[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35135-35137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17273]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Chapter V
[Docket No. FR-4254-N-03]
HUD Disaster Recovery Initiative
AGENCY: Office of Community Planning and Development, HUD.
ACTION: Notice of disaster recovery funds availability and waivers;
clarification.
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SUMMARY: The 1997 Emergency Supplemental Appropriations Act for
Recovery from Natural Disasters required publication of a Notice
governing use of such funds in conjunction with any program
administered by the Federal Emergency Management Agency (FEMA) for
buyouts of structures in disaster areas. HUD published a Notice on
September 8, 1997 (62 FR 47344) that described the policies and
procedures applicable to the HUD Disaster Recovery Initiative. This
Notice clarifies the timing of the reports HUD expects to receive on
the use of HUD Disaster Recovery Initiative grant funds. This Notice
also clarifies the citizen participation certifications and notifies
grantees of a statutory restriction on waivers related to funds used as
the non-Federal cost-share for U.S. Army Corps of Engineers projects.
EFFECTIVE DATE: June 29, 1998.
FOR FURTHER INFORMATION CONTACT:
Jan C. Opper, Senior Program Officer, Office of Block Grant Assistance,
Department of Housing and Urban Development, Room 7286, 451 Seventh
Street, SW, Washington, DC 20410; telephone number (202) 708-3587.
Persons with hearing or speech impairments may access this number via
TTY by calling the Federal Information Relay Service at (800) 877-8339.
FAX inquiries may be sent to Mr. Opper at (202) 401-2044. (Except for
the
[[Page 35136]]
``800'' number, these telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION: On September 8, 1997 (62 FR 47344), HUD
published a Notice describing the policies and procedures applicable to
the HUD Disaster Recovery Initiative, in accordance with the
requirements of the 1997 Emergency Supplemental Appropriations Act for
Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts,
Including those in Bosnia (Pub. L. 105-18; approved June 12, 1997).
HUD's Disaster Recovery Initiative helps communities that are affected
by disasters and that receive Presidential declarations. When other
agencies cannot assist, HUD steps in with funding for recovery
activities--providing the glue that holds together the sometimes
disconnected pieces of disaster recovery.
HUD is issuing this Notice to clarify the provisions of the
September 8, 1997 Notice regarding the timing of the submission to HUD
of necessary reports. The items included in this Notice replace the
indicated portions in the September 8, 1997 Notice and add additional
information. All other paragraphs of the September 8, 1997 Notice are
unaffected. This Notice simplifies the requirement for an annual report
and clarifies requirements for the statutorily required quarterly
reports. HUD is retaining the annual financial reconciliation and
benefit elements of the annual report, but is shifting them from a
separate annual report into every fourth quarterly report. To the
extent possible, HUD will automate the quarterly reports and the annual
reconciliation and benefit calculation.
This Notice also clarifies the citizen participation requirements,
eliminating an unintended source of confusion in the September 8, 1997
Notice, which required a grantee to certify it was following the
citizen participation plan required at part 91, although it also stated
slightly different requirements. This portion of the Notice may have
resulted in a conflict or confusion for some grantees (especially those
that included procedures in their citizen participation plan in case of
a Federally declared disaster). This Notice changes the requirement
from certifying to the part 91 citizen participation plan, to
certifying to the plan required at section I.E.7.b. of the Notice.
This Notice also notifies grantees of a statutory restriction on
waivers related to funds used as the non-Federal cost-share for U.S.
Army Corps of Engineers projects.
Accordingly, FR Doc. 97-23752, the HUD Disaster Recovery Initiative
Notice of disaster recovery funds availability and waivers, published
in the Federal Register on September 8, 1997 (62 FR 47344), is amended
as follows:
1. On page 47345, in column 3, in section I.E. entitled
``Submission Requirements'', paragraph 3.e. is revised to read as
follows:
I. Empowering Communities for Recovery
* * * * *
E. Submission Requirements
* * * * *
3. The city or county grantee must describe monitoring standards
and procedures pursuant to Sec. 91.230 and include certifications
pursuant to:
* * * * *
e. Section I.E.7.b. of this Notice (Citizen participation);
* * * * *
2. On page 47346, in column 1, in section I.E. entitled
``Submission Requirements'', paragraph 6.f. is revised to read as
follows:
I. Empowering Communities for Recovery
* * * * *
E. Submission Requirements
* * * * *
6. The State grantee must describe monitoring standards and
procedures pursuant to Sec. 91.330 and include certifications pursuant
to:
* * * * *
f. Section I.E.7.b. of this Notice (Citizen participation);
* * * * *
3. On page 47348, in column 3, in section I.H. entitled
``Ineligible Activities'', a new paragraph 3. is added at the end
(after section I.H.2.c.), to read as follows:
I. Empowering Communities for Recovery
* * * * *
H. Ineligible Activities
* * * * *
3. The Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1998 (Pub. L.
105-65, approved October 27, 1997; 111 Stat. 1344, 1358) prohibits HUD
from granting a waiver for the use of more than $100,000 in HUD
Disaster Recovery funds for the non-Federal cost-share of a U.S. Army
Corps of Engineers project, except for a levee project at Devils Lake,
North Dakota. Thus, for funds in excess of $100,000, the proviso
prohibits HUD from granting a waiver for relief from various program
requirements, if the funds used for that activity will also be used to
meet the non-federal cost-share for a Corps project. In contrast, the
use of HUD Disaster Recovery funds for payment of the non-Federal cost-
share required by a Federal grant-in-aid program has long been
authorized by section 105(a)(9) of the Housing and Community
Development Act of 1974, and therefore no waiver is required just to
make matching eligible. This prohibition applies only to HUD Disaster
Recovery funding in the foregoing appropriation law and such funding in
prior appropriation laws.
* * * * *
4. On page 47351, in columns 2 and 3, section II.A. entitled
``Program Administrative, Recordkeeping and Reporting Requirements'' is
revised to read as follows:
II. Ensuring the Public Trust
A. Program Administrative Recordkeeping and Reporting Requirements
The program administrative requirements at Secs. 570.489-570.492
for States and at Secs. 570.500-570.513 for cities and counties, which
are not otherwise waived, shall apply, except that, with respect to
reporting:
1. States must submit a Performance Evaluation Report (PER)
pursuant to 24 CFR 91.520, separately for the HUD Disaster Recovery
Initiative, similar in all other respects to that which is required for
the CDBG program regulated at 24 CFR part 570. HUD will compile this
PER for the HUD Disaster Recovery Initiative from the quarterly reports
submitted under paragraph 3 below, except that, with the final
quarterly report submitted prior to grant closeout, States must also
include with the PER a special narrative that discusses how the States
assured that activities met the requirements of this Notice with
respect to the buyout of structures in a disaster area.
2. Cities and counties must submit a Performance Report for the HUD
Disaster Recovery Initiative in accordance with 24 CFR 91.520. This
Performance Report will be compiled by HUD from the quarterly reports
submitted under paragraph 3 below. The final quarterly report submitted
prior to grant closeout also must include a special narrative that
discusses how the city or county assured that activities met the
requirements of this Notice with respect to the buyout of structures in
a disaster area.
3. Congress has required that quarterly reports be submitted on all
disbursements and use of funds for or associated with buyouts. HUD must
also receive reporting information for program management purposes.
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Therefore, each grantee must submit a quarterly report, as HUD
prescribes, no later than 30 days following each calendar quarter,
beginning after the first full calendar quarter after grant award and
continuing until all funds have been expended and that expenditure
reported. Each quarterly report will include information on the project
name, activity, location, national objective, funds budgeted and
expended, non-HUD Disaster Recovery Initiative Federal source and
funds, numbers of properties and housing units, and numbers of low- and
moderate-income households. Annually (i.e., with every fourth
submission), the report shall include a financial reconciliation of
funds budgeted and expended, and calculation of the overall percent of
benefit to low- and moderate-income persons (unless waived). HUD is
seeking approval from OMB for any new information collection
requirements in accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
* * * * *
Dated: June 19, 1998.
Saul Ramirez,
Assistant Secretary for Community Planning and Development.
[FR Doc. 98-17273 Filed 6-26-98; 8:45 am]
BILLING CODE 4210-29-M
