82_FR_61567 82 FR 61320 - Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees; State of Texas Allocation

82 FR 61320 - Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees; State of Texas Allocation

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61320-61323
FR Document2017-27960

This notice allocates $57,800,000 of Community Development Block Grant disaster recovery (CDBG-DR) funds to the State of Texas in response to Hurricane Harvey. This allocation is made pursuant to the requirements of Public Law 115-31. This notice also makes a technical correction to the previously established alternative requirement on the low- and moderate- income national objective criteria for grantees undertaking CDBG-DR buyouts and housing incentives.

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61320-61323]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27960]


=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6074-N-01]


Allocations, Common Application, Waivers, and Alternative 
Requirements for Community Development Block Grant Disaster Recovery 
Grantees; State of Texas Allocation

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice allocates $57,800,000 of Community Development 
Block Grant disaster recovery (CDBG-DR) funds to the State of Texas in 
response to Hurricane Harvey. This allocation is made pursuant to the 
requirements of Public Law 115-31. This notice also makes a technical 
correction to the previously established alternative requirement on the 
low- and moderate- income national objective criteria for grantees 
undertaking CDBG-DR buyouts and housing incentives.

DATES: Applicable: January 2, 2018.

FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Acting 
Director, Office of Block Grant Assistance, Department of Housing and 
Urban Development, 451 7th Street, SW, Room 10166, Washington, DC 
20410, telephone number 202-708-3587. Persons with hearing or speech 
impairments may access this number via TTY by calling the Federal Relay 
Service at 800-877-8339. Facsimile inquiries may be sent to Ms. Kome at 
202-401-2044. (Except for the''800'' number, these telephone numbers 
are not toll-free.) Email inquiries may be sent to 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. 2017 Allocations
    A. Background
    B. Use of Funds
    C. Grant Process
    D. Applicable Rules, Statutes, Waivers, and Alternative 
Requirements
    E. Duration of Funding
II. Applicable Rules, Statutes, Waivers, and Alternative 
Requirements
III. Catalog of Federal Domestic Assistance
IV. Finding of No Significant Impact

I. 2017 Allocations

A. Background

    Congress appropriated $400 million in CDBG-DR funds for necessary 
expenses for activities authorized under title I of the Housing and 
Community Development Act of 1974 (HCDA) related to disaster relief, 
long-term recovery, restoration of infrastructure and housing, and 
economic revitalization in the most impacted and distressed areas 
resulting from a qualifying major disaster declared by the President 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act of 1974 (Stafford Act) (42 U.S.C. 5121 et seq.) in 2015, 
2016, 2017 or later.
    Of this amount, HUD previously allocated $342,200,000 to areas 
impacted by disasters in 2015 and 2016. The $57,800,000 allocated under 
this notice is the remaining amount from $400 million appropriated 
under Public Law 115-31.
    Public Law 115-31 specifies that the funds allocated for disasters 
in 2017 or later must be allocated and used under the same authority 
and conditions as those applicable to CDBG-DR funds appropriated by 
Public Law 114-223. Therefore, the funds allocated to the State of 
Texas under this notice are subject to the authority and conditions of 
Public Law 114-223 and the requirements, waivers, and alternative 
requirements applicable to CDBG-DR funds appropriated under Public Law 
114-223 provided in HUD's Federal Register notices published on 
November 21, 2016, January 18, 2017, and August 7, 2017. These Federal 
Register notices describe the allocation and applicable waivers and 
alternative requirements, relevant statutory and regulatory 
requirements, grant award process, criteria for Action Plan approval, 
and eligible disaster recovery activities for the qualifying disaster.

[[Page 61321]]

    Section III.A. of HUD's August 7, 2017 Federal Register notice 
provided that HUD would not evaluate a 2017 disaster for qualification 
to receive CDBG-DR funds until: (i) The major disaster has been 
declared eligible for the Federal Emergency Management Agency's (FEMA) 
Public Assistance (PA) Program and Individual and Households (IHP) 
Program; (ii) FEMA has approved Individual Assistance applications 
totaling at least $13 million in IHP financial assistance for the 
declared disaster in a single county; and (iii) four months have passed 
since the disaster declaration that made IHP available, or the IHP 
registration period is closed, whichever comes first. Section III. A. 
iii. was intended to allow time for HUD to gather data needed to 
validate that a disaster met the eligibility thresholds established in 
the methodology. However, HUD has already received sufficient data to 
show these thresholds were far exceeded by Hurricane Harvey, and thus, 
the Department is rescinding section III. A. iii. of the August 7, 2017 
notice to expedite this allocation.
    Section III.A. also provided that HUD would use the detailed 
methodology specified in Appendix A of the January 18, 2017 notice and 
make allocations equal to the lesser of 100 percent of the serious 
unmet needs or the remaining funds available from Public Law 115-31. 
Using updated data HUD received from the Federal Emergency Management 
Agency (FEMA) and the Small Business Administration (SBA), the unmet 
needs in Texas far exceed this allocation of the remaining $57,800,000 
available from Public Law 115-31. A detailed explanation of HUD's 
allocation methodology applicable to the $57,800,000 is provided at 
Appendix A of the January 18, 2017 notice.

 Table 1--Qualifying 2017 Disaster and ``Most Impacted and Distressed''
                                  Area
------------------------------------------------------------------------
                                                    Minimum amount that
                                                    must be expended for
                                                    recovery in the HUD-
       FEMA Disaster No.             Grantee         identified ``most
                                                        impacted and
                                                     distressed'' areas
------------------------------------------------------------------------
                             2017 Disasters
------------------------------------------------------------------------
4332..........................  State of Texas...  Harris County
                                                    ($46,240,000).
------------------------------------------------------------------------

    The grantee's use of funds is limited to unmet recovery needs from 
Hurricane Harvey (FEMA Disaster No. 4332). Table 2 shows the HUD-
identified ``most impacted and distressed'' areas impacted by the 
identified disaster. At least 80 percent of the $57,800,000 must 
address unmet needs within Harris County, Texas, which is the ``most 
impacted and distressed'' area, as identified by HUD. Texas may spend 
the remaining 20 percent in Harris County or in other areas the grantee 
determines to be ``most impacted and distressed'' that a received a 
presidential disaster declaration pursuant to the disaster number 
listed in Table 1.

B. Use of Funds

    Public Law 115-31 requires funds to be used only for specific 
disaster recovery related purposes. This allocation provides funds to 
the State of Texas for authorized disaster recovery efforts associated 
with Hurricane Harvey. Section III of the August 7, 2017 notice 
describes the requirements governing the submission of action plans 
required for 2017 disasters. However, the State of Texas previously 
completed a CDBG-DR action plan for 2016 disasters and that action plan 
is subject to the same requirements applicable to this allocation. Due 
to the severity of Hurricane Harvey and to help ensure funds reach 
those affected in a timely manner, HUD will allow Texas to adopt and 
incorporate into its Action Plan, for the funds allocated under this 
notice, any relevant information from the action plan that it 
previously completed for its 2016 disaster allocation. Additionally, 
the scale of analysis for this allocation may be commensurate with the 
amount of the allocation and the limited data available this soon after 
the disaster. Accordingly, section III. B. of the August 7, 2017 notice 
is deleted and replaced with the following:

B. Use of Funds

    Grantees receiving an allocation of funds under Public Law 115-31 
for 2017 and later disasters pursuant to a subsequent notice are 
subject to the requirements of the November 21, 2016 notice, as 
amended, which require that prior to the obligation of CDBG-DR funds, a 
grantee shall submit a plan to HUD for approval detailing the proposed 
use of all funds, including criteria for eligibility, and how the use 
of these funds will address long-term recovery and restoration of 
infrastructure and housing and economic revitalization in the most 
impacted and distressed areas. The grantee's Action Plan for 2017 
disasters may adopt and incorporate applicable sections and any other 
relevant information from its Action Plan for 2016 disasters, 
previously submitted pursuant to the November 21, 2016 notice or 
January 18, 2017 notice. The grantee must include updated information 
specific to the 2017 disasters, such as its analysis of unmet needs and 
use of funds to address these needs. The Action Plan for 2017 disasters 
must describe uses and activities for all funds that: (1) Are 
authorized under title I of the Housing and Community Development Act 
of 1974 (HCDA) or allowed by a waiver or alternative requirement; and 
(2) respond to disaster-related impact to infrastructure, housing, and 
economic revitalization in the most impacted and distressed areas. To 
inform the Action Plan, the grantee must conduct an updated assessment 
of community impacts and unmet needs to guide the development and 
prioritization of planned recovery activities, pursuant to paragraph 
A.2.a. in section VI of the November 21, 2016, notice, as amended. 
However, the scale of analysis for this allocation may be commensurate 
with the amount of the allocation and the limited data available.
    Public Law 115-31 requires the Secretary to certify, in advance of 
signing a grant agreement, that the grantee has in place proficient 
financial controls and procurement processes and has established 
adequate procedures to prevent any duplication of benefits as defined 
by section 312 of the Stafford Act, ensure timely expenditure of funds, 
maintain comprehensive websites regarding all disaster recovery 
activities assisted with these funds, and detect and prevent waste, 
fraud, and abuse of funds. The November 21, 2016 notice further 
required grantees to submit risk analysis documentation and to certify 
to its capacity to administer CDBG-DR funds. To provide a basis for 
these certifications, grantees were required to submit documentation to 
the Department demonstrating compliance with the stated requirements of 
the

[[Page 61322]]

statute and corresponding notice. The Department will not require 
grantees to resubmit its previous documentation to support the 
Secretary's required certification before signing the grant agreement 
for funds under Public Law 115-31 for 2017 disasters. Instead, grantees 
receiving an allocation of funds under Public Law 115-31 for 2017 
disasters may submit a new certification to HUD indicating that its 
submissions in response to the certification requirements of the 
November 21, 2016 notice for its CDBG-DR grant for 2016 disasters 
remain unchanged, and the policies and procedures on which HUD based 
its certification for 2016 disasters are adopted and will apply to the 
grantee's CDBG-DR grant allocation for 2017 disasters. Alternatively, 
grantees may provide a supplement updating its previous submissions in 
response to the certification requirements of the November 21, 2016 
notice to indicate any changes that will apply to the use of funds for 
2017 disasters, and will submit a certification that its submissions 
remain unchanged, except as indicated.
    Pursuant to the November 21, 2016 notice, as amended, a grantee 
receiving an allocation of funds for 2017 disasters in a subsequent 
notice is also required to expend 100 percent of its allocation of 
CDBG-DR funds on eligible activities within 6 years of HUD's execution 
of the grant agreement.
    A grantee receiving an allocation of funds for 2017 disasters will 
be subject to the grant process provided for in section V. of the 
November 21, 2016 notice, as amended. The grantee and HUD will execute 
a separate grant agreement for funds for 2017 disasters.

C. Grant Process

    To receive funds allocated by this notice, Texas may adopt and 
incorporate applicable sections and any other relevant information from 
its approved Action Plan for 2016 disasters, and include any additional 
information, as appropriate, to address recovery from Hurricane Harvey. 
In developing the resulting Action Plan for Hurricane Harvey (Public 
Law 115-31), Texas must meet the grant process requirements from the 
November 21, 2016 notice, which include the following:
     Consult with affected citizens, stakeholders, local 
governments, and public housing authorities to assess needs;
     Publish the resulting Action Plan for Hurricane Harvey 
(Pub. L. 115-31) in accordance with the requirements set forth in 
section VI.A.4.a of the November 21, 2016 notice, including the 
requirement to prominently post the Action Plan on its official website 
for no less than 14 calendar days. The grantee must also ensure equal 
access for persons with disabilities and persons with limited English 
proficiency. The manner of publication must afford citizens, affected 
local governments, and other interested parties a reasonable 
opportunity to examine the Action Plan contents and provide feedback;
     Respond to public comment and submit its resulting Action 
Plan for 2017 disasters to HUD no later than 90 days after the 
effective date of this notice;
     Enter the activities from its published Action Plan for 
Hurricane Harvey (Pub. L. 115-31) into the Disaster Recovery Grant 
Reporting (DRGR) system and submit the updated DRGR Action Plan to HUD 
within the system;
     Sign and return the grant agreement to HUD;
     Ensure that the HUD approved Action Plan for Hurricane 
Harvey (Pub. L. 115-31) is posted prominently on its official website; 
and
     Amend its published Action Plan for Hurricane Harvey (Pub. 
L. 115-31) to include its projection of expenditures and outcomes 
within 90 days of the Action Plan approval.
    HUD will review Texas's resulting Action Plan for Hurricane Harvey 
(Pub. L. 115-31) within 45 days from date of receipt and determine 
whether to approve the plan per criteria identified in this notice and 
all applicable prior notices. HUD will then send an approval letter, 
grant conditions, and an unsigned grant agreement to the grantee. If 
the state's Action Plan is not approved, a letter will be sent 
identifying its deficiencies and the state must then re-submit the plan 
within 45 days of the notification letter.
    Once HUD signs the grant agreement and revises the grantee's line 
of credit amount, the state may draw down funds from the line of credit 
after the Responsible Entity completes applicable environmental 
review(s) pursuant to 24 CFR part 58 or as authorized by Public Law 
115-31 and, as applicable, receives from HUD or the state an approved 
Request for Release of Funds and certification.

D. Applicable Rules, Statutes, Waivers, and Alternative Requirements

    The funds allocated under this notice are subject to the waivers 
and alternative requirements provided in the November 21, 2016, January 
18, 2017, and August 7, 2017 notices governing the award of CDBG-DR 
funds to 2016 grantees. These waivers and alternative requirements 
provide additional flexibility in program design and implementation to 
support full and swift recovery following the disasters, while also 
ensuring that statutory requirements are met. Texas may request 
additional waivers and alternative requirements from the Department, as 
needed, to address specific needs related to its recovery activities. 
Waivers and alternative requirements are effective five days after they 
are published in the Federal Register.

E. Duration of Funding

    Public Law 115-31 provides that these funds will remain available 
until expended. However, consistent with 31 U.S.C. 1555 and OMB 
Circular A-11, if the Secretary or the President determines that the 
purposes for which the appropriation has been made have been carried 
out and no disbursements have been made against the appropriation for 
two consecutive fiscal years, any remaining balance will be made 
unavailable for obligation or expenditure. Consistent with the November 
21, 2016, January 18, 2017, and August 7, 2017 notices, the provisions 
at 24 CFR 570.494 and 24 CFR 570.902 regarding timely distribution of 
funds are waived and replaced with alternative requirements. Grantees 
must expend 100 percent of their allocation of CDBG-DR funds on 
eligible activities within 6 years of HUD's execution of the grant 
agreement.

II. Applicable Rules, Statutes, Waivers, and Alternative Requirements

    This section of the notice provides a technical correction to the 
previously established alternative requirement on the low- and 
moderate- income (LMI) national objective criteria for grantees 
undertaking buyouts and housing incentives with CDBG-DR funding 
provided by Public Laws 113-2, 114-113, 114-223, 114-254 and 115-31.
    The Federal Register notice published by the Department on August 
7, 2017 (82 FR 36812) established additional opportunities for CDBG-DR 
grantees to meet the LMI national objective with respect to assistance 
provided to LMI persons through buyouts and housing incentives. After 
the publication of that notice, HUD determined that the language used 
would make it difficult for grantees to meet those objectives. 
Accordingly, starting at the fifth paragraph of Section V, the August 
7, 2017 notice is amended to read:
    For a buyout award or housing incentive to meet the new LMB and 
LMHI national objectives, grantees must demonstrate the following:

[[Page 61323]]

    (1) The CDBG-DR funds have been provided for an eligible activity 
that benefits LMI households by supporting their move from high risk 
areas. The following activities shall qualify under this criterion, and 
must also meet the eligibility criteria of the notices governing the 
use of the CDBG-DR funds:
    (a) Low/Mod Buyout (LMB). When CDBG-DR funds are used for a buyout 
award to acquire housing owned by a qualifying LMI household, where the 
award amount is greater than post-disaster (current) fair market value 
of that property;
    (b) Low/Mod Housing Incentive (LMHI). When CDBG-DR funds are used 
for a housing incentive award, tied to the voluntary buyout or other 
voluntary acquisition of housing owned by a qualifying LMI household, 
for which the housing incentive is for the purpose of moving outside of 
the affected floodplain or to a lower-risk area; or when the housing 
incentive is for the purpose of providing or improving residential 
structures that, upon completion, will be occupied by an LMI household.
    (2) Activities that meet the above criteria will be considered to 
benefit low- and moderate-income persons unless there is substantial 
evidence to the contrary.
    Any activities that meet the newly established national objective 
criteria described above will count towards the calculation of a CDBG-
DR grantee's overall LMI benefit to comply with the primary objective 
described in 24 CFR 570.200(a)(3) and 24 CFR 570.484(b). Grantees 
receiving an allocation of CDBG-DR funds pursuant to the following 
appropriations acts must specifically request a waiver and alternative 
requirement from HUD in order apply the new national objective criteria 
established in this section of the notice: Public Law 109-148, 109-234, 
and 110-116 (Katrina, Rita, and Wilma); Public Law 110-252 and 110-328 
(2008 Disasters), Public Law 111-112 (2010 disasters), and Public Law 
112-55 (2011 disasters).

III. Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers for the disaster 
recovery grants under this notice are as follows: 14.218; 14.228; and 
14.269.

IV. Finding of No Significant Impact

    A Finding of No Significant Impact (FONSI) with respect to the 
environment has been made in accordance with HUD regulations at 24 CFR 
part 50, which implement section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is 
available for public inspection between 8 a.m. and 5 p.m. weekdays in 
the Regulations Division, Office of General Counsel, Department of 
Housing and Urban Development, 451 7th Street SW, Room 10276, 
Washington, DC 20410-0500. Due to security measures at the HUD 
Headquarters building, an advance appointment to review the docket file 
must be scheduled by calling the Regulations Division at 202-708-3055 
(this is not a toll-free number). Hearing- or speech-impaired 
individuals may access this number through TTY by calling the Federal 
Relay Service at 800-877-8339 (this is a toll-free number).

    Dated: December 20, 2017.
Neal J. Rackleff,
Assistant Secretary for Community Planning and Development.
[FR Doc. 2017-27960 Filed 12-26-17; 8:45 am]
 BILLING CODE 4210-67-P



                                               61320                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                               proposed collection of information,                       (5) An estimate of the total number of              inquiries may be sent to Ms. Kome at
                                               including the validity of the                           respondents and the amount of time                    202–401–2044. (Except for the’’800’’
                                               methodology and assumptions used;                       estimated for an average respondent to                number, these telephone numbers are
                                                 (3) Enhance the quality, utility, and                 respond: The estimated total number of                not toll-free.) Email inquiries may be
                                               clarity of the information to be                        respondents for the information                       sent to disaster_recovery@hud.gov.
                                               collected; and                                          collection is 3,000 and the estimated                 SUPPLEMENTARY INFORMATION:
                                                 (4) Minimize the burden of the                        hour burden per response is 1.5 hours.
                                               collection of information on those who                    (6) An estimate of the total public                 Table of Contents
                                               are to respond, including through the                   burden (in hours) associated with the                 I. 2017 Allocations
                                               use of appropriate automated,                           collection: The total estimated annual                   A. Background
                                               electronic, mechanical, or other                        hour burden associated with this                         B. Use of Funds
                                               technological collection techniques or                  collection is 4,500 hours.                               C. Grant Process
                                                                                                         (7) An estimate of the total public                    D. Applicable Rules, Statutes, Waivers, and
                                               other forms of information technology,
                                                                                                       burden (in cost) associated with the                        Alternative Requirements
                                               e.g., permitting electronic submission of                                                                        E. Duration of Funding
                                               responses.                                              collection: The estimated total annual
                                                                                                                                                             II. Applicable Rules, Statutes, Waivers, and
                                                                                                       cost burden associated with this                            Alternative Requirements
                                               Overview of This Information                            collection of information is $0.                      III. Catalog of Federal Domestic Assistance
                                               Collection
                                                                                                         Dated: December 20, 2017.                           IV. Finding of No Significant Impact
                                                 (1) Type of Information Collection                    Samantha Deshommes,                                   I. 2017 Allocations
                                               Request: Extension, Without Change, of                  Chief, Regulatory Coordination Division,
                                               a Currently Approved Collection.                        Office of Policy and Strategy, U.S. Citizenship       A. Background
                                                 (2) Title of the Form/Collection:                     and Immigration Services, Department of                  Congress appropriated $400 million
                                               Collection of Qualitative Feedback                      Homeland Security.                                    in CDBG–DR funds for necessary
                                               through Focus Groups.                                   [FR Doc. 2017–27809 Filed 12–26–17; 8:45 am]          expenses for activities authorized under
                                                 (3) Agency form number, if any, and                   BILLING CODE 9111–97–P                                title I of the Housing and Community
                                               the applicable component of the DHS                                                                           Development Act of 1974 (HCDA)
                                               sponsoring the collection: No Agency                                                                          related to disaster relief, long-term
                                               Form Number; USCIS.                                     DEPARTMENT OF HOUSING AND                             recovery, restoration of infrastructure
                                                 (4) Affected public who will be asked                 URBAN DEVELOPMENT                                     and housing, and economic
                                               or required to respond, as well as a brief                                                                    revitalization in the most impacted and
                                                                                                       [Docket No. FR–6074–N–01]
                                               abstract: Primary: Individuals or                                                                             distressed areas resulting from a
                                               households; Business or other for-profit.               Allocations, Common Application,                      qualifying major disaster declared by
                                               The information collection activity will                Waivers, and Alternative Requirements                 the President pursuant to the Robert T.
                                               garner qualitative customer and                         for Community Development Block                       Stafford Disaster Relief and Emergency
                                               stakeholder feedback in an efficient,                   Grant Disaster Recovery Grantees;                     Assistance Act of 1974 (Stafford Act) (42
                                               timely manner, in accordance with the                   State of Texas Allocation                             U.S.C. 5121 et seq.) in 2015, 2016, 2017
                                               Administration’s commitment to                                                                                or later.
                                               improving service delivery. By                          AGENCY:  Office of the Assistant                         Of this amount, HUD previously
                                               qualitative feedback USCIS means                        Secretary for Community Planning and                  allocated $342,200,000 to areas
                                               information that provides useful                        Development, HUD.                                     impacted by disasters in 2015 and 2016.
                                               insights on perceptions and opinions,                   ACTION: Notice.                                       The $57,800,000 allocated under this
                                               but not responses to statistical surveys                                                                      notice is the remaining amount from
                                               that yield quantitative results that can                SUMMARY:   This notice allocates                      $400 million appropriated under Public
                                               be generalized to the population of                     $57,800,000 of Community                              Law 115–31.
                                               study. This feedback will provide                       Development Block Grant disaster                         Public Law 115–31 specifies that the
                                               information on customer and                             recovery (CDBG–DR) funds to the State                 funds allocated for disasters in 2017 or
                                               stakeholder perceptions, experiences                    of Texas in response to Hurricane                     later must be allocated and used under
                                               and expectations, provide an early                      Harvey. This allocation is made                       the same authority and conditions as
                                               warning of issues with service, and/or                  pursuant to the requirements of Public                those applicable to CDBG–DR funds
                                               focus attention on areas where                          Law 115–31. This notice also makes a                  appropriated by Public Law 114–223.
                                               communication, training, or changes in                  technical correction to the previously                Therefore, the funds allocated to the
                                               operations might improve delivery of                    established alternative requirement on                State of Texas under this notice are
                                               products or services. These collections                 the low- and moderate- income national                subject to the authority and conditions
                                               will allow for ongoing, collaborative and               objective criteria for grantees                       of Public Law 114–223 and the
                                               actionable communications between the                   undertaking CDBG–DR buyouts and                       requirements, waivers, and alternative
                                               Agency and its customers and                            housing incentives.                                   requirements applicable to CDBG–DR
                                               stakeholders and contribute directly to                 DATES: Applicable: January 2, 2018.                   funds appropriated under Public Law
                                               the improvement of program                              FOR FURTHER INFORMATION CONTACT:                      114–223 provided in HUD’s Federal
                                               management. Feedback collected under                    Jessie Handforth Kome, Acting Director,               Register notices published on November
                                               this generic clearance will provide                     Office of Block Grant Assistance,                     21, 2016, January 18, 2017, and August
                                               useful information, but it will not be                  Department of Housing and Urban                       7, 2017. These Federal Register notices
daltland on DSKBBV9HB2PROD with NOTICES




                                               generalized to the overall population.                  Development, 451 7th Street, SW, Room                 describe the allocation and applicable
                                               This data collection will not be used to                10166, Washington, DC 20410,                          waivers and alternative requirements,
                                               generate quantitative information that is               telephone number 202–708–3587.                        relevant statutory and regulatory
                                               designed to yield reliably actionable                   Persons with hearing or speech                        requirements, grant award process,
                                               results, such as monitoring trends over                 impairments may access this number                    criteria for Action Plan approval, and
                                               time or documenting program                             via TTY by calling the Federal Relay                  eligible disaster recovery activities for
                                               performance.                                            Service at 800–877–8339. Facsimile                    the qualifying disaster.


                                          VerDate Sep<11>2014   21:43 Dec 26, 2017   Jkt 244001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\27DEN1.SGM   27DEN1


                                                                               Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices                                                    61321

                                                  Section III.A. of HUD’s August 7, 2017                           the IHP registration period is closed,                    equal to the lesser of 100 percent of the
                                               Federal Register notice provided that                               whichever comes first. Section III. A. iii.               serious unmet needs or the remaining
                                               HUD would not evaluate a 2017 disaster                              was intended to allow time for HUD to                     funds available from Public Law 115–
                                               for qualification to receive CDBG–DR                                gather data needed to validate that a                     31. Using updated data HUD received
                                               funds until: (i) The major disaster has                             disaster met the eligibility thresholds                   from the Federal Emergency
                                               been declared eligible for the Federal                              established in the methodology.                           Management Agency (FEMA) and the
                                               Emergency Management Agency’s                                       However, HUD has already received                         Small Business Administration (SBA),
                                               (FEMA) Public Assistance (PA) Program                               sufficient data to show these thresholds                  the unmet needs in Texas far exceed
                                               and Individual and Households (IHP)                                 were far exceeded by Hurricane Harvey,                    this allocation of the remaining
                                               Program; (ii) FEMA has approved                                     and thus, the Department is rescinding                    $57,800,000 available from Public Law
                                               Individual Assistance applications                                  section III. A. iii. of the August 7, 2017                115–31. A detailed explanation of
                                               totaling at least $13 million in IHP                                notice to expedite this allocation.                       HUD’s allocation methodology
                                               financial assistance for the declared                                 Section III.A. also provided that HUD
                                               disaster in a single county; and (iii) four                         would use the detailed methodology                        applicable to the $57,800,000 is
                                               months have passed since the disaster                               specified in Appendix A of the January                    provided at Appendix A of the January
                                               declaration that made IHP available, or                             18, 2017 notice and make allocations                      18, 2017 notice.

                                                                               TABLE 1—QUALIFYING 2017 DISASTER AND ‘‘MOST IMPACTED AND DISTRESSED’’ AREA
                                                                                                                                                             Minimum amount that must be expended for
                                                       FEMA                                          Grantee                                                recovery in the HUD-identified ‘‘most impacted
                                                    Disaster No.                                                                                                         and distressed’’ areas

                                                                                                                                         2017 Disasters

                                               4332 ........................    State of Texas .......................................   Harris County ($46,240,000).



                                                 The grantee’s use of funds is limited                             previously completed for its 2016                         authorized under title I of the Housing
                                               to unmet recovery needs from Hurricane                              disaster allocation. Additionally, the                    and Community Development Act of
                                               Harvey (FEMA Disaster No. 4332). Table                              scale of analysis for this allocation may                 1974 (HCDA) or allowed by a waiver or
                                               2 shows the HUD-identified ‘‘most                                   be commensurate with the amount of                        alternative requirement; and (2) respond
                                               impacted and distressed’’ areas                                     the allocation and the limited data                       to disaster-related impact to
                                               impacted by the identified disaster. At                             available this soon after the disaster.                   infrastructure, housing, and economic
                                               least 80 percent of the $57,800,000 must                            Accordingly, section III. B. of the                       revitalization in the most impacted and
                                               address unmet needs within Harris                                   August 7, 2017 notice is deleted and                      distressed areas. To inform the Action
                                               County, Texas, which is the ‘‘most                                  replaced with the following:                              Plan, the grantee must conduct an
                                               impacted and distressed’’ area, as                                                                                            updated assessment of community
                                                                                                                   B. Use of Funds
                                               identified by HUD. Texas may spend the                                                                                        impacts and unmet needs to guide the
                                               remaining 20 percent in Harris County                                 Grantees receiving an allocation of                     development and prioritization of
                                               or in other areas the grantee determines                            funds under Public Law 115–31 for                         planned recovery activities, pursuant to
                                               to be ‘‘most impacted and distressed’’                              2017 and later disasters pursuant to a                    paragraph A.2.a. in section VI of the
                                               that a received a presidential disaster                             subsequent notice are subject to the                      November 21, 2016, notice, as amended.
                                               declaration pursuant to the disaster                                requirements of the November 21, 2016                     However, the scale of analysis for this
                                               number listed in Table 1.                                           notice, as amended, which require that                    allocation may be commensurate with
                                                                                                                   prior to the obligation of CDBG–DR                        the amount of the allocation and the
                                               B. Use of Funds
                                                                                                                   funds, a grantee shall submit a plan to                   limited data available.
                                                  Public Law 115–31 requires funds to                              HUD for approval detailing the                               Public Law 115–31 requires the
                                               be used only for specific disaster                                  proposed use of all funds, including                      Secretary to certify, in advance of
                                               recovery related purposes. This                                     criteria for eligibility, and how the use                 signing a grant agreement, that the
                                               allocation provides funds to the State of                           of these funds will address long-term                     grantee has in place proficient financial
                                               Texas for authorized disaster recovery                              recovery and restoration of                               controls and procurement processes and
                                               efforts associated with Hurricane                                   infrastructure and housing and                            has established adequate procedures to
                                               Harvey. Section III of the August 7, 2017                           economic revitalization in the most                       prevent any duplication of benefits as
                                               notice describes the requirements                                   impacted and distressed areas. The                        defined by section 312 of the Stafford
                                               governing the submission of action                                  grantee’s Action Plan for 2017 disasters                  Act, ensure timely expenditure of funds,
                                               plans required for 2017 disasters.                                  may adopt and incorporate applicable                      maintain comprehensive websites
                                               However, the State of Texas previously                              sections and any other relevant                           regarding all disaster recovery activities
                                               completed a CDBG–DR action plan for                                 information from its Action Plan for                      assisted with these funds, and detect
                                               2016 disasters and that action plan is                              2016 disasters, previously submitted                      and prevent waste, fraud, and abuse of
                                               subject to the same requirements                                    pursuant to the November 21, 2016                         funds. The November 21, 2016 notice
                                               applicable to this allocation. Due to the                           notice or January 18, 2017 notice. The                    further required grantees to submit risk
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                                               severity of Hurricane Harvey and to                                 grantee must include updated                              analysis documentation and to certify to
                                               help ensure funds reach those affected                              information specific to the 2017                          its capacity to administer CDBG–DR
                                               in a timely manner, HUD will allow                                  disasters, such as its analysis of unmet                  funds. To provide a basis for these
                                               Texas to adopt and incorporate into its                             needs and use of funds to address these                   certifications, grantees were required to
                                               Action Plan, for the funds allocated                                needs. The Action Plan for 2017                           submit documentation to the
                                               under this notice, any relevant                                     disasters must describe uses and                          Department demonstrating compliance
                                               information from the action plan that it                            activities for all funds that: (1) Are                    with the stated requirements of the


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                                               61322                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                               statute and corresponding notice. The                   the requirement to prominently post the               flexibility in program design and
                                               Department will not require grantees to                 Action Plan on its official website for no            implementation to support full and
                                               resubmit its previous documentation to                  less than 14 calendar days. The grantee               swift recovery following the disasters,
                                               support the Secretary’s required                        must also ensure equal access for                     while also ensuring that statutory
                                               certification before signing the grant                  persons with disabilities and persons                 requirements are met. Texas may
                                               agreement for funds under Public Law                    with limited English proficiency. The                 request additional waivers and
                                               115–31 for 2017 disasters. Instead,                     manner of publication must afford                     alternative requirements from the
                                               grantees receiving an allocation of funds               citizens, affected local governments, and             Department, as needed, to address
                                               under Public Law 115–31 for 2017                        other interested parties a reasonable                 specific needs related to its recovery
                                               disasters may submit a new certification                opportunity to examine the Action Plan                activities. Waivers and alternative
                                               to HUD indicating that its submissions                  contents and provide feedback;                        requirements are effective five days after
                                               in response to the certification                           • Respond to public comment and                    they are published in the Federal
                                               requirements of the November 21, 2016                   submit its resulting Action Plan for 2017             Register.
                                               notice for its CDBG–DR grant for 2016                   disasters to HUD no later than 90 days
                                               disasters remain unchanged, and the                     after the effective date of this notice;              E. Duration of Funding
                                               policies and procedures on which HUD                       • Enter the activities from its                       Public Law 115–31 provides that
                                               based its certification for 2016 disasters              published Action Plan for Hurricane                   these funds will remain available until
                                               are adopted and will apply to the                       Harvey (Pub. L. 115–31) into the                      expended. However, consistent with 31
                                               grantee’s CDBG–DR grant allocation for                  Disaster Recovery Grant Reporting                     U.S.C. 1555 and OMB Circular A–11, if
                                               2017 disasters. Alternatively, grantees                 (DRGR) system and submit the updated                  the Secretary or the President
                                               may provide a supplement updating its                   DRGR Action Plan to HUD within the                    determines that the purposes for which
                                               previous submissions in response to the                 system;                                               the appropriation has been made have
                                               certification requirements of the                          • Sign and return the grant agreement              been carried out and no disbursements
                                               November 21, 2016 notice to indicate                    to HUD;                                               have been made against the
                                               any changes that will apply to the use                     • Ensure that the HUD approved                     appropriation for two consecutive fiscal
                                               of funds for 2017 disasters, and will                   Action Plan for Hurricane Harvey (Pub.                years, any remaining balance will be
                                               submit a certification that its                         L. 115–31) is posted prominently on its               made unavailable for obligation or
                                               submissions remain unchanged, except                    official website; and                                 expenditure. Consistent with the
                                               as indicated.                                              • Amend its published Action Plan                  November 21, 2016, January 18, 2017,
                                                 Pursuant to the November 21, 2016                     for Hurricane Harvey (Pub. L. 115–31) to              and August 7, 2017 notices, the
                                               notice, as amended, a grantee receiving                 include its projection of expenditures                provisions at 24 CFR 570.494 and 24
                                               an allocation of funds for 2017 disasters               and outcomes within 90 days of the                    CFR 570.902 regarding timely
                                               in a subsequent notice is also required                 Action Plan approval.                                 distribution of funds are waived and
                                               to expend 100 percent of its allocation                    HUD will review Texas’s resulting
                                                                                                                                                             replaced with alternative requirements.
                                               of CDBG–DR funds on eligible activities                 Action Plan for Hurricane Harvey (Pub.
                                                                                                                                                             Grantees must expend 100 percent of
                                               within 6 years of HUD’s execution of the                L. 115–31) within 45 days from date of
                                                                                                                                                             their allocation of CDBG–DR funds on
                                               grant agreement.                                        receipt and determine whether to
                                                                                                                                                             eligible activities within 6 years of
                                                 A grantee receiving an allocation of                  approve the plan per criteria identified
                                                                                                                                                             HUD’s execution of the grant agreement.
                                               funds for 2017 disasters will be subject                in this notice and all applicable prior
                                               to the grant process provided for in                    notices. HUD will then send an                        II. Applicable Rules, Statutes, Waivers,
                                               section V. of the November 21, 2016                     approval letter, grant conditions, and an             and Alternative Requirements
                                               notice, as amended. The grantee and                     unsigned grant agreement to the grantee.
                                                                                                                                                               This section of the notice provides a
                                               HUD will execute a separate grant                       If the state’s Action Plan is not
                                                                                                                                                             technical correction to the previously
                                               agreement for funds for 2017 disasters.                 approved, a letter will be sent
                                                                                                                                                             established alternative requirement on
                                                                                                       identifying its deficiencies and the state
                                               C. Grant Process                                                                                              the low- and moderate- income (LMI)
                                                                                                       must then re-submit the plan within 45
                                                 To receive funds allocated by this                                                                          national objective criteria for grantees
                                                                                                       days of the notification letter.
                                               notice, Texas may adopt and                                Once HUD signs the grant agreement                 undertaking buyouts and housing
                                               incorporate applicable sections and any                 and revises the grantee’s line of credit              incentives with CDBG–DR funding
                                               other relevant information from its                     amount, the state may draw down funds                 provided by Public Laws 113–2, 114–
                                               approved Action Plan for 2016 disasters,                from the line of credit after the                     113, 114–223, 114–254 and 115–31.
                                               and include any additional information,                 Responsible Entity completes applicable                 The Federal Register notice published
                                               as appropriate, to address recovery from                environmental review(s) pursuant to 24                by the Department on August 7, 2017
                                               Hurricane Harvey. In developing the                     CFR part 58 or as authorized by Public                (82 FR 36812) established additional
                                               resulting Action Plan for Hurricane                     Law 115–31 and, as applicable, receives               opportunities for CDBG–DR grantees to
                                               Harvey (Public Law 115–31), Texas                       from HUD or the state an approved                     meet the LMI national objective with
                                               must meet the grant process                             Request for Release of Funds and                      respect to assistance provided to LMI
                                               requirements from the November 21,                      certification.                                        persons through buyouts and housing
                                               2016 notice, which include the                                                                                incentives. After the publication of that
                                                                                                       D. Applicable Rules, Statutes, Waivers,               notice, HUD determined that the
                                               following:
                                                 • Consult with affected citizens,                     and Alternative Requirements                          language used would make it difficult
                                               stakeholders, local governments, and                       The funds allocated under this notice              for grantees to meet those objectives.
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                                               public housing authorities to assess                    are subject to the waivers and                        Accordingly, starting at the fifth
                                               needs;                                                  alternative requirements provided in the              paragraph of Section V, the August 7,
                                                 • Publish the resulting Action Plan                   November 21, 2016, January 18, 2017,                  2017 notice is amended to read:
                                               for Hurricane Harvey (Pub. L. 115–31)                   and August 7, 2017 notices governing                    For a buyout award or housing
                                               in accordance with the requirements set                 the award of CDBG–DR funds to 2016                    incentive to meet the new LMB and
                                               forth in section VI.A.4.a of the                        grantees. These waivers and alternative               LMHI national objectives, grantees must
                                               November 21, 2016 notice, including                     requirements provide additional                       demonstrate the following:


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                                                                        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices                                           61323

                                                  (1) The CDBG–DR funds have been                      102(2)(C) of the National Environmental               Species Council (NISC) to provide
                                               provided for an eligible activity that                  Policy Act of 1969 (42 U.S.C.                         interdepartmental coordination,
                                               benefits LMI households by supporting                   4332(2)(C)). The FONSI is available for               planning, and leadership for the Federal
                                               their move from high risk areas. The                    public inspection between 8 a.m. and 5                Government on the prevention,
                                               following activities shall qualify under                p.m. weekdays in the Regulations                      eradication, and control of invasive
                                               this criterion, and must also meet the                  Division, Office of General Counsel,                  species. This authorization was recently
                                               eligibility criteria of the notices                     Department of Housing and Urban                       reiterated in E.O. 13751. NISC is
                                               governing the use of the CDBG–DR                        Development, 451 7th Street SW, Room                  currently comprised of the senior-most
                                               funds:                                                  10276, Washington, DC 20410–0500.                     leadership of thirteen Federal
                                                  (a) Low/Mod Buyout (LMB). When                       Due to security measures at the HUD                   Departments/Agencies and three
                                               CDBG–DR funds are used for a buyout                     Headquarters building, an advance                     Executive Offices of the President. The
                                               award to acquire housing owned by a                     appointment to review the docket file                 Co-chairs of NISC are the Secretaries of
                                               qualifying LMI household, where the                     must be scheduled by calling the                      the Interior, Agriculture, and
                                               award amount is greater than post-                      Regulations Division at 202–708–3055                  Commerce. The Invasive Species
                                               disaster (current) fair market value of                 (this is not a toll-free number). Hearing-            Advisory Committee (ISAC) advises
                                               that property;                                          or speech-impaired individuals may                    NISC. NISC is requesting nominations
                                                  (b) Low/Mod Housing Incentive                        access this number through TTY by                     for individuals to serve on the ISAC.
                                               (LMHI). When CDBG–DR funds are used                     calling the Federal Relay Service at 800–                NISC provides high-level
                                               for a housing incentive award, tied to                  877–8339 (this is a toll-free number).                interdepartmental coordination of
                                               the voluntary buyout or other voluntary                                                                       Federal invasive species actions and
                                                                                                         Dated: December 20, 2017.
                                               acquisition of housing owned by a                                                                             works with other Federal and non-
                                               qualifying LMI household, for which the                 Neal J. Rackleff,
                                                                                                       Assistant Secretary for Community Planning            Federal groups to address invasive
                                               housing incentive is for the purpose of                                                                       species issues at the national level.
                                               moving outside of the affected                          and Development.
                                                                                                       [FR Doc. 2017–27960 Filed 12–26–17; 8:45 am]          NISC duties, consistent with E.O. 13751,
                                               floodplain or to a lower-risk area; or                                                                        are to provide national leadership
                                               when the housing incentive is for the                   BILLING CODE 4210–67–P
                                                                                                                                                             regarding invasive species and: (a) Work
                                               purpose of providing or improving                                                                             to ensure that the Federal agency and
                                               residential structures that, upon                                                                             interagency activities concerning
                                               completion, will be occupied by an LMI                  DEPARTMENT OF THE INTERIOR
                                                                                                                                                             invasive species are coordinated,
                                               household.                                                                                                    complementary, cost-efficient, and
                                                  (2) Activities that meet the above                   Office of the Secretary
                                                                                                                                                             effective; (b) undertake a National
                                               criteria will be considered to benefit                  [18XD4523WS/DWSN0000.000000/                          Invasive Species Assessment that
                                               low- and moderate-income persons                        DS61500000/DP.61501]                                  evaluates the impact of invasive species
                                               unless there is substantial evidence to
                                                                                                       Invasive Species Advisory Committee;                  on major U.S. assets, including food
                                               the contrary.
                                                  Any activities that meet the newly                   Request for Nominations                               security, water resources, infrastructure,
                                               established national objective criteria                                                                       the environment, human, animal, and
                                                                                                       AGENCY:   Office of the Secretary, Interior.          plant health, natural resources, cultural
                                               described above will count towards the
                                               calculation of a CDBG–DR grantee’s                      ACTION:   Notice.                                     identity and resources, and military
                                               overall LMI benefit to comply with the                                                                        readiness, from ecological, social, and
                                                                                                       SUMMARY:   The U.S. Department of the                 economic perspectives; (c) advance
                                               primary objective described in 24 CFR                   Interior, on behalf of the
                                               570.200(a)(3) and 24 CFR 570.484(b).                                                                          national incident response, data
                                                                                                       interdepartmental National Invasive                   collection, and rapid reporting
                                               Grantees receiving an allocation of                     Species Council (NISC), proposes to
                                               CDBG–DR funds pursuant to the                                                                                 capacities that build on existing
                                                                                                       appoint new members to the Invasive                   frameworks and programs and
                                               following appropriations acts must                      Species Advisory Committee (ISAC).
                                               specifically request a waiver and                                                                             strengthen early detection of and rapid
                                                                                                       The Secretary of the Interior, acting as              response to invasive species, including
                                               alternative requirement from HUD in                     administrative lead, is requesting
                                               order apply the new national objective                                                                        those that are vectors, reservoirs, or
                                                                                                       nominations for qualified persons to                  causative agents of disease; (d) publish
                                               criteria established in this section of the             serve as members of the ISAC.
                                               notice: Public Law 109–148, 109–234,                                                                          an assessment by 2019 that identifies
                                                                                                       DATES: Nominations must be                            the most pressing scientific, technical,
                                               and 110–116 (Katrina, Rita, and Wilma);                 postmarked by February 26, 2018.
                                               Public Law 110–252 and 110–328 (2008                                                                          and programmatic coordination
                                                                                                       ADDRESSES: Nominations should be sent                 challenges to the Federal Government’s
                                               Disasters), Public Law 111–112 (2010
                                                                                                       to Jamie K. Reaser, Executive Director,               capacity to prevent the introduction of
                                               disasters), and Public Law 112–55 (2011
                                                                                                       National Invasive Species Council (OS/                invasive species, and that incorporate
                                               disasters).
                                                                                                       NISC), Regular/Express Mail: 1849 C                   recommendations and priority actions
                                               III. Catalog of Federal Domestic                        Street NW (Mailstop 3530), Washington,                to overcome these challenges into the
                                               Assistance                                              DC 20240.                                             National Invasive Species Council
                                                  The Catalog of Federal Domestic                      FOR FURTHER INFORMATION CONTACT:                      Management Plan, as appropriate; (e)
                                               Assistance numbers for the disaster                     Kelsey Brantley, Coordinator for NISC                 support and encourage the development
                                               recovery grants under this notice are as                and ISAC Operations, at (202) 208–                    of new technologies and practices, and
                                               follows: 14.218; 14.228; and 14.269.                    4122, fax: (202) 208–4118, or by email                promote the use of existing technologies
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                                                                                                       at Kelsey_Brantley@ios.doi.gov.                       and practices, to prevent, eradicate, and
                                               IV. Finding of No Significant Impact                                                                          control invasive species, including
                                                                                                       SUPPLEMENTARY INFORMATION:
                                                 A Finding of No Significant Impact                                                                          those that are vectors, reservoirs, and
                                               (FONSI) with respect to the                             Advisory Committee Scope and                          causative agents of disease; (f) convene
                                               environment has been made in                            Objectives                                            annually to discuss and coordinate
                                               accordance with HUD regulations at 24                     Executive Order (E.O.) 13112                        interagency priorities and report
                                               CFR part 50, which implement section                    authorized the National Invasive                      annually on activities and budget


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Document Created: 2017-12-27 02:23:04
Document Modified: 2017-12-27 02:23:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesApplicable: January 2, 2018.
ContactJessie Handforth Kome, Acting Director, Office of Block Grant Assistance, Department of Housing and Urban Development, 451 7th Street, SW, Room 10166, Washington, DC 20410, telephone number 202-708-3587. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Relay Service at 800-877-8339. Facsimile inquiries may be sent to Ms. Kome at 202-401-2044. (Except for the''800'' number, these telephone numbers are not toll-free.) Email inquiries may be sent to [email protected]
FR Citation82 FR 61320 

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