3570 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 

and what current government or private 

sector infrastructure exists to support 

such a protocol? 

14. What type, nature, and extent of 

evidence can demonstrate that goods 

originating in the People’s Republic of 

China, including goods detained or 

seized pursuant to section 307 of the 

Tariff Act of 1930, as amended, were not 

mined, produced, or manufactured 

wholly or in part with forced labor? 

15. What measures can be taken to 

trace the origin of goods, offer greater 

supply chain transparency, and identify 

third-country supply chain routes for 

goods mined, produced, or 

manufactured wholly or in part with 

forced labor in the People’s Republic of 

China? 

16. How can the U.S. Government 

coordinate and collaborate on an 

ongoing basis with appropriate 

nongovernmental organizations and 

private sector entities to implement and 

update the strategy that the FLETF will 

produce pursuant to the UFLPA? 

17. How can the U.S. Government 

improve coordination with 

nongovernmental organizations and the 

private sector to combat forced labor in 

supply chains, and how can these serve 

as a model to support implementation of 

the UFLPA? 

18. Is there any additional 

information the FLETF should consider 

related to how best to implement the 

UFLPA, including other measures for 

ensuring that goods mined, produced, or 

manufactured wholly or in part with 

forced labor do not enter the United 

States? 

Robert Silvers, 

Under Secretary, Office of Strategy, Policy, 

and Plans. 

[FR Doc. 2022–01444 Filed 1–20–22; 4:15 pm] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6284–N–01] 

Implementation of the Fostering Stable 

Housing Opportunities Amendments 

AGENCY: Office of the Assistant 

Secretary for Public and Indian Housing 

(PIH), Department of Housing and 

Urban Development (HUD). 

ACTION: Notice. 

SUMMARY: This notice implements and 

provides guidance on the provisions of 

the Fostering Stable Housing 

Opportunities (FSHO) amendments that 

are effective through the publication of 

this notice. This notice also identifies 

the provisions of FSHO that were 

effective upon enactment (i.e., 

December 27, 2020) or otherwise 

already in effect and advises of actions 

that may or must be taken now to 

comply with the changes. Additionally, 

this notice identifies the provisions of 

FSHO that require further action from 

HUD to be implemented. Through this 

notice, HUD also seeks public comment 

on certain provisions of FSHO. 

However, HUD welcomes public 

comment on any of this notice’s 

provisions. 

DATES: 

Effective date of amendments in 

Section III of this notice: April 25, 2022. 

Comment due date: March 25, 2022. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this document. All communications 

must refer to the above docket number 

and title. There are two methods for 

submitting public comments. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

7th Street SW, Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt by HUD, and enables HUD to 

make comments immediately available 

to the public. Comments submitted 

electronically through the 

www.regulations.gov website can be 

viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

No Facsimile Comments. Facsimile 

(fax) comments are not acceptable. 

Public Inspection of Public 

Comments. All properly submitted 

comments and communications 

submitted to HUD will be available for 

public inspection and copying between 

8 a.m. and 5 p.m., weekdays, at the 

above address. Due to security measures 

at the HUD Headquarters building, an 

advance appointment to review the 

public comments must be scheduled by 

calling the Regulations Division at 202– 

708–3055 (this is not a toll-free 

number). Copies of all comments 

submitted are available for inspection 

and downloading at 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ryan E. Jones, Director, Housing 

Voucher Management and Operations 

Division, Department of Housing and 

Urban Development, 451 Seventh Street 

SW, Room 4216, Washington, DC 20410, 

telephone number (202) 402–2677. (This 

is not a toll-free number.) HUD 

encourages submission of questions 

about this document be sent to: FYI@

hud.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Fostering Stable Housing 

Opportunities (FSHO) amendments, 

enacted as section 103 of division Q of 

the Consolidated Appropriations Act, 

2021 on December 27, 2020 (Pub. L. 

116–260), made changes to the 

assistance provided to eligible youth 

pursuant to the Family Unification 

Program (FUP) authorized under 

Section 8(x) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(x)). FSHO 

provides an extension of the assistance 

provided to eligible youth for up to 24 

months beyond the 36-month time limit 

of assistance if the youth is participating 

in a Family Self-Sufficiency (FSS) 

program under section 23 of the U.S. 

Housing Act of 1937 and for youth who 

are unable to enroll in an FSS program 

who engaged in education, workforce 

development, or employment activities 

for at least 9 months of the 12-month 

period preceding the extension. FSHO 

also provides an extension of assistance 

for up to 24 months beyond the 36- 

month time limit of assistance for 

eligible youth who meet one of three 

statutory exceptions. 

FUP provides Housing Choice 

Vouchers (HCVs) to two different 

populations: (1) Families for whom the 

lack of adequate housing is a primary 

factor in the imminent placement of the 

family’s child or children in out-ofhome care or in the delay of the 

discharge of the child or children to the 

family from out-of-home care (‘‘FUP 

families’’), and (2) eligible youth who 

are at least 18 years of age and not more 

than 24 years of age who have left foster 

care, or will leave foster care within 90 

days, in accordance with a transition 

plan described in section 475(5)(H) of 

the Social Security Act, and are 

homeless or at risk of becoming 

homeless at age 16 or older (‘‘FUP 

youth’’). 

In 2019, HUD established the Foster 

Youth to Independence (FYI) initiative. 

Through Notice PIH 2019–20, HUD 

made available Tenant Protection 

Vouchers (TPVs) targeted to youth 

eligible under FUP, subject to 

availability. These vouchers are referred 


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1https://www.hud.gov/sites/dfiles/PIH/ 

documents/pih2020-28.pdf. 

2https://www.hud.gov/sites/dfiles/SPM/ 

documents/Foa_Content_of_FR-6400-N-41.pdf. 

3FYI TPVs do not require the use of a waiting list 

since the FYI TPV is awarded to the PHA for use 

by a specific person and is a special (non-waiting 

list) admission. 

4Except for the provisions related to the PBV 

percentage limitation and income-mixing 

requirement, which are tied to the effective date of 

the HAP contract. These provisions are discussed 

in section IV(D) of this document. 

5While PHAs may project-base FUPY/FYI 

vouchers (except FYI TPVs), PHAs are reminded 

that sponsor-based housing is not permitted under 

the PBV program (unless the PHA is a Moving to 

Work (MTW) agency, and it has received HUD 

approval to create a sponsor-based housing program 

through its Annual MTW Plan or MTW Supplement 

to the PHA Plan). Under the sponsor-based housing 

model, PHAs provide housing funds directly to 

sponsors (i.e., nonprofits and social service 

providers) through a competitive process and the 

providers use the funds to secure private market 

rentals, typically through master lease contracts, 

that are then subleased to program participants. 

Certain administrative responsibilities (e.g., 

eligibility determinations, wait list management) 

are delegated to the qualified sponsor and the PHA 

performs a quality control audit. 

Continued 

to as FYI TPVs. The assistance was 

made available under the Consolidated 

Appropriations Act, 2019, (Pub. L. 116– 

6), enacted on February 15, 2019, that 

allowed TPV appropriated funds to be 

used for FUP. The notice explained the 

eligibility and application requirements 

for FYI TPV funding and described how 

applications will be processed. HUD 

made FYI TPVs available under the 

notice through the end of Fiscal Year 

(FY) 2020. 

Following the rollout of FYI, Congress 

provided funding targeted for eligible 

youth under section 8(x) of the U.S. 

Housing Act of 1937 in the two most 

recent appropriations Acts—the 

Consolidated Appropriations Act, 2021, 

(Pub. L. 116–260), enacted on December 

27, 2020, and the Further Consolidated 

Appropriations Act, 2020, (Pub. L. 116– 

94), enacted on December 20, 2019 (‘‘the 

Acts’’). While the Acts allowed that a 

portion of the appropriated amounts be 

made available without competition, the 

Acts also required that a minimum 

amount be made available 

competitively. On October 6, 2020, HUD 

issued Notice PIH 2020–28,1 making 

available up to $10 million dollars for 

youth under FUP to be available on a 

rolling basis without competition. 

Subsequently, HUD issued the Foster 

Youth to Independence Competitive 

Notice of Funding Availability (FR– 

6400–N–41) making available $20 

million dollars to assist youth under 

FUP.2 On September 3, 2021, HUD 

issued Notice PIH 2021–26, making 

available an additional $10 million for 

youth under FUP on a rolling basis 

without competition. HUD refers to 

vouchers that are funded from these 

appropriated amounts as FYI vouchers, 

regardless of whether they were 

awarded competitively or 

noncompetitively. 

The assistance made available under 

FYI, including FYI vouchers and FYI 

TPVs, are collectively referred to in this 

notice as ‘‘FYI.’’ In this notice, HUD 

calls out FYI TPVs only where the 

operating requirements are different 

from those for the newer FYI vouchers 

and such program requirement 

distinctions impact the implementation 

of FSHO. 

By statute, there is no time limitation 

on FUP assistance when used to assist 

FUP-eligible families. However, FUP 

assistance used to assist FUP-eligible 

youth (FUPY), including FYI vouchers, 

collectively referred to hereafter as 

‘‘FUPY/FYI’’ assistance, is subject to a 

36-month time limit. 

Public housing agencies (PHAs) 

administer FUP (including FUPY/FYI) 

in partnership with Public Child 

Welfare Agencies (PCWAs), who are 

responsible for referring families and 

youth to the PHA for a determination of 

eligibility for FUP rental assistance. 

Once the PCWA makes the referral, the 

PHA places the FUP applicant on its 

waiting list,3 determines whether the 

family or youth meets HCV program 

eligibility requirements, and conducts 

all other processes relating to voucher 

issuance and administration. The PCWA 

is responsible for providing or 

leveraging follow-up supportive 

services, such as educational counseling 

and job preparation, for the period 

defined in the notice or Notice of 

Funding Availability/Opportunity 

(NOFA/O) for which the funding was 

made available. 

The FSHO amendments made 

changes to the FUP authorized under 

section 8(x) of the U.S. Housing Act of 

1937 to provide eligible youth with an 

extension of FUPY/FYI voucher 

assistance for up to 24 months beyond 

the 36-month time limit of assistance if 

they are participating in an FSS program 

under section 23 of the U.S. Housing 

Act of 1937 (42 U.S.C. 1437u). In cases 

where a PHA is not carrying out an FSS 

program or is carrying out an FSS 

program in which the youth has been 

unable to enroll, FSHO provides the 

youth with an extension of FUPY/FYI 

voucher assistance for up to 24 months 

beyond the 36-month time limit of 

assistance if they engaged in education, 

workforce development, or employment 

activities for at least 9 months of the 12- 

month period preceding the extension. 

FSHO also provides an extension of 

FUPY/FYI voucher assistance for up to 

24 months beyond the 36-month time 

limit of assistance for youth who are 

responsible for the care of a dependent 

child under the age of 6 or for the care 

of an incapacitated person; regularly 

and actively participating in a drug 

addiction or alcohol treatment and 

rehabilitation program; or incapable of 

complying with the requirement to 

participate in an FSS program or engage 

in education, workforce development, 

or employment activities, as applicable, 

due to a documented medical condition. 

This notice implements and provides 

guidance on the provisions of FSHO 

that are effective as of this notice’s 

effective date (see Section III). This 

notice also identifies the provisions of 

FSHO that were effective upon 

enactment (i.e., December 27, 2020) or 

otherwise already in effect and advises 

of actions that may or must be taken 

now to comply with the changes (see 

Section IV). Additionally, this notice 

identifies the provisions of FSHO that 

require further action from HUD to be 

implemented (see Section V). 

Through this notice, HUD also seeks 

public comment on certain provisions of 

FSHO. Specifically, HUD seeks public 

comment on the provisions of FSHO 

related to participation in an FSS 

program and engagement in education, 

workforce development, and 

employment activities and has included 

specific questions for public comment 

in each of these sections. While this 

notice implements these provisions, 

HUD is seeking public comment in 

order to determine whether future 

changes are necessary. HUD also 

welcomes public comment on any of the 

other provisions of this notice. All 

comments must be submitted using the 

two methods detailed above. 

II. Applicability (Section 103(d) of 

FSHO) 

Section 103(d) of FSHO made the 

provisions of FSHO applicable only to 

FUPY/FYI vouchers that were not in use 

on behalf of an assisted family as of the 

date of the enactment of FSHO (i.e., 

December 27, 2020). For FUPY/FYI 

tenant-based vouchers, the provisions of 

FSHO apply to eligible youth who first 

leased or leases a unit where the 

effective date of the HAP contract 

execution is after December 27, 2020. 

For FUPY/FYI project-based vouchers 

(PBVs), the provisions of FSHO apply to 

eligible youth who first entered or 

enters into a lease agreement for their 

PBV unit after December 27, 2020.456


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6Note that PHAs are prohibited from projectbasing FYI TPVs since FYI TPVs ‘‘sunset’’ (i.e., may 

not be reissued) when a youth leaves the program. 

The provisions of FSHO apply to FUPY/ 

FYI vouchers regardless of whether the 

PHA was awarded the voucher 

allocation before or after the enactment 

of FSHO as long as the youth first leased 

or leases a unit after the date of 

enactment of FSHO (i.e., December 27, 

2020). 

III. Provisions of FSHO Implemented 

Through This Notice 

A. Requirements To Extend Assistance 

for Youth Aging Out of Foster Care 

(Section 103(b)(1) of FSHO) 

i. Extension of Assistance 

Section 103(b)(1) of FSHO amended 

section 8(x) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(x)) to add a new 

paragraph (5), subparagraph (A), to 

provide an extension of FUPY/FYI 

assistance for youth who are 

participating in a Family SelfSufficiency (FSS) program under section 

23 of the U.S. Housing Act of 1937 (42 

U.S.C. 1437u) and for youth who are 

unable to enroll in an FSS program but 

who engaged in education, workforce 

development, or employment activities 

for at least 9 months of the 12-month 

period preceding the extension. Section 

103(b)(1) of FSHO also provides youth 

with an extension of FUPY/FYI 

assistance if they meet one of three 

statutory exceptions. These 

requirements for the extension of FUPY/ 

FYI assistance are described below. 

PHAs must inform FUPY/FYI youth 

of the provisions of FSHO that allow for 

an extension of FUPY/FYI assistance 

and the requirements that they must 

meet to receive such an extension 

during the family briefing (24 CFR 

982.301(a)). PHAs must also notify 

FUPY/FYI youth who were issued a 

voucher prior to the publication of this 

notice and first leased or leases a unit 

after 12/27/2020, to inform them of the 

availability of this extension of 

assistance and the requirements that 

they must meet to receive such an 

extension. PHAs should note that FSHO 

does not restart or otherwise impact the 

initial 36-month time limit of assistance 

for FUPY/FYI vouchers but does make 

FUPY/FYI youth who first leased or 

leases a unit after 12/27/2020 eligible 

for an extension of assistance of up to 

24 months. 

Through the publication of this 

notice, HUD is not establishing terms or 

conditions for meeting these 

requirements beyond those contained in 

the statute. HUD is providing PHAs 

with flexibility in applying these 

requirements and encourages PHAs to 

consider how they can provide 

extensions of FUPY/FYI assistance to 

the broadest population possible 

consistent with the statutory 

requirements. In accordance with 24 

CFR 982.54(a), PHAs must update their 

Administrative Plans to include written 

policies regarding how they will 

implement the following provisions of 

FSHO. HUD encourages PHAs to 

consult with their partnering PCWAs 

and other groups that work with foster 

youth when formulating their policies 

for implementing the requirements 

below. 

As one of the goals of FSHO is to help 

FUPY/FYI youth advance their 

education, improve their career and 

employment prospects, and build 

towards financial security, HUD 

encourages PHAs that do not currently 

administer an FSS program to start one 

by creating an FSS Action Plan pursuant 

to 24 CFR 984.201 and having it 

approved by their local HUD Field 

Office. The creation of an FSS program 

would allow FUPY/FYI youth who 

enroll in the FSS program to accrue 

funds in an escrow account, in 

accordance with 24 CFR 984.305. Youth 

may use these funds to invest further in 

their education, to build financial 

security, or to help achieve other life 

goals. 

(a) Extension of Assistance for Youth 

Participating in a Family SelfSufficiency Program 

An eligible youth who is participating 

in the Family Self-Sufficiency (FSS) 

program authorized under section 23 of 

the U.S. Housing Act of 1937 (42 U.S.C. 

1437u) is entitled to receive FUPY/FYI 

assistance for up to an additional 24 

months beyond the 36-month time limit 

of assistance as long as the youth is in 

compliance with the applicable terms 

and conditions of the FSS program set 

forth in section 23 of the U.S. Housing 

Act and the FSS program regulations at 

24 CFR part 984. 

Families cannot be required to 

participate in the FSS program as a 

condition of receipt of assistance under 

the HCV program, including FUPY/FYI 

assistance. However, only FUPY/FYI 

youth that sign an FSS Contract of 

Participation and comply with the 

requirements of the FSS program are 

entitled to receive an extension of the 

time limit for voucher assistance under 

this statutory provision. A FUPY/FYI 

youth must participate in the FSS 

program if it is available to them in 

order to receive the extension of the 

time limit for voucher assistance unless 

the youth meets one of the statutory 

exceptions described in paragraph (c) 

below. 

A PHA that carries out an FSS 

program must inform the FUPY/FYI 

youth of the availability of the FSS 

program at the time the voucher is 

issued and offer them an FSS slot, if 

available, or offer to place them on the 

FSS waiting list. The PHA must also 

notify FUPY/FYI youth who were 

issued a voucher prior to the 

publication of this notice and first 

leased or leases a unit after 12/27/2020, 

and offer them an FSS slot, if available, 

or offer to place them on the FSS 

waiting list. 

HUD has determined that if a PHA 

that carries out an FSS program is 

unable to offer a FUPY/FYI youth an 

FSS slot during their first 36 months of 

receiving FUPY/FYI assistance, the 

youth is considered to have been 

‘‘unable to enroll’’ in the program and 

may have their voucher extended by 

meeting the education, workforce 

development, or employment 

requirements in paragraph (b) below. In 

other words, a FUPY/FYI youth must 

accept an FSS slot if it is offered to them 

prior to the 36-month mark in order to 

receive an extension of assistance 

(unless the youth meets one of the 

statutory exceptions described in 

paragraph (c) below). If an FSS slot 

becomes available between the 36- 

month mark and the 48-month mark, the 

PHA must offer the slot to a FUPY/FYI 

youth who had their voucher extended 

based on meeting the education, 

workforce development, or employment 

requirement or one of the statutory 

exceptions (even if the youth previously 

declined an FSS slot because they met 

one of the statutory exceptions). The 

PHA must work with the youth to 

determine whether enrollment in FSS is 

feasible and in their best interest given 

any education, workforce development, 

or employment activities that the youth 

is engaged in and any statutory 

exceptions that apply to the youth, as 

well as the remaining time on their 

FUPY/FYI voucher. If the FUPY/FYI 

youth accepts the FSS slot, the PHA 

must work with the youth to establish 

Contract of Participation goals and an 

Individual Training and Services Plan 

(ITSP) that can be accomplished within 

the time period left on the FUPY/FYI 

voucher. The PHA may, but is not 

required to, offer a FUPY/FYI youth an 

FSS slot that becomes available between 

the 48-month mark and the 60-month 

mark, since the youth will have already 

received their second and final 

extension under FSHO. 

HUD is establishing this 36-month 

cut-off because it recognizes that it may 

not always be feasible or in the best 


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interest of the youth to enroll in an FSS 

program after the 36-month mark 

because of the limited time period of 

FUPY/FYI assistance. At that point, the 

FUPY/FYI youth will already be 

engaging in education, workforce 

development, or employment activities 

described in paragraph (b) below (unless 

they meet one of the statutory 

exceptions described in paragraph (c) 

below), and it may not be feasible to 

incorporate these activities into an FSS 

Contract of Participation for the 

remaining time period of the FUPY/FYI 

voucher. Therefore, a FUPY/FYI youth 

who met the alternative requirement 

described in paragraph (b) below or one 

of the statutory exceptions described in 

paragraph (c) below at the 36-month 

mark and received an extension of 

assistance on that basis may decline an 

FSS slot that is offered between the 36- 

month mark and the 48-month mark and 

meet the alternative requirements 

described in paragraph (b) below or one 

of the statutory exceptions descrbed in 

paragraph (c) below in order to receive 

an extension of assistance at the 48- 

month mark. 

A PHA may give a selection 

preference for up to 50 percent of their 

FSS program slots to families with a 

member already enrolled in, or on the 

waiting list for, an FSS-related service 

program (24 CFR 984.203). If a PHA 

chooses to establish a selection 

preference in its FSS program, the PHA 

may, but is not required to, create a 

selection preference for FUPY/FYI 

youth to help ensure that they are able 

to enroll in the program. This is allowed 

under 24 CFR 984.203 because the 

services provided through the PCWA or 

other parties as required by the FUPY/ 

FYI programs are considered an ‘‘FSS 

related service program.’’ FUPY/FYI 

youth participating in the services or 

who are on the waiting list for the 

services may be considered eligible for 

the preference. 

For FUPY/FYI youth who enroll in 

the FSS program, the PHA must comply 

with the regulations concerning the 

term of the FSS Contract of Participation 

at 24 CFR 984.303(c) and any extensions 

of that term at 24 CFR 984.303(d). 

However, since it will be known that the 

FUPY/FYI participant’s voucher will 

only be available for a specific period of 

time (not to exceed 60 months, total), 

the PHA’s FSS Program Coordinator 

must work with the FUPY/FYI youth to 

establish Contract of Participation goals 

and an ITSP that can be accomplished 

within the time period left on the 

FUPY/FYI voucher. For example, a 

FUPY/FYI youth who enrolls in FSS at 

the beginning of their first year of 

receiving FUPY/FYI assistance would 

have five years in the FSS program 

before the expiration of their FUPY/FYI 

assistance while a youth that enrolls in 

FSS at the beginning of their third year 

of receiving FUPY/FYI assistance would 

have 3 years in the FSS program before 

the expiration of their FUPY/FYI 

assistance. The PHA should also ensure 

that their FSS Action Plan reflects 

policies that allow for goals to be 

changed or added to the Contract of 

Participation in order to allow the youth 

to continue in the FSS program through 

the full Contract of Participation period 

in the case that the FUPY/FYI youth is 

later issued a regular voucher or if there 

is another type of change in rental 

assistance which allows for the youth to 

continue in FSS after the FUPY/FYI 

assistance has expired. 

If the PHA does not have an FSS 

program or if the FUPY/FYI youth has 

not been provided an opportunity to 

enroll in the FSS program during the 

first 24 months of FUPY/FYI assistance, 

HUD encourages the PHA to remind the 

youth at the 24-month reexamination of 

the education, workforce development, 

and employment requirements 

described in paragraph (b) below so that 

the youth has enough time to meet these 

requirements prior to the expiration of 

the 36-month time period for FUPY/FYI 

assistance. However, if the FUPY/FYI 

youth is later offered an FSS slot prior 

to the 36-month mark, the youth will be 

required to enroll in the FSS program in 

order to receive an extension of 

assistance at the end of the 36-month 

and 48-month time periods (unless they 

meet one of the statutory exceptions 

described in paragraph (c) below). If the 

FUPY/FYI youth is offered an FSS slot 

prior to the 36-month mark, the youth 

will not be considered to have been 

‘‘unable to enroll’’ in the FSS program, 

and, as a result, will not be eligible to 

receive an extension of assistance based 

on meeting the education, workforce 

development, or employment 

requirements described in paragraph (b) 

below. 

At the 36-month and 48-month 

reexaminations, the PHA must extend 

the FUPY/FYI voucher assistance if the 

youth is participating in and in 

compliance with the FSS program as 

long as the youth is still eligible for the 

HCV program. In any case, the FUPY/ 

FYI youth cannot receive more than a 

total of 60 months of FUPY/FYI voucher 

assistance even if the FSS Contract of 

Participation time period extends 

beyond the FUPY/FYI voucher 60- 

month mark. 

Question for Comment 

1. In order to receive an extension of 

FUPY/FYI assistance, should the cut-off 

for requiring a youth to enroll in the 

FSS program be the 36-month mark or 

is a different cut-off more appropriate 

based on the requirements of the FSS 

program? 

(b) Extension of Assistance for Youth 

Engaging in Education, Workforce 

Development, or Employment Activities 

If a PHA does not carry out an FSS 

program under section 23 the U.S. 

Housing Act of 1937 (42 U.S.C. 1437u) 

or the FUPY/FYI youth has been unable 

to enroll in the program during the first 

36 months of receiving FUPY/FYI 

assistance, the FUPY/FYI youth is 

entitled to receive an extension of 

FUPY/FYI assistance for up to two 

successive 12-month periods beyond the 

36-month time limit of assistance 

provided that the youth engaged in at 

least one of the education, workforce 

development, or employment activities 

below for not less than 9 months of the 

12-month period preceding each 

extension. 

In order to meet the 9-months out of 

the preceding 12-months requirement, 

the youth may have engaged in one of 

the education, workforce development, 

or employment activities described 

below or a combination of these 

activities. For example, a youth may 

have engaged in obtaining a recognized 

postsecondary credential at the 

beginning of the 12-month period, but 

then the youth obtained the credential 

and became employed later in the 12- 

month period. The youth may combine 

the time that they were engaged in 

obtaining a recognized postsecondary 

credential and the time that they were 

employed in order to meet the 9-months 

out of 12-months requirement. 

HUD notes that FSHO does not 

establish a minimum number of classes 

or credits that a youth must be enrolled 

in or a minimum number of hours that 

a youth must work in order to receive 

an extension of FUPY/FYI assistance 

under this provision. Conversely, FSHO 

does not prohibit a PHA from 

establishing such minimum 

requirements. Therefore, a PHA may, 

but is not required, to establish a 

minimum number of classes or credits 

that a youth must be enrolled in or a 

minimum number of hours that a youth 

must work in order to receive an 

extension of FUPY/FYI assistance under 

this provision. However, HUD strongly 

encourages PHAs to establish policies 

that provide extensions of FUPY/FYI 

assistance for youth that were engaged 

in such activities on a part-time basis as 

long as they meet the requirement to 

engage in such activities for not less 

than 9 months of the 12-month period 

preceding each extension. If a PHA 


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chooses to establish minimum 

requirements, HUD encourages the PHA 

to establish policies that would allow 

them to make exceptions to such 

requirements for circumstances beyond 

the youth’s control. 

For example, a PHA may establish a 

requirement that a youth must be 

enrolled in education activities on at 

least a halftime basis but may make 

exceptions to this requirement if the 

youth is unable to enroll in a sufficient 

number of classes due to a lack of 

course offerings by the educational 

institution where the youth is enrolled. 

Similarly, a PHA may establish a 

requirement that a youth must work a 

minimum number of hours per week but 

may make exceptions to this 

requirement if the youth’s hours are 

reduced due to circumstances beyond 

their control or the youth must 

temporarily reduce their work hours 

due to a family emergency. A PHA’s 

policies implementing its education, 

workforce development, and 

employment requirements must be 

included in its Administrative Plan, in 

accordance with the procedures set 

forth in 24 CFR 903.21. 

Education Requirements 

• The youth was engaged in obtaining 

a recognized postsecondary credential 

or a secondary school diploma or its 

recognized equivalent. 

A PHA may use the definitions of 

‘‘recognized postsecondary credential’’ 

and ‘‘secondary school diploma or its 

recognized equivalent’’ under the 

Workforce Innovation and Opportunity 

Act (WIOA). 

WIOA defines a ‘‘recognized 

postsecondary credential’’ as a 

credential consisting of an industryrecognized certificate or certification, a 

certificate of completion of an 

apprenticeship, a license recognized by 

the State involved or Federal 

Government, or an associate or 

baccalaureate degree (29 U.S.C. 3102). 

Examples of a ‘‘recognized 

postsecondary credential’’ include, but 

are not limited to, an associate’s degree, 

bachelor’s degree, occupational 

licensure, or occupational certification 

(see U.S. Department of Labor, Training 

and Employment Guidance Letter No. 

10–16, Change 1). 

For the purpose of WIOA, the U.S. 

Department of Labor defines a 

‘‘secondary school diploma or its 

recognized equivalent’’ as a secondary 

school diploma (or alternate diploma) 

that is recognized by a State and that is 

included for accountability purposes 

under the Elementary and Secondary 

Education Act of 1965 (ESEA), as 

amended by the Every Student Succeeds 

Act (ESSA). A secondary school 

equivalency certification signifies that a 

student has completed the requirement 

for a high school education. Examples of 

a ‘‘secondary school diploma or its 

recognized equivalent’’ include, but are 

not limited to, obtaining certification of 

attaining passing scores on a Staterecognized high school equivalency test, 

earning a secondary school diploma or 

State-recognized equivalent, or 

obtaining certification of passing a 

State-recognized competency-based 

assessment. 

• The youth was enrolled in an 

‘‘institution of higher education,’’ as 

such term is defined in section 101(a) of 

the Higher Education Act of 1965 (20 

U.S.C. 1001(a)) or an institution that 

meets the definition of a ‘‘proprietary 

institution of higher education’’ or a 

‘‘postsecondary vocational institution’’ 

under sections 102(b)(1) and (c)(1) of the 

Higher Education Act of 1965 (20 U.S.C. 

1002(b)(1) and (c)(1)), respectively. 

Workforce Development Requirements 

• The youth was participating in a 

career pathway, as such term is defined 

in section 3 of the Workforce Innovation 

and Opportunity Act (29 U.S.C. 3102). 

Employment Requirements 

• The youth was employed. 

Questions for Comment 

2. Should HUD establish a minimum 

number of classes or credits that a youth 

must be enrolled in or a minimum 

number of hours that a youth must work 

in order to receive an extension of 

FUPY/FYI assistance under this 

provision? 

3. Should HUD establish a maximum 

number of classes or credits or a 

maximum number of work hours that a 

PHA may require in order for a youth 

to receive an extension of FUPY/FYI 

assistance under this provision? 

(c) Extension of Assistance Exceptions 

A FUPY/FYI youth will be entitled to 

receive an extension of their FUPY/FYI 

assistance for up to 24 months beyond 

the 36-month time limit of assistance if 

they certify that they meet one of the 

exceptions below. 

• The FUPY/FYI youth is a parent or 

other household member responsible for 

the care of a dependent child under the 

age of 6 or for the care of an 

incapacitated person. 

HUD is not defining the term 

‘‘incapacitated person’’ but is providing 

PHAs with flexibility in applying this 

requirement. PHAs may choose to apply 

the definition of ‘‘incapacitated person’’ 

that has been established under state or 

local law. HUD encourages PHAs to 

apply this exception in a manner that 

provides extensions of FUPY/FYI 

assistance to the broadest population 

possible consistent with the statutory 

requirements. 

FSHO does not require that the child 

or incapacitated person reside in the 

household in order for the FUPY/FYI 

youth to certify that they meet this 

exception. For example, a FUPY/FYI 

youth may submit this certification on 

the basis that they are responsible for 

the care of a dependent child under the 

age of 6 even if the child resides in the 

household only part of the time due to 

a shared custody arrangement. 

Similarly, a FUPY/FYI youth may 

submit this certification on the basis 

that they are responsible for the care of 

an incapacitated person, such as an 

elderly relative, even if the 

incapacitated person does not reside in 

the household. 

• The FUPY/FYI youth is a person 

who is regularly and actively 

participating in a drug addiction or 

alcohol treatment and rehabilitation 

program. 

• The FUPY/FYI youth is a person 

who is incapable of complying with the 

requirement to participate in a Family 

Self-Sufficiency (FSS) program as 

described in paragraph (a) above or 

engage in education, workforce 

development, or employment activities 

as described in paragraph (b) above, as 

applicable, due to a documented 

medical condition. 

HUD is not defining the types of 

medical conditions that may meet this 

requirement but is providing PHAs with 

flexibility in applying this requirement. 

HUD encourages PHAs to apply this 

exception in a manner that provides 

extensions of FUPY/FYI assistance to 

the broadest population possible 

consistent with the statutory 

requirements. 

A FUPY/FYI youth that meets one of 

these exceptions must still be offered an 

opportunity to enroll in FSS (if it is 

available to them) and receive any 

supportive services available to FUPY/ 

FYI youth, including those described in 

section III.B. of this document. A FUPY/ 

FYI youth may choose to participate in 

an FSS program or engage in education, 

workforce development, or employment 

activities even if they meet one of these 

statutory exceptions. 

ii. Verification of Compliance 

In order to extend the FUPY/FYI 

assistance for an eligible youth beyond 

the 36-month time period, the PHA 

must determine that the youth meets 

one of the statutory conditions 

described in paragraphs III(A)(i)(a), (b), 

or (c) above. Section 103(b)(1) of FSHO 


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7HUD encourages PHAs to ensure that any 

written notification that is sent to the FUPY/FYI 

youth only includes the statutory conditions that 

are available to them. Specifically, the PHA should 

be mindful that the education, workforce 

development, and employment requirement 

described in paragraph III(A)(i)(b) above is only 

available to FUPY/FYI youth who are unable to 

enroll in the FSS program. 

requires that the PHA verify that the 

FUPY/FYI youth meets one of these 

statutory conditions on an annual basis 

in conjunction with reviews for 

determining income eligibility for the 

HCV program (24 CFR 982.516). In order 

to provide an extension of assistance, 

the PHA would need to verify 

compliance with these requirements at 

the end of the 36-month time period and 

the 48-month time period of FUPY/FYI 

assistance. The PHA does not need to 

verify compliance with these 

requirements at the end of the 60-month 

time period since the maximum length 

of assistance is 60 months. 

HUD notes that since FUPY/FYI 

vouchers are limited to 36 months, a 

PHA will only need to conduct an 

annual reexamination of the FUPY/FYI 

youth at the end of the 36-month time 

period and the 48-month time period if 

the youth meets one of the statutory 

conditions that allow for the extension 

of FUPY/FYI assistance. Therefore, the 

PHA may wish to time its verification of 

compliance process in advance of the 

annual reexamination process. The PHA 

should ensure that it provides sufficient 

time for the FUPY/FYI youth to 

demonstrate that they meet one of these 

statutory conditions and for the PHA to 

conduct an annual reexamination prior 

to the expiration of the FUPY/FYI 

assistance. 

Since the PHA only needs to verify 

compliance with the statutory 

conditions described in paragraphs 

III(A)(i)(a), (b), or (c) above on an annual 

basis (i.e., at the end of the 36-month 

time period and the 48-month time 

period), the failure of a FUPY/FYI youth 

to meet one of these statutory conditions 

would only impact their ability to 

receive a subsequent extension of 

FUPY/FYI assistance; it would not serve 

as a basis for terminating the FUPY/FYI 

assistance prior to the annual 

reexamination. This does not affect the 

ability of the PHA to terminate FUPY/ 

FYI assistance in accordance with 24 

CFR 982.552. 

Furthermore, a FUPY/FYI youth who 

received an extension of voucher 

assistance at the end of the 36-month 

time period based on meeting one of 

these statutory conditions does not have 

to meet this same statutory condition 

when they reach the end of the 48- 

month time period. The FUPY/FYI 

youth may demonstrate that they meet 

a different condition in order to receive 

an extension of their assistance. 

For example, a FUPY/FYI youth 

received an extension of voucher 

assistance at the end of the 36-month 

time period based on their certification 

that they were caring for a child under 

the age of 6. However, at the 48-month 

reexamination, the child is no longer 

under the age of 6. The FUPY/FYI youth 

must be given an opportunity to show 

that they meet a different condition in 

order to receive an extension of their 

assistance. 

To verify compliance with the 

statutory conditions described in 

paragraphs III(A)(i)(a), (b), or (c) above, 

the PHA must conduct the following 

activities, as applicable, prior to the end 

of the 36-month time period and 48- 

month time period: 

(a) Verification of Compliance for Youth 

Participating in a Family SelfSufficiency Program 

To verify compliance with the FSS 

requirement described in paragraph 

III(A)(i)(a) above, the PHA must 

examine its records to confirm, or obtain 

confirmation from the PHA’s FSS 

program staff, that the FUPY/FYI 

participant is in compliance with FSS 

program requirements and has not been 

terminated from the FSS program. 

(b) Verification of Compliance for Youth 

Who Engage in Education, Workforce 

Development, or Employment Activities 

or Who Meet One of the Statutory 

Exceptions 

To verify compliance with the 

education, workforce development, or 

employment requirement described in 

paragraph III(A)(i)(b) above or one of the 

statutory exceptions described in 

paragraph III(A)(i)(c) above, the PHA 

must provide the FUPY/FYI youth 

written notification informing them that 

they may receive an extension of their 

FUPY/FYI assistance if they meet one of 

the statutory conditions described in 

paragraphs III(A)(i)(b) and (c) above and 

providing instructions on how the youth 

may demonstrate that they meet one of 

these conditions.7 This notification 

must be provided sufficiently in 

advance of the end of the 36-month time 

period or 48-month time period, as 

applicable, to allow the FUPY/FYI 

youth to demonstrate that they meet one 

of these statutory conditions and for the 

PHA to conduct an annual 

reexamination prior to the expiration of 

the FUPY/FYI assistance. When 

necessary, the PHA must provide this 

notification in a format accessible to 

FUPY/FYI youth with disabilities (see 

24 CFR 8.6) and in a translated format 

for FUPY/FYI youth with limited 

English proficiency (see 24 CFR 

1.4(b)(2)(i); 72 FR 2731). 

In order for the FUPY/FYI youth to 

meet the education, workforce 

development, or employment 

requirement described in paragraph 

III(A)(i)(b) above, the youth must 

demonstrate to the PHA that they were 

engaged in at least one education, 

workforce development, or employment 

activity for at least 9 months of the 12- 

month period immediately preceding 

the end of 36-month or 48-month time 

period, as applicable. Due to the timing 

of when the PHA verifies compliance 

and conducts the annual reexamination, 

the FUPY/FYI youth may have not yet 

met the 9-month requirement but may 

be able to demonstrate that they will 

meet the 9-month requirement as of the 

end of the 36-month or 48-month time 

period. In such cases, the FUPY/FYI 

youth will still be considered to have 

met the requirements of paragraph 

III(A)(i)(b). In order for the FUPY/FYI 

youth to meet one of the statutory 

exceptions described in paragraph 

III(A)(i)(c) above, the youth must submit 

a certification to the PHA that they meet 

one of these exceptions. This 

certification is the only documentation 

that the FUPY/FYI youth must submit 

in order to demonstrate that they meet 

one of these exceptions. 

If the PHA determines that the youth 

meets one of the statutory conditions 

described in paragraphs III(A)(i)(a), (b), 

or (c) above, the PHA would then 

conduct an annual reexamination. If the 

annual reexamination determines that 

the youth is still eligible for the HCV 

program, the PHA must provide the 

FUPY/FYI youth the extension of 

voucher assistance in accordance with 

the applicable statutory provision. 

If the FUPY/FYI youth does not meet 

any of the statutory conditions 

described in paragraphs III(A)(i)(a), (b), 

and (c) above, the youth is subject to the 

statutory time limit of 36 months or the 

time limit of any extension that the 

youth has already received, and the 

FUPY/FYI voucher must be terminated 

once the youth reaches this time limit. 

The calculation of the time limit begins 

from the date the first HAP contract is 

signed (for tenant-based vouchers) or 

from the date the youth entered into the 

initial lease agreement (for project-based 

vouchers). Note that the number of 

months is calculated based on the 

number of months that HAP subsidy is 

being paid on behalf of the youth, not 

the number of months that the youth is 

in the FUPY/FYI program. Prior to 

termination, the PHA must offer the 

FUPY/FYI youth the opportunity to 

request an informal hearing, in 

accordance with 24 CFR 982.555 and 


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8Section 3 of WIOA (29 U.S.C. 3102) also 

includes ‘‘housing’’ in its definition of ‘‘supportive 

services.’’ However, housing would not be 

considered a supportive service under the FUPY/ 

FYI program. 

the procedures set forth in its 

Administrative Plan. 

B. Supportive Services (Section 

103(b)(1) of FSHO) 

Section 103(b)(1) of FSHO amended 

section 8(x) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(x)) to add a new 

paragraph (5), subparagraph (B), that 

makes FUPY/FYI youth eligible for any 

supportive services (as such term is 

defined in section 3 of the Workforce 

Innovation and Opportunity Act 

(WIOA) (29 U.S.C. 3102)) made 

available in connection with any 

housing assistance program of the PHA, 

by or through the PHA. Section 3 of 

WIOA defines supportive services as 

services, such as transportation, child 

care, dependent care, and needs-related 

payments, that are necessary to enable 

an individual to participate in activities 

authorized under WIOA.8 This 

subparagraph also requires the PHA to 

inform the youth of the existence of 

such programs or services and of their 

eligibility for such programs and 

services upon initial provision of FUPY/ 

FYI assistance. 

The FUP program already requires 

that the PHA’s partnering PCWA(s) offer 

a range of supportive services to eligible 

youth for the period defined in the 

notice or NOFA/O for which the 

funding was made available. FSHO does 

not change these existing requirements 

but requires that the PHA make 

available to FUPY/FYI youth any 

supportive services that are made 

available in connection with any other 

housing assistance program of the PHA, 

by or through the PHA. However, this 

provision of FSHO does not supersede 

any eligibility requirements for the 

supportive services that are made 

available in connection with any other 

housing assistance program of the PHA, 

by or through the PHA. 

At the time the FUPY/FYI voucher is 

issued to an eligible youth, the PHA 

must inform the youth of the FUPY/FYI 

supportive services available to them, 

the existence of any other programs or 

services, and their eligibility for such 

programs and services. The PHA must 

provide this information as part of the 

family briefing pursuant to 24 CFR 

982.301(a). However, participation in 

supportive services cannot be required 

as a condition of receiving FUPY/FYI 

assistance. 

C. Applicability to Moving to Work 

Agencies (Section 103(b)(1) of FSHO) 

Section 103(b)(1) of FSHO amended 

section 8(x) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(x)) to add a new 

paragraph (5), subparagraph (C), to 

allow Moving to Work (MTW) agencies 

to establish alternative terms, 

conditions, or requirements for the 

extension of FUPY/FYI assistance. For 

example, an MTW agency may provide 

an extension of FUPY/FYI assistance for 

youth participating in a local MTW selfsufficiency program in lieu of 

participating in an FSS program under 

section 23 of the U.S. Housing Act. Note 

that an MTW agency may only waive or 

modify the terms, conditions, or 

requirements to receive an extension of 

FUPY/FYI assistance, not the length of 

the extension of assistance. An MTW 

agency also may not waive or modify 

the exceptions under which a youth 

who does not meet the requirement to 

participate in an FSS program as 

described in paragraph III(A)(i)(a) of this 

document or engage in education, 

workforce development, or employment 

activities as described in paragraph 

III(A)(i)(b) of this document, as 

applicable, may receive an extension of 

FUPY/FYI assistance. 

Any alternative terms, conditions, and 

requirements for the extension of FUPY/ 

FYI assistance must be included in the 

Annual MTW Plan (for initial agencies) 

or the MTW Supplement to the PHA 

Plan (for expansion agencies). If an 

MTW PHA’s Annual MTW Plan or 

MTW Supplement to the Annual PHA 

Plan does not include alternative terms, 

then the policies set forth in this Notice 

will apply to the MTW PHA. Further, 

FUPY/FYI vouchers are not eligible for 

funding fungibility under the Standard 

MTW Agreement or MTW Amendment 

to the Annual Contributions Contract. 

D. Termination of Vouchers Upon 

Turnover (Section 103(b)(1) of FSHO) 

Section 103(b)(1) of FSHO amended 

section 8(x) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(x)) to add a new 

paragraph (5), subparagraph (D), to 

prohibit a PHA from reissuing a FUPY/ 

FYI voucher when assistance for the 

youth initially assisted is terminated, 

unless specifically authorized by the 

Secretary. 

This provision of FSHO prohibiting 

the reissuance of vouchers upon 

turnover does not affect FUPY/FYI 

vouchers funded by an appropriations 

Act that specified such vouchers be 

reissued to eligible youth upon 

turnover. Currently, the appropriations 

Acts for FUPY/FYI require that 

vouchers be made available to eligible 

recipients upon turnover (except for FYI 

TPVs awarded under Notice PIH 2019– 

20, which cannot be reissued when the 

youth exits the HCV program). For 

FUPY/FYI vouchers (except FYI TPVs), 

PHAs are currently required to notify 

HUD if it determines that it no longer 

has an identified need for a FUPY/FYI 

voucher upon turnover, so HUD can 

recapture the assistance and reallocate it 

to a PHA with an identified need. If 

there are changes to this requirement in 

future FUPY/FYI appropriations Acts, 

HUD will provide guidance at that time. 

IV. Provisions of FSHO Effective Upon 

Enactment or Otherwise Already in 

Effect 

A. Definition of Family (Section 103(a) 

of FSHO) 

Section 103(a) of FSHO amended the 

definition of ‘‘family’’ at section 

3(b)(3)(A) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437a(b)(3)(A)) to 

clarify that a family may include 

families consisting of a single person 

who is a youth described in section 

8(x)(2)(B) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(x)(2)(B)). 

Implementation Action. This statutory 

change was effective as of the date of 

enactment of FSHO (i.e., December 27, 

2020). This document serves as notice to 

PHAs that the definition of family in the 

PHA’s Administrative Plan must reflect 

this statutory change (24 CFR 

982.54(d)(4)(i)). At a later date, HUD 

will undertake conforming rulemaking 

to revise its regulations to reflect this 

statutory change. 

B. Allocation of Assistance for Youth 

Aging Out of Foster Care (Section 

103(b)(1) of FSHO) 

Section 103(b)(1) of FSHO amended 

section 8(x)(3) of the U.S. Housing Act 

of 1937 to require that the Secretary, 

subject only to the availability of funds, 

allocate FUPY/FYI assistance to any 

PHA that (1) administers FUPY/FYI 

assistance or seeks to administer such 

assistance, consistent with procedures 

established by the Secretary, (2) has 

requested FUPY/FYI assistance so that 

they may provide timely assistance to 

eligible youth, and (3) has submitted to 

the Secretary a statement describing 

how it will connect assisted youths with 

local community resources and selfsufficiency services, to the extent they 

are available, and obtain referrals from 

PCWAs regarding youths in foster care 

who become eligible for FUPY/FYI 

assistance. 

Implementation Action. The 

Consolidated Appropriations Act, 2021, 

(Pub. L. 116–260) and the Further 

Consolidated Appropriations Act, 2020, 


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(Pub. L. 116–94) made funding available 

to provide HCV assistance on a noncompetitive basis for eligible youth 

under section 8(x) of the U.S. Housing 

Act of 1937. HUD made this funding 

available through Notices PIH 2020–28 

and PIH 2021–26. These notices set 

forth application requirements that are 

consistent with this provision of FSHO. 

C. Reports (Section 103(b)(1) of FSHO) 

Section 103(b)(1) of FSHO amended 

section 8(x) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(x)) to add a new 

paragraph (5), subparagraph (E)(i)(I), to 

require that PHAs report the number of 

persons on whose behalf FUPY/FYI 

assistance was provided during the 

fiscal year. 

Implementation Action. PHAs are 

already required to report this 

information in the Public Information 

Center (PIC). PHAs must use a special 

program code for FUPY/FYI voucher 

participants in line 2n of the Family 

Report (form HUD–50058) or line 2p of 

the MTW Family Report (form HUD– 

50058–MTW), as applicable. If the 

voucher is issued as part of FUP, the 

special program code is ‘‘FUPY.’’ If the 

voucher is issued as part of FYI, the 

special program code is ‘‘FYI,’’ except 

for FYI TPVs, whose special program 

code is ‘‘FYITPV.’’ 

D. Exceptions to Limitations for ProjectBased Voucher (PBV) Assistance 

(Section 103(c) of FSHO) 

Section 103(c) of FSHO amended the 

percentage limitation at section 

8(o)(13)(B)(ii) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(o)(13)(B)(ii)) and 

the income-mixing requirement at 

section 8(o)(13)(D)(ii)(I) of the U.S. 

Housing Act (42 U.S.C. 

1437f(o)(13)(D)(ii)(I)) for units that 

house eligible youth receiving FUPY/ 

FYI assistance. Note that this section is 

not applicable to FYI TPVs that were 

awarded under Notice PIH 2019–20, 

since PHAs are prohibited from projectbasing FYI TPVs. 

While FUP vouchers (not including 

FYI vouchers) can be used for either 

families or youth, a PBV unit may only 

be covered by these amendments to the 

percentage limitation and incomemixing requirement if the FUP PBV 

assistance is provided on behalf of an 

eligible youth. Therefore, the HAP 

contract must specify that the PBV unit 

is specifically made available to FUP 

youth in order for the unit to be 

covered. In order to make PBV units 

specifically available to FUP youth, the 

PHA must determine that such a 

limitation is consistent with the local 

housing needs of both eligible FUP 

populations (i.e., families and youth) 

and maintain documentation to support 

this determination. The PHA must also 

amend its Administrative Plan to 

include the limitation of these FUP PBV 

units to eligible youth. Since FYI 

vouchers are already limited to youth, 

the PHA does not need to take these 

steps in order to project-base FYI 

vouchers under this new percentage 

limitation and income-mixing 

requirement authority. 

(i) Section 103(c)(1), Percentage 

Limitation 

Section 103(c)(1) of FSHO amended 

the percentage limitation at section 

8(o)(13)(B)(ii) of the U.S. Housing Act of 

1937 to make units that house eligible 

youth receiving FUPY/FYI assistance an 

eligible category of units where a PHA 

is permitted to project-base additional 

vouchers above the 20 percent PBV 

program limitation. Section 

8(o)(13)(B)(ii) of the U.S. Housing Act of 

1937, as amended by section 106(a)(2) of 

the Housing Opportunity Through 

Modernization Act of 2016, Public Law 

114–201, 130 Stat. 782 (HOTMA), 

allows a PHA to project-base an 

additional 10 percent of its units above 

the 20 percent program limit, provided 

those additional units fall into one of 

the following categories: (1) The units 

are specifically made available to house 

individuals and families that meet the 

definition of homeless under section 

103 of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11302); (2) 

The units are specifically made 

available to house families that are 

comprised of or include a veteran; (3) 

The units provide supportive housing to 

persons with disabilities or to elderly 

persons; (4) The units are located in a 

census tract with a poverty rate of 20 

percent or less, as determined in the 

most recent American Community 

Survey 5-Year Estimates. Pursuant to 

section 103(c)(1) of FSHO, this list of 

categories now includes units that 

house eligible youth receiving FUPY/ 

FYI assistance. 

Implementation Action. The 

provision of HOTMA that amended 

section 8(o)(13)(B)(ii) of the U.S. 

Housing Act of 1937 to allow for a 10 

percent increase in project-based 

vouchers for certain categories of units 

was implemented via a Federal Register 

notice, 82 FR 5458 (January 18, 2017) 

(‘‘HOTMA January 18, 2017, Notice’’), 

and the subsequent amendment, 82 FR 

32461 (July 14, 2017) (‘‘HOTMA July 14, 

2017, Notice’’). HUD subsequently 

issued guidance on HOTMA 

implementation in Notice PIH 2017–21. 

Under section II.C.2.B. of the HOTMA 

January 18, 2017, Notice, a PHA that 

wishes to add PBV units under the 10 

percent exception authority must 

submit certain information to HUD. 

This statutory change making units 

that house eligible youth receiving 

FUPY/FYI assistance eligible for the 10 

percent increase in the program cap was 

effective as of the date of enactment of 

FSHO (i.e., December 27, 2020) and 

applies to vouchers that were not in use 

on behalf of an assisted family as of 

December 27, 2020. A PHA that wishes 

to add PBV units that house eligible 

youth receiving FUPY/FYI assistance 

under the 10 percent exception 

authority must submit the information 

required under section II.C.2.B. of the 

HOTMA January 18, 2017, Notice to 

HUD. A PHA may amend a previous 

submission under section II.C.2.B. that 

is currently in process if it wants to 

include units that house eligible youth 

receiving FUPY/FYI assistance under 

the 10 percent exception authority. 

A PHA need not meet the 20 percent 

program cap before it can designate 

eligible units for the 10 percent 

exception category. For example, if a 

PHA has project-based 10 percent of its 

units under the percentage limitation 

and wants to project-base 5 percent of 

its units under the 10 percent exception 

category, it may do so. This PHA would 

have 10 percent remaining under the 

percentage limitation and 5 percent 

remaining under the 10 percent 

exception authority. A PHA proposal 

that would result in the PHA exceeding 

either the 20 percent program cap or the 

10 percent exception from the program 

cap will be rejected by the HUD field 

office. As long as a PHA has not 

exceeded the 30 percent limit, it may 

amend its proposal by moving units 

from one category to the other, provided 

that only eligible units are counted 

toward the 10 percent exception from 

the program cap. 

PBV units that house eligible youth 

receiving FUPY/FYI assistance may 

only be covered by this 10 percent 

exception authority if the units are 

under a HAP contract that became 

effective after December 27, 2020, and if 

the unit is occupied by an eligible youth 

receiving FUPY/FYI assistance. Units 

added after December 27, 2020, through 

an amendment of a HAP contract that 

became effective after December 27, 

2020, are eligible for this 10 percent 

exception authority. In contrast, units 

added after December 27, 2020, through 

an amendment of a HAP contract that 

became effective on or prior to 

December 27, 2020, are not eligible for 

this 10 percent exception authority. 

The PBV unit specifically made 

available to FUPY/FYI youth, as 

applicable, will apply under the 10 

percent exception authority as long as 


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3578 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 

9As amended by HOTMA (see HOTMA January 

18, 2017 Notice; Notice PIH 2017–21 Att. J). 

an eligible youth receiving FUPY/FYI 

assistance resides in the unit. Therefore, 

prior to project-basing a FUPY/FYI 

voucher under this 10 percent exception 

authority, the PHA must plan for how 

it will maintain compliance with this 10 

percent exception authority once the 

FUPY/FYI assistance has expired for a 

particular youth who has leased the 

unit. In order for the unit to remain 

under the FUPY/FYI exception 

authority, the youth must vacate the 

unit once their FUPY/FYI assistance has 

expired and the owner must lease the 

unit to another FUPY/FYI youth. If the 

youth does not move from the unit upon 

the expiration of their FUPY/FYI 

assistance, at that time the PHA must 

take one of the following actions since 

the unit no longer qualifies for the 

FUPY/FYI exception authority: 

• Remove the unit from the HAP 

contract. The PHA would remove the 

unit from the HAP contract if the youth 

remains in the unit without assistance 

or with non-FUPY/FYI tenant-based 

assistance. The unit may be added back 

to the contract per 24 CFR 983.207(b) 9

if the youth later moves from the unit; 

• Amend the HAP contract to 

substitute the youth’s current unit for 

another unit in the building if it is 

possible to do so in accordance with 24 

CFR 983.207(a). Such a substitution will 

result in the other unit in the building 

being covered by the FUPY/FYI 10 

percent exception authority. A PHA 

may, but is not required to, in 

conjunction with such substitution add 

the youth’s current unit to the HAP 

contract if it is possible to do so in 

accordance with 24 CFR 983.207(b), as 

amended by HOTMA, including that 

such addition does not cause the PHA 

to exceed the program limitation or 

become non-compliant with the incomemixing requirement (as described in the 

following section). If the youth’s current 

unit is not added to the HAP contract, 

the youth may remain in the unit 

without assistance or with non-FUPY/ 

FYI tenant-based assistance; or 

• Change the 10 percent exception 

authority category from FUPY/FYI to 

one of the other 10 percent exception 

categories if the FUPY/FYI youth, or the 

unit, happens to qualify for it, so long 

as the change is allowable under the 

income-mixing requirement (as 

described in the following section). 

A PHA may only allow the youth to 

remain in the unit with non-FUPY/FYI 

HCV assistance (either tenant-based or 

project-based, as applicable) if the youth 

was selected from the applicable 

waiting list in accordance with the 

policies set forth in the PHA’s 

Administrative Plan. A PHA may, but is 

not required to, create a preference 

applicable to the PHA’s regular HCV 

and/or PBV waiting lists for persons 

whose FUPY/FYI assistance is expiring 

and will have a lack of adequate 

housing as a result of their termination 

from the program, or other similar 

category. However, as noted above, the 

unit will no longer qualify for the 

FUPY/FYI exception category if the 

youth remains in the unit with another 

form of HCV assistance after their 

FUPY/FYI assistance has expired. 

At a later date, HUD will undertake 

conforming rulemaking to revise its 

regulations to reflect this statutory 

change. 

(ii) Section 103(c)(2), Income-Mixing 

Requirement 

Section 103(c)(2) of FSHO amended 

the income-mixing requirement (i.e., the 

project cap) at section 8(o)(13)(D)(ii)(I) 

of the U.S. Housing Act of 1937 to 

except units that are exclusively made 

available to youth receiving FUPY/FYI 

assistance from the cap on the number 

of PBV units in a project. Section 

8(o)(13)(D)(ii)(I) of the U.S. Housing Act, 

as amended by section 106(a)(3) of 

HOTMA, generally limits the number of 

PBV units in a project to the greater of 

25 units or 25 percent of the units in the 

project. Under HOTMA, units that are in 

one of the following categories are 

excluded from the 25 percent or 25-unit 

project cap on PBV assistance: (1) Units 

exclusively serving elderly families (as 

such term is defined in 24 CFR 5.403); 

or (2) Units housing households eligible 

for supportive services available to all 

families receiving PBV assistance in the 

project. Pursuant to section 103(c)(2) of 

FSHO, this list of categories now 

includes units that are exclusively made 

available to eligible youth receiving 

FUPY/FYI assistance. 

Implementation Action. The 

provision of HOTMA that amended 

section 8(o)(13)(D)(ii)(I) of the U.S. 

Housing Act of 1937 to except certain 

categories of units from the project cap 

was implemented via the HOTMA 

January 18, 2017, Notice and amended 

in the HOTMA July 14, 2017, Notice. 

HUD subsequently issued guidance on 

HOTMA implementation in Notice PIH 

2017–21. Under section II.C.3.A. of the 

HOTMA January 18, 2017, Notice, 

owners under HAP contracts already in 

effect prior to the effective date of the 

HOTMA January 18, 2017, Notice (i.e., 

April 18, 2017) are still obligated by the 

terms of those HAP contracts with 

respect to the requirements that apply to 

the number of excepted units in a 

multifamily project. The owner must 

continue to designate the same number 

of contract units and assist the same 

number of excepted families as 

provided under the HAP contract during 

the remaining term of the HAP contract 

unless the owner and the PHA mutually 

agree to change those requirements. 

This statutory change excepting units 

that are exclusively made available to 

youth receiving FUPY/FYI assistance 

from the project cap was effective as of 

the date of enactment of FSHO (i.e., 

December 27, 2020) and applies to 

vouchers that were not in use on behalf 

of an assisted family as of December 27, 

2020. Therefore, units exclusively made 

available to youth receiving FUPY/FYI 

assistance may be excepted from the 

project cap for HAP contracts first 

effective after December 27, 2020. 

Consistent with the effect on existing 

contracts in the implementation of the 

HOTMA provision on units exclusively 

made available to certain families, 

owners under HAP contracts already in 

effect on or prior to December 27, 2020, 

are still obligated by the terms of those 

HAP contracts with respect to the 

requirements that apply to the number 

of excepted units in a multifamily 

project. The owner must continue to 

designate the same number of contract 

units and assist the same number of 

excepted families as provided under the 

HAP contract during the remaining term 

of the HAP contract unless the owner 

and the PHA mutually agree to change 

those requirements. The PHA and 

owner may agree by mutual consent to 

change the terms of a HAP contract 

already in effect as it pertains to the 

exception category of units exclusively 

made available to youth receiving 

FUPY/FYI assistance (i.e., a PHA and 

owner may agree to add excepted units 

exclusively made available to FUPY/FYI 

youth to an existing HAP contract or 

change the exception category of a 

current excepted unit to be a unit 

exclusively made available to FUPY/FYI 

youth). The PBV HAP contract may not 

be changed to include units exclusively 

made available to youth receiving 

FUPY/FYI assistance if the change 

would jeopardize an assisted family’s 

eligibility for continued assistance at the 

project. 

Excepted PBV units exclusively made 

available to FUPY/FYI youth, as 

applicable, qualify as excepted as long 

as an eligible youth receiving FUPY/FYI 

assistance resides in the unit. Therefore, 

prior to entering into a HAP contract 

that includes FUPY/FYI excepted units, 

the PHA must plan for how it will 

maintain compliance with the 

requirements for excepted units once 

the FUPY/FYI assistance has expired for 

a particular youth who has leased the 


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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 3579 

10As amended by HOTMA (see HOTMA January 

18, 2017 Notice; Notice PIH 2017–21 Att. J). 

unit. In order for the unit to remain 

under the FUPY/FYI excepted unit 

category, the youth must vacate the unit 

once their FUPY/FYI assistance has 

expired and the owner must lease the 

unit to another FUPY/FYI youth. If the 

youth does not move from the unit upon 

the expiration of their FUPY/FYI 

assistance, at that time the PHA must 

take one of the following actions in 

order to maintain compliance with the 

income-mixing requirement: 

• Remove the unit from the HAP 

contract. The PHA would remove the 

unit from the HAP contract if the youth 

remains in the unit without assistance 

or with non-FUPY/FYI tenant-based 

assistance. The unit may be added back 

to the contract per 24 CFR 983.207(b) 10

if the youth later moves from the unit; 

• Amend the HAP contract to 

substitute the youth’s current unit for 

another unit in the building if it is 

possible to do so in accordance with 24 

CFR 983.207(a). Such a substitution will 

result in the other unit in the building 

being covered by the FUPY/FYI 

excepted unit category. A PHA may, but 

is not required to, in conjunction with 

such substitution add the youth’s 

current unit to the HAP contract if it is 

possible to do so in accordance with 24 

CFR 983.207(b), as amended by 

HOTMA, including that such addition 

does not cause the PHA to exceed the 

program limitation or become noncompliant with the income-mixing 

requirement. If the youth’s current unit 

is not added to the HAP contract, the 

youth may remain in the unit without 

assistance or with non-FUPY/FYI 

tenant-based assistance; or 

• Amend the HAP contract to change 

the excepted unit category from FUPY/ 

FYI to another excepted unit category 

(such as supportive services) if the 

FUPY/FYI youth, or the unit, happens 

to qualify for it, or change the unit to a 

non-excepted unit if doing so is 

allowable under the income-mixing 

requirement. Such a change in the form 

of PBV assistance used in the unit is 

permissible only if it does not cause the 

PHA to exceed the program limitation. 

A PHA should be aware that it may 

only allow the youth to remain in the 

unit with non-FUPY/FYI HCV 

assistance (either tenant-based or 

project-based, as applicable) if the youth 

was selected from the applicable 

waiting list in accordance with the 

policies set forth in the PHA’s 

Administrative Plan. A PHA may, but is 

not required to, create a preference 

applicable to the PHA’s regular HCV 

and/or PBV waiting lists for persons 

whose FUPY/FYI assistance is expiring 

and will have a lack of adequate 

housing as a result of their termination 

from the program, or other similar 

category. However, as noted above, the 

unit will no longer qualify for the 

FUPY/FYI excepted unit category if the 

youth remains in the unit with another 

form of HCV assistance after their 

FUPY/FYI assistance has expired. 

At a later date, HUD will undertake 

conforming rulemaking to revise its 

regulations to reflect this statutory 

change. 

V. Provisions of FSHO That Require 

Future Action From HUD To Be 

Implemented 

A. Reports (Section 103(b)(1) of FSHO) 

Section 103(b)(1) of FSHO amended 

section 8(x) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(x)) to add a new 

paragraph (5), subparagraphs I(i)(II) and 

(III), to require that PHAs report the 

following information to HUD regarding 

FUPY/FYI assistance. 

(i) The Number of Persons Who Applied 

for FUPY/FYI Assistance During the 

Fiscal Year Who Were Not Provided 

FUPY/FYI Assistance and the Reason 

Why the PHA Was Unable To Provide 

Such Assistance 

PHAs are required to report the 

number of persons who applied for 

FUPY/FYI assistance during the fiscal 

year who were not provided FUPY/FYI 

assistance and the reason why the PHA 

was unable to provide such assistance. 

For the purpose of this reporting 

requirement, HUD interprets the 

number of persons who applied for 

assistance during the fiscal year to be 

the number of youth that a partnering 

PCWA determined to be eligible for 

FUPY/FYI assistance and referred to the 

PHA during the fiscal year. Therefore, 

the PHA must report the number of 

persons who were referred for FUPY/ 

FYI assistance by a partnering PCWA 

during the fiscal year who were not 

provided FUPY/FYI assistance and the 

reason why the PHA was unable to 

provide such assistance. For example, a 

PHA may have been unable to provide 

FUPY/FYI assistance because it did not 

have any FUPY/FYI vouchers available 

or it determined that the person was not 

eligible for the HCV program. 

Implementation Action. The 

requirement to report this information 

to HUD is not in effect until HUD 

completes the Paperwork Reduction Act 

requirements. Until such time, PHAs are 

not required to report this information 

to HUD. HUD notes that it would be 

beneficial for PHAs to maintain this 

information to facilitate future reporting 

to HUD. 

(ii) How the PHA Communicated or 

Collaborated With PCWAs To Collect 

Such Data During the Fiscal Year 

PHAs are required to report how they 

communicated or collaborated with 

PCWAs to collect the data described in 

paragraphs IV(C) and V(A)(i) of this 

document. 

Implementation Action. The 

requirement to report this information 

to HUD is not in effect until HUD 

completes the Paperwork Reduction Act 

requirements. Until such time, PHAs are 

not required to report this information 

to HUD. HUD notes that it would be 

beneficial for PHAs to maintain this 

information to facilitate future reporting 

to HUD. 

B. Coordination Between Public Housing 

Agencies and Public Child Welfare 

Agencies (Section 103(b)(2) of FSHO) 

Section 103(b)(2) of FSHO amended 

section 8(x)(4) of the U.S. Housing Act 

of 1937 (42 U.S.C. 1437f(x)(4)), which 

requires HUD to issue guidance to 

improve coordination between PHAs 

and PCWAs in carrying out the FUP 

program. Specifically, section 103(b)(2) 

of FSHO requires the provision of 

guidance on establishing a point of 

contact at the PHA to receive 

appropriate referrals of eligible 

recipients from its partnering PCWA(s). 

Implementation Action. HUD will 

provide guidance in this area as part of 

the guidance required by section 8(x)(4) 

of the U.S. Housing Act. HUD expects 

to issue this guidance in the near future. 

C. Supplemental Fees for Administering 

Assistance for Youth Aging Out of 

Foster Care (Section 103(b)(3) of FSHO) 

Section 103(b)(3) of FSHO amended 

section 8(q) of the U.S. Housing Act of 

1937 (42 U.S.C 1437f(q)) by adding a 

new paragraph (5) to allow HUD to 

provide supplemental fees to PHAs for 

the cost of administering FUPY or FYI 

vouchers but only if the PHA waives 

any residency requirement that it has 

established pursuant to section 

8(r)(1)(B)(i) of the U.S. Housing Act of 

1937 (42 U.S.C. 1437f(r)(1)(B)(i)). 

Section 8(r)(1)(B)(i) allows PHAs to 

require that any family that does not 

live in its jurisdiction at the time the 

family applies for HCV assistance must 

lease and occupy a dwelling in the 

PHA’s jurisdiction during the first 12- 

months of assistance. 

A PHA’s residency requirement 

applies to all HCVs. As a result, PHAs 

are prohibited from making changes to 

the residency requirement for FUPY and 


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3580 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 

FYI only absent statutory authority as 

FSHO did not grant such authority. 

Implementation Action: Should HUD 

receive funding to provide 

supplemental fees for FUPY or FYI 

vouchers under this section, HUD will 

issue a notice communicating the 

availability of funds, eligible activities 

and expenses, and instructions on how 

to apply for such funds. 

VI. Environmental Impact 

This notice does not direct, provide 

for assistance or loan and mortgage 

insurance for, or otherwise govern or 

regulate, real property acquisition, 

disposition, leasing, rehabilitation, 

alteration, demolition, or new 

construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this notice is 

categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

Dominique Blom, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. 2022–01285 Filed 1–21–22; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF INTERIOR 

Bureau of Land Management 

[21X.LLNMP02000.L14400000.ET0000; 

NMNM–142840] 

Notice of Application for Withdrawal 

and a Public Meeting for Guadalupe 

Cave Resource Protection Area, New 

Mexico 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of application for 

withdrawal. 

SUMMARY: The Bureau of Land 

Management (BLM) has received an 

application from the United States 

Forest Service (USFS) for the Secretary 

of the Interior to withdraw 28,513.30 

acres of National Forest System lands 

from location and entry under the 

United States mining laws, and from 

leasing under the mineral leasing laws, 

subject to valid existing rights, for a 

period of 20 years to protect the 

Guadalupe Cave Resource Protection 

Area located on the Guadalupe Ranger 

District of the Lincoln National Forest in 

New Mexico. Publication of this notice 

segregates the lands for two years from 

location and entry under the United 

States mining laws, and from leasing 

under the mineral leasing laws, subject 

to valid existing rights, and announces 

an opportunity for the public to 

comment on the withdrawal 

application. This notice also announces 

the date, time, and location of the public 

meeting. The lands will remain open to 

all other uses according to the laws 

applicable to National Forest System 

lands. 

DATES: Comments and meeting requests 

must be received on or before April 25, 

2022. 

ADDRESSES: All comments should be 

sent to the BLM New Mexico State 

Office, 301 Dinosaur Trail, Santa Fe, 

New Mexico 87508, or email to 

snaranjo@blm.gov. The BLM will not 

consider comments received via 

telephone calls. The application and 

case file are available for public 

examination by interested persons by 

appointment at the BLM Public Room, 

620 E Greene Street, Carlsbad, NM 

88220 during regular business hours 

8:00 a.m. to 4:30 p.m., Monday through 

Friday except holidays. Please call 

Robert Gomez, Realty Supervisor, at 

(575) 234–5989 to review the 

application and case file at the BLM 

Public Room. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Naranjo, Realty Specialist, BLM 

New Mexico State Office, by email at 

snaranjo@blm.gov or by telephone at 

(505) 954–2200. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact Ms. Naranjo. The FRS available 

24 hours a day, 7 days a week, to leave 

a message or question with the above 

individual. You will receive a reply 

during normal business hours. 

SUPPLEMENTARY INFORMATION: The 

purpose of the withdrawal is to protect 

and preserve the Guadalupe Cave 

Resource Protection Area in the Lincoln 

National Forest in Eddy County, New 

Mexico, for a 20-year period. This area 

is part of the Capitan Limestone, reef, 

and shelf complex, of Permian age, and 

has a high likelihood of undiscovered 

caves; therefore, no suitable alternative 

site is available. The USFS filed an 

application on December 18, 2020, with 

the Secretary of the Interior, to 

withdraw the following described 

National Forest System lands: 

New Mexico Principal Meridian 

T. 25 S., R. 21 E., 

sec. 36, lot 4, S1⁄2SW1⁄4, and SW1⁄4SE1⁄4, 

T. 26 S., R. 21 E. 

sec. 1; 

sec. 2, E1⁄2; 

sec. 10, SE1⁄4SE1⁄4; 

sec. 11, E1⁄2 and SW1⁄4; 

secs. 12, 13, and 14; 

sec. 15, E1⁄2, S1⁄2NW1⁄4, and SW1⁄4; 

sec. 16, S1⁄2SE1⁄4; 

sec. 20, SE1⁄4; 

secs. 21 thru 28; 

sec. 29, E1⁄2; 

sec. 32, lots 1 and 2, and N1⁄2NE1⁄4; 

sec. 33, lots 1 thru 4, and N1⁄2N1⁄2; 

sec. 34, lots 1 thru 4, and N1⁄2N1⁄2; 

sec. 35, lots 1 thru 4, and N1⁄2N1⁄2; 

sec. 36, lots 1 thru 4, and N1⁄2N1⁄2; 

T. 25 S., R.22 E., 

(The land described in T. 25 S., R. 22 E. is 

unsurveyed, and descriptions were 

established by a 2002 Protraction Diagram) 

PB 43; 

sec. 14, S1⁄2; 

sec. 15, S1⁄2 and NW1⁄4; 

PBs 44, 49, 50, 51, and 52; 

secs. 22 and 23; 

secs. 26 thru 29; 

PBs 55 thru 63; 

T. 26 S., R. 22 E., 

secs. 3 thru 10, and 15 thru 18. 

The area described contains 28,513.30 

acres in Eddy County, New Mexico. 

All persons who wish to submit 

comments, suggestions, or objections, in 

connection with the requested 

withdrawal to the Lincoln National 

Forest, can do so until April 25, 2022 to 

the individual mentioned in the 

ADDRESSES section. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Notice is hereby given that a virtual 

(online) public meeting in connection 

with the application for withdrawal and 

segregation will be held. The USFS and 

the BLM will have a public meeting on 

February 23, 2022, at 5:30 p.m. 

(Mountain Time). A link to join the 

Teams virtual meeting will be available 

at https://www.fs.usda.gov/lincoln. 

Submit your written comments to the 

State Director, BLM New Mexico State 

Office, at the address in the ADDRESSES

section indicated above by April 25, 

2022. 

For a period until January 24, 2024, 

subject to valid existing rights, the lands 

in this Notice will be segregated from 

location and entry under the United 

States mining laws and leasing under 

the mineral leasing laws, unless the 

application is denied or canceled, or the 

withdrawal is approved prior to that 

date. 


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