Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices 36869 

260, Div. F). Under this provision, TSA 

established a pilot for public or private 

entities regulated by TSA to request 

reimbursable screening services outside 

of an existing primary passenger 

terminal screening area where screening 

services are currently provided or 

eligible to be provided under TSA’s 

annually appropriated passenger 

screening program. The authority 

available under this section is effective 

for fiscal years 2022 through 2023 and 

currently may be used at not more than 

eight locations for transportation 

security purposes. TSA collects this 

information to establish an application 

process for public and private entities 

regulated by TSA to request screening 

services under the RSSP. For purposes 

of RSSP, ‘‘screening services’’ means 

‘‘the screening of passengers, flight 

crews, and their carry-on baggage and 

personal articles, and may include 

checked baggage screening if that type 

of screening is performed at an offsite 

location that is not part of a passenger 

terminal of a commercial airport. 

Public or private entities regulated by 

TSA interested in participating in the 

RSSP may submit an application to the 

TSA Administrator requesting that TSA 

provide screening services outside of an 

existing primary passenger terminal 

screening area where screening services 

are currently provided or eligible to be 

provided under TSA’s annually 

appropriated passenger screening 

program as a primary passenger 

terminal screening area. The request 

may only be submitted to TSA after 

consultation with the relevant local 

airport authority. The application is 

used to identify basic information to 

grant approval or denial. 

The respondents to this information 

collection request are public or private 

entities regulated by TSA requesting the 

screening services at an airport that is a 

commercial service airport (as defined 

by 49 U.S.C. 47107(7)). TSA estimates 

the annual respondents for fiscal year 

2022 to be no more than 15. The annual 

burden for the information collection 

related to providing screening services 

is estimated to be 492 hours. 

Dated: June 14, 2022. 

Christina A. Walsh, 

TSA Paperwork Reduction Act Officer, 

Information Technology. 

[FR Doc. 2022–13164 Filed 6–17–22; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6316–N–01] 

Waivers and Alternative Requirements 

for Community Development Block 

Grant Disaster Recovery (CDBG–DR) 

and Community Development Block 

Grant Mitigation (CDBG–MIT) Grantees 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This notice governs 

Community Development Block Grant 

disaster recovery (CDBG–DR) and 

Community Development Block Grant 

mitigation (CDBG–MIT) funds awarded 

under several appropriations acts 

identified in the Table of Contents. 

Specifically, this notice provides 

waivers and establishes alternative 

requirements for certain CDBG–DR 

grantees that have submitted waiver 

requests for grants provided under the 

public laws cited in this notice. 

DATES: Applicability Date: June 27, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Jessie Handforth Kome, Director, Office 

of Block Grant Assistance, U.S. 

Department of Housing and Urban 

Development, 451 7th Street SW, Room 

7282, Washington, DC 20410, telephone 

number 202–708–3587. Persons with 

hearing or speech impairments may 

access this number via TTY by calling 

the toll-free Federal Relay Service at 

800–877– 8339. Facsimile inquiries may 

be sent to Ms. Kome at 202–708–0033. 

(Except for the’’800’’ number, these 

telephone numbers are not toll-free.) 

Email inquiries may be sent to disaster_

recovery@hud.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority to Grant Waivers 

II. Public Law 107–38, 107–73, 107–117, 

107–206 Waivers and Alternative 

Requirements 

III. Public Law 113–2 Waivers and 

Alternative Requirements 

IV. Public Law 115–254 and 116–20 Waivers 

and Alternative Requirements 

V. Public Law 115–123 and 116–20 Waivers 

and Alternative Requirements 

VI. Public Law 115–56, 115–123, 115–254, 

116–20 Grant Requirements 

VII. Public Law 115–56 and 115–123 Waivers 

and Alternative Requirements 

VIII. Public Law 115–56, 115–123, and 116– 

20 Waivers and Alternative 

Requirements 

IX. Public Law 116–20 Waivers and 

Alternative Requirements 

X. Flexibilities for Grants Under Recent 

Appropriations Acts (Affects Multiple 

Grantees) 

XI. Finding of No Significant Impact (FONSI) 

I. Authority To Grant Waivers 

Each of the appropriations acts cited 

in the Table of Contents authorize the 

Secretary to waive, or specify alternative 

requirements for, any provision of any 

statute or regulation that the Secretary 

administers in connection with the 

obligation by the Secretary or use by the 

recipient of grant funds, except for 

requirements related to fair housing, 

nondiscrimination, labor standards, and 

the environment. HUD may also 

exercise its regulatory waiver authority 

under 24 CFR 5.110, 91.600, and 570.5. 

All waivers and alternative 

requirements authorized in this notice 

are based upon a determination by the 

Secretary that good cause exists, and 

that the waiver or alternative 

requirement is not inconsistent with the 

overall purposes of title I of the Housing 

and Community Development Act of 

1974 (42 U.S.C. 5301 et seq.) (HCDA). 

The good cause for each waiver and 

alternative requirement is summarized 

in this notice. 

II. Public Law 107–38, 107–73, 107–117, 

107–206 Waivers and Alternative 

Requirements 

Waiver to Allow the Lower Manhattan 

Development Corporation (LMDC) To 

Transfer Remaining Property Acquired 

and Cleared With CDBG–DR Funds in 

Exchange for Other Property Interests. 

Provisions of four public laws (the 9/ 

11 Appropriations Acts) govern the 

CDBG–DR funds provided in response 

to the terrorist attacks of September 11, 

2001: Public Law 107–38, 107–73, 107– 

117, and 107–206. These 9/11 

Appropriations Acts have funded three 

CDBG–DR grants: $700 million awarded 

to the New York State Development 

Corporation d/b/a Empire State 

Development (ESD); and two grants of 

$2.0 billion and $783 million, 

respectively, awarded to LMDC. ESD is 

a political subdivision and public 

benefit corporation of the State of New 

York and LMDC is a subsidiary of ESD. 

LMDC administers CDBG–DR funds 

allocated to the organization for 

emergency expenses and economic 

revitalization in response to the 

September 11, 2001, terrorist attacks in 

New York City. LMDC is charged with 

assisting New York City in recovering 

from the terrorist attacks on the World 

Trade Center (WTC), in part by working 

with the Port Authority of New York 

and New Jersey (Port Authority). 

Previously, in the January 17, 2017 

Federal Register notice (82 FR 4911), 

the Department granted a waiver of 24 

CFR 570.489(j) for good cause and 


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established an alternative requirement 

‘‘to the extent necessary to allow LMDC 

to transfer the portions of 130 and 140 

Liberty Street necessary to finalize the 

WTC Vehicle Security Center, Liberty 

Park, and the St. Nicholas National 

Shrine at the World Trade Center to the 

Port Authority without reimbursing the 

CDBG–DR program for the fair market 

value of the properties . . . [and] to 

permit LMDC to acquire from the Port 

Authority property on the World Trade 

Center site, via long-term lease and 

purchase, sufficient to carry out the 

memorial and cultural facilities on the 

World Trade Center site that are 

contemplated in the GPP and LMDC’s 

applicable Action Plan, as amended.’’ 

(82 FR 4913). 

The January 2017 waiver and 

alternative requirement contemplated 

several property exchanges that were 

consistent with LMDC’s approved 

CDBG–DR action plan and amendments. 

LMDC used CDBG–DR funds to acquire 

and clear real property identified in the 

World Trade Center Memorial and 

Cultural Program General Project Plan 

(GPP) as 130 Liberty Street and 140 

Liberty Street. Specifically, to enable 

LMDC to fully implement its Memorial 

Program and to enable the Port 

Authority to pursue its Redevelopment 

Program, LMDC and the Port Authority 

would exchange real property interests. 

The Port Authority would provide 

LMDC or its designee with a lease (up 

to 99 years) and purchase option for 

Port Authority-owned property that 

would be used for memorial and 

cultural facilities that are part of 

LMDC’s Memorial Program. The overall 

exchange would allow the LMDC to 

facilitate use of what was originally Port 

Authority property for the Memorial 

Museum and a performing arts center. 

The January 2017 waiver and 

alternative requirement permitted an 

exchange for the portion of the 130 and 

140 Liberty Street necessary for the 

WTC Vehicle Security Center, and it 

also contemplated that HUD would 

need to extend the waiver for additional 

activities. It provided that ‘‘HUD must 

waive certain regulations applicable to 

the reuse of 130 and 140 Liberty Street 

to facilitate the current exchange 

between LMDC and the Port Authority 

and future development of the rest of 

the 130 Liberty Street site. The current 

transfer of property to the Port 

Authority explicitly excludes that 

portion of 130 Liberty Street that is 

labeled as ‘‘Tower 5’’ on Attachment 1 

to the GPP as LMDC will retain the 

Tower 5 site for future transfer and 

redevelopment.’’ (82 FR 4912). 

Since January 2017, LMDC and the 

Port Authority have solidified their 

plans for the second phase of the 

property transfer. Therefore, for the 

reasons described in this notice and in 

the January 2017 notice, the Department 

has determined that good cause exists to 

extend the January 2017 waiver and 

alternative requirement modifying 24 

CFR 570.489(j) to encompass the second 

phase of the proposed property 

exchanges between LMDC and the Port 

Authority for the remainder of 130 and 

140 Liberty Street (the Tower 5 site). 

LMDC and its designees will receive the 

Port Authority-owned properties to be 

used for memorial and cultural facilities 

that are part of LMDC’s Memorial 

Program (as described in the January 

2017 waiver and alternative 

requirement). Specifically, LMDC’s 

designee, the National September 11 

Memorial & Museum (further known as 

The World Trade Center Memorial 

Foundation, Inc.) will obtain a lease and 

purchase option for the Memorial 

Museum site and a different LMDC 

designee received a similar lease (up to 

99 years) and purchase option for the 

site of a performing arts center. 

To complete the property transfer, 

LMDC will transfer fee title of the Tower 

5 site to the ESD, and ESD will facilitate 

payment of compensation to the Port 

Authority for land that the Port 

Authority provided for the memorial 

and cultural facilities. ESD will lease 

the Tower 5 site to a developer. The Port 

Authority will receive compensation in 

the form of rent paid under a 99-year 

ground lease for the Tower 5 site by a 

developer (equal to the value of the 

originally planned commercial use of 

the Tower 5 site plus 25 percent of any 

rent paid in excess of that amount) and 

the remainder interest at the end of the 

lease term. 

As outlined in the January 2017 

waiver and alternative requirement, the 

Department finds that the properties 

involved in this transfer present unique 

valuation difficulties. A restricted 

appraisal report and opinion letter by an 

appraiser engaged by LMDC estimates 

that the parcels subject to the exchange 

are of proximate value. The restricted 

appraisal report and opinion letter 

nonetheless also notes the difficulties in 

establishing current fair market 

valuations of the various parts of this 

transaction. In addition, the strong 

desire of all parties (including HUD) to 

facilitate and conclude redevelopment 

progress on and adjacent to the World 

Trade Center site more than twenty 

years after the events of September 11, 

2001, creates a situation in which this 

waiver and alternative requirement 

represent the most practical and feasible 

path forward. 

For the reasons described in this 

notice and in the January 2017 notice, 

HUD finds that good cause exists to 

waive 24 CFR 570.489(j) and to expand 

the alternative requirement previously 

given to the extent necessary to permit 

LMDC to transfer fee title to the Tower 

5 site to ESD and to permit ESD to 

compensate the Port Authority as 

described above. As a condition of this 

waiver and alternative requirement, if 

the rental income from the Tower 5 

site’s development exceeds the value of 

the originally planned commercial use 

of the Tower 5 site, 75 percent of the 

excess will be paid to LMDC and 

designated as program income and 25 

percent of the excess will be paid to the 

Port Authority. Following closeout of 

LMDC’s grant, LMDC’s share will be 

paid to the City in accordance with 67 

FR 36017. For purposes of this waiver 

and alternative requirement, HUD has 

determined that amounts paid to the 

Port Authority do not constitute 

program income to the CDBG–DR grant. 

Additionally, the property acquired 

by LMDC or its designees on the World 

Trade Center site will be subject to 

CDBG–DR programmatic requirements 

upon transfer to LMDC or its designee. 

HUD recognizes the phased nature of 

the transactions contemplated by 

various parties pursuant to this 

alternative requirement. However, as 

part of this alternative requirement, if 

LMDC does not acquire property that is 

sufficient to carry out the memorial and 

cultural facilities on the World Trade 

Center site as contemplated in the GPP 

and LMDC’s applicable action plan, as 

amended, before LMDC closes out its 

grants, HUD may pursue appropriate 

remedial actions. This expanded waiver 

and alternative requirement are 

necessary to facilitate and conclude 

LMDC’s use of CDBG–DR funds for its 

Memorial Program. 

III. Public Law 113–2 Waivers and 

Alternative Requirements 

Clarification on Citizen participation 

waiver and alternative requirement 

(CDBG–DR grantees only). 

This waiver applies to certain 

grantees that received an allocation of 

funds appropriated under the Disaster 

Relief Appropriations Act, 2013 (Pub. L. 

113–2), which ultimately made 

available $15.2 billion in CDBG–DR 

funds for necessary expenses related to 

disaster relief, long-term recovery, 

restoration of infrastructure and 

housing, and economic revitalization 

due to Hurricane Sandy and other 

eligible events in calendar years 2011, 

2012, and 2013. The Department’s 

Federal Register notices for Public Law 

113–2 included requirements for CDBG– 


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DR grantees that must be followed for 

substantial amendments to a CDBG–DR 

action plan. Section VI.4. of the 

November 18, 2013 notice (78 FR 69104) 

and Section V.5 of the June 3, 2014 

notice (79 FR 31964) require grantees to 

hold a public hearing on a substantial 

action plan amendment and to also 

publish the substantial action plan 

amendment for public comment for 30 

days prior to submission to HUD. For 

recent allocations, HUD has not 

required grantees to hold public 

hearings for substantial action plan 

amendments, and this additional 

requirement adds administrative burden 

on grantees that have expended most of 

the funds allocated under Pub. L. 113– 

2. For these reasons, HUD has 

determined there is good cause to 

remove the requirement from both 

Section VI.4. of the November 18, 2013 

notice and Section V.5. of the June 3, 

2014 notice that requires public 

hearings on substantial action plan 

amendments. Grantees are still required 

to follow the remaining requirements for 

citizen participation and public 

comment for substantial action plan 

amendments in Section VI.4. of the 

November 18, 2013 notice, and Section 

V.5. of the June 3, 2014 notice, 

including posting the amendments for 

30 days for public comment. 

IV. Public Law 115–254 and 116–20 

Waivers and Alternative Requirements 

IV.A. Base Flood Elevation 

Requirement and Reimbursement in the 

‘‘Homeowner Reimbursement Program’’ 

(State of Texas only). 

The Department has awarded the 

State of Texas $46,400,000 of CDBG–DR 

funds under Public Law 115–254 and 

$26,513,000 of CDBG–DR funds under 

Public Law 116–20, for recovery from 

disasters occurring in 2018; and 

$227,510,000 of CDBG–DR funds under 

Public Law 116–20 for recovery from 

disasters occurring in 2019. These funds 

have been provided for necessary 

expenses related to disaster relief, long 

term recovery, restoration of 

infrastructure and housing, economic 

revitalization, and mitigation due to a 

qualified disaster. This waiver and 

alternative requirement modifies the 

requirements for CDBG–DR funds 

awarded to the State of Texas under 

Public Laws 115–254 and 116–20. The 

State of Texas has submitted a request 

and justification for the waiver and 

alternative requirements provided 

herein to facilitate the use of the funds. 

The state is implementing a 

Homeowner Reimbursement Program 

designed to assist homeowners in 

recovering up to $50,000 in out-ofpocket expenses paid by the homeowner 

for residential rehabilitation due to the 

disasters occurring in 2018 and 2019. To 

be eligible for this program, the state’s 

rules require the home be the owner’s 

primary residence and the eligible 

rehabilitation must have been 

completed prior to the program’s 

application launch date of April 24, 

2021. Because the state’s response and 

recovery efforts commenced on the 

dates of the disasters and before CDBG– 

DR assistance was available, some 

homeowners participating in the state’s 

Homeowner Reimbursement Program 

may have rehabilitated their homes to 

meet FEMA program requirements and 

local elevation requirements, rather than 

the CDBG–DR program requirements. 

Some homeowners seeking assistance 

from the state’s Homeowner 

Reimbursement Program elevated their 

homes to meet the requirements of their 

municipalities but did not elevate their 

homes to meet HUD’s requirement that 

residential structures be elevated to at 

least two feet above base flood elevation 

. Because these homeowners did not 

anticipate receiving CDBG–DR 

assistance, the state is requesting a 

waiver to reimburse homeowners that 

are otherwise eligible for assistance but 

elevated their homes to comply with 

FEMA program requirements and the 

local jurisdiction’s elevation 

requirements, which may be lower than 

the HUD-mandated standard to elevate 

to base flood elevation plus two feet. 

HUD’s February 9, 2018 Federal 

Register notice provides that: ‘‘All 

structures, defined at 44 CFR 59.1, 

designed principally for residential use 

and located in the 100-year (or 1 percent 

annual chance) floodplain that receive 

assistance for new construction, repair 

of substantial damage, or substantial 

improvement, as defined at 24 CFR 

55.2(b)(10), must be elevated with the 

lowest floor, including the basement, at 

least two feet above the base flood 

elevation.’’ (83 FR 5861). 

Based on the reasons stated above, 

HUD finds that good cause exists to 

waive the provision of the Federal 

Register notice requiring the two feet 

above base flood elevation for 

homeowners seeking reimbursement in 

the state’s Homeowner Reimbursement 

Program, and to establish an alternative 

requirement to permit the state to 

reimburse those homeowners for costs 

of rehabilitation completed before the 

program’s application launch date, 

subject to the following requirements: 

• The homeowner complied with 

applicable FEMA requirements and the 

elevation requirement of the local 

jurisdiction. 

• The activity is eligible under title I 

of the HCDA or by waiver and is 

consistent with all other requirements of 

CPD notice 15–07: Guidance for 

Charging Pre-Application Costs of 

Homeowners, Businesses, and Other 

Qualifying Entities to CDBG Disaster 

Recovery Grants. 

• The activity meets a CDBG–DR 

national objective and otherwise 

complies with CDBG–DR requirements 

not waived by this section. 

• For each grant, the state uses not 

less than 70 percent of the aggregate 

CDBG–DR grant for activities that 

benefit low- and moderate-income 

persons. 

The state must ensure that all costs 

charged to this program and to the 

CDBG–DR grants are necessary and 

reasonable expenses related to disaster 

recovery. 

IV.B. Requirement to Primarily 

Consider and Address Unmet Housing 

Recovery Needs (The Northern Mariana 

Islands only). 

The Department has awarded 

$188,652,000 of CDBG–DR funds under 

Public Law 115–254 and $65,672,000 

under Public Law 116–20, for a 

combined allocation of $254,324,000 to 

the Commonwealth of the Northern 

Mariana Islands (CNMI) for recovery 

from 2018 disasters. 

The CNMI has requested that HUD 

ease restrictions in existing notices to 

allow for the use of CDBG–DR funds for 

the rehabilitation and reconstruction of 

the Northern Marianas College (NMC) 

by modifying the requirements in the 

February 9, 2018 notice at 83 FR 5844, 

August 14, 2018 notice at 83 FR 40314, 

and then re-stated in the January 27, 

2020 notice at 85 FR 4682, that each 

grantee primarily consider and address 

its unmet housing recovery needs. 

Specifically, the January 27, 2020, 

notice states that, ‘‘Pursuant to the Prior 

Notices, each grantee receiving an 

allocation for a 2018 or 2019 disaster is 

required to primarily consider and 

address its unmet housing recovery 

needs. These grantees may, however, 

propose the use of funds for unmet 

economic revitalization and 

infrastructure needs unrelated to the 

grantee’s unmet housing needs if the 

grantee demonstrates in its needs 

assessment that there is no remaining 

unmet housing need or that the 

remaining unmet housing need will be 

addressed by other sources of funds.’’ 

NMC lost 37 out of its 39 classrooms 

as a result of Super Typhoon Yutu in 

2018. The college offers a number of 

degrees, as well as Adult Basic 

Education, Workforce Development and 

Certificate Training. A number of other 

federal agencies are also providing 

funding for NMC campus projects, 

including a Student Center funded 


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through the U.S. Department of 

Education, a Workforce Development 

and Training Center and a Center for 

Research Extension and Development 

funded through the Economic 

Development Authority, and a 

Gymnasium and Collateral Equipment/ 

Content funded by FEMA. The 

construction of NMC’s classrooms, as a 

public college, would otherwise be 

CDBG–DR eligible and is critical to the 

CNMI and its residents for many 

reasons. As the only public college on 

the island, the improvements will 

encourage enrollment growth, prevent 

outmigration, improve access to quality 

education on the island, and strengthen 

the position of the college for purposes 

of accreditation. CNMI also indicates 

any loss of NMC students would 

adversely impact the CNMI economy 

and community. 

Based on these reasons, HUD has 

determined that good cause exists to 

modify the provisions in the February 9, 

2018 notice (83 FR 5849), the August 14, 

2018 notice (83 FR 40314), and re-stated 

in the January 27, 2020 notice at 85 FR 

4682, that require a grantee to primarily 

consider and address its unmet housing 

recovery needs with its CDBG–DR funds 

or demonstrate there is no remaining 

unmet housing need or that the 

remaining unmet housing need will be 

addressed by other sources of funds. 

HUD is modifying those provisions for 

CNMI only, so that the grantee is subject 

to the following requirements: without 

regard to the housing priority identified 

in the notices cited above, CNMI may 

use amounts consistent with the amount 

in the CNMI’s action plan and 

substantial amendments submitted to 

and approved by HUD to rehabilitate 

and reconstruct buildings for classrooms 

at NMC and complement the already 

significant other Federal investments in 

the reconstruction of the college. These 

amounts are subject to other applicable 

requirements, including the requirement 

that CDBG–DR funds may not be used 

for activities reimbursable by or for 

which funds are made available by 

FEMA or the US Army Corps of 

Engineers (USACE). As with other 

activities, the grantee must verify 

whether FEMA or USACE funds are 

available prior to awarding CDBG–DR 

funds to this activity. The housing 

priority remains in place for all other 

activities carried out by CNMI. 

IV.C. Extension of Waiver and 

Alternative Requirement Related to 

Tourism and Business Marketing (The 

Northern Marianas only). 

The Commonwealth of the Northern 

Marianas (CNMI) has submitted a 

request for an extension of HUD’s 

previously granted waiver and 

alternative requirement authorizing 

activities related to tourism and 

business marketing, to revise the 

expiration date for the waiver and 

alternative requirement to December 31, 

2023. The previously granted waiver 

and alternative requirement would 

expire January 11, 2023. Accordingly, 

HUD hereby grants the waiver and 

alternative requirement described in 

this notice for a revised expiration date 

of December 31, 2023. 

In section VIII.A. of the Federal 

Register notice published on September 

28, 2020 (85 FR 60821), the Department 

granted CNMI a waiver of 42 U.S.C. 

5305(a) to the extent necessary to create 

a new eligible activity and use up to 

$10,000,000 of CDBG–DR funds for 

tourism and marketing activities to 

promote travel and to attract new 

businesses to disaster-impacted areas 

(without regard to housing need), 

consistent with the amount in CNMI’s 

action plan and substantial amendments 

submitted to and approved by HUD. 

HUD required the waiver and 

alternative requirement to expire two 

years after CNMI’s first draw of its 

CDBG–DR funds allocated in the 

Federal Register notice published on 

January 27, 2020 (85 FR 4681). 

Tourism is a significant part of 

CNMI’s economy and was severely 

impacted by Super Typhoon Yutu and 

further impacted by the COVID–19 

pandemic. The current expiration date 

of the waiver and alternative 

requirements limits the ability of CNMI 

to use the CDBG–DR funds during its 

peak tourism season in 2023, 

interrupting economic development 

gains made by CNMI in its use of 

CDBG–DR funds for disaster recovery. 

As a result, the Secretary has 

determined that good cause exists to 

extend the waiver and alternative 

requirement described above, so that 

CNMI may continue to carry out tourism 

and marketing activities permitted by 

the waiver and alternative requirement 

until December 31, 2023. The cap on the 

activity costs remains unchanged. The 

grantee can expend no more than 

$10,000,000 on activities authorized by 

the extended waiver and alternative 

requirement. HUD may further extend 

the waiver and alternative requirements 

administratively, if requested by CNMI, 

for good cause. 

V. Public Law 115–123 and 116–20 

Waivers and Alternative Requirements 

Amendment to the One-for-One 

Replacement Housing Alternative 

Requirements for CDBG–MIT Grants. 

The Department’s August 30, 2019 

Federal Register notice (84 FR 45838) 

and its January 6, 2021 notice (86 FR 

561) included waivers and alternative 

requirements for grantees that received 

a CDBG–MIT allocation under Public 

Laws 115–123 or 116–20. The August 

30, 2019 notice included a one-for-one 

replacement housing waiver and 

alternative requirement for CDBG–MIT 

grantees and this notice modifies that 

requirement. Section V.A.22.a. of the 

notice (84 FR 45859) waives the one-forone replacement requirements at section 

104(d)(2)(A)(i) and (ii) and (d)(3) of the 

HCDA and 24 CFR 42.375 in connection 

with CDBG–MIT funds for lower income 

dwelling units that are damaged by the 

disaster and not suitable for 

rehabilitation, as defined by the grantee. 

This waiver and alternative requirement 

was limited to only disaster-damaged 

lower-income units that are demolished 

or converted and not suitable for 

rehabilitation. The Department, 

however, recognizes that the purposes 

of the CDBG–MIT grants are forward 

looking and are generally not for 

purposes of recovery from a previous 

disaster. CDBG–MIT funds are instead 

to be used to address current and future 

risks to lessen the impact of future 

disasters. With that purpose in mind, 

grantees are not required to demonstrate 

that their CDBG–MIT activities ‘‘tieback’’ to the specific disaster and 

address a specific unmet recovery need 

for which funds were allocated. CDBG– 

MIT grantees therefore may be 

undertaking activities that remove 

housing units that are not damaged by 

a previous disaster but still constitute an 

eligible use of CDBG–MIT funds, 

because those activities must meet the 

requirement that they are moving 

people or property out of harm’s way or 

otherwise lessening the impact of future 

disasters on residents of those units. 

CDBG–MIT grantees are required to 

document how all activities funded by 

their CDBG–MIT grant meet the 

definition of mitigation activities, which 

as stated in the August 30, 2019 notice 

means those activities that increase 

resilience to disasters and reduce or 

eliminate the long-term risk of loss of 

life, injury, damage to and loss of 

property, and suffering and hardship, by 

lessening the impact of future disasters. 

Grantees are prohibited from funding 

activities with CDBG–MIT funds that 

fail to meet the definition of mitigation 

activities in the August 30, 2019 notice. 

Based on the goals and requirements of 

the CDBG–MIT funds and articulated in 

the August 30, 2019 notice, there is 

good cause to amend the one-for-one 

replacement alternative requirements 

for CDBG–MIT grants. Accordingly, 

HUD is deleting the provisions of the 

previous waiver and alternative 


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requirement and replacing the 

paragraph at V.A.22.a. in its entirety. 

This new language will not apply 

retroactively and will only apply to the 

eligible CDBG–MIT activities identified 

below, as of the applicability date of this 

notice. 

V.A.22.a. Section 104(d) one-for-one 

replacement. 

One-for-one replacement housing 

requirements at section 104(d)(2)(A)(i) 

and (ii) and (d)(3) of the Housing and 

Community Development Act of 1974 

(HCDA) and 24 CFR 42.375 are waived 

for all demolished or converted lowerincome dwelling units that are CDBG– 

MIT eligible to permanently move 

people and/or property out of harm’s 

way as part of a housing mitigation 

activity, such as a buyout, that 

addresses a risk identified in a grantee’s 

risk-based Mitigation Needs 

Assessment. This waiver exempts 

lower-income dwelling units that meet 

the grantee’s definition of ‘‘not suitable 

for replacement’’ from the one-for-one 

replacement requirements, since CDBG– 

MIT grantees may be undertaking 

activities that remove housing units that 

are not damaged by a previous disaster 

but still are necessary to address 

mitigation risk. Before carrying out 

activities that may be subject to the onefor-one replacement requirements, the 

grantee must define ‘‘not suitable for 

replacement’’ in its action plan or in 

policies and procedures governing these 

activities. When working to move 

people and/or property out of harm’s 

way, requiring replacement housing 

units to be located within the same 

neighborhood can be inconsistent with 

the purposes of the CDBG–MIT grants 

and is not always feasible because these 

areas have been identified to have 

current and future disaster risks, as 

described in the grantee’s Mitigation 

Needs Assessment. HUD is providing 

this waiver in recognition that grantees 

are using CDBG–MIT funds for 

mitigation needs based on a Mitigation 

Needs Assessment that identifies and 

analyzes all significant current and 

future disaster risks as the basis for 

undertaking the proposed demolition or 

conversion activities consistent with the 

goals of the CDBG–MIT funds. 

Even when using CDBG–MIT funds, 

grantees must reassess post-disaster 

population and housing needs relative 

to the Mitigation Needs Assessment to 

determine the appropriate type and 

amount of lower-income dwelling units 

to rehabilitate or reconstruct. Grantees 

must include this analysis in their 

program files with a description of how 

CDBG–MIT funds or other sources, 

including CDBG–DR funds, will be used 

to address housing and mitigation needs 

for residents of lower-income dwelling 

units. Grantees should note that the 

demolition and/or disposition of public 

housing units continue to be subject to 

section 18 of the United States Housing 

Act of 1937, as amended, and 24 CFR 

part 970. 

VI. Public Law 115–56, 115–123, 115– 

254, and 116–20 Grant Requirements 

Certification and Supporting 

Documentation for CDBG–DR and 

CDBG–MIT Grants for Disasters 

Occurring in 2015 through 2019. 

Typically, appropriations acts require 

the Secretary to certify, in advance of 

signing a grant agreement, that the 

grantee has in place proficient financial 

controls and procurement processes and 

has established adequate procedures to 

prevent any duplication of benefits as 

defined by section 312 of the Stafford 

Act, 42 U.S.C. 5155, to ensure timely 

expenditure of funds, maintain a 

comprehensive website regarding all 

disaster recovery activities assisted with 

these funds, and detect and prevent 

waste, fraud, and abuse of funds. To 

enable the Secretary to make this 

certification, each grantee must submit 

to HUD the certification documentation 

described in the applicable Federal 

Register notice governing the funds. 

Over the life of a grant, HUD expects 

a grantee to modify and update its 

policies and procedures to implement 

effective recovery programs. In Federal 

Register notices published on February 

9, 2018 at 83 FR 5844, August 14, 2018 

at 83 FR 40314, August 30, 2019 at 84 

FR 47528, January 27, 2020 at 85 FR 

4681, and January 6, 2021 at 86 FR 561 

and 86 FR 569, HUD describes the 

necessary steps each grantee must 

complete for the Secretary’s certification 

for CDBG–DR and CDBG–MIT funds 

provided in response to qualifying 

disasters occurring in 2015 through 

2019. For all CDBG–DR funds subject to 

the February 9, 2018 notice, HUD 

requires grantees to ‘‘adhere to the 

controls, processes, and procedures 

described in the grantee’s financial 

controls and procurement processes 

documentation submitted in response to 

the certification, unless amended with 

HUD’s approval’’ (83 FR 5846). 

Additionally, the January 27, 2020 

notice requires grantees to ‘‘implement 

the CDBG–DR grant consistent with the 

controls, processes, and procedures as 

certified by HUD’’ (85 FR 4686). For all 

CDBG–MIT funds subject to the August 

30, 2019 notice, HUD states that ‘‘failure 

to implement a CDBG–MIT grant in 

accordance with a grantee’s approved 

financial certification . . . shall 

constitute a performance deficiency’’ 

(84 FR 45863). 

HUD has determined that it is not 

necessary nor prudent for the agency to 

approve every change made to the 

supporting documentation submitted to 

support the Secretary’s certification 

during the life of the grant or to require 

the grantee to implement funds per the 

initial submission. Instead, HUD is now 

establishing a modified requirement for 

all CDBG–DR and CDBG–MIT grantees 

subject to the notices cited in the 

previous paragraph. In lieu of 

submitting all changes for approval, a 

grantee must notify HUD of any 

substantial changes made to the 

supporting documentation submitted to 

support the Secretary’s certification 

after the grant agreement has been 

signed by HUD and the grantee. Over 

the life of the grant, HUD will monitor 

the grantee for compliance with its 

submission and any updates made by 

the grantee. All updates must be 

retained and identified in the grantee’s 

files, together with dates of 

applicability, so that HUD can 

determine which policies and 

procedures the grantee was following at 

any point in time. The grantee is 

required to adhere to its supporting 

documentation, as amended, until the 

closeout of the grant. HUD finds this 

change to be necessary to expedite 

recovery once the Secretary has 

completed a certification based on the 

grantee’s supporting documentation, 

and a grant agreement has been signed 

by both parties. 

VII. Public Law 115–56 and 115–123 

Waivers and Alternative Requirements 

Base Flood Elevation Requirement 

and Reimbursement in the ‘‘Homeowner 

Reimbursement Program’’ (State of 

Texas—Harris County and City of 

Houston Only). 

The Department awarded 

$5,024,215,000 under Public Law 115– 

56 and $652,175,000 under Public Law 

115–123 to the State of Texas for 

recovery from Hurricane Harvey for 

necessary expenses related to disaster 

relief, long term recovery, restoration of 

infrastructure and housing, economic 

revitalization, and mitigation. This 

section of the notice specifies waivers 

and alternative requirements and 

modifies requirements for CDBG–DR 

funds awarded to the State of Texas 

under Public Laws 115–56 and 115–123. 

In the Federal Register notice published 

on September 28, 2020 at 85 FR 60825, 

the Department provided a waiver and 

alternative requirement permitting the 

State of Texas to reimburse homeowners 

that are otherwise eligible for assistance 

but who elevated their homes to comply 

with the local jurisdiction’s freeboard 

requirements, which may be lower than 


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the HUD-mandated standard to elevate 

to base flood elevation plus 2 feet (the 

‘‘September 2020 waiver’’). The State of 

Texas has submitted a request to extend 

the September 2020 waiver to also 

include two local governments awarded 

funds by the state: Harris County and 

the City of Houston, as described below. 

The state awarded funds to Harris 

County and the City of Houston to 

develop their own disaster recovery 

programs. Both Harris County and the 

City of Houston are implementing 

homeowner reimbursement programs: 

Harris County’s Homeowner 

Reimbursement Program and the City of 

Houston’s Reimbursement Option in 

their Harvey Homeowner Assistance 

Program. These programs are designed 

to assist homeowners in recovering outof-pocket expenses paid by the 

homeowner for residential rehabilitation 

due to Hurricane Harvey. Both 

programs’ eligibility requirements 

require that the home be the owner’s 

primary residence and the eligible 

rehabilitation costs must have been 

incurred prior to the owner’s 

application to the program or December 

31, 2020, whichever is earlier. Because 

the state, county, and city’s Hurricane 

Harvey response and recovery efforts 

commenced on the date of the disaster 

and before CDBG–DR assistance was 

available, some homeowners 

participating in these homeowner 

reimbursement programs may have 

repaired their homes to meet FEMA’s 

program requirements and the local 

jurisdiction’s elevation requirements, 

rather than HUD’s Federal Register 

notice requirements. The elevation 

requirements in the Federal Register 

notice require that residential structures 

be elevated to at least 2 feet above base 

flood elevation. Because the 

homeowners did not anticipate 

receiving CDBG–DR assistance, the state 

is requesting that HUD extend the 

September 28, 2020 waiver to include 

its subrecipients’ reimbursement 

programs. 

Based on the reasons cited above, 

HUD finds that good cause exists to 

modify the September 2020 waiver to 

include homeowners seeking 

reimbursement in the Harris County and 

City of Houston’s homeowner 

reimbursement programs and permit the 

city and county to reimburse those 

homeowners for costs of rehabilitation 

incurred before application of the 

homeowner to the program or December 

31, 2020, whichever is earlier, subject to 

the following requirements: 

• The homeowner’s reimbursed 

rehabilitation costs complied with the 

elevation requirement of the local 

jurisdiction. 

• The activity is eligible under title I 

of the HCDA or by waiver and is 

consistent with CPD–15–07: Guidance 

for Charging Pre-Application Costs of 

Homeowners, Businesses, and Other 

Qualifying Entities to CDBG Disaster 

Recovery Grants. 

• The activity meets a CDBG–DR 

national objective and otherwise 

complies with CDBG–DR requirements 

not waived by this section. 

• The state uses not less than 70 

percent of the aggregate CDBG–DR grant 

for activities that benefit low- and 

moderate-income persons. 

The state must ensure that all costs 

charged to this program and to the 

CDBG–DR grant are necessary and 

reasonable expenses related to disaster 

recovery. 

VIII. Public Law 115–56, 115–123, and 

116–20 Waivers and Alternative 

Requirements 

Buildings for the General Conduct of 

Government Waiver and Alternative 

Requirement (Commonwealth of Puerto 

Rico only). 

The Department awarded 

$1,507,179,000 of CDBG–DR funds 

under Public Law 115–56, 

$8,220,783,000 of CDBG–DR funds and 

$8,285,284,000 of CDBG–MIT funds 

under Public Law 115–123, and 

$277,853,230 of CDBG–DR funds under 

Public Law 116–20 to the 

Commonwealth of Puerto Rico for 

recovery from Hurricanes Irma and 

Maria for necessary expenses related to 

disaster relief, long term recovery, 

restoration of infrastructure and 

housing, economic revitalization, and 

mitigation. 

With these funds, Puerto Rico is 

implementing its Non-Federal Match 

Program (NFMP) designed to assist in 

the local non-Federal cost share of 

infrastructure projects across all 78 

municipalities that are eligible under 

FEMA Public Assistance Category of 

Work E (buildings). Puerto Rico is also 

implementing a Community 

Revitalization Program (CRP) to 

reinvigorate its urban centers and key 

community programs. Included in both 

programs is a group of projects that are 

considered buildings for the general 

conduct of government, as defined in 42 

U.S.C. 5302(a)(21). The subject 

buildings often function as both city 

halls and government centers, which 

provide important recovery-related 

services, such as permit evaluation and 

coordination and may also include 

facilities that are designed to detect 

public health threats and support local 

and regional emergency response that 

primarily serves low- and moderateincome areas. 

To implement the above programs 

and to assist in the recovery of its 78 

municipalities, Puerto Rico has 

requested a waiver of 42 U.S.C. 

5305(a)(2), which prohibits acquisition, 

construction, reconstruction, or 

installation of buildings for the general 

conduct of government as eligible 

public facilities activities. The Secretary 

has determined that there is good cause 

to grant this waiver as these buildings 

are necessary for these municipalities to 

adequately address critical 

infrastructure needs created by the 

disaster, help disaster recovery by 

reinvigorating its urban centers and key 

community programs, and help 

coordinate resilience and mitigation 

efforts across Puerto Rico. Therefore, 

HUD is waiving the prohibition on 

buildings for the general conduct of 

government at 42 U.S.C. 5305(a)(2) and 

associated regulations at 24 CFR 

570.207(a) to permit the Commonwealth 

of Puerto Rico to carry out the 

construction, reconstruction, and 

rehabilitation of public improvements 

or facilities on buildings for the general 

conduct of government within the 

NFMP or CRP programs, subject to the 

following requirements. All CDBG–DR 

funded activities must address a direct 

or indirect impact from the major 

disaster in a most impacted and 

distressed area resulting from the major 

disaster. The grantee is prohibited from 

using CDBG–DR or CDBG–MIT funds 

for buildings that do not provide 

services all year around and is 

prohibited from using funds for 

buildings that are used exclusively as 

emergency operations centers. 

IX. Public Law 116–20 Waivers and 

Alternative Requirements for the 

Commonwealth of Puerto Rico 

Aligning requirements for the 

Commonwealth of Puerto Rico’s 2019 

CDBG–DR allocation with the 

requirements of its 2020 CDBG–DR 

allocation (Commonwealth of Puerto 

Rico only). 

The Department allocated the 

Commonwealth of Puerto Rico 

$36,424,000 under Public Law 116–20 

for recovery from earthquakes (‘‘2019 

CDBG–DR Grant’’) and $184,626,000 

under Public Law 117–43 for recovery 

from earthquakes and Tropical Storm 

Isaias (‘‘2020 CDBG–DR Grant’’) for 

necessary expenses related to disaster 

relief, long term recovery, restoration of 

infrastructure and housing, economic 

revitalization, and mitigation. 

HUD has described the relevant 

statutory and regulatory requirements, 

including all applicable waivers and 

alternative requirements, that apply to 

Puerto Rico’s 2019 CDBG–DR Grant in 


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the following Federal Register notices 

(‘‘PR’s Prior Notices’’): February 9, 2018 

at 83 FR 5844, August 14, 2018 at 83 FR 

40314, February 19, 2019 at 84 FR 4836, 

June 20, 2019 at 84 FR 28848, January 

27, 2020 at 85 FR 4681,1 August 17, 

2020 at 85 FR 50041, and September 28, 

2020 at 85 FR 60821, and January 6, 

2021 at 86 FR 569. 

Though HUD allocated some of the 

2020 CDBG–DR funds for the same 

major disaster assisted by the 2019 

CDBG–DR Grant, HUD established 

different requirements for the use of the 

2020 CDBG–DR Grant in the February 3, 

2022 Federal Register notice at 87 FR 

6364, which includes a CDBG–DR 

Consolidated Notice as Appendix B (the 

‘‘Consolidated Notice’’). The February 3, 

2022 notice (including the Consolidated 

Notice) describes the waivers and 

alternative requirements, applicable 

statutory and regulatory requirements, 

the grant award process, criteria for 

action plan approval, and eligible 

disaster recovery activities for the use of 

the 2020 CDBG–DR Grant funds. 

To ease the administrative burden of 

managing two grants that are tied to the 

same disaster, HUD has determined that 

there is good cause to allow Puerto Rico 

to manage these grants under a single 

action plan and a single set of 

requirements (to the extent permitted by 

governing appropriations acts). 

Implementing this change will allow the 

grantee to follow a single set of 

requirements and submit a single action 

plan for the uses of both the existing 

2019 CDBG–DR Grant under Public Law 

116–20 and the new 2020 CDBG–DR 

Grant under Public Law 117–43, while 

each grant remains separate, with 

separate financial controls, and some 

other distinctions. 

To do this, HUD is imposing the 

following modifications of the 

requirements of PR’s Prior Notices for 

the 2019 CDBG–DR grant: 

1. Puerto Rico must submit its action 

plan for the 2020 CDBG–DR Grant in 

accordance with the Consolidated 

Notice at section III.C.1. (87 FR 6379) 

using the Public Action Plan in the 

Disaster Recovery Grant Reporting 

(DRGR) system. Even though section 

III.C.1. is written for the 2020 CDBG–DR 

grant, under the terms of the waiver and 

alternative requirement, the Grantee’s 

Public Action Plan shall also describe 

the use of all grant funds for the 2019 

CDBG–DR grant in its Public Action 

Plan required by section III.C.1. of the 

Consolidated Notice. Together, the 

description of the use of funds allocated 

for 2020 disasters and the use of funds 

under the 2019 CDBG–DR Grant shall be 

described in a single action plan (the 

Public Action Plan) that substantially 

amends the 2019 CDBG–DR action plan. 

Puerto Rico will then be able to 

download the single action plan and 

post it for public comment on its 

disaster recovery website to meet the 

public comment requirements for 2019 

and 2020 disasters. The deadline for 

that submission is 120 days after the 

applicability date of the February 3, 

2022 notice. Based on the requirements 

in the February 3, 2022 notice, Puerto 

Rico may submit its Public Action Plan 

(a single document that describes the 

use of 2020 CDBG–DR Grant and 2019 

CDBG–DR Grant), earlier than that date 

or may request an extension of the 

submission deadline to submit at a later 

date, if HUD approves the request. 

2. Once the Public Action Plan that 

contains a description of all 2019 and 

2020 CDBG–DR funds is approved, 

Puerto Rico’s use of all grant funds must 

be consistent with the Public Action 

Plan. Upon HUD’s approval of the 

Public Action Plan, the action plan that 

described the use of the 2019 CDBG–DR 

grant shall only be relevant to costs 

charged to the 2019 CDBG grant before 

the date of approval of the Public Action 

Plan. 

3. Once the Public Action Plan is 

approved, except as identified below, 

Puerto Rico’s 2019 CDBG–DR grant will 

no longer be subject to any provisions 

in PR’s Prior Notices and the use of 

2019 and 2020 CDBG–DR Grants shall 

be subject to the requirements of 

February 3, 2022 notice (including the 

Consolidated Notice) provisions, as may 

be amended from time to time. The 

exceptions are as follows: 

a. The 2019 CDBG–DR Grant is not 

subject to the following provisions of 

the February 3, 2022 Notice (including 

the Consolidated Notice) that 

implement statutory authorities specific 

to Public Law 117–43 or are related to 

requirements that were previously met: 

Section I (Allocations), requirements in 

section II (Use of Funds) related to the 

CDBG–DR mitigation set-aside, III. 

(Requirements Related to 

Administrative Funds), IV.A.2. (CDBG– 

DR mitigation set-aside), IV.A.3. 

(Interchangeability of Disaster Funds), 

and the provisions of the Consolidated 

Notice that direct grantees to make preaward submissions (section III.A. ‘‘PreAward Evaluation of Management and 

Oversight of Funds’’ of the Consolidated 

Notice (87 FR 6376). 

b. PR’s Prior Notices (as modified by 

section VII of this notice) continue to 

govern all requirements for the 2017 

Unmet Infrastructure Needs Grant and 

the following requirements for the 2019 

CDBG–DR grant: HUD’s allocations for 

2019 disasters and allocation 

methodology, the requirements that 

governed the grantee’s pre-grant 

submissions to support the Secretary’s 

certifications, the grantee’s submissions 

describing its implementation plan and 

capacity assessment, the identified 

major disasters and MID areas for the 

2019 CDBG–DR Grant, and the use of 

administrative funds across multiple 

grants (section IV.B.3. of the notice 

published Jan. 27, 2020). 

X. Flexibilities for Grants Under Recent 

Appropriations Acts (Affects Multiple 

Grantees) 

Recent appropriations acts have 

provided CDBG–DR grantees with 

additional flexibilities. This section 

notifies grantees, the public, and 

oversight entities of these flexibilities. 

The new statutory authorities supersede 

any requirements to the contrary in 

Federal Register notices or grant 

agreements governing awards that are 

subject to the new statutory provisions. 

Public Law 117–43 authorizes the 

Secretary to permit grantees that 

received funds under Public Law 117– 

43 and under prior or future 

appropriations for activities related to 

unmet recovery needs in the MID areas 

resulting from a major disaster to use 

those funds interchangeably and 

without limitation for the same 

activities related to unmet recovery 

needs in the MID areas resulting from 

another major disaster in Public Law 

117–43 or in prior or future 

appropriation acts, when the MID areas 

overlap and when the use of the funds 

will address unmet recovery needs of 

both major disasters. The Secretary 

authorized this use of funds and 

implemented this requirement for all 

grantees that received a grant under 

Public Law 117–43. This authorization 

is published in section IV.A.3. of the 

Federal Register notice published on 

February 3, 2022 at 87 FR 6368 and in 

section IV.A.3. of the Federal Register 

notice published on May 24, 2022 at 87 

FR 31643. 

Under these authorizations, grantees 

may use CDBG–DR funds that they were 

awarded under Public Law 117–43 and 

under prior and future appropriations 

acts interchangeably and without 

limitation for eligible activities 

authorized by title I of the HCDA, as 

modified by applicable waivers and 

alternative requirements, if: 

(a) The activities support recovery in 

the overlapping portions of MID areas 

resulting from major disasters assisted 

under both appropriations (if applicable 

Federal Register notices do not specify 

MID areas for a major disaster, the MID 

areas are those areas covered by the 

President’s major disaster declaration); 

and 


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(b) The use of the funds will address 

unmet recovery needs of both major 

disasters. Consistent with Congressional 

intent to increase the speed of recovery 

and ease administrative burdens, HUD 

will evaluate whether the use of funds 

in the overlapping MID areas will 

address unmet recovery needs of both 

major disasters at the highest reasonable 

level. For CDBG–DR grants, this will be 

evaluated at the action plan level (not 

by evaluating unmet needs of individual 

beneficiaries). Accordingly, before using 

funds for a disaster other than the major 

disaster for which the funds were 

awarded, a CDBG–DR grantee must 

describe in its action plan that governs 

the use of the funds how the combined 

use of all funds under both 

appropriations will address unmet 

recovery needs of both major disasters. 

Public Law 117–43 also provides 

flexibility for grantees receiving funds 

under Public Law 117–43 and under 

prior or future acts to use grant funds for 

administrative costs across multiple 

grants. HUD implemented this 

requirement for all grantees affected by 

the provision in section III.A.2. of the 

Federal Register notice published on 

February 3, 2022, at 87 FR 6367 and in 

section III.A.2. of the Federal Register 

notice published on May 24, 2022, at 87 

FR 31642. 

Public Law 116–20 authorized 

grantees that received grants under 

Public Laws 114–113, 114–223, 114– 

254, 115–31, 115–56, 115–123, 115–254, 

and 116–20 or any future act to use 

eligible administrative funds (up to 5 

percent of each grant plus up to 5 

percent of program income generated by 

the grant) appropriated by these acts for 

the cost of administering any of these 

grants without regard to the particular 

disaster appropriation from which such 

funds originated. HUD implemented 

this requirement for all affected grantees 

in section IV.B.3. of the Federal Register 

notice published on January 27, 2020, at 

85 FR 4686. This flexibility is also 

codified at 42 U.S.C. 5122 note. 

Section 432 of the Transportation, 

Housing and Urban Development, and 

Related Agencies Appropriations Act, 

2022 (Pub. L. 117–103) extended the 

expenditure deadline to September 30, 

2025, for grants made available under 

Public Law 113–2. 

XI. 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 

online on HUD’s CDBG–DR website. 

Due to security measures at the HUD 

Headquarters building, an advance 

appointment to review the docket file 

must be scheduled by calling the 

Regulations Division at 202–708–3055 

(this is not a toll-free number). 

Adrianne Todman, 

Deputy Secretary. 

[FR Doc. 2022–13179 Filed 6–17–22; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R8–ES–2022–0019; 

FF08ESMF00–FXES11140800000–223] 

Maricopa Sun Solar Complex Habitat 

Conservation Plan, Kern County, 

California; Environmental Assessment 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability of 

documents; request for public comment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce receipt of an 

application from Maricopa Sun, LLC to 

amend their existing incidental take 

permit for the Maricopa Sun Solar 

Complex. Under the Endangered 

Species Act and National 

Environmental Policy Act, we are 

making available the applicant’s draft 

amended habitat conservation plan and 

our draft environmental assessment. We 

invite the public and local, State, Tribal, 

and Federal agencies to comment on the 

documents. Before issuing a requested 

amended permit, we will take into 

consideration any information that we 

receive during the public comment 

period. 

DATES: We must receive your written 

comments on or before July 21, 2022. 

ADDRESSES: 

Obtaining Documents: The incidental 

take permit application, draft 

environmental assessment (EA), draft 

amended habitat conservation plan 

(HCP), and any comments and other 

materials that we receive are available 

for public inspection at https://

www.regulations.gov in Docket No. 

FWS–R8–ES–2022–0019. 

Submitting Comments: To send 

written comments, please use one of the 

following methods, and note that your 

information requests or comments are in 

reference to the draft EA, draft HCP, or 

both. 

• Internet: Submit comments at 

https://www.regulations.gov under 

Docket No. FWS–R8–ES–2022–0019. 

• U.S. Mail: Public Comments 

Processing, Attn: Docket No. FWS–R8– 

ES–2022–0019; U.S. Fish and Wildlife 

Service Headquarters, MS: PERMA; 

5275 Leesburg Pike; Falls Church, VA 

22041–3803. 

For more information, see Public 

Comments under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Justin Sloan, Senior Wildlife Biologist, 

or Patricia Cole, Supervisor, San Joaquin 

Valley Division, Sacramento Fish and 

Wildlife Office, by phone at 916–414– 

6600. Individuals in the United States 

who are deaf, deafblind, hard of hearing, 

or have a speech disability may dial 711 

(TTY, TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: We, the 

U.S. Fish and Wildlife Service (Service), 

announce receipt of an application from 

Maricopa Sun, LLC to amend their 

existing incidental take permit 

(TE54164B–0) for the Maricopa Sun 

Solar Complex. Maricopa Sun, LLC is 

requesting an amendment to extend the 

permit term from 35 to 50 years, add 

Kern mallow (Eremalche kernensis) as a 

covered species, reduce the habitat 

conservation plan (HCP) area by 

removing 489.9 acres (ac) of potential 

solar development, and add the 

installation and operation of battery 

energy storage systems as covered 

activities. The amended HCP would 

encompass 5,318.4 ac. 

We also make available the draft 

environmental assessment (EA), 

prepared pursuant to the National 

Environmental Policy Act of 1969, as 

amended (NEPA; 42 U.S.C. 4321 et 

seq.), and its implementing regulations 

in the Code of Federal Regulations 

(CFR) at 40 CFR 1506.6. The draft EA 

evaluates the impacts of the proposed 

action and the no-action alternative. The 

draft EA tiers from the analysis within 

the final environmental impact 

statement issued by the Service and 

announced via a Federal Register notice 

to the public on December 8, 2014 (79 

FR 72696). 

Background Information 

Section 9 of the ESA (16 U.S.C. 1531– 

1544 et seq.) and Federal regulations (50 

CFR 17) prohibit the taking of fish and 

wildlife species listed as endangered or 

threatened under section 4 of the ESA. 

The definition of ‘‘take’’ under the ESA 

does not apply to plant species; 

however, plant species can be listed on 


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