HUD, however, recognizes that such support can be an important means of economic recovery in a damaged regional economy that depends on tourism and seeks to attract new business investments to generate jobs and create tax revenues. should verify the contents of the documents against a final, official The Department has awarded $5,734,190,000 in CDBG-DR funds to the State of Texas for recovery from Hurricane Harvey from Public Laws 115-56, 115-123, and 115-31. In some cases, HUD permits an exception to the requirement that at least 51 percent of the residents of the area qualify as LMI, when certain requirements are met.Start Printed Page 60824. In addition to disaster recovery and mitigation, DCA offers a wide range of programs and services, including local government management and finance, affordable housing production, fire safety, building safety, community planning and development,historic preservation, and information privacy. 5302 - Definitions Sec. Find point of contact information for HUD's grantees. Governor Sheila Oliver, who serves as DCA Commissioner. Public Laws 115-31, 115-56, 115-123, 115-254, and 116-20 authorize the Secretary to waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with HUD's obligation or use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment). I. The notice, however, did not include or reference the financial certifications provided for a grantee's CDBG-MIT funds as also being a valid form of certification for the allocation. This section of the notice specifies waivers and Start Printed Page 60822alternative requirements and modifies requirements for CDBG-NDR funds awarded to the City of New Orleans under Public Law 113-2, for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization. 5302(a)(20)(A) to the extent necessary to allow the Secretary to enable the State of Texas to make LMI determinations based on statewide median income instead of otherwise applicable AMI when local AMI is below statewide median income data (as published by HUD annually with adjustments for smaller and larger families). Facsimile inquiries may be sent to Ms. Kome at 202-708-0033. The Department awarded the U.S. Virgin Islands (USVI) $242,684,000 of CDBG-DR funds under Public Law 115-56, $779,221,000 of CDBG-DR funds under Public Law 115-123, and $53,588,884 of CDBG-DR funds under Public Law 116-20. 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). People can read the Action Plan in English and Spanish on the DCA website athttps://www.nj.gov/dca/ddrm/home/Idaactionplan.shtml. HUD and FEMA will issue joint guidance to assist grantees in the compliant implementation of this provision and with other requirements that apply when CDBG-DR or CDBG-MIT funds are used to meet the non-federal match requirements of certain FEMA programs. Section V.A.2.g. This section of the notice specifies waivers and alternative requirements and modifies requirements for CDBG-DR and CDBG-MIT funds awarded to the State of Texas under Public Laws 115-31, 115-56, 115-123, 115-254, and 116-20 for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation. CDBG funds may be used to provide direct homeownership assistance to LMI households in two ways. Register, and does not replace the official print version or the official Due to the influence of the tourism industry in the CNMI and the scale of Super Typhoon Yutu, the impacts of the disaster on the economy were wide-ranging and pronounced. Within 60 days of the applicability date of this notice (or when the grantee submits its action plan, whichever is earlier), submit documentation for the certification of financial controls and procurement processes and adequate procedures for grant management, as amended in section IV.B.1 of this notice. A grantee that received a certification of its financial controls and procurement processes pursuant to a 2016 or 2017 disaster or for its CDBG-MIT allocation, may request that HUD rely on its previous certification for purposes of this allocation, provided, however, that grantees shall be required to provide updates to reflect any material changes in the submissions. CDBG-DR grantees are required to use the most recent data available in implementing the exception criteria. In November 2022 . Public Law 115-56 and 115-123Waivers and Alternative Requirements, V. Public Law 115-123Waivers and Alternative Requirements, VI. This new eligible activity shall be comprised of activities described in its CDBG-NDR application and approved action plan for residential improvements under the community adaptation portion of the initiative, through installation of improvements and implementation of stormwater management practices on residential properties for the purpose of enhancing the resilience of the residential building and preventing neighborhood flooding. HUD determines the amount of each entitlement grantees annual funding allocation by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. period, the grantee must undertake visual inspection if it wishes to continue the CDBG-CV assistance. As CNMI is proposing advertising and marketing activities rather than direct assistance to tourism-dependent and other businesses, and because the measures of long-term benefit from the proposed activities must be derived using indirect means, 42 U.S.C. The Department's January 27, 2020 Federal Register notice (84 FR 4681) included requirements for the certification of financial controls and procurement processes and adequate procedures for grant management for Public Law 115-254 and 116-20 grantees, allowing them to use their prior 2016 or 2017 certifications for the purposes of the allocations provided by that notice. Those counties are Bergen, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, Union, and Warren. This information must be submitted within 60 days of the applicability date of this notice. Eligible applicants include municipalities, counties, special districts, and federally recognized tribal governments within the counties that HUD and the State identified as most impacted and distressed by Hurricane Ida. 09/25/2020 at 8:45 am. Register documents. . Some homeowners seeking assistance from the State's program elevated homes to meet the requirements of their municipalities but did not elevate their homes to meet HUD's requirement that residential structures be elevated to at least 2 feet above base flood elevation as required by the Federal Register notice governing the use of these funds. If a grantee opts to revise its policies and procedures for one or more existing programs that were included in an action plan for disaster recovery before the effective date of this notice, the grantee must amend its action plan to reflect any resulting changes in benefits to program participants or to correct any resulting inconsistencies with duplication of benefits policies described in the action plan.. This PDF is At least 70 percent of the CDBG-DR funds will benefit low- to moderate-income persons or households. This section of the notice specifies waivers and alternative requirements and modifies requirements for CDBG-DR funds awarded to the State of Texas under Public Laws 115-56 and 115-123. This six-module video presents actionable information for using CDBG for eligible housing activities and leveraging local and private funds to meet the housing needs of your community. to the courts under 44 U.S.C. If you are interested in participating in this program, you need to contact your local municipal or county officials to find out how the program operates in your area. This document has been published in the Federal Register. The HCD Act departed from this model by creating the CDBG Program. The Department awarded the U.S. Virgin Islands (USVI) $242,684,000 of CDBG-DR funds under Public Law 115-56, $779,221,000 of CDBG-DR funds under Public Law 115-123, and $53,588,884 of CDBG-DR funds under Public Law 116-20. This waiver and alternative requirement will allow the State to use the upper quartile or exception criteria for LMI area benefit activities for non-entitlement counties impacted by the 2015 and 2016 floods, as well as areas impacted by Hurricane Harvey. A1. Until the ACFR grants it official status, the XML Regulatory waiver authority is also provided by 24 CFR 5.110, 91.600, and 570.5. In addition to helping local communities recover from Hurricane Ida, we want to lessen the impacts of future disasters by strengthening infrastructure and putting resiliency measures in place, said Lt. For complete information about, and access to, our official publications better and aid in comparing the online edition to the print edition. All CDBG-CV1 grantees (CDBG entitlement and nonentitlement) are eligible to apply for a CDBG-CV2 grant. This is one of the eligible uses of ARPA funds. 2023 US Department of Housing and Urban Development, CDBG: Community Development Block Grant Programs, Part 570 - Community Development Block Grants. If you are using public inspection listings for legal research, you The State has presented data indicating a large range in area median income (AMI) in the Harvey-impacted areas of the State, ranging from $40,200 to $91,100 for a family of four. When CDBG-DR funds are used as match for a FEMA project that is underway, the alignment of HUD's elevation standards with any alternative standard allowed by FEMA may not be feasible and may not be cost reasonable. Learn more here. The Community Development Block Grant (CDBG) program provides federal funding for projects to improve the quality of life. Federal Register provide legal notice to the public and judicial notice Typical Eligibility for Housing Projects 51% of Housing Units Occupied at 80% AMI or less, (49% can be market rate) Individual household income is documented for eligibility Area Typical Eligibility for Infrastructure Projects 51% of the persons within the service area must have an income at or below 80% AMI Service area typically defined HUD finds that good cause exists to waive the language in the Federal Register notice requiring the 2 feet above base flood elevation for homeowners seeking reimbursement in the State's Homeowner Reimbursement Program and to establish an alternative requirement to permit the State to reimburse those homeowners for costs of rehabilitation completed before the program's application launch date of February 28, 2019, subject to the following requirements: The State must ensure that all costs charged to this program and to the CDBG-DR grant are necessary and reasonable expenses related to disaster recovery. that agencies use to create their documents. Viewers will learn about key considerations in housing program design and the kinds of housing activities that can be funded with CDBG, such as housing . Request in-depth assistance with implementing a HUD-funded program. Public Law 115-123 authorizes the Secretary to waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with HUD's obligation or use by the recipient of Start Printed Page 60826these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment). The Department awarded $141,260,569 in Community Development Block Grant National Disaster Resilience (CDBG-NDR) funds made available under Public Law 113-2 to the City of New Orleans to implement activities described in the city's application, which the city collectively refers to as the Reshaping the Urban Delta initiative. Small, rural cities/towns and counties that are not entitled to receive CDBG funds directly from the U.S. Department of Housing and Urban Development (HUD) can apply for a state CDBG grant. Additional programs are being developed and will open in the coming months. HUD's corresponding DOB implementation notice, Applicability of Updates to Duplication of Benefits Requirements Under the Stafford Act for Community Development Block Grant (CDBG) Disaster Recovery Grantees, (84 FR 28848) (DOB Implementation Notice) makes conforming amendments to other notices governing CDBG-DR grants received in response to a disaster declared between January 1, 2015 and December 31, 2017. For the waivers and alternative requirements described in this section of notice, the Secretary has determined Start Printed Page 60827that good cause exists and that the waivers and alternative requirements are not inconsistent with the overall purposes of title I of the HCDA. At a minimum, the following modifications will constitute a substantial amendment: The addition of a CDBG-MIT Covered Project; a change in program benefit or eligibility criteria; the addition or deletion of an activity; or the allocation or reallocation of a monetary threshold specified by the grantee in its action plan. Each document posted on the site includes a link to the Applications will be scored based on whether the project includes such Resilient Communities Program priorities as: Local governmental entities can learn more about the program online. Document page views are updated periodically throughout the day and are cumulative counts for this document. Therefore, this notice deletes and replaces the first bullet of the third paragraph of section III of the DOB Implementation Notice, which follows the sentence: This notice makes the following changes to the Prior Notices. The first bullet in the third paragraph of section III is revised to read: The State of Texas was awarded a total of $74,568,000 from Public Laws 114-113 and 115-31 for recovery from 2015 disasters; a total of $238,895,000 from Public Laws 114-223, 114-254, and 115-31 for recovery from 2016 disasters; a total of $5,734,190,000 from Public Laws 115-56, 115-123, and 115-31 for recovery from Hurricane Harvey disaster; a total of $72,913,000 from Public Laws 115-254 and 116-20 for recovery from 2018 disasters; and a total of $212,741,000 from Public Law 116-20 for recovery from 2019 disasters. Note that the local government administers the program and determines which local projects receive funding. The exception provided by HUD under this waiver and alternative requirement is typically applied to those entitlement communities that have few, if any, areas within their jurisdiction that have 51 percent or more of LMI residents. In providing this waiver, HUD advises the Commonwealth to ensure that contracts funded pursuant to this waiver with CDBG-DR funds comply with applicable procurement requirements. HUD's February 9, 2018 notice provides that: All structures, defined at 44 CFR 59.1, designed principally for residential use and located in the 100-year (or 1 percent annual chance) floodplain that receive assistance for new construction, repair of substantial damage, or substantial improvement, as defined at 24 CFR 55.2(b)(10), must be elevated with the lowest floor, including the basement, at least two feet above the base flood elevation (83 FR 5861).. These markup elements allow the user to see how the document follows the Click HERE for more information about the TxCDBG program. Eligible Communities: Cities under 50,000 in population and counties under 200,000 are eligible to apply for a CDBG grant administered by the State of Missouri. If your local government officials cannot answer your questions, or if you are a local official, contact theHUD field officethat serves your area. 5155, the Department is adding the CDBG-MIT certification as an acceptable certification that may be used for grants allocated by Public Laws 115-254 and 116-20 for 2018 and 2019 disasters. Our mission is to improve the quality of life for Pennsylvania citizens while assuring transparency and accountability in the expenditure of public funds. Public Laws 115-56, 115-123, and 116-20 authorize the Secretary to waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with HUD's obligation or use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment). Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. This notice governs Community Development Block Grant disaster recovery (CDBG-DR) funds awarded under several appropriations. By creating a more cohesive planning and grants management framework and providing better data and a tool for analysis, the eCon Planning Suite supports grantees and the public to assess their needs and make strategic investment decisions. establishing the XML-based Federal Register as an ACFR-sanctioned 5301 et seq. In granting this flexibility to the State of Texas, the Department will not consider any request to lower the State's requirement in regard to the overall percentage of funds that must be used for activities that benefit low- and moderate-income persons for its CDBG-DR funds for 2017, 2018, or 2019 disasters or its CDBG-MIT funds. Governor Sheila Oliver, New Jersey Department of Community Affairs (DCA), https://www.nj.gov/dca/ddrm/programs/ida/index.shtml, https://www.nj.gov/dca/ddrm/home/Idaactionplan.shtml. HUD has previously granted similar waivers for other CDBG-DR grantees with tourism-dependent economies. Tourism is the primary economic contributor to CNMI's economy. developer tools pages. People can also call (609) 913-4463 or email DRM.HCS@dca.nj.gov for more information about accessing the services. For more information on DCAs Ida recovery programs, people can visit https://www.nj.gov/dca/ddrm/programs/ida/index.shtml. The Department's August 30, 2019 Federal Register notice (84 FR 45838) included requirements for CDBG-MIT grantees that must be followed for substantial amendments to a CDBG-MIT action plan. While every effort has been made to ensure that All of the Ida recovery programs that DCA administers are included in New Jerseys HUD-approved Hurricane Ida Action Plan for the $228 million in CDBG-DR funding awarded for Ida recovery. 5305(a) is waived only to the extent necessary to make eligible use of no more than $10,000,000 for assistance for tourism and business marketing activities to promote travel and to attract new businesses to disaster-impacted areas. T: 202-708-1112 5302(a)(20)(A) to the extent necessary to standardize the AMI across the entire territory of the USVI by allowing the USVI to use the area median income (as published by HUD annually with adjustments for smaller and larger families) of the Island of St. John for all islands in the territory, since those LMI income limits are the highest of the three islands within the Territory. subparagraph (1) of the August 30, 2019 notice with the following: (1) Substantial amendment. This statewide variation can have unintended consequences for participation in CDBG-DR funded activities, for example, the State affirms that while the cost of living varies between communities throughout the state, the cost to rebuild or reconstruct a new home does not vary on the order of magnitude evidenced by the disparity in AMI across Texas counties. As the State seeks to primarily serve LMI individuals and areas in the disaster-impacted counties, the variation between county-level AMI limits the participation of families and individuals in the State's recovery programs in those counties with very low AMI, because these families and individuals have incomes that are at or above the 80 percent of AMI in the respective county even though their incomes are less than 80 percent of the statewide median income. The State is seeking a waiver and alternative requirement to apply exception criteria in determining that an activity qualifies as meeting the low- and moderate-income (LMI) area benefit national objective when the area contains fewer than 51 percent of LMI persons. CDBG merged seven categorical programs into a block of flexible community development funds distributed each year by a formula that considers population and measures of distress including poverty, age of housing, housing overcrowding, and growth lag. The waiver and alternative requirement provided in this section is in response to a request by the City of New Orleans explaining why there is good cause for the waiver and is based upon a determination by the Secretary that good cause exists and that the waiver or alternative requirement is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 (HCDA). the material on FederalRegister.gov is accurately displayed, consistent with The 2019 DOB Notice shall supersede the 2011 DOB notice for any new activities submitted to HUD in an action plan or action plan amendment on or after the effective date of this notice, and for existing programs and activities, to the extent that the grantee amends its action plan or its policies and procedures to change the treatment of loans in accordance with the 2019 DOB Notice. Based on the above circumstance, the State of Texas has requested a waiver and alternative requirement to allow the State to make LMI determinations across the most impacted and distressed (MID) areas for 2017, 2018, and 2019 disasters based on a determination that the incomes of families and individuals are below 80 percent of statewide median income. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. The USVI contends that the data used to set HUD area medium incomes (AMI) and the associated income limits for the U.S. Virgin Islands is uniquely outdated compared to other grantees due to the lack of recent American Community Survey (ACS) data from the Census Bureau. The purchase of equipment with CDBG funds is generally ineligible. Regulatory waiver authority is also provided by 24 CFR 5.110, 91.600, and 570.5. Entitlement communities develop their own programs and funding priorities. Eligible applicants are non-entitlement cities under 50,000 in population and non-entitlement counties that have a non-metropolitan population under 200,000 and are not eligible for direct CDBG funding from HUD may apply for funding through any of the Texas CDBG programs. Because the State's Hurricane Harvey response and recovery efforts commenced on the date of the disaster and before CDBG-DR assistance was available, some homeowners participating in the State's Homeowner Reimbursement Program may have repaired their homes to meet program requirements of the Federal Emergency Management Agency (FEMA) and local permitting requirements, rather than the CDBG-DR program requirements.
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