38496 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 

profits, state, local and tribal 

governments. 

Estimated Number of Respondents: 

37,800. 

Estimated Number of Responses: 

61,800. 

Frequency of Response: 3. 

Average Hours per Response: .8. 

Total Estimated Burdens: 56,000 (no 

change). 

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on those 

who are to respond including through 

the use of appropriate automated 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

HUD encourages interested parties to 

submit comment in response to these 

questions. 

C. Authority 

Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

Chapter 35. 

Principal Deputy Assistant Secretary 

for Community Planning and 

Development, James A. Jemison II, 

having reviewed and approved this 

document, is delegating the authority to 

electronically sign this document to 

submitter, Aaron Santa Anna, who is 

the Federal Register Liaison for HUD, 

for purposes of publication in the 

Federal Register. 

Aaron Santa Anna, 

Federal Register Liaison for the Department 

of Housing and Urban Development. 

[FR Doc. 2021–15454 Filed 7–20–21; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6265–N–01] 

Notice of Waivers and Alternative 

Requirements for the Pilot Recovery 

Housing Program 

AGENCY: Office of Community Planning 

and Development, HUD. 

ACTION: Notice. 

SUMMARY: This Updated Program Notice 

describes the program rules, waivers, 

and alternative requirements that apply 

to any and all appropriations authorized 

under Section 8071 of the SUPPORT for 

Patients and Communities Act 

(‘‘SUPPORT Act’’), entitled Pilot 

Program to Help Individuals in 

Recovery From a Substance Use 

Disorder Become Stably Housed, herein 

referred to as the Recovery Housing 

Program, or RHP. This pilot program 

authorizes assistance to grantees (states 

and the District of Columbia) to provide 

stable, temporary housing to individuals 

in recovery from a substance use 

disorder. The assistance is limited, per 

individual, to a period of not more than 

two years or until the individual secures 

permanent housing, whichever is 

earlier. This notice also extends the 

deadline for submission of fiscal year 

(FY) 2020 RHP Action Plans provided in 

HUD’s November 25, 2020, notice 

entitled, ‘‘Notice of FY 2020 

Allocations, Waivers, and Alternative 

Requirements for the Pilot Recovery 

Housing Program’’ (‘‘Program Notice’’) 

and provides instructions for submitting 

RHP Action Plans for FYs 2020 and 

2021. 

DATES: Applicable Date: July 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jessie Handforth Kome, Director, Office 

of Block Grant Assistance, Community 

Planning and Development, Department 

of Housing and Urban Development, 

451 7th Street SW, Room 7282, 

Washington, DC 20410, telephone 

number 202–708–3587 (this is not a tollfree number). Persons with hearing or 

speech impairments may access this 

number via TTY by calling the Federal 

Relay Service at 800–877–8339 (this is 

a toll-free number). Facsimile inquiries 

may be sent to Ms. Kome at 202–708– 

0033 (this is not a toll-free number). 

Email inquiries may be sent to 

RecoveryHousing@hud.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Authorization and Appropriations 

Section 8071 of the SUPPORT for 

Patients and Communities Act (Pub. L. 

115–271, approved Oct. 24, 2018) 

(‘‘SUPPORT Act’’) authorizes the 

appropriation of funds, as may be 

necessary, for each fiscal year of 2019 to 

2023 for assistance to states to provide 

stable, temporary housing to individuals 

in recovery from a substance use 

disorder. The SUPPORT Act requires 

amounts appropriated or amounts 

otherwise made available to grantees for 

RHP be treated as though such funds are 

CDBG funds under title I of the Housing 

and Community Development Act of 

1974 (42 U.S.C. 5302) (‘‘HCD Act’’) and 

authorizes the Secretary of HUD to 

waive or specify alternative 

requirements to any provision of title I 

of the HCD Act necessary to facilitate or 

expedite the use of RHP funds, except 

for requirements related to fair housing, 

nondiscrimination, labor standards, the 

environment, and requirements that 

activities benefit persons of low- and 

moderate-income. 

The SUPPORT Act authorized HUD to 

establish a funding formula based on 

specific factors listed in section 8071 of 

the SUPPORT Act and to allocate funds 

appropriated or otherwise made 

available for RHP according to the 

established funding formula. HUD 

published the funding formula in the 

Federal Register on April 17, 2019 (84 

FR 16027) (the ‘‘Formula Notice’’). In 

accordance with the SUPPORT Act, 

HUD distributes amounts appropriated 

for RHP according to the Formula 

Notice unless the appropriation act 

directs HUD to do otherwise. Following 

an appropriation of funds, HUD 

determines the RHP grantees and 

publishes their allocation amounts 

online at https://www.hud.gov/ 

program_offices/comm_planning/ 

budget in accordance with the Formula 

Notice and requirements of the 

appropriation. Congress appropriated 

$25,000,000 for RHP in fiscal year (FY) 

2020 and $25,000,000 for RHP in FY 

2021. HUD allocated the RHP funds to 

25 grantees in FY 20 and 27 grantees in 

FY 21. 

B. Notice of Program Rules, Waivers, 

and Alternative Requirements 

HUD published the ‘‘Notice of 

FY2020 Allocations, Waivers, and 

Alternative Requirements for the Pilot 

Recovery Housing Program’’ (85 FR 

75361) (the ‘‘Program Notice’’) on its 

website on November 4, 2020, and in 

the Federal Register on November 25, 

2020. The Program Notice imposed the 

rules, waivers, and alternative 

requirements and provided specific 

program deadlines that apply for fiscal 

year 2020 (FY 20). The Program Notice 

describes requirements on the use of 

RHP funds and the applicable waivers 


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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38497 

and alternative requirements to title I of 

the HCD Act and 24 CFR part 570 

necessary to expedite or facilitate the 

use of RHP funds. This Updated 

Program Notice imposes the Program 

Notice’s rules, waivers and alternative 

requirements, as amended by this 

Updated Program Notice, on the use of 

all existing and future RHP allocations 

and revises the FY 20 RHP Action Plan 

submission deadline. Grantees must 

comply with the applicable 

requirements at 2 CFR part 200, as 

amended. Amendments to 2 CFR part 

200 may renumber some subparts and 

regulations. Where RHP notices (with 

applicability dates preceding the 

amendments’ effective dates) refer to 

specific regulations of 2 CFR part 200 

that are renumbered or revised by 

amendments to 2 CFR part 200, the 

requirements that apply to the grant are 

the requirements in 2 CFR part 200, as 

amended, notwithstanding the 

renumbered regulatory reference. 

II. Applicable Rules, Waivers, and 

Alternative Requirements 

This Updated Program Notice is based 

on the applicable waivers and 

alternative requirements to the CDBG 

program requirements included in the 

November 25, 2020, Program Notice. 

The Secretary has determined that those 

statutory and regulatory waivers and 

alternative requirements will apply to 

this Updated Program Notice because 

they are necessary to expedite or 

facilitate the use of RHP funds. The 

waivers and alternative requirements 

are only applicable to the use of RHP 

funds and do not apply to CDBG funds 

used in conjunction with RHP funds or 

other sources of CDBG funds (i.e., from 

other grants or guaranteed loan funds) 

used for RHP-eligible activities. 

All RHP allocations are subject to the 

requirements in the Program Notice, as 

amended by this Updated Program 

Notice and any subsequent notices 

(collectively, the ‘‘RHP notices’’). The 

applicable rules, statutory and 

regulatory waivers, and alternative 

requirements described in the RHP 

notices apply to fiscal year allocations 

as of the applicability date of each RHP 

notice. Grantees may use funds from 

different FY allocations for the same 

RHP-eligible activity, however, grantees 

should be aware that each allocation has 

a distinct period of performance and 

distinct limitations on administrative 

and technical assistance costs. 

A. Submission Deadlines 

Section I.B. of the Program Notice 

requires RHP Grantees to submit a RHP 

Action Plan for FY 20 allocations, 

including the Form SF–424, application 

for federal funds, by August 16, 2021. 

This Updated Program Notice amends 

section I.B. and extends the submission 

deadline for RHP Action Plans for FY 20 

allocations to December 31, 2021. 

Grantees with FY 21 allocations must 

submit a RHP Action Plan or 

amendment for FY 21 funds by August 

16, 2022, according to the requirements 

in the Program Notice, as amended by 

section II.B. of this Updated Program 

Notice. 

Grantees will have a single, combined 

RHP Action Plan for the use of RHP 

funds, including any and all allocations 

from existing and future appropriations 

authorized under the SUPPORT Act. For 

future allocations, grantees must submit 

a RHP Action Plan or amendment, 

including a Form SF–424, application 

for federal funds, for the allocated funds 

by August 16 of the fiscal year following 

the fiscal year in which the funds were 

authorized. For example, a grantee with 

an allocation in fiscal year 2022 must 

submit a RHP Action Plan or RHP 

Action Plan amendment, as well as any 

required submissions, by August 16, 

2023. 

A grantee’s RHP Action Plan must 

meet the specific requirements in the 

Program Notice, as amended by this 

Updated Program Notice. If a grantee 

receiving an allocation fails to submit a 

RHP Action Plan for its allocation by the 

deadline(s) provided in this Updated 

Program Notice or submits a RHP 

Action Plan for less than the total 

allocation amount, HUD may 

simultaneously notify the grantee of the 

reduction in its allocation amount and 

reallocate those funds in accordance 

with the SUPPORT Act’s requirements. 

B. Overview of Grant Process and 

Modified RHP Action Plan 

Requirements 

The following sections describe the 

RHP Action Plan requirements and 

process that RHP grantees must 

complete to access RHP grant funds. 

These requirements and processes 

amend those provided in section II.H. of 

the Program Notice. Grantees that 

receive a RHP allocation must submit a 

RHP Action Plan according to the 

requirements in the Program Notice, as 

amended by this Updated Program 

Notice and described below. 

A grantee will have a single RHP 

Action Plan that describes the use(s) of 

RHP funds for all of its allocations. 

While each fiscal year allocation will be 

a separate grant with separate grant 

numbers and agreements, this combined 

administrative approach of a single RHP 

Action Plan is intended to expedite and 

facilitate the use of RHP funds by 

grantees while reducing administrative 

burden. (Note: RHP Action Plan 

submissions or substantial amendments 

for less than the amount of the 

allocation amount may result in 

allocation amount reductions. For 

example, a grantee’s submission for its 

FY 20 allocation must have activity 

budgets that amount to its FY 20 funds.) 

i. Initial RHP Action Plan Submission: 

A grantee must submit an initial RHP 

Action Plan pursuant to the 

requirements in section II.H. of the 

Program Notice, not later than August 

16 of the fiscal year following the fiscal 

year in which the funds were allocated. 

(Note: RHP Action Plans for FY 20 

allocations have an extended deadline 

of December 31, 2021, as provided by 

section II.A. of this Updated Program 

Notice.) For example, a grantee must 

submit a RHP Action Plan for its FY 21 

allocation not later than August 16, 

2022. All requirements of section II.H. 

of the Program Notice related to Action 

Plan requirements, as amended by this 

Updated Program Notice, apply to all 

initial RHP Action Plans, and RHP 

Action Plans must be submitted to HUD 

via the Disaster Recovery Grants 

Reporting (DRGR) system. As a 

reminder, the citizen participation plan 

(CPP) may be amended in accordance 

with 24 CFR 91.105(a)(3) and 

91.115(a)(3) concurrently to address 

RHP funds, and to allow no less than 15 

calendar days of public comment and 

encourage participation by 

organizations interested in residential 

recovery programs for individuals with 

substance use disorders. 

A grantee may submit an initial RHP 

Action Plan for multiple allocations. A 

grantee that submits an initial RHP 

Action Plan for multiple allocations 

must submit its RHP Action Plan no 

later than the deadline for the earliest 

fiscal year allocation. For example, the 

deadline for an initial RHP Action Plan 

that includes both FY 20 and FY 21 

allocations is December 31, 2021 (the 

submission deadline for FY 20 

allocations). If submitting a RHP action 

plan for multiple allocations, the 

grantee must set up project and activity 

budgets in the DRGR system for the total 

of the allocations and submit the RHP 

Action Plan via the DRGR system in 

accordance with the requirements in the 

Program Notice, as amended by this 

Updated Program Notice. 

ii. Substantial Amendment Process 

for Additional Allocation(s): A grantee 

with a HUD-approved Action Plan for 

any RHP allocation(s) must submit a 

substantial amendment to its RHP 

Action Plan to incorporate any 

subsequent allocation(s). For example, a 

grantee that has a HUD-approved RHP 

Action Plan for its FY 20 allocation 


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38498 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 

must submit a substantial amendment to 

incorporate its FY 21 allocation or any 

future allocations. The grantee must 

submit the substantial amendment via 

the DRGR system by the deadline in 

section II.A. of this Updated Program 

Notice. In the DRGR system, grantees 

must ensure any subsequent 

allocation(s) are fully budgeted in the 

amendment to the RHP Action Plan 

prior to submission to HUD. The 

process for the substantial amendment 

to the RHP Action Plan for a subsequent 

allocation is as follows: 

1. The grantee amends its RHP Action 

Plan to incorporate each substantial 

amendment. The substantial 

amendment shall include the HUDapproved RHP Action Plan and the 

modifications made to it by the 

substantial amendment. A grantee’s 

substantial amendment(s) to its RHP 

Action Plan must comply with the 

requirements in II.H. of the Program 

Notice, as amended by this Updated 

Program Notice, and include, at a 

minimum, the use of the total amount 

of RHP funds, including prior and new 

allocations, in the substantial 

amendment. The grantee may modify 

existing activities or add new activities 

to the HUD-approved RHP Action Plan) 

in a substantial amendment. 

2. The grantee publishes each 

substantial amendment to its RHP 

Action Plan in accordance with the 

grantee’s adopted CPP. The grantee shall 

provide opportunity for public comment 

and public hearings, if any, on the 

substantial amendment and consider 

and summarize public comments 

received, in accordance with the 

requirements described in steps 2 and 3 

in section II.H. of the Program Notice. 

3. The grantee submits its RHP Action 

Plan to HUD. A complete action plan 

submission includes items i through xii 

in section II.H. of the Program Notice. 

4. HUD will review the substantial 

amendment to the RHP Action Plan in 

accordance with 24 CFR 91.500 and this 

Updated Program Notice and the 

Program Notice. 

5. Once HUD accepts the substantial 

amendment to the RHP Action Plan for 

the subsequent allocation(s), HUD and 

the grantee will enter into a grant 

agreement for each new allocation 

described in the substantial amendment. 

HUD transmits the RHP grant agreement 

to the grantee, and the grantee signs and 

returns the grant agreement for HUD’s 

signature. 

6. HUD will establish the grantee’s 

line(s) of credit to reflect the amount of 

new RHP funds. 

7. The grantee may draw down funds 

from each grant’s 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 and, as applicable, receives 

from HUD or the State the Authority to 

Use Grant Funds (AUGF) form. 

C. Timeliness, Period of Performance, 

and Closeout 

RHP funds for FY 21 and any 

subsequent allocations are subject to the 

same requirements as those for FY 20 

allocations provided in the Program 

Notice, as amended by this Updated 

Program Notice. Each grant is subject to 

its RHP expenditure deadline in 

accordance with the applicable 

executed grant agreement. Pursuant to 

the grant agreement, a grantee must 

expend RHP funds for each RHP grant 

before the end of the grant’s period of 

performance. All RHP funds must be 

expended before the end of the period 

of performance on September 1 of the 

seventh Federal fiscal year from the 

fiscal year of the appropriation, which 

is 29 days before the RHP appropriation 

account is cancelled in accordance with 

31 U.S.C. 1552(a), 24 CFR 570.200(k), 

and 24 CFR 570.480(h). For example, if 

Congress appropriates funds under 

Section 8071 of the SUPPORT Act for 

fiscal year 2022, all FY 22 funds must 

be expended before the end of the 

period of performance on September 1, 

2029. Grant funds are not available for 

obligation and expenditure after the 

period of performance. 

HUD, via the DRGR system, will block 

remaining RHP funds after the grant 

expenditure deadline to prevent 

grantees from drawing down funds past 

the grant’s period of performance. The 

grantee will be able to continue drawing 

down funds from its line(s) of credit for 

grants still within their period of 

performance until the expenditure 

deadline for each such grant has been 

reached. 

Additionally, section 8071(c)(1) of the 

SUPPORT Act requires grantees to 

‘‘expend at least 30 percent of such 

funds within one year of the date funds 

become available to the grantee for 

obligation.’’ The date of HUD’s 

execution of the grant agreement is used 

for this purpose. Pursuant to 24 CFR 

570.496(b) (states) and 570.910(b)(5) 

(District of Columbia), any amount of 

funds that exceeds 70% of a grant 

allocation not expended by such date is 

subject to cancellation. 

Pursuant to section II.P. of the 

Program Notice, HUD will close out 

RHP grants in accordance with the 24 

CFR 570.489(o), which imposes the 

closeout requirements of 2 CFR part 

200. HUD notes that those closeout 

requirements are now located at 2 CFR 

200.344. 

III. Findings and Certifications 

Paperwork Reduction Act 

The information collection 

requirements in this Updated Program 

Notice have been approved by the Office 

of Management and Budget (OMB) 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520) and 

assigned OMB Control Number 2506– 

0165. In accordance with the Paperwork 

Reduction Act, HUD may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection displays a 

currently valid OMB control number. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers for RHP grants 

under the SUPPORT Act are 14.218 

(Community Development Block 

Grants/Entitlement Grants), 14.225 

(Community Development Block 

Grants/Special Purpose Grants/Insular 

Areas, and 14.228 (Community 

Development Block Grants/State’s 

Program and Non-Entitlement Grants in 

Hawaii) (formerly CDBG Grant/Small 

Cities Program). 

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 

inspection at HUD’s Funding 

Opportunities web page. 

Principal Deputy Assistant Secretary for 

Community Planning and Development, 

James Arthur Jemison II, having reviewed 

and approved this document, is delegating 

the authority to electronically sign this 

document to submitter, Aaron Santa Anna, 

who is the Federal Register Liaison for HUD, 

for purposes of publication in the Federal 

Register. 

Aaron Santa Anna, 

Federal Register Liaison, Department of 

Housing and Urban Development. 

[FR Doc. 2021–15515 Filed 7–20–21; 8:45 am] 

BILLING CODE 4210–67–P 


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