Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 561 

1This notice is only applicable to grantees 

receiving a CDBG–MIT grant under Public Law 

116–20 in response to a 2018 disaster. 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6239–N–01] 

Allocations, Common Application, 

Waivers, and Alternative Requirements 

for Community Development Block 

Grant Disaster Recovery Grantees 

(CDBG Mitigation) 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This notice allocates over 

$186 million in Community 

Development Block Grant Mitigation 

(CDBG–MIT) funds to grantees 

recovering from qualifying 2018 

disasters. Funds allocated by this notice 

were made available by the Additional 

Supplemental Appropriations for 

Disaster Relief Act, 2019. This notice 

describes grant requirements and 

procedures, including waivers and 

alternative requirements, applicable to 

CDBG–MIT funds only. Funds allocated 

pursuant to this notice shall be subject 

only to the provisions of this notice and 

the applicable prior notices, unless 

otherwise provided herein. This notice 

also clarifies the applicability of certain 

previous waivers and alternative 

requirements provided for CDBG–MIT 

grantees. 

DATES: Applicability Date: January 11, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Jessie Handforth Kome, Director, Office 

of Block Grant Assistance, Department 

of Housing and Urban Development, 

451 7th Street SW, Room 7282, 

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. Facsimile inquiries may 

be sent to Ms. Kome at 202–708–0033. 

(Except for the ‘‘800’’ number, these 

telephone numbers are not toll-free). 

Email inquiries may be sent to disaster_

recovery@hud.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Allocations 

II. Use of CDBG–MIT Funds 

A. Action Plan, Substantial Amendments, 

and Amendments for Covered Projects 

B. Most Impacted and Distressed Areas 

III. Overview of Grant Process 

A. Action Plan Process for New CDBG–MIT 

Grantees Under the Appropriations Act 

(Pub. L. 116–20) 

B. Substantial Action Plan Amendment 

Process for Existing Grantees Under Prior 

Appropriations (Pub. L. 115–123) 

IV. Applicable Rules, Statutes, Waivers, and 

Alternative Requirements 

V. Duration of Funding 

VI. Catalog of Federal Domestic Assistance 

VII. Finding of No Significant Impact 

I. Allocations 

The Additional Supplemental 

Appropriations for Disaster Relief Act, 

2019 (Pub. L. 116–20, approved June 6, 

2019) (Appropriations Act) made 

$2,431,000,000 in Community 

Development Block Grant disaster 

recovery (CDBG–DR) funds available for 

major disasters occurring in 2017, 2018, 

or 2019, of which $431,000,000 was for 

grantees that received funds in response 

to disasters occurring in 2017. On 

January 27, 2020, HUD allocated 

$2,153,928,000 in CDBG–DR funds in 

accordance with the Appropriations 

Act, to address unmet disaster recovery 

needs through activities authorized 

under title I of the Housing and 

Community Development Act of 1974 

(42 U.S.C. 5301 et seq.) (HCDA) related 

to disaster relief, long term recovery, 

restoration of infrastructure and 

housing, economic revitalization, and 

mitigation in the ‘‘most impacted and 

distressed’’ (MID) areas resulting from a 

qualifying major disaster in 2018 and 

2019, which included the $431,000,000 

for unmet infrastructure needs for 2017 

disasters. In a notice published 

concurrently with this notice, HUD has 

allocated an additional $85,291,000 of 

CDBG–DR funds from the 

Appropriations Act for remaining unmet 

needs for disasters occurring in 2018 

and 2019. Of amounts made available 

for 2018 and 2019 disasters, the 

Appropriations Act requires that HUD 

first allocate funds to address unmet 

disaster recovery needs for 2018 and 

2019 disasters. Any funds remaining 

after addressing unmet disaster recovery 

needs for 2018 and 2019 disasters must 

be allocated for mitigation activities in 

the MID areas resulting from a major 

disaster that occurred in 2018, in an 

amount proportional to the amount of 

funds each grantee received from all 

CDBG–DR allocations for 2018 disasters 

(including allocations of funds made 

available by Pub. L. 115–254). 

HUD has determined that its CDBG– 

DR allocations pursuant to the 

Appropriations Act are sufficient to 

address unmet disaster recovery needs 

in MID areas arising from 2018 and 2019 

disasters. Therefore, this notice allocates 

the remaining $186,781,000 in funds 

made available in the Appropriations 

Act as CDBG–MIT funds to grantees 

recovering from qualifying 2018 

disasters. 

HUD described the grant requirements 

and procedures, including waivers and 

alternative requirements applicable to 

CDBG–MIT funds, for CDBG–MIT 

grantees in the following Federal 

Register notices (collectively, the ‘‘Prior 

Notices’’): 

• 84 FR 45838, published August 30, 

2019 (the ‘‘Main CDBG–MIT Notice’’); 

and 

• 85 FR 60821, published September 

28, 2020 (the ‘‘2020 Omni Notice’’). 

CDBG–MIT funds allocated in the 

Prior Notices are made available by the 

Further Additional Supplemental 

Appropriations for Disaster Relief 

Requirements Act, 2018 (Pub. L. 115– 

123). Pursuant to that appropriation, 

HUD allocated $6.875 billion in CDBG– 

MIT funds in the Main CDBG–MIT 

Notice to grantees recovering from a 

qualifying 2015, 2016, and 2017 disaster 

for mitigation activities. 

In the Main CDBG–MIT Notice, HUD 

recognized that CDBG–MIT funds are to 

be used for distinctly different purposes 

than CDBG–DR funds. In that notice, 

HUD defined ‘‘mitigation activities’’ to 

mean those activities that increase 

resilience to disasters and reduce or 

eliminate the long-term risk of loss of 

life, injury, damage to and loss of 

property, and suffering and hardship, by 

lessening the impact of future disasters. 

The nature of programs and projects 

that are likely to be funded require all 

CDBG–MIT grantees and their 

subrecipients to strengthen their 

program management capacity, financial 

management, and internal controls. The 

Main CDBG–MIT Notice also states the 

Department’s intent to establish special 

grant conditions for individual CDBG– 

MIT grants based upon the risks posed 

by the grantee, including risks related to 

the grantee’s capacity to carry out the 

specific programs and projects proposed 

in its action plan. These conditions are 

designed to provide additional 

assurances that oversight of CDBG–MIT 

funds addresses grantee-specific risks, 

such as the potential for waste, fraud, 

and abuse, or the potential failure to 

effectively operate and maintain 

mitigation projects. 

This notice imposes the requirements 

of the Prior Notices as amended by 

provisions in this notice or by 

subsequent notices, to the CDBG–MIT 

grants allocated by this notice.1 The 

requirements of the Appropriations Act 

apply in lieu of the requirements of 

Public Law 115–123, which is 

referenced in the Prior Notices. The 

amount of CDBG–MIT funding grantees 

must expend to mitigate risks within the 

HUD-identified MID areas is listed in 


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Table 1 (below). In accordance with the 

Appropriations Act, HUD’s allocation of 

CDBG–MIT funds in Table 1 is based on 

each grantee’s proportional share of 

total CDBG–DR funds allocated for all 

eligible disasters in 2018. Table 2 

contains the total mitigation allocations 

for 2015 through 2018 disasters under 

Public Laws 115–123 and 116–20. 

TABLE 1—TOTAL ALLOCATION FOR MITIGATION ACTIVITIES UNDER PUBLIC LAW 116–20 

Disaster No. Grantee 

Total allocation 

for CDBG–MIT for 

2018 disasters 

under Public Law 

116–20 

Minimum amount 

that must be 

expended in the 

HUD-identified 

‘‘most impacted and 

distressed’’ areas 

listed herein 

HUD-identified ‘‘most impacted and distressed’’ areas 

4413 ................... State of Alaska .......... $2,288,000 $1,144,000 Anchorage, Borough. 

4357 ................... American Samoa ....... 1,470,000 1,470,000 All components of American Samoa. 

4407; 4382 ......... State of California ..... 64,907,000 32,453,500 Butte, Lake, Los Angeles, and Shasta Counties. 

4399 ................... State of Florida .......... 46,926,000 23,463,000 Bay, Calhoun, Gulf and Jackson Counties; 32321 (Liberty), 32327 

(Wakulla), 32328 (Franklin), 32346 (Wakulla and Franklin), 32351 

(Gadsden), and 32428 (Washington) Zip Codes. 

4400 ................... State of Georgia ........ 2,669,000 1,334,500 39845 (Seminole) Zip Code. 

4366 ................... Hawaii County, HI ..... 6,862,000 6,862,000 Hawaii County. 

4365 ................... Kauai County, HI ....... 585,000 292,500 96714 (Kauai) Zip Code. 

4393 ................... State of North Carolina.34,619,000 17,309,500 Brunswick, Carteret, Columbus, Craven, Duplin, Jones, New Hanover, 

Onslow, Plender, and Robeson Counties; 28352 (Scotland), 28390 

(Cumberland), 28433 (Bladen), and 28571 (Pamlico) Zip Codes. 

4396 & 4404 ....... The Commonwealth 

of the Northern 

Mariana Islands.

16,225,000 8,112,500 Saipan and Tinian Municipalities. 

4394 ................... State of South Carolina.4,598,000 2,299,000 Horry and Marion Counties; 29536 (Dillion) Zip Code. 

4377 ................... State of Texas ........... 4,652,000 2,326,000 Hidalgo County. 

4402 ................... State of Wisconsin .... 980,000 490,000 53560 (Dane) Zip Code. 

Total ............ .................................... 186,781,000 97,556,500 

* This table is intended to reflect 2018 CDBG–MIT awards. To view previous CDBG–MIT grantees, see Table 2. 

TABLE 2—TOTAL ALLOCATIONS FOR MITIGATION ACTIVITIES FOR 2015 THROUGH 2018 DISASTERS UNDER PUBLIC LAWS

115–123 AND 116–20 

Disasters 2015, 2016, and 2017 

disasters 

2015, 2016, and 2017 

disasters 

2015, 2016, and 2017 

disasters 2018 disasters 

Appropriations Act ................................ Public Law 115–123 ... Public Law 115–123 ... Public Law 115–123 ... Public Law 116–20.

Date of Enactment ............................... February 09, 2018 ...... February 09, 2018 ...... February 09, 2018 ...... June 06, 2019.

Date of Applicable Federal Register 

Notice.

August 30, 2019 ......... September 10, 2019 ... January 27, 2020.

Federal Register Notice Reference 

Number.

85 FR 45838 .............. 84 FR 47528 .............. 85 FR 4676.

Mitigation grantees Totals 

State of Alaska ..................................... $0 $0 $0 $2,288,000 $2,288,000 

American Samoa .................................. 0 0 0 1,470,000 1,470,000 

State of California ................................ 88,219,000 0 0 64,907,000 153,126,000 

State of Florida ..................................... 633,485,000 0 0 46,926,000 680,411,000 

State of Georgia ................................... 26,961,000 0 0 2,669,000 29,630,000 

Hawaii County, HI ................................ 0 0 0 6,862,000 6,862,000 

Kauai County, HI .................................. 0 0 0 585,000 585,000 

State of Louisiana ................................ 1,213,917,000 0 0 0 1,213,917,000 

State of Missouri .................................. 41,592,000 0 0 0 41,592,000 

State of North Carolina ........................ 168,067,000 0 0 34,619,000 202,686,000 

State of South Carolina ........................ 157,590,000 0 0 4,598,000 162,188,000 

Columbia, SC ....................................... 18,585,000 0 0 0 18,585,000 

Lexington County, SC (Urban County) 15,185,000 0 0 0 15,185,000 

Richland County, SC (Urban County) .. 21,864,000 0 0 0 21,864,000 

State of Texas ...................................... 4,297,189,000 0 0 4,652,000 4,301,841,000 

Houston, TX ......................................... 61,884,000 0 0 0 61,884,000 

San Marcos, TX ................................... 24,012,000 0 0 0 24,012,000 

The Commonwealth of the Northern 

Mariana Islands.

0 0 0 16,225,000 16,225,000 

The Commonwealth of Puerto Rico ..... 0 0 8,285,284,000 0 8,285,284,000 

State of West Virginia .......................... 106,494,000 0 0 0 106,494,000 

State of Wisconsin ............................... 0 0 0 980,000 980,000 

U.S. Virgin Islands ............................... 0 774,188,000 0 0 774,188,000 

Totals ............................................ 6,875,044,000 774,188,000 8,285,284,000 186,781,000 16,121,297,000 

II. Use of CDBG–MIT Funds 

Funds allocated under this notice are 

subject to the requirements of the Prior 

Notices, as amended by this notice or 

subsequent notices. This notice outlines 

additional requirements imposed by the 

Appropriations Act that apply to funds 

allocated under this notice. 


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HUD recognizes that grantees 

receiving an allocation of CDBG–MIT 

funds of less than $5,000,000 may 

realize meaningful mitigation outcomes 

and minimize associated administrative 

costs by using these funds for a limited 

number of targeted mitigation activities 

and projects. HUD will provide 

technical assistance, when appropriate, 

for grantees receiving an allocation of 

less than $5 million in CDBG–MIT 

funds and who adopt this targeted 

approach. Like all uses of CDBG–MIT 

funds, use of funds for a targeted 

number of activities must mitigate 

specific current and future risks 

identified in the grantee’s Mitigation 

Needs Assessment and benefit MID 

areas. All grantees should also 

maximize the impact of available funds 

by encouraging leverage, private-public 

partnerships, and coordination with 

other Federal programs. 

II.A. Action Plan, Substantial 

Amendments, and Amendments for 

Covered Projects 

Action plan. Before the Secretary 

obligates CDBG–MIT funds to a grantee, 

the Appropriations Act requires the 

grantee to submit a plan to HUD for 

approval detailing the proposed use of 

all funds. The plan must include the 

required elements of the action plan 

described in section V.A.2. of the Main 

CDBG–MIT Notice. For example, the 

plan must include a risk-based 

Mitigation Needs Assessment that 

identifies and analyzes all significant 

current and future disaster risks and 

provide a substantive basis for the 

activities proposed, pursuant to this 

notice and section V.A.2.a.(1) of the 

Main CDBG–MIT Notice (84 FR 45847). 

The action plan must describe how 

funded activities satisfy the 

requirements of the Main CDBG–MIT 

Notice, including how all proposed 

activities meet the definition of 

mitigation activities as defined in 

section II.A. of the Main CDBG–MIT 

Notice. As described in section II.B. of 

the Main CDBG–MIT Notice, grantees 

must describe in their action plan how 

they have coordinated and will continue 

to coordinate with other partners who 

manage FEMA and USACE funds and 

describe the actions that they have taken 

to align proposed activities with other 

federal, state, and local mitigation 

projects and planning processes. 

Covered Projects. To allow for a more 

detailed review of larger projects, the 

Main CDBG–MIT Notice requires that 

infrastructure projects that also meet the 

definition of a Covered Project be 

included in an action plan or a 

substantial action plan amendment. The 

Main CDBG–MIT Notice defines a 

Covered Project as an infrastructure 

project having a total project cost of 

$100 million or more, with at least $50 

million of CDBG funds (regardless of 

source (CDBG–DR, CDBG-National 

Disaster Resilience (NDR), CDBG–MIT, 

or CDBG)). Covered Projects proposed 

by a grantee receiving funds pursuant to 

this notice are subject to the 

requirements for Covered Projects, 

which are primarily located in sections 

V.A.2.h. and V.A.13.b. of the Main 

CDBG–MIT Notice. 

Amendments. A grantee must amend 

its action plan to update its Mitigation 

Needs Assessment, modify or create 

new activities, or reprogram funds, as 

appropriate. Each amendment must be 

highlighted, or otherwise identified 

within the context of the entire action 

plan. The beginning of every substantial 

amendment must include a: (1) Section 

that identifies exactly what content is 

being added, deleted, or changed; (2) 

chart or table that clearly illustrates 

where funds are coming from and where 

they are moving to; (3) revised budget 

allocation table that reflects the entirety 

of all funds, as amended; and (4) a 

description of how the amendment is 

consistent with the grantee’s Mitigation 

Needs Assessment. A grantee must 

amend its action plan in accordance 

with section V.A.2.g. of the Main 

CDBG–MIT Notice, as amended by the 

2020 Omni Notice, as further modified 

by this notice. In the 2020 Omni Notice, 

HUD clarified that a substantial 

amendment is not subject to the public 

hearing requirements for the initial 

action plan that are described in section 

V.A.3.a. of the Main CDBG–MIT Notice. 

As discussed in section III.B. of this 

notice, grantees that received a CDBG– 

MIT allocation pursuant to Public Law 

115–123 must submit a substantial 

amendment to its approved CDBG–MIT 

action plan. 

II.B. Most Impacted and Distressed 

Areas 

The Appropriations Act made CDBG– 

MIT funds available for eligible 

activities related to the mitigation of 

risks within the MID areas resulting 

from 2018 disasters. Table 1 identifies 

the HUD-identified MID areas for 

CDBG–MIT funds under this notice 

only. The amount of funding grantees 

must expend to mitigate risks within the 

HUD-identified MID areas under this 

notice is also listed in Table 1. In some 

instances, HUD has identified the entire 

jurisdiction of a grantee as the HUDidentified MID area. For all other 

CDBG–MIT grantees, HUD is requiring 

that at least 50 percent of all CDBG–MIT 

funds must be used for mitigation 

activities that address identified risks 

within the HUD-identified MID areas. 

Note that if HUD designates a ZIP 

Code for 2018 disasters as a MID area for 

purposes of allocating funds, the grantee 

may expand program operations to the 

whole county (county is indicated in 

parentheses next to the ZIP Code) as a 

MID area. For CDBG–MIT funds under 

this notice only, a grantee should 

indicate its decision to expand 

eligibility to the whole county in its 

action plan. 

A grantee may use up to 5 percent of 

the total grant award (plus 5 percent of 

program income generated by the grant) 

for grant administration and no more 

than 15 percent of its total grant amount 

on planning costs. HUD will include 50 

percent of a grantee’s expenditures for 

grant administration in its 

determination that 50 percent of the 

total award has been expended in the 

HUD-identified MID areas. 

Additionally, expenditures for planning 

activities may be counted towards a 

grantee’s 50 percent MID expenditure 

requirement, provided that the grantee 

describes in its action plan how those 

planning activities benefit the HUDidentified MID areas. 

HUD may approve a grantee’s request 

to add other areas to the HUD-identified 

MID areas based upon the grantee’s 

submission of a data-driven analysis 

that illustrates the basis for designating 

the additional area as most impacted 

and distressed as a result of the 

qualifying 2018 disaster. A grantee 

seeking to amend its HUD-identified 

MID area for purposes of its CDBG–MIT 

grant for 2018 disasters must also 

amend the HUD-identified MID area for 

its corresponding CDBG–DR grant(s) for 

2018 disasters. Grantees proposing to 

add to the HUD-identified MID area for 

their existing CDBG–DR grant do so 

through a substantial amendment that 

includes a consideration of unmet 

housing recovery needs. The grantee 

must also undertake a substantial 

amendment to its CDBG–MIT action 

plan so that the HUD-identified MID 

areas are the same across both grants. 

The grantee may submit the substantial 

amendments for both grants 

simultaneously. 

Grantees may determine where to use 

the remaining 50 percent of the CDBG– 

MIT grant (i.e., the grantee-identified 

MID areas for 2018 disasters), but that 

portion of the grant must be used for 

mitigation activities that address 

identified risks within those areas that 

the grantee determines are most 

impacted and distressed resulting from 

the major disasters identified by the 

disaster numbers listed in Table 1. The 

grantee-identified MID areas must be 


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determined through the use of 

quantifiable and verifiable data. 

Grantee expenditures for eligible 

mitigation activities outside of the HUDidentified or grantee-identified MID 

areas for 2018 disasters may be counted 

toward the MID area expenditure 

requirements provided that the grantee 

can demonstrate how the expenditure of 

CDBG–MIT funds outside of this area 

will measurably mitigate risks identified 

within the HUD-identified or granteeidentified MID area for 2018 disasters 

(e.g., upstream water retention projects 

to reduce downstream flooding in the 

HUD-identified MID area). 

III. Overview of Grant Process 

III.A. Action Plan Process for New 

CDBG–MIT Grantees Under the 

Appropriations Act (Pub. L. 116–20) 

Grantees that have not received a 

previous CDBG–MIT allocation (Alaska, 

American Samoa, Hawaii County, Kauai 

County, the Commonwealth of the 

Northern Mariana Islands, and 

Wisconsin) must submit an action plan 

pursuant to the requirements in section 

V.A.2 of the Main CDBG–MIT Notice, as 

superseded by section IV.A.3.b. of this 

notice (i.e., within 270 days after the 

applicability date of this notice). Since 

March 2020, HUD has authorized 

extensions for action plan submissions 

for CDBG–DR and CDBG–MIT grants 

due to the coronavirus (COVID–19) 

pandemic. The ongoing challenges of 

the pandemic continue to warrant 

longer submission time frames for grants 

allocated under this notice. Therefore, 

the deadlines for submitting an action 

plan in the Main CDBG–MIT Notice are 

superseded by the extended submission 

time frame in section IV.A.3.b. of this 

notice. 

Grantees that received allocations 

under the January 2020 Notice for 2018 

and 2019 disasters submitted 

information described in section VI.A.1. 

of the February 9, 2018 notice (as 

amended and updated by section IV.B.1. 

of the January 27, 2020 notice). These 

submissions supported the Secretary’s 

evaluation of grantee capacity and the 

Secretary’s certification of proficient 

financial controls and procurement 

processes and adequate procedures for 

proper grant management required by 

the Appropriations Act. Rather than 

resubmit the same information for 

allocations under this notice, grantees 

are required to update those 

submissions to reflect any material 

changes. This includes updates to the 

information required by section 

VI.A.1.a. of the February 9, 2018 notice 

(83 FR 5847), paragraphs (1)–(6), as 

updated and amended by section IV.B.1. 

of the January 2020 Notice (85 FR 4686). 

HUD will consider these updates before 

granting funds allocated by this notice. 

The submission deadlines in the notices 

referenced in the previous two 

paragraphs are superseded by deadlines 

set by this notice. HUD will direct 

grantees to checklists for submitting 

information required by this paragraph. 

Grantees must also submit additional 

information that the Main CDBG–MIT 

Notice requires of grantees that do not 

apply to CDBG–DR grants. The required 

information must be submitted by 

completing the checklist on HUD’s 

website titled ‘‘CDBG–MIT Certification 

Addendum C to the Public Law 116–20 

and 115–254 CDBG–DR Financial 

Management and Grant Compliance 

Certification Checklist.’’ In the 

checklist, a CDBG–MIT grantee must: 

Indicate how it will strengthen its 

internal audit function; specify the 

criteria for subrecipient selection and its 

plans to increase subrecipient 

monitoring, and establish a process for 

promptly identifying and addressing 

conflicts under the grantee’s conflict of 

interest policy. 

If the CDBG–MIT grant is to be 

administered by an agency that does not 

administer a grantee’s corresponding 

CDBG–DR grant, the administering 

agency for the CDBG–MIT grant must 

submit the documentation for the 

certification of financial controls and 

procurement processes, and adequate 

procedures for proper grant 

management as described in section 

V.A.1.a. of the Main CDBG–MIT Notice. 

To begin expending CDBG–MIT 

funds, the following steps are necessary: 

• Grantee develops or amends its 

citizen participation plan for disaster 

recovery per the requirements in section 

V.A.3 of the Main CDBG–MIT Notice. 

• Grantee consults with stakeholders, 

including required consultation with 

affected local governments, Indian 

Tribes, and public housing authorities 

(as required by section V.A.7 of the 

Main CDBG–MIT Notice). 

• Within 210 days of the applicability 

date of this notice, the grantee must 

submit material updates to 

documentation for the certification of 

financial controls and procurement 

processes, and adequate procedures for 

grant management and the Addendum C 

added to Public Law 116–20 and 115– 

254 CDBG–DR Financial Management 

and Grant Compliance Certification 

Checklist, as described above. 

• Grantee publishes its action plan for 

mitigation on the grantee’s required 

public website for no less than 45 

calendar days to solicit public comment 

and convenes the required number of 

public hearings on the proposed plan as 

required by the Main CDBG–MIT 

Notice. The grantee may convene virtual 

hearings in lieu of in-person hearings, 

pursuant to the authorization provided 

below in section IV.A.3.d. of this notice. 

• Within 270 days of the applicability 

date of this notice, the grantee responds 

to public comment and submits its 

action plan (which includes Standard 

Form 424 (SF–424) and certifications), 

its implementation plan and capacity 

assessment submissions in accordance 

with the requirements in section 

V.A.1.b. and V.A.2. of the Main CDBG– 

MIT Notice, and projection of 

expenditures and outcomes to HUD as 

described in section IV.A.3.b. and 

IV.A.3.c. of this notice. 

• Grantee requests and receives 

Disaster Recovery Grant Reporting 

(DRGR) system access and may enter 

activities into the DRGR system before 

or after submission of the action plan to 

HUD. Any activities that are changed as 

a result of HUD’s review must be 

updated once HUD approves the action 

plan. 

• HUD reviews (within 60 days from 

date of receipt) the action plan 

according to criteria identified for 

CDBG–MIT funds, and either approves 

or disapproves the plan as described in 

section IV.A.2 of this notice. 

• If the action plan is not approved, 

HUD will notify the grantee of the 

deficiencies. The grantee must then 

resubmit the action plan within 45 days 

of the notification. 

• After the action plan is approved, 

HUD sends an action plan approval 

letter. 

• Prior to transmittal of the grant 

agreement, HUD notifies grantees of its 

certification of the grantee’s financial 

controls, procurement processes and 

grant management procedures and its 

acceptance of the implementation plan 

and capacity assessment. 

• HUD sends the grant agreement to 

the grantee. 

• Grantee signs and returns the grant 

agreement to HUD. 

• HUD will sign the grant agreement 

and establish the grantee’s line of credit 

to reflect the amount of available funds. 

• Grantee posts the final HUD 

approved action plan on its official 

website. 

• Grantee enters the activities from its 

approved action plan into the DRGR 

system if it has not previously done so 

and submits its DRGR action plan to 

HUD (funds can be drawn from the line 

of credit only for activities that are 

established in the DRGR system). 

• The grantee must publish (on its 

website) policies for programs and 

activities implemented by the grantee 

with CDBG–MIT funds. 


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• The grantee may draw down funds 

from the line of credit, consistent with 

the applicable draw down requirements, 

after the Responsible Entity completes 

applicable environmental review(s) 

pursuant to 24 CFR part 58 or as 

authorized by the Appropriations Act 

and, as applicable, receives from HUD 

or the state the Authority to Use Grant 

Funds (AUGF) form and certification. 

• Substantial amendments are subject 

to a 30-day public comment period, 

including posting to the grantee’s 

website, followed by a 60-day review 

period for HUD. 

III.B. Substantial Action Plan 

Amendment Process for Existing 

Grantees Under Prior Appropriations 

(Pub. L. 115–123) 

A single CDBG–MIT action plan will 

be used to describe the uses of both the 

existing CDBG–MIT grant under Public 

Law 115–123 and the new CDBG–MIT 

grant under Public Law 116–20. While 

each grant remains separate, with 

separate purposes, financial controls, 

and some other distinctions, this 

combined administrative approach 

should ease grantee burden. Each 

grantee that previously received a 

CDBG–MIT allocation under the Main 

CDBG–MIT Notice pursuant to Public 

Law 115–123 (California, Florida, 

Georgia, North and South Carolina, and 

Texas) is required to submit a 

substantial amendment to its approved 

CDBG–MIT action plan. The substantial 

amendment must be submitted not later 

than 180 days after HUD’s full or partial 

approval of the Public Law 115–123 

CDBG–MIT action plan or not later than 

180 days after the applicability date of 

this notice, whichever is later, unless 

the grantee has requested, and HUD has 

approved an extension of this 

submission deadline. The substantial 

amendment must include the CDBG– 

MIT funds allocated under this notice 

and address the requirements of the 

Prior Notices and this notice. 

Grantees that received a CDBG–MIT 

allocation under the Main CDBG–MIT 

Notice have submitted documentation 

for the certification of financial controls 

and procurement processes, and 

adequate procedures for grant 

management in section V.A.1.a of the 

Main CDBG–MIT Notice entitled, 

‘‘Certification of financial controls and 

procurement processes, and adequate 

procedures for proper grant 

management.’’ A grantee may request 

that HUD rely on this CDBG–MIT 

Financial Management and Grant 

Compliance Certification Checklist and 

supporting documentation for the 

purposes of this mitigation allocation, 

provided, however, that the grantee 

must update its submissions as 

described in section V.A.1.a. (1)–(6) of 

the Main CDBG–MIT Notice to reflect 

any material changes in the 

submissions. 

Additionally, each grantee that 

received an allocation under the Main 

CDBG–MIT Notice must meet the 

following requirements to amend its 

approved CDBG–MIT action plan. These 

steps are only applicable to the 

substantial amendment process to add 

the CDBG–MIT funds allocated under 

this notice. 

• Grantee must consult with 

stakeholders, including required 

consultation with affected local 

governments, Indian Tribes, and public 

housing authorities to update its 

Mitigation Needs Assessment as 

required by section V.A.7. of the Main 

CDBG–MIT Notice. 

• Within 120 days of the applicability 

date of this notice, the grantee updates 

its submissions for the certification of 

financial controls and procurement 

processes, and adequate procedures for 

grant management described in section 

V.A.1.a. of the Main CDBG–MIT Notice 

to reflect any material changes in the 

submissions. 

• Grantee must amend its CDBG–MIT 

action plan to update its Mitigation 

Needs Assessment in accordance with 

the requirements described in section 

IV.A.3.a. of this notice. At a minimum, 

this must include the HUD-identified 

MID areas under this notice in addition 

to those identified in the Main CDBG– 

MIT Notice and to add in the new grant 

funds allocated by this notice. The 

grantee may also modify or create new 

activities from its existing CDBG–MIT 

grant. 

• Grantee must publish the 

substantial amendment to its current 

approved CDBG–MIT action plan on the 

grantee’s required public website in a 

manner that affords citizens, affected 

local governments, Indian Tribes, public 

housing authorities, and other interested 

parties a reasonable opportunity to 

examine the amendment’s contents and 

provide feedback. The manner of 

publication must include, at a 

minimum, prominent posting on the 

grantee’s official website for no less than 

30 calendar days to solicit public 

comment and convene one public 

hearing on the proposed amendment. 

Each grantee must ensure that 

mitigation program information is 

available in the appropriate languages 

for the geographic areas to be served 

(see HUD’s LEP Guidance, 72 FR 2732 

(2007)) and take appropriate steps to 

ensure effective communications with 

persons with disabilities under Section 

504 (see, 24 CFR 8.6) and the Americans 

with Disabilities Act (see 28 CFR 

35.106). 

• Grantee must respond to public 

comment and submit its substantial 

amendment to HUD (together with SF– 

424 and the certifications in paragraph 

VI.1. of the Main CDBG–MIT Notice) no 

later than 180 days after the 

applicability date of this notice. 

• HUD will review the substantial 

amendment within 60 days from date of 

receipt as described in section of IV.A.2. 

of this notice and determine whether to 

approve the substantial amendment per 

criteria identified in this notice and the 

Prior Notices. 

• HUD will send a substantial 

amendment approval letter, and a new 

grant agreement to the grantee. If the 

substantial amendment is not approved, 

a letter will be sent identifying its 

deficiencies and the grantee must then 

re-submit the substantial amendment 

within 45 days of the notification letter. 

• Grantee may enter activities into the 

DRGR system before or after submission 

of the substantial amendment to HUD. 

Note that, while the action plan is 

consolidated, the DRGR system will 

maintain the necessary and appropriate 

separations between the two distinct 

CDBG–MIT grants. Any activities that 

are changed as a result of HUD’s review 

must be updated once HUD approves 

the substantial amendment. 

• Grantee must ensure that the HUDapproved substantial amendment and 

currently approved CDBG–MIT action 

plan are posted prominently on its 

official website. Each grantee’s current 

version of its entire action plan must be 

accessible for viewing as a single 

document at any given point in time, 

rather than the public or HUD having to 

view and cross-reference changes among 

multiple amendments. 

• Grantee must enter the activities 

from its published substantial 

amendment into the Disaster Recovery 

Grant Reporting (DRGR) system and 

submit the updated DRGR action plan 

(revised to reflect the substantial 

amendment) to HUD within the DRGR 

system. 

• Grantee must sign and return the 

grant agreement to HUD. 

• HUD will sign the grant agreement 

and will establish the grantee’s line of 

credit to reflect the amount of funds 

made available under Public Law 116– 

20. 

• The grantee may draw down funds 

from the line of credit, consistent with 

the applicable draw down requirements, 

after the Responsible Entity completes 

applicable environmental review(s) 

pursuant to 24 CFR part 58 or as 

authorized by the Appropriations Act 

and, as applicable, receives from HUD 


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or the state the Authority to Use Grant 

Funds (AUGF) form and certification. 

• Grantee must amend and submit its 

projection of CDBG–MIT expenditures 

and performance outcomes with the 

substantial amendment. 

IV. Applicable Rules, Statutes, Waivers, 

and Alternative Requirements 

This section of the notice describes 

rules, statutes, waivers, and alternative 

requirements that apply to each grantee 

receiving an allocation under this 

notice. The Secretary has determined 

that good cause exists to apply each 

waiver and alternative requirement 

established in the Prior Notices, as 

amended by this notice, to the use of 

funds under this notice and that such 

waivers and alternative requirements 

are not inconsistent with the overall 

purpose of title I of the HCDA. The 

Appropriations Act 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 

these funds (except for requirements 

related to fair housing, 

nondiscrimination, labor standards, and 

the environment). Regulatory waiver 

authority is also provided by 24 CFR 

5.110, 91.600, and 570.5. 

Grantees may request additional 

waivers and alternative requirements 

from the Department as needed to 

address specific needs related to their 

mitigation activities. Grantee requests 

for waivers and alternative requirements 

must be accompanied by relevant data 

to support the request and must 

demonstrate to the satisfaction of the 

Department that there is good cause for 

the waiver or alternative requirement. 

Grantees must work with the assigned 

CPD representative to request any 

additional waivers or alternative 

requirements from HUD headquarters. 

The following requirements apply 

only to the CDBG–MIT funds 

appropriated under the Appropriations 

Act (unless otherwise noted) and not to 

funds provided under the annual 

formula State or Entitlement CDBG 

programs, the Indian Community 

Development Block Grant program, or 

those provided under any other 

component of the CDBG program, such 

as the Section 108 Loan Guarantee 

Program, or any previous CDBG–MIT 

appropriations, unless otherwise noted. 

Pursuant to the requirements of the 

Appropriations Acts, waivers and 

alternative requirements are effective 

five days after they are published in the 

Federal Register. 

Except as described in this notice or 

the Prior Notices, statutory and 

regulatory provisions governing the 

State CDBG program shall apply to State 

grantees receiving a CDBG–MIT grant 

and statutory and regulatory provisions 

governing the entitlement CDBG 

program shall apply to any local 

government receiving a CDBG–MIT 

grant. The provisions of 24 CFR part 

570, subpart F are waived to authorize 

American Samoa and the 

Commonwealth of the Northern Mariana 

Islands to administer its CDBG–MIT 

allocation in accordance with the 

regulatory and statutory provisions 

governing the State CDBG program, as 

modified by rules, statutes, waivers, and 

alternative requirements made 

applicable by Federal Register notices. 

This includes the requirement that the 

aggregate total for administrative and 

technical assistance expenditures by the 

Commonwealth of the Northern Mariana 

Islands must not exceed 5 percent of 

any CDBG–MIT grant made pursuant to 

the Appropriations Act, plus 5 percent 

of program income generated by the 

grant. The Department has determined 

that good cause exists for a waiver and 

that such waiver is not inconsistent 

with the overall purposes of title I of the 

HCDA. State and Entitlement CDBG 

regulations can be found at 24 CFR part 

570. References to the action plan in 

these regulations shall refer to the action 

plan that covers the use of the CDBG– 

MIT grants allocated by this notice that 

is required by section V.A. of the Main 

CDBG–MIT Notice (as made applicable 

by this notice). All references in this 

notice pertaining to timelines and/or 

deadlines are in terms of calendar days 

unless otherwise noted. The date of this 

notice shall mean the applicability date 

of this notice unless otherwise noted. 

IV.A. Grant Administration and Action 

Plan Requirements 

IV.A.1. Applicability of waivers, 

alternative requirements, and other 

requirements. The Prior Notices 

establish the waivers and alternative 

requirements applicable to grantees 

receiving funds under this notice. For 

convenience, some of these rules, 

waivers, and alternative requirements 

are described below in Table 3. In 

addition, this notice extends the waivers 

and alternative requirements in the 

Prior Notices to Hawaii County and 

Kauai County, which are subject to 

requirements imposed in 24 CFR part 

570, subpart F. However, because the 

Prior Notices do not include waivers 

and alternative requirements to the 

provisions in 24 CFR part 570, subpart 

F, this notice amends the Prior Notices 

by also waiving 24 CFR 570.420(c), 24 

CFR 570.431(a), and 24 CFR 570.431(b). 

The Department has determined that 

good cause exists for a waiver and that 

such waiver is not inconsistent with the 

overall purposes of title I of the HCDA. 

TABLE 3—RULES, WAIVERS, AND ALTERNATIVE REQUIREMENTS ESTABLISHED IN THE PRIOR NOTICES

Citation Rules, waivers, and alternative requirement 

The Main CDBG–MIT Notice 

84 FR 45844 ........... Pre-award evaluation of management and oversight of funds. 

84 FR 45846 ........... CDBG–MIT Action Plan waiver and alternative requirement. 

84 FR 45852 ........... Citizen participation waiver and alternative requirement. 

84 FR 45853 ........... HUD performance review authorities and grantee reporting requirements in the Disaster Recovery Grant Reporting 

(DRGR) System. 

84 FR 45854 ........... Direct grant administration and means of carrying out eligible activities-applicable to State grantees only. 

84 FR 45855 ........... Consolidated plan waiver. 

84 FR 45855 ........... Requirement for consultation during plan preparation. 

84 FR 45855 ........... Grant administration responsibilities, combined technical assistance and administration expenditures cap.

84 FR 45855 ........... Operation and maintenance waiver for CDBG–MIT program income. 

84 FR 45856 ........... Planning-only activities applicable to State grantees only. 

84 FR 45856 ........... Overall benefit requirement. 

84 FR 45856 ........... Use of the ‘‘upper quartile’’ or ‘‘exception criteria’’ for low- and moderate-income area benefit activities. 

84 FR 45856 ........... National objective waivers and alternative requirements applicable to CDBG–MIT funds. 

84 FR 45857 ........... Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties applicable to State 

grantees only. 


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TABLE 3—RULES, WAIVERS, AND ALTERNATIVE REQUIREMENTS ESTABLISHED IN THE PRIOR NOTICES—Continued 

Citation Rules, waivers, and alternative requirement 

84 FR 45857 ........... Use of subrecipients-applicable to State grantees only. 

84 FR 45857 ........... Recordkeeping. 

84 FR 45858 ........... Change of use of real property, applicable to State grantees only. 

84 FR 45858 ........... Responsibility for review and handling of noncompliance-applicable to State grantees only. 

84 FR 45858 ........... Program income alternative requirement. 

84 FR 45859 ........... Limitation on reimbursement. 

84 FR 45859 ........... Prohibition on forced mortgage payoff. 

84 FR 45859 ........... One-for-one replacement housing, relocation, and real property acquisition Requirements. 

84 FR 45860 ........... Environmental requirements. 

84 FR 45861 ........... Duplication of benefits. 

84 FR 45862 ........... Procurement. 

84 FR 45862 ........... Timely distribution of funds. 

84 FR 45862 ........... Review of continuing capacity to carry out CDBG-funded activities in a timely manner. 

84 FR 45862 ........... Corrective and remedial actions. 

84 FR 45863 ........... Noncompliance and grant conditions. 

84 FR 45863 ........... Reduction, withdrawal, or adjustment of a grant, or other appropriate action. 

84 FR 45863 ........... Federal accessibility requirements. 

84 FR 45863 ........... Housing-related eligibility waivers. 

84 FR 45864 ........... Housing incentives in at-risk communities. 

84 FR 45864 ........... Limitation on emergency grant payments—interim mortgage assistance. 

84 FR 45864 ........... Acquisition of real property; flood and other buyouts. 

84 FR 45866 ........... Additional LMI national objective criteria for buyouts and housing incentives. 

84 FR 45867 ........... Alternative requirement for housing rehabilitation—assistance for second homes. 

84 FR 45867 ........... Flood insurance. 

84 FR 45867 ........... Elevation of nonresidential structures. 

84 FR 45868 ........... Requirements for flood control structure. 

84 FR 45868 ........... Waiver and alternative requirement to permit certain improvements on private lands. 

84 FR 45868 ........... National objective documentation for economic development activities. 

84 FR 45868 ........... Public benefit for certain economic development activities. 

84 FR 45869 ........... Clarifying note on Section 3 resident eligibility and documentation requirements. 

84 FR 45869 ........... Waiver and modification of the job relocation clause to permit assistance to help a business return. 

84 FR 45869 ........... Prioritizing small businesses. 

84 FR 45869 ........... Underwriting. 

84 FR 45869 ........... Limitation on use of funds for eminent domain. 

The 2020 Omni Notice 

85 FR 60822 ........... Waiver and Alternative Requirements for Use of FEMA-Approved Elevation Standards for Nonresidential Structures. 

85 FR 60825 ........... Substantial Action Plan Amendment Requirements for CDBG–MIT Grants. 

85 FR 60827 ........... Financial Certification Requirements under Public Laws 115–254 and 116–20. 

IV.A.2. Waiver of 45-day Review 

Period for CDBG–MIT Action Plan and 

Substantial Action Plan Amendments. 

The unique qualities and requirements 

of CDBG–MIT are well established in 

the Main CDBG–MIT Notice. CDBG– 

MIT funds represent an opportunity for 

grantees to use this assistance in areas 

impacted by recent disasters to carry out 

strategic and high-impact activities to 

mitigate disaster risk and reduce future 

losses. 

HUD may disapprove an action plan 

or substantial action plan amendment if 

it is incomplete. HUD works with 

grantees to resolve or provide additional 

information during the review period to 

avoid the need to disapprove an action 

plan or substantial action plan 

amendments. There are several issues 

related to the action plan or substantial 

action plan amendments as submitted 

that can be fully resolved via further 

discussion and revision during an 

extended review period, rather than 

through HUD disapproval of the 

amendments which in turn would 

require grantees to take additional time 

to revise and resubmit their respective 

amendments. As such, the Secretary has 

determined that good cause exists to 

waive 24 CFR 91.500(a) to extend HUD’s 

action plan review period from 45 days 

to 60 days. 

IV.A.3. Additional requirements and 

modifications of requirements in the 

Main CDBG–MIT Notice. The following 

clarifications or modifications apply to 

all grantees receiving an allocation 

under this notice: 

IV.A.3.a. Substantial amendments for 

grantees receiving an allocation of funds 

under the Main CDBG–MIT Notice. 

Grantees that received a CDBG–MIT 

allocation under the Main CDBG–MIT 

Notice (California, Florida, Georgia, 

North and South Carolina, and Texas) 

must submit a substantial amendment to 

its CDBG–MIT action plan, including an 

updated Mitigation Needs Assessment, 

per the requirements outlined in this 

notice, in addition to meeting the 

requirements for substantial 

amendments under the Main CDBG– 

MIT Notice and the 2020 Omni Notice 

(85 FR 60825). In particular, the 

substantial amendment must update the 

risk-based Mitigation Needs Assessment 

to: 

(1) Identify and analyze the 

significant current and future disaster 

risks in the MID areas for 2018 disasters 

and provide a substantive basis for the 

activities proposed in those MID areas. 

HUD notes that a grantee’s action plan 

and Mitigation Needs Assessment in 

response to the Main CDBG–MIT Notice 

may already include MID areas for 2018 

disasters (if those areas overlap with 

previous disasters). In that case, the 

grantee must update its needs 

assessment. 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. 


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As a reminder, the agency 

administering the CDBG–MIT funds 

must consult with other jurisdictions, 

the private sector and other government 

agencies, as identified above in section 

III.A. and III.B. of this notice. For more 

information on the consultation 

requirements, a grantee should refer to 

section V.A.7. of the Main CDBG–MIT 

Notice. 

As required by section III.A., the 

grantee must update its submissions for 

the certification of financial controls 

and procurement processes, and 

adequate procedures for grant 

management as described in section 

V.A.1.a. of the Main CDBG–MIT Notice 

to reflect any material changes in the 

submissions within 120 days of the 

applicability date of this notice. 

IV.A.3.b. Action plans and other 

submission requirements for grantees 

receiving their first CDBG–MIT 

allocation under this notice. Grantees 

receiving their first allocation of CDBG– 

MIT funds (Alaska, American Samoa, 

Hawaii County, Kauai County, the 

Commonwealth of the Northern Mariana 

Islands, and Wisconsin) shall be subject 

to the deadlines for submission of 

implementation plans and capacity 

assessments, projection of expenditures 

and outcomes, and action plans, as 

established by this paragraph and 

paragraph IV.A.3.c. (which supersede 

the deadlines in the Main CDBG–MIT 

Notice). These grantees must submit 

projection of expenditures and 

outcomes and an action plan not later 

than 270 days after the applicability 

date of this notice. As required by 

section III.A. of this notice, the grantee 

must submit material updates to 

documentation for the certification of 

financial controls and procurement 

processes, and adequate procedures for 

grant management and the Addendum C 

added to Public Law 116–20 and 115– 

254 CDBG–DR Financial Management 

and Grant Compliance Certification 

Checklist, within 210 days of the 

applicability date of this notice. 

IV.A.3.c. Implementation plan and 

capacity assessment. Grantees receiving 

their first allocation of CDBG–MIT 

funds under this notice (Alaska, 

American Samoa, Hawaii County, Kauai 

County, the Commonwealth of the 

Northern Mariana Islands, and 

Wisconsin) must submit the 

Implementation Plan and Capacity 

Assessment pursuant to section 

V.A.1.b., including the criteria in 

V.A.1.b.(1) and V.A.1.b.(2), of the Main 

CDBG–MIT Notice within 270 days of 

the applicability date of this notice. 

IV.A.3.d. Public Hearing Clarification. 

On March 20, 2020 and in response to 

the COVID–19 pandemic, HUD clarified 

its requirements for public hearings as 

provided in the Main CDBG–MIT 

Notice, to include virtual public 

hearings (alone, or in concert with an 

in-person hearing) if the virtual hearings 

allow questions in real time, with 

answers coming directly from the 

elected representatives to all 

‘‘attendees.’’ HUD is extending this 

flexibility to grantees receiving CDBG– 

MIT funds pursuant to this notice to 

facilitate social distancing during the 

public health emergency. CDBG–MIT 

grantees subject to this notice may hold 

virtual hearings in lieu of in-person 

public hearings to fulfill the public 

hearing requirements required by 

section V.A.3.a. of the Main CDBG–MIT 

Notice. Grantees that hold virtual 

hearings must update their citizen 

participation plans to describe 

procedures for virtual hearings, 

including how it shall take appropriate 

steps to ensure effective communication 

as required by 24 CFR 8.6 and provide 

meaningful access for individuals with 

limited English proficiency. 

For each virtual hearing, the grantee 

shall provide reasonable notification 

and access for citizens in accordance 

with the grantee’s certifications, timely 

responses to all citizen questions and 

issues, and public access to all 

questions and responses. 

IV.A.3.e. Consolidated Plan Waiver. 

The Main CDBG–MIT Notice imposes a 

deadline for grantees to update their 

consolidated plans. To allow grantees 

receiving allocations under Public Law 

116–20 a similar extension to revise 

their consolidated plans for consistency 

with their CDBG–MIT action plans, the 

following language is added to the 

waiver and alternative requirement 

provided in section V.A.6. of the Main 

CDBG–MIT Notice to include the 

CDBG–MIT funds allocated under this 

notice: ‘‘This timeframe to update the 

consolidated plan shall not apply to 

grantees receiving CDBG–MIT funds 

under Public Law 116–20 for 2018 

disasters. For a grantee allocated CDBG– 

MIT funds under Public Law 116–20, 

this waiver applies only until a grantee 

submits its next full (3–5 year) 

consolidated plan, or no later than its 

Fiscal Year 2022.’’ 

IV.A.3.f. Use of funds in response to 

Hurricane Matthew and Hurricane 

Florence (State of North Carolina and 

South Carolina only). The 

Appropriations Act provides that 

grantees that received an allocation for 

mitigation activities in response to 

Hurricane Florence may use the CDBG– 

MIT funds for the same activities, 

consistent with the requirements of the 

CDBG–MIT grant, in the most impacted 

and distressed areas related to 

Hurricane Matthew. Additionally, as 

explained in the Main CDBG–MIT 

Notice in paragraph V.A.5.b., grantees 

that received an allocation for 

mitigation funding provided by Public 

Law 115–123 in response to Hurricane 

Matthew may use the CDBG–MIT funds 

for the same activities, consistent with 

the requirements of the CDBG–MIT 

grant, in the most impacted and 

distressed areas related to Hurricane 

Florence. Expenditures in the HUDidentified MID areas for both Hurricanes 

Matthew and Florence may count 

toward the 50 percent expenditure 

requirement for HUD-identified MID 

areas outlined in Table 1 of this notice. 

In total, South Carolina and North 

Carolina must expend 50 percent of the 

combined total of both CDBG–MIT 

grants in HUD-identified MID areas 

resulting from Hurricanes Matthew and 

Florence. 

V. Duration of Funding 

The Appropriations Act makes funds 

available for obligation by HUD until 

expended. This notice requires each 

grantee to expend 50 percent of its 

CDBG–MIT grant for 2018 disasters on 

eligible activities within six years of 

HUD’s execution of the grant agreement 

and 100 percent of its CDBG–MIT grant 

for 2018 disasters within twelve years of 

HUD’s execution of the grant agreement. 

HUD may extend the period of 

performance administratively, if good 

cause for such an extension exists at 

that time, as requested by the grantee 

and approved by HUD. When the period 

of performance has ended, HUD will 

close out the grant and any remaining 

funds not expended by the grantee on 

appropriate programmatic purposes will 

be recaptured by HUD. 

VI. Catalog of Federal Domestic 

Assistance 

The Catalog of Federal Domestic 

Assistance numbers for the grants under 

this notice are as follows: 14.218 and 

14.228. 

VII. 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 on HUD’s website and 

in-person 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 


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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 569 

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). Hearingor speech-impaired individuals may 

access this number through TTY by 

calling the Federal Information Relay 

Service at 800–877–8339 (this is a tollfree number). 

John Gibbs, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Appendix A—Detailed Methodology 

Allocation of CDBG–MIT Funds to Most 

Impacted and Distressed Areas Due to 2018 

Federally Declared Disasters 

According to Public Law 116–20: 

Provided further, That any funds made 

available under this heading and under the 

same heading in Public Law 115–254 that 

remain available, after the funds under such 

headings have been allocated for necessary 

expenses for activities authorized under such 

headings, shall be allocated to grantees, for 

mitigation activities in the most impacted 

and distressed areas resulting from a major 

disaster that occurred in 2018: Provided 

further, That such allocations shall be made 

in the same proportion that the amount of 

funds each grantee received under this Act 

and the same heading in division I of Public 

Law 115–254 bears to the amount of all funds 

provided to all grantees that received 

allocations for disasters that occurred in 

2018: 

The Table below shows the total unmet 

needs for each 2018 grantee as calculated by 

HUD, each grantee’s share of the unmet 

needs for all 2018 disasters, and the amounts 

allocated to each 2018 grantee which are 

proportional to the total amount each of the 

grantees has been allocated for unmet needs 

from the aggregate of Public Law 116–20 and 

Public Law 115–254. 

FEMA 

disaster No. Grantee 

Combined 

allocation for 

unmet needs 

(Pub. L. 115–254 

and Pub. L. 116–20) 

Proportional 

share of 2018 

unmet needs 

(%) 

2018 

Mitigation grants 

(Pub. L. 116–20) 

4357 .............. American Samoa .......................................................................... $23,039,000 0.7869 $1,470,000 

4413 .............. State of Alaska ............................................................................. 35,856,000 1.2247 2,288,000 

4407, 4382 .... State of California ........................................................................ 1,017,399,000 34.7504 64,907,000 

4399 .............. State of Florida ............................................................................. 735,553,000 25.1236 46,926,000 

4400 .............. State of Georgia ........................................................................... 41,837,000 1.4290 2,669,000 

4365 .............. Kauai County, HI .......................................................................... 9,176,000 0.3134 585,000 

4366 .............. Hawaii County, HI ........................................................................ 107,561,000 3.6739 6,862,000 

4396, 4404 .... Commonwealth of the Northern Mariana Islands ........................ 254,324,000 8.6867 16,225,000 

4393 .............. State of North Carolina ................................................................ 542,644,000 18.5346 34,619,000 

4394 .............. State of South Carolina ................................................................ 72,075,000 2.4618 4,598,000 

4377 .............. State of Texas .............................................................................. 72,913,000 2.4904 4,652,000 

4402 .............. State of Wisconsin ....................................................................... 15,355,000 0.5245 980,000 

2018 Disasters ............................................................................. 2,927,732,000 100.0000 186,781,000 

[FR Doc. 2020–29261 Filed 1–5–21; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6182–N–02] 

Allocations, Common Application, 

Waivers, and Alternative Requirements 

for Disaster Community Development 

Block Grant Disaster Recovery 

Grantees; Second Allocation 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This notice allocates a total of 

$85,291,000 in Community 

Development Block Grant disaster 

recovery (CDBG–DR) funds 

appropriated by the Additional 

Supplemental Appropriations for 

Disaster Relief Act, 2019 (the Act). The 

$85,291,000 in CDBG–DR funds 

allocated by this notice is for the 

purpose of assisting in long-term 

recovery from major disasters that 

occurred in 2018 and 2019. The 

allocations in this notice add to the 

funding previously allocated in the 

January 27, 2020 notice for these 

disasters. The Act requires HUD to 

allocate any funds not identified for 

long-term recovery from major disasters 

to be allocated for mitigation activities 

for 2018 disasters. Accordingly, under a 

separate notice, HUD will allocate the 

remaining $185,730,000 of funds 

available under the Act for mitigation 

activities in the most impacted and 

distressed areas resulting from a major 

disaster that occurred in 2018. This 

notice also contains a waiver and 

alternative requirement addressing the 

income limits applicable to the 

Commonwealth of Puerto Rico for its 

CDBG–DR and CDBG–MIT grants. 

Additionally, this notice also provides 

additional flexibility to CDBG–DR 

grantees as they continue their disaster 

recovery efforts while also responding 

to the Coronavirus Disease 2019 

(COVID–19) pandemic. 

DATES: Applicability Date: January 11, 

2021. 

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 

7282, 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. Facsimile inquiries may 

be sent to Ms. Kome at 202–708–0033. 

(Except for the ‘‘800’’ number, these 

telephone numbers are not toll-free.) 

Email inquiries may be sent to disaster_

recovery@hud.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Allocations 

II. Use of Funds 

III. Overview of Grant Process 

A. Appropriations Act (Pub. L. 116–20) 

Action Plan Process 

B. Action Plan Substantial Amendment 

Process To Incorporate Additional Funds 

IV. Applicable Rules, Statutes, Waivers, and 

Alternative Requirements 

A. Grant Administration 

B. Waiver and Alternative Requirement 

Related to Adjusted Income Limits for 

Grants Under Public Laws 115–56, 115– 

123, and 116–20 (Commonwealth of 

Puerto Rico only) 


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