(3) In all cases, any program income received that is not used to continue the disaster recovery activity will not be subject to the waivers and alternative requirements of the Consolidated Notice. The state shall establish remedies for noncompliance by any subrecipients, designated public agencies, or local governments. The grantee must provide a budget for the full amount of the allocation that is reasonably proportionate to its unmet needs (or provide an acceptable justification for disproportional allocation) and is consistent with the requirements to integrate hazard mitigation measures into all its programs and projects. To ensure effective grantee implementation of the financial controls, procurement processes, and other procedures that are the subject of the certification by the Secretary, HUD has and may continue to establish specific criteria and conditions for each grant award as provided for at 2 CFR 200.206 and 200.208, respectively, to mitigate the risk of the grant. HUD waives the provisions at 24 CFR 570.494 and 24 CFR 570.902 regarding timely distribution and expenditure of funds, and establishes an alternative requirement providing that each grantee must expend 100 percent of its allocation within six years of the date HUD signs the grant agreement. HUD regulations at 24 CFR 5.151 provide that affirmatively furthering fair housing means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. About the Federal Register Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially or ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. Using CDBG Resources in Response to COVID-19 | DHCD - Virginia The good cause for each waiver and alternative requirement is summarized in this notice. [FR Doc. See 24 CFR 8.6 for HUD's regulations about effective communication. If the grantee is aware that the applicant received an offer of loan assistance and cannot ascertain from available data that the applicant declined the loan, the grantee must obtain a written certification from the applicant that the applicant did not accept the subsidized loan by signing loan documents and did not receive the loan. Grantees may be subject to additional DOB requirements described in a separate notice. General requirements. A buyout program that merely pays homeowners to leave their existing homes does not guarantee that those homeowners will occupy a new residential structure. If the 500-year floodplain or elevation is unavailable, and the Critical Action is in the 100-year floodplain, then the structure must be elevated or floodproofed at least three feet above the 100-year floodplain elevation. When applicable, the public benefit provisions set standards for individual economic development activities (such as a single loan to a business) and for the aggregate of all economic development activities. using building materials that are able to withstand high winds), and (3) an assessment of the benefit of the grantee's measures through verifiable data ( Cross Cutting Requirements of the Consolidated Notice and submit them to HUD when it submits its Public Action Plan in DRGR described in III.C.1. f. The grantee certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Also commonly referred to as grantee. If the grantee chooses to exercise this authority, the grantee must have appropriate financial controls to comply with the requirement that the amount of grant administration expenditures for each CDBG-DR or CDBG-MIT grant will not exceed five percent of the total grant award for each grant (plus five percent of program income generated by the grant), review and modify its financial management policies and procedures regarding the tracking and accounting of administration costs, as necessary, and address the adoption of this treatment of administrative costs in the applicable portions of its Financial Management and Grant Compliance submissions as referenced in section III.A.1. In a similar fashion, the plan must provide a clear connection between a grantee's mitigation needs assessment and its proposed activities in the MID areas funded by the CDBG-DR mitigation set-aside (or outside in connection to the MID areas as described in section II.A.3. applies. Section 570.200(h)(1)(i) is waived to the extent that it requires pre-agreement activities to be included in the local government's consolidated plan. Each grantee must make all certifications included in section III.F.7. in the Consolidated Notice. Grantees must coordinate with local public housing authorities (PHA) in the MID areas to ensure that the grantee's representation in the action plan reflects the input of those entities as well as coordinating with State Housing Finance agencies to make sure that all funding sources that are available and opportunities for leverage are noted in the action plan. Historically distressed and underserved communities; Equitably benefit protected class groups in the MID areas, including racial and ethnic minorities, and sub geographies in the MID areas in which residents belonging to such groups are concentrated; To the extent consistent with purposes and uses of CDBG-DR funds, overcome prior disinvestment in infrastructure and public services for protected class groups, and areas in which residents belonging to such groups are concentrated, when addressing unmet needs; Enhance for individuals with disabilities in the MID areas (a) the accessibility of disaster preparedness, resilience, or recovery services, including the accessibility of evacuation services and shelters; (b) the provision of critical disaster-related information in accessible formats; and/or (c) the availability of integrated, accessible housing and supportive services. Grantees may request additional waivers and alternative requirements from the Department as needed to address specific needs related to their recovery and mitigation activities. (vii) Proceeds from the sale of obligations secured by loans made with CDBG-DR funds. Relying on prior submissionsImplementation plan. To satisfy this requirement, the grantee must identify and implement resilience performance metrics as described in section II.A.2. II.B.11. There are many crosscutting federal requirements that apply to CDBG-DR and to the specific programs and projects you may choose to carry out. Community Development Block Grant (CDBG) - Investopedia The grantee must work directly with impacted PHAs in identifying necessary and reasonable costs and ensuring that adequate funding from all available sources is dedicated to addressing the unmet needs of damaged public housing ( Each grantee must also describe its controls for assuring that construction costs are reasonable and consistent with market costs at the time and place of construction. Community Development Block Grants (CDBG) - Home Page j. The USVI shall coordinate its tourism promotion and marketing activities with its designated Opportunity Zones. II.B.4. A. Any optional relocation assistance must provide equal relocation assistance within each class of displaced persons, including but not limited to providing reasonable accommodation exceptions to persons with disabilities. II.B.2.b. Section 104(d) one-for-one replacement of lower-income dwelling units. The streamlined requirements require the grantee to include public hearings on the proposed action plan and provide a reasonable opportunity (at least 30 days) for citizen comment. processes and evaluate the cost or price of the product or service, but impose 2 CFR 200.318 through 200.327 on its subrecipients. If necessary to comply with a statutory requirement that a grantee shall submit a plan detailing the proposed use of all funds prior to HUD's obligation of grant funds, HUD may obligate only a portion of grant funds until the substantial amendment providing the required information is submitted and approved by HUD. et seq. In section IV.D.16. Accordingly, each activity must: (1) Address a direct or indirect impact from the disaster in a most impacted and distressed area; (2) be a CDBG-eligible activity (or be eligible under a waiver or alternative requirement); and (3) meet a national objective. For purposes of this requirement, an infrastructure activity includes any activity or group of activities (including acquisition or site or other improvements), whether carried out on public or private land, that assists the development of the physical assets that are designed to provide or support Grantees using CDBG-DR funds as the non-Federal match in a FEMA-funded project may apply the alternative requirement for the elevation of structures described in section III.F.6. III.C.1.g. Disaster recovery grantees are required to use the most recent data available in implementing the exception criteria ( (5) Comprehensive disaster recovery website. legal research should verify their results against an official edition of Neither the United States Government, nor any of its employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or . PDF Chapter 5: Procurement This waiver exempts all disaster-damaged owner-occupied lower-income dwelling units that meet the grantee's definition of not suitable for rehabilitation, from the one-for-one replacement housing requirements of 24 CFR 42.375. HUD does not provide CDBG assistance directly to individuals, businesses, nonprofit organizations, or other non-governmental entities. That amounts made available under this heading in this Act shall be awarded directly to the state, unit of general local government, or Indian tribe (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. Uniform Requirements at 2 CFR part 200) CDBG-DR Appropriations Acts and HUD Federal Register Notices Disaster assistance covered under DOB includes private sources (charitable donations, insurance proceeds, volunteer work, and grants) and funds from public agencies (FEMA, SBA, etc..) 21. The OFR/GPO partnership is committed to presenting accurate and reliable Provided, (3) the area must be clearly delineated so that HUD and the public may easily determine which properties are located within the designated area. Start Printed Page 6374. Sewer, water, streets/sidewalks and other infrastructure. Mitigation needs evolve over time and grantees are to amend the mitigation needs assessment and action plan as conditions change, additional mitigation needs are identified, and additional resources become available. Grantee Reporting Requirements in the DRGR System, https://www.federalregister.gov/d/2022-02209, MODS: Government Publishing Office metadata, https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-09cpdn.pdf, https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf, https://www.hudexchange.info/programs/acs-low-mod-summary-data/acs-low-mod-summary-data-exception-grantees/, *Puerto Rico was allocated $36,424,000 from. 5121 Each grantee must also indicate in its action plan that it will make exceptions to the maximum award amounts when necessary, to comply with federal accessibility standards or to reasonably accommodate a person with disabilities. III.D.1.b. e.g., USVI submitted a request to continue the tourism and marketing activities described in these previously granted waiver and alternative requirements until December 15, 2022. Grantees must cite data sources in the impact and unmet needs assessment. disaster_recovery@hud.gov. III.B.1. This limited waiver of the section 104(d) relocation assistance requirements assures uniform and equitable treatment for individuals eligible to receive benefits under Section 104(d) by establishing that all forms of relocation assistance to those individuals must be in the amounts and for the types of assistance provided to displaced persons under URA requirements. In addition to the purchase price, grantees may opt to provide optional relocation assistance, as allowable under Section 104 and 105 of the HCDA (42 U.S.C. the list of programs or activities required by III.C.1.g. Consistent with applicable statutes, regulations, waivers and alternative requirements, and other Federal requirements, the content of records maintained by the state shall be sufficient to: (a) Enable HUD to make the applicable determinations described at 24 CFR 570.493; (b) make compliance determinations for activities carried out directly by the state; and (c) show how activities funded are consistent with the descriptions of activities proposed for funding in the action plan and/or DRGR system. Grantees must apply these guidelines to the extent applicable for the rehabilitation work undertaken, for example, the use of mold resistant products when replacing surfaces such as drywall. Tiering, as described at 40 CFR 1508.1(ff) and 24 CFR 58.15, is a means of making the environmental review process more efficient by allowing parties to eliminate repetitive discussions of the same issues, focus on the actual issues ripe for decision, and exclude from consideration issues already decided or not yet ripe at each level of environmental review (40 CFR 1501.11(a)). d. The grantee certifies that activities to be undertaken with CDBG-DR funds are consistent with its action plan. Grantees may convene public hearings virtually (alone, or in concert with an in-person hearing). This description must focus on relocation assistance under the URA and its implementing regulations at 49 CFR part 24, Section 104(d) and implementing regulations at 24 CFR part 42 (to the extent applicable), 24 CFR 570.488 and/or 24 CFR 570.606, and relocation assistance pursuant to this section of the Consolidated Notice, as well as any other assistance being made available to displaced persons. Therefore, the action plan submitted in response to this notice must describe uses and activities that: (1) Are authorized under title I of the HCDA or allowed by a waiver or alternative requirement; and (2) respond to disaster-related impacts to infrastructure, housing, economic revitalization, and mitigation in the MID areas. Sufficient documentation for non-physical disaster-related impacts must clearly show how the activity addresses the disaster impact, Each document posted on the site includes a link to the If a grantee wants to make updates to the action plan, HUD will reject the Public Action Plan in DRGR to return the plan to the grantee. The Community Development Block Grant (CDBG) program provides federal funding for projects to improve the quality of life for people with low or moderate incomes, revitalize urban centers, and. Grantees must also provide meaningful access for individuals with LEP at both in-person and virtual hearings. e.g., This table of contents is a navigational tool, processed from the a waiver that applies to states only does not apply to units of general local governments and Indian tribes). Final Filing Date: 6/12/2023. PDF Procurement and Contract Management Clackamas, Douglas, Jackson, Lane, Lincoln, and Marion Counties; 97358 (Linn County). The cap on the activity costs remains unchanged. Grantees must incorporate mitigation measures when carrying out activities to construct, reconstruct, or rehabilitate residential or non-residential structures with CDBG-DR funds as part of activities eligible under 42 U.S.C. Grantees may do this by linking activities to a disaster recovery need that is described in the impact and unmet needs assessment in the action plan (requirements for the assessment are addressed in section III.C.1.a.). Grantees must indicate to HUD whether they will be amending an existing RARAP or creating a new RARAP specific to CDBG-DR. Grantees must meet the requirements related to the RARAP prior to implementing any activity with CDBG-DR grant funds, such as buyouts and other disaster recovery activities. 5304(e) to the extent necessary to establish the following alternative requirement: HUD may undertake corrective and remedial actions for states in accordance with the authorities for CDBG Entitlement grantees in subpart O (including corrective and remedial actions in 24 CFR 570.910, 570.911, and 570.913) or under subpart I of the CDBG regulations at 24 CFR part 570. (7) How the grantee will invest in restoration of infrastructure and related long-term recovery needs within historically underserved communities that lacked adequate investments in housing, transportation, water, and wastewater infrastructure prior to the disaster. There are several issues related to the action plan as submitted that can be fully resolved via further discussion and revision during an extended review period, rather than through HUD disapproval of the plan, which in turn would require grantees to take additional time to revise and resubmit their respective plan. hotline@hudoig.gov i.e., After 36 months, the grantee will be required to follow the criteria established in section 104(b)(3) of the HCDA and its implementing regulations in 24 CFR part 570 when using the urgent need national objective for any new programs and/or activities added to an action plan. A safe housing incentive is any incentive provided to encourage households to relocate to suitable housing in a lower risk area or in an area promoted by the community's comprehensive recovery plan. The Disaster Relief Supplemental Appropriations Act, 2022 (Pub. Learn more here. 5305(a)(12) is waived to the extent necessary so the types of planning activities Additionally, with regard to the 15 percent of funds provided for mitigation activities, grantees must also prepare a mitigation needs assessment to inform their mitigation activities, as described in section IV.A.2.a. Grantees must meet the Green and Resilient Building Standard, as defined in this subparagraph, for: (i) All new construction and reconstruction ( Waiver and Alternative Requirements Related to Tourism Marketing (U.S. Virgin Islands Only), II.B. RARAP Section 104(d). Tenants displaced by these voluntary acquisitions may be eligible for relocation assistance. A grantee has adequate policies and procedures to prevent the duplication of benefits (DOB) if the grantee submits and identifies a uniform process that reflects the requirements in section IV.A of the Consolidated Notice, including: (a) Determining all disaster assistance received by the grantee or applicant and all reasonably identifiable financial assistance available to the grantee or applicant, as applicable, before committing funds or awarding assistance; (b) determining a grantee's or an applicant's unmet need(s) for CDBG-DR assistance before committing funds or awarding assistance; and, (c) requiring beneficiaries to enter into a signed agreement to repay any duplicative assistance if they later receive additional assistance for the same purpose for which the CDBG-DR award was provided.