[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57716-57720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19758]



[[Page 57715]]

-----------------------------------------------------------------------

Part III





Department of Housing and Urban Development





-----------------------------------------------------------------------



Regulatory and Administrative Waivers Granted for Public and Indian 
Housing Programs to Assist with Recovery and Relief in Hurricane 
Katrina Disaster Areas; Notice

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / 
Notices

[[Page 57716]]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5018-N-01]


Regulatory and Administrative Waivers Granted for Public and 
Indian Housing Programs to Assist with Recovery and Relief in Hurricane 
Katrina Disaster Areas

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice advises the public of HUD regulations and other 
administrative requirements governing HUD's Office of Public and Indian 
Housing (PIH) programs that have been waived in order to facilitate the 
delivery of safe and decent housing under these programs to families 
and individuals who have been displaced from their housing by Hurricane 
Katrina. Entities that administer PIH programs, which include public 
housing agencies (PHAs), Indian and tribally designated housing 
entities (TDHEs), and local and tribal governments, and are located in 
an area declared by the President to be a federal disaster area as a 
result of Hurricane Katrina, may defer compliance with the regulations 
and other requirements listed in this notice for an initial period of 
12 months or such other period as may be specified in this notice. PIH 
program administrators that are not located in a disaster area but 
assisting with Hurricane Katrina recovery and relief may request waiver 
of the regulations and administrative requirements listed in this 
notice, and HUD review and response is available through an expedited 
waiver request and response process. PIH program administrators, 
located in an area declared a federal disaster area as a result of 
Hurricane Katrina, or PIH program administrators not located in such an 
area but assisting with Hurricane Katrina relief and recovery efforts, 
may request waiver of a regulation or other administrative requirement 
through the expedited waiver process provided in this notice.
    This notice applies only to PIH programs or to cross-cutting 
regulatory or administrative requirements that are applicable to PIH 
program administrators.

DATES: Effective Date: September 27, 2005.

FOR FURTHER INFORMATION CONTACT: PIH Disaster Relief Officer, Office of 
Policy Programs and Legislation, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 4116, Washington, DC 20410-5000, telephone number (202) 708-4016, 
extension 4245, or (202) 708-0713, extension 7651. Persons with hearing 
or speech impairments may access this number via TTY by calling the 
Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background Information

    In late August 2005, Hurricane Katrina hit the Gulf Coast area of 
the United States, causing unprecedented and catastrophic damage to 
property, significant loss of life, and the displacement of tens of 
thousands of individuals and families from their homes and communities. 
The President has called upon all federal agencies to do everything in 
their power to assist the victims of Hurricane Katrina, with the top 
priority being to save and sustain lives. With recognition that shelter 
is key to saving and sustaining lives, and following the President's 
direction to eliminate or reduce ``red tape'' that will impede the 
delivery of federal financial assistance and other needed benefits, 
this notice identifies HUD regulations and other administrative 
requirements governing HUD's PIH programs that are waived or 
temporarily suspended or deferred in an area declared by the President 
to be a federal disaster area as a result of Hurricane Katrina 
(``disaster area''). In addition, HUD will provide an expedited review 
process to waive the requirements listed in this notice upon request 
from PIH program administrators that are not located in disaster areas 
but are assisting with Hurricane Katrina recovery and relief efforts.
    HUD's Office of Public and Indian Housing examined the regulations 
governing PIH programs and recommended waiver or temporary suspension 
or deferral of those regulations that the office believes could impede 
PIH program administrators in their effort to expeditiously assist with 
housing current PIH program participants who lost housing as a result 
of Hurricane Katrina as well as others who now need housing assistance 
under PIH programs as a result of the hurricane. PIH program 
administrators that are located in a disaster area may defer compliance 
with the requirements listed in this notice for an initial period of 12 
months under the notification process described in this notice. The 
requirements listed in this notice that have been deferred, or 
temporarily suspended by waiver include regulatory and other 
administrative provisions that require periodic reporting and other 
information delivery by PHAs, Indian tribes, and TDHEs. While such 
reporting is important to ensure effective and efficient administration 
of PIH programs, these requirements have been waived in order that PIH 
program administrators may focus their time and resources on 
identifying and providing decent and safe housing during this period of 
unparalleled displacement of families and individuals.
    For the majority of the regulations and administrative requirements 
listed in this notice and for which a waiver was granted, HUD did not 
waive the requirements entirely but deferred compliance until such time 
as compliance may be feasible; for example, in many cases HUD extended 
deadlines for reports or other documents that PIH program 
administrators must submit to HUD. Because the devastation caused by 
Hurricane Katrina is unprecedented, and the need for housing and other 
basic life saving and sustaining relief is widespread and immediate, 
HUD is relying on its experienced partners in the HUD housing-
assistance programs who are in the front-line of recovery efforts to 
meet the challenge of providing decent, safe, and sanitary housing as 
expeditiously as possible and to comply to the extent possible with the 
regulations that promote that goal. HUD does not want the time and 
resources of PHAs, Indian tribes, and THDEs diverted by requirements 
that are important but can be deferred until such time as a degree of 
normalcy in operations returns to the disaster areas. As the recovery 
period proceeds, HUD may identify other regulations for which waiver or 
temporary deferral or suspension is needed or determine that other 
alternative requirements may be necessary to assist with facilitation 
of delivery of housing to those most in need. Any additional HUD 
waivers or suspensions or other alternative requirements will be 
announced by direct notice to PIH program administrators and by Federal 
Register publication.
    PIH program administrators that are not located in a disaster area 
but are assisting with Hurricane Katrina recovery and relief efforts 
may request waiver of the regulations and administrative requirements 
listed in this notice through the expedited waiver request and response 
process set forth in this notice.
    In addition to the waiver of regulatory requirements, some 
statutory provisions contain built-in waiver provisions that allow 
administrative waiver of the

[[Page 57717]]

statutory requirements for cause. Certain of those provisions are 
included in Section III.A of this notice.
    This notice lists HUD regulatory and administrative requirements 
that the Office of PIH determined needed to be waived or temporarily 
deferred or suspended during the Hurricane Katrina recovery period. If, 
PHAs, Indian tribes, and TDHEs, and other PIH program administrators 
identify other regulations that they believe should be waived, they 
should seek a waiver by submitting a waiver request, which specifies 
the need for a waiver, to the email address provided below in Section 
II, which describes the expedited waiver process.

II. Waiver Process

A. For PIH Program Administrators in Declared Disaster Areas

    Entities that administer public or Indian housing or voucher 
programs and are located in the areas declared a federal disaster area 
as a result of Hurricane Katrina may defer or suspend compliance with 
the regulations and other administrative requirements listed in this 
notice, with the exception of the waiver of the provision in Section 
III.B.12, upon the effective date of this notice, for an initial period 
of 12 months or for such other period as may be specified in this 
notice. These entities, however, should notify HUD within two weeks of 
determination of the need to utilize the waived requirements in this 
notice, or as soon as possible, by contacting HUD in the manner 
detailed in the following paragraph.
    An official of the PHA, TDHE, tribal or local government that seeks 
the suspension of compliance with requirements listed in this notice 
must contact HUD in writing (e-mail communication is allowed) and 
identify the requirements by section and number utilized in this notice 
(e.g., Section III.A.2. Section III.B. 1, 2, 3, etc, or ``all of the 
waived or suspended requirements in Section III.''). The following e-
mail address has been established in order to expedite the process: 
<a href="/cdn-cgi/l/email-protection#38687170677c514b594b4c5d4a676a5d54515d5e78504d5c165f574e"><span class="__cf_email__" data-cfemail="db8b9293849fb2a8baa8afbea98489beb7b2bebd9bb3aebff5bcb4ad">[email protected]</span></a>. In addition, a checklist of the waived 
or suspended requirements is available at HUD's Web site at http://www.hud.gov/katrina/proguidance.cfm, and an eligible PHA can use this 
checklist to identify the waived or suspended requirements that it will 
utilize.
    This is a notification process only, and HUD asks that this 
notification be made to HUD no later than two weeks after a PHA 
determines the need to rely on one or more or all of the waived or 
suspended requirements in this notice. While, as noted earlier, HUD 
does not want to impose additional administrative requirements on PIH 
program administrators located in the disaster areas during this 
period, it is important for HUD to know (and helpful for HUD to know) 
how these entities are administering their PIH programs during the 
recovery period, as HUD has tried to make this notification process as 
easy as possible. HUD will maintain information on the names of the 
PHAs, Indian tribes, or TDHEs that have deferred compliance with 
certain regulatory and administrative requirements in accordance with 
this notice. The regulation or administrative requirement will remain 
inapplicable for a period of 12 months and will be considered waived or 
suspended by HUD for an additional three months upon notification to 
HUD following the same notification process described above.

B. For PIH Program Participants in Non-Disaster Declared Areas

    PIH program administrators that are not located in a disaster area 
but are contributing to Hurricane Katrina relief and recovery efforts 
may request a waiver of the regulations or administrative requirements 
listed in this notice by sending a request for a waiver to the <a href="/cdn-cgi/l/email-protection#77273e3f28331e0416040312052825121b1e1211371f021359101801"><span class="__cf_email__" data-cfemail="5e0e1716011a372d3f2d2a3b2c010c3b32373b381e362b3a70393128">[email protected]</span></a> e-mail address. The request must specify the 
need for the waiver of the requirement. Waiver requests submitted 
through this e-mail address will receive priority processing.

C. Regulations and Requirements Not Waived in this Notice

    For any regulation or other administrative requirement not listed 
in this notice for which a PIH program administrator seeks waiver or 
suspension, the program administrator may seek a waiver by sending a 
request to the <a href="/cdn-cgi/l/email-protection#53031a1b0c173a2032202736210c01363f3a3635133b26377d343c25"><span class="__cf_email__" data-cfemail="faaab3b2a5be93899b898e9f88a5a89f96939f9cba928f9ed49d958c">[email protected]</span></a> e-mail address. The 
request must specify the need for the waiver of the requirement. As 
noted earlier, waiver requests submitted through this e-mail address 
will receive priority processing, and HUD will respond to the requestor 
by e-mail.
    The expedited waiver process is provided only for waiver or 
suspension of requirements that will assist with the Hurricane Katrina 
relief and recovery efforts. HUD will not respond to any waiver 
requests submitted to this e-mail address that are unrelated to relief 
and recovery of the disaster areas.

III. Authority to Grant Waivers

    Generally, waivers of HUD regulations are handled on a case-by-case 
basis. Under statutory requirements set forth in section 7(q) of the 
Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), a 
regulated party that seeks a waiver of a HUD regulation must request a 
waiver from HUD in writing and the waiver request must specify the need 
for the waiver. HUD then responds to the request in writing and, if the 
waiver is granted, HUD includes a summary of the waiver granted (and 
all regulatory waivers granted during a three-month period) in a 
Federal Register notice that is published quarterly. Since the damage 
to property and the displacement of families and individuals in the 
disaster areas is massive, and the need for regulatory relief in many 
areas pertaining to HUD-assisted housing is readily apparent, HUD is 
suspending its usual regulatory waiver protocols for the disaster areas 
and has substituted an expedited process that meets the requirements of 
section 7(q).
    In a quarterly notice of regulations waived, HUD will identify the 
PIH program administrators in the disaster areas that are utilizing one 
or more of the waived regulations in this notice or other regulations 
for which a waiver was requested or granted. The quarterly notice will 
also identify PIH program administrators that are located in non-
federally declared disaster areas and are contributing to Hurricane 
Katrina relief and recovery efforts that requested and were granted 
waivers in accordance with the waiver process provided in this notice.
    The regulatory and administrative requirements set forth in Section 
III of this notice have been waived or temporarily deferred or 
suspended as provided in this notice. This action was determined 
necessary to assist PIH program administrators in the disaster areas in 
facilitating the identification and delivery of housing for families 
and individuals displaced from their homes by Hurricane Katrina. PIH 
program administrators referenced in Section III of this notice (e.g., 
PHAs, TDHEs), even if, at times, not specifically described as PIH 
program administrators located in a disaster area, refer only to 
administrators located in disaster areas.

A. Statutory Requirements with Built-In Waiver Authority

1. Extension of Deadline for Obligation and Expenditure of Capital 
Funds
    Section 9(j)(2) of the U.S. Housing Act of 1937 (42 U.S.C. 
1437g(j)(2)) (1937 Act) authorizes the Secretary to extend the time 
period for obligation of capital funds by PHAs, as set forth in section 
9(j)(1), for such period as the Secretary

[[Page 57718]]

determines necessary if the Secretary determines that the failure of 
the agency to obligate assistance in a timely manner is attributable 
to, among other criteria listed, an event beyond the control of the 
PHA, or any other reason established by the Secretary by notice 
published in the Federal Register. Pursuant to section 9(j)(1) of the 
1937 Act, PHAs are required to obligate capital funds not later than 24 
months after the date on which the funds became available, or the date 
on which the PHA accumulates adequate funds to undertake modernization, 
substantial rehabilitation, or new construction of units, plus the 
period of any extension approved under section 9(j)(2). The occurrence 
of Hurricane Katrina was beyond the control of the PHAs located in the 
disaster areas and caused such massive and widespread destruction and 
displacement that the obligation deadline under section 9(j)(1) of the 
1937 Act is hereby extended pursuant to section 9(j)(2) of the 1937 Act 
for an additional 12 months for PHAs located in the areas declared a 
Federal disaster area.
    In addition, section 9(j)(5)(A) of the 1937 Act requires a PHA to 
expend capital funds not later than four years after the date on which 
the funds become available for obligation, plus the period of any 
extension approved under section 9(j)(2). The expenditure period under 
section 9(j)(5) is accordingly also extended in the affected areas for 
12 months to include the extension approved under section 9(j)(2). The 
extension of the section 9(j) obligation and extension deadlines made 
in this notice also apply to the implementing regulation for section 
9(j) at 24 CFR 905.120.
2. Waiver of ICDBG 50 Percent Downpayment Assistance Limitation for 
Low- and Moderate-Income Homebuyers
    Section 122 of the Housing and Community Development Act of 1974 
(42 U.S.C. 5321) authorizes the Secretary to suspend requirements for 
activities to address the damage in a Presidentially declared disaster 
area. Section 105(a)(24)(D) (42 U.S.C. 5305) permits a grantee to 
provide downpayment assistance to low- and moderate-income homebuyers, 
but limits the assistance to 50 percent of the amount of downpayment 
the homebuyer must provide. Because of the extraordinary need for 
housing among low- and moderate-income evacuees, HUD finds good cause 
to permit downpayment assistance of up to 100 percent for the purchase 
of homes in the disaster area.

B. Regulatory Requirements.

1. 24 CFR 5.216(g)(5) (Disclosure and Verification of Social Security 
and Employer Identification Numbers)
    Section 5.216 addresses the disclosure and verification of Social 
Security Numbers and employer identification numbers of applicants for 
assistance under certain HUD assisted housing programs. Section 
5.216(g) imposes special documentation requirements on applicants, and 
subsection (g)(5) establishes the time limit for submission of this 
documentation. The time period required for submission of verification 
documents is waived for a period of three months in the case of all 
families and for a period not to exceed 12 months with approval.
2. 24 CFR 5.512(c) (Verification of Eligible Immigration Status; 
Secondary Verification)
    Section 5.512 provides the process by which verification of 
eligible immigration status must be undertaken for families seeking 
assistance under certain HUD programs. While the declaration of 
eligibility and this verification process is required by statute and 
cannot be waived, HUD does have the authority to waive certain 
deadlines. Section 5.512(d) provides the time frame under which a 
secondary verification must be requested of the Immigration and Customs 
Enforcement (ICE) by the responsible entity when the primary 
verification (the automated verification system) is not conclusive of 
immigration status. The responsible entity must request ICE to 
undertake a secondary verification within 10 days of receipt of the 
results of the primary verification, and must provide the ICE with all 
records on the applicant evidencing citizen or eligible immigration 
status that the applicant has provided to the responsible entity. This 
notice provides that the time frame under which a secondary 
verification must be requested is expanded from 10 days of the date of 
the results of the primary verification to 90 days from such date.
3. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform Financial Reporting 
Standards (UFRS); Reporting Due Date)
    These sections establish uniform financial reporting standards for 
PHAs and other owners and administrators of HUD-assisted housing. 
Section 5.801(c) establishes the financial information requirements and 
Sec.  5.801(d)(1) establishes the filing deadline for financial 
information and provides that PHAs must submit their unaudited 
financial information no later than 60 days after the end of their 
fiscal year. This deadline is changed from 60 days to 180 days after 
the end of the PHA's fiscal year. In addition, Sec.  5.801(d)(1) 
requires that PHAs submit their audited financial information no later 
than nine months after the PHA's fiscal year end. For PHAs with fiscal 
years ending December 31, 2004, and March 31, 2005, this deadline is 
changed from nine months to 13 months after the end of the PHA's fiscal 
year. Although PHAs are still required to submit unaudited and audited 
financial information pursuant to UFRS, they will not be scored under 
the Public Housing Assessment System (PHAS), as more fully discussed in 
Section III.B.4. below.
4. 24 CFR part 902 (Public Housing Assessment System (PHAS))
    Part 902 sets out the indicators by which HUD measures the 
performance of a PHA. These indicators measure a PHA's physical 
condition, financial condition, management operations, and resident 
service and satisfaction. For PHAs in the areas declared a federal 
disaster area beginning with fiscal year end September 30, 2005, and 
for those with fiscal years ending March 31, 2005, and June 30, 2005, 
that have not yet received their physical condition inspections for 
2005, the PHAs score will be the same as their previous year score. 
However, PHAs are still required to submit unaudited and audited 
information in accordance with Section III.B.3.
5. 24 CFR 903.5 (Annual Plan Submission Deadline)
    Section 5A(h)(2) of the 1937 Act (42 U.S.C. 1437c-1(h)(2)) and 24 
CFR 903.5 provide that a PHA Annual Plan must be submitted no later 
than 75 days before the commencement of a PHA's fiscal year. Each PHA 
affected may have a different fiscal year and for those PHAs that are 
approaching this submission deadline, this requirement may be 
impossible to meet because the PHAs are not operating. Since this 
requirement is a statutory one and not waivable by HUD without further 
authority, HUD is seeking legislative relief. However, HUD will accept 
as a submission a letter from the PHA stating that HUD should consider 
its existing annual plan to be the plan for the next year or until it 
submits another annual plan. For Capital Fund activities, PHAs may 
obligate their Capital Funds for any activity listed in their existing 
and approved 5-year plan. PHAs should also submit amendments to their 
5-year plan to the extent necessary.

[[Page 57719]]

6. 24 CFR 905.10(i) (Capital Fund Formula; Limitation of Replacement 
Housing Funds to New Development)
    Section 905.10 describes the Capital Fund formula. Section 
905.10(i) limits the use of replacement housing funds to the 
development of new public housing. This section is waived to allow 
replacement housing funds to be used for two other areas, public 
housing modernization and homeownership for public housing families, 
which will help address housing needs as a result of the displacement 
caused by Hurricane Katrina.
7. 24 CFR 941.306 (Maximum Project Cost)
    Section 941.306 establishes the calculation of maximum project cost 
and the calculation of the total development cost. In order to 
facilitate the use of capital funds for repairs and construction for 
needed housing in the disaster areas, HUD has waived the total 
development cost (TDC) and housing cost cap limits for all work funded 
by the Capital Fund and HOPE VI funds until issuance of new TDC levels. 
Until new TDC levels are issued, PHAs should strive to keep housing 
costs reasonable given local market conditions.
8. 24 CFR 965.302 (Requirements for Energy Audits)
    This section establishes the requirement that all PHAs complete an 
energy audit for each PHA-owned project under management, not less than 
once every five years. PHAs that are required to conduct or update an 
audit this year are given an additional 12 months after September 30, 
2005, to complete the audit. HUD is relieving PHAs of this 
administrative burden so that they may focus on the more urgent need to 
house impacted families.
9. 24 CFR 982.54 (Administrative Plan)
    This section provides that a PHA must adopt a written 
administrative plan that establishes local policies for the 
administration of the Housing Choice Voucher Program in accordance with 
HUD requirements. In order to allow PHAs to exercise maximum 
flexibility with program administration as a result of Hurricane 
Katrina, the PHA may temporarily revise the administrative plan to 
address unique circumstances without PHA Board of Commissioners 
approval or other authorized PHA official approval if such Board or 
officials also waive this requirement.
10. 24 CFR 982.206 (Waiting List; Opening and Public Notice)
    This section requires a PHA to give the public notice that families 
may apply for tenant-based assistance. The regulation requires a PHA to 
publish a notice of the opening of the list in a local newspaper of 
general circulation, and also by minority media and other suitable 
means. The requirement to publish in a newspaper of general circulation 
and also by minority media is waived, and a PHA may provide such 
information on its Web site and at any of its offices and in a voice 
mail message for any callers that may inquire whether a list is opened.
11. 24 CFR 982.401(d) (Housing Quality Standards: Space Requirements)
    By regulation, Sec.  982.401 establishes housing quality standards. 
Section 982.401(d) provides, among other things, the requirement for 
adequate space for the family. With respect to space, this section 
provides that each dwelling unit must have at least one bedroom or 
living/sleeping room for each two persons. The spacing requirements of 
this section can be waived only if the family understands and consents 
to a waiver of this provision. Again, as noted from the outset, the 
waiver of these regulations does not represent a long-term change but 
rather a temporary suspension of requirements to address emergency 
needs.
12. 24 CFR 982.503(b) (Waiver of Payment Standard Limit; Establishing 
Payment Standard Amounts). [Waiver of this Provision Available Through 
Waiver Request.]
    Section 982.503(b) imposes a cap on the amount a PHA may establish 
as its payment standard amount at 110 percent of the published fair 
market rent (FMR). In order to expand the housing available to families 
displaced by Hurricane Katrina, PHAs in disaster areas may establish 
separate payment standards amounts up to 120 percent of the published 
FMR. Higher exception rents above 120 percent may be requested through 
the described expedited waiver process, but must be justified by rental 
housing data. In all cases, the actual gross rent for the unit leased 
by the family may not exceed what is charged for comparable unassisted 
units in the area.
    Note that areas whose rental housing markets have been 
significantly affected by families displaced by Hurricane Katrina may 
request a waiver through the expedited waiver review process, set forth 
in Section II of this notice, for approval of payment standards in 
excess of 110 percent of the published FMRs. However, the PHA must 
provide information indicating that (1) they have a significant number 
of displaced families and (2) area rents have increased.
13. 24 CFR 984.303 (Contract of Participation; Family Self-Sufficiency 
(FSS) Program; Extension of Contract) and 24 CFR 984.105 (Minimum 
Program Size)
    Part 984 of HUD's regulations provide the requirements for the 
Section 8 and Public Housing FSS Program. Section 984.303 sets out the 
requirements for the contract of participation and Sec.  984.303(d) 
allows for an extension of the FSS program for a period not to exceed 
two years. For those families at the end of their initial contract 
term, the two-year limitation is waived and PHAs may provide an 
extension for a period not to exceed three years. This additional time 
period would account for any time lost on the FSS contract as a result 
of the displacement of families participating in the FSS program. 
Section 984.105 sets out the requirements for minimum FSS program size. 
This notice exempts PHAs from the minimum program size (Sec.  
984.105(a) and (b)) for a period of two years.
14. 24 CFR part 985 (Section 8 Management Assessment Program (SEMAP))
    Part 985 sets out the requirements by which section 8 tenant-based 
assistance programs are assessed. Similar to the action that HUD has 
taken with respect to the PHAS regulations in 24 CFR part 902, PHAs 
administering a section 8 tenant-based assistance program are eligible 
to defer compliance with the SEMAP requirements for a period of 12 
months.
15. 24 CFR 990.145 (Dwelling Units with Approved Vacancies)
    Section 990.145 of the revised Operating Fund Program regulation 
(79 FR 54984, September 19, 2005) lists the categories of vacant units 
that are eligible to receive operating subsidy and, therefore, are 
considered approved vacancies. PHAs that had vacant units during the 
reporting period that were not ``approved'' vacancies pursuant to Sec.  
990.145, but were available for occupancy, may treat those units as 
approved vacancies if: (1) The PHA anticipates the units will be 
occupied by families and individuals affected by the disaster during 
the upcoming funding year, or (2) the PHA is holding the units vacant 
for families and individuals affected by the disaster.

[[Page 57720]]

16. 24 CFR 1000.156 and 1000.158 (IHBG Moderate Design Requirements for 
Housing Development)
    The IHBG program regulations at Sec. Sec.  1000.156 and 1000.158 
require that housing developed with IHBG funds must be of moderate 
design. Under these regulatory sections, IHBG recipients must either 
adopt written moderate design standards or comply with the TDC limits 
issued by HUD. In recognition of the higher development costs in 
communities affected by Hurricane Katrina, and to facilitate the 
development of housing for families in these communities, these 
moderate design requirements are waived for IHBG recipients until 
issuance of new TDC levels. Until new TDC levels are issued, IHBG 
recipients should strive to keep housing costs reasonable given local 
market conditions.
17. 24 CFR 1000.214 (Indian Housing Plan (IHP) Submission Deadline)
    To receive an IHBG formula allocation, an Indian tribe or its TDHE 
must annually submit an IHP to HUD describing the affordable housing 
activities the Indian tribe or TDHE will undertake. Section 1000.214 
requires that the IHP must be submitted to HUD no later than July 1 of 
each year. This section is waived to permit tribes and TDHEs to 
undertake affordable housing activities on behalf of families displaced 
by Hurricane Katrina, although these activities may not have been 
identified in the IHP originally submitted by the tribe or TDHE.
18. 24 CFR 1003.400(c) and Section I.C. of FY 2005 Indian Community 
Development Block Grants (ICDBG) Program Notice of Funding Availability 
(NOFA) (Grant Ceilings for ICDBG Imminent Threat Applications)
    The ICDBG regulations at Sec.  1003.400(c) provide that HUD will 
establish grant ceilings for imminent threat applications. On March 21, 
2005 (70 FR 13655), HUD published its FY 2005 ICDBG NOFA as part of 
HUD's FY 2005 SuperNOFA. Section I.C. of the FY 2005 ICDBG NOFA 
specifies that the grant ceiling for ICDBG imminent threat requests for 
FY 2005 is $425,000. This grant ceiling is waived to permit applicants 
to request imminent threat funding in excess of $425,000 if necessary 
to address disaster-related needs in their communities.
19. 24 CFR 1003.401 and Section I.C. of FY 2005 ICDBG NOFA (Application 
Requirements for ICDBG Imminent Threat Funds)
    The ICDBG regulations at Section 1003.401 provide that, in response 
to applications for assistance, HUD may make ICDBG funds available to 
applicants to address imminent threats to health and safety. The 
regulation further provides that applications must contain the 
information specified in the annual ICDBG NOFA. The required 
information that must be contained for imminent threat applications for 
FY 2005 is located in Section I.C. of the FY 2005 ICDBG NOFA. These 
application requirements are waived to permit Indian tribes located in 
areas affected by Hurricane Katrina to more expeditiously request and 
receive ICDBG imminent threat funds. Applicants located in these areas 
are still required to submit a request for imminent threat assistance 
to HUD in accordance with Section 1003.401 and the FY 2005 ICDBG NOFA, 
but it is no longer necessary for the request to contain the 
information listed in section I.C. of the NOFA.
20. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements)
    The ICDBG regulations at Sec.  1003.604 require applicants to 
consult with residents prior to submitting their funding applications. 
The consultation requirements have the potential to delay the ability 
of ICDBG recipients to address urgent housing, health, and safety needs 
of persons displaced by Hurricane Katrina. Accordingly, this section is 
waived to permit eligible ICDBG applicants to address disaster-related 
needs without the need for prior resident consultation.

    Dated: September 27, 2005.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. 05-19758 Filed 9-30-05; 8:45 am]
BILLING CODE 4210-33-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>