52870 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 

to (202) 395–6974. Comments must be 

submitted on or before October 14, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

should be made to Director, Records 

Management Division, 500 C Street, 

SW., Washington, DC 20472, Mail Drop 

Room 301, facsimile number (202) 646–

3347, or e-mail address FEMAInformation-Collections@dhs.gov. 

Dated: September 5, 2008 

John A. Sharetts-Sullivan, 

Director, Records Management Division, 

Office of Management, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. E8–21136 Filed 9–10–08; 8:45 am] 

BILLING CODE 9110–11–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2008–0010] 

National Fire Academy Board of 

Visitors 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Committee Management; Notice 

of Open Federal Advisory Committee 

Meeting. 

SUMMARY: The National Fire Academy 

Board of Visitors will meet on October 

2–4, 2008. 

DATES: The meeting will take place 

Thursday, October 2, 2008, from 8:30 

a.m. to 4 p.m., e.s.t.; Friday, October 3, 

2008, from 9 a.m. to 5 p.m., e.s.t.; and 

Saturday, October 4, 2008, from 9 a.m. 

to 11:30 a.m., e.s.t. Comments must be 

submitted by Thursday, October 9, 

2008. 

ADDRESSES: Members of the public who 

wish to obtain information for the 

public meeting may contact Teressa 

Kaas as listed in the FOR FURTHER

INFORMATION CONTACT section by 

September 30, 2008. Members of the 

public may participate by coming to the 

National Emergency Training Center, 

Building H, Room 300, Emmitsburg, 

Maryland. Members of the general 

public who plan to participate in the 

meeting should contact Teressa Kaas as 

listed in the FOR FURTHER INFORMATION

CONTACT section, on or before September 

30, 2008. Requests to have written 

material distributed to each member of 

the committee prior to the meeting 

should reach the contact person at the 

address below by September 30, 2008. 

Send written material to Teressa Kaas, 

16825 South Seton Avenue, 

Emmitsburg, Maryland 21727. 

Comments must be identified by Docket 

ID FEMA–2008–0010 and may be 

submitted by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: FEMA-RULES@dhs.gov. 

Include Docket ID in the subject line of 

the message. 

• Fax: (866) 466–5370. 

• Mail: Teressa Kaas, 16825 South 

Seton Avenue, Emmitsburg, Maryland 

21727. 

Instructions: All submissions received 

must include the Docket ID for this 

action. Comments received will be 

posted without alteration at 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received by the National Fire 

Academy Board of Visitors, go to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Teressa Kaas, 16825 South Seton 

Avenue, Emmitsburg, Maryland 21727, 

telephone (301) 447–1117, fax (301) 

447–1173, and e-mail 

teressa.kaas@dhs.gov. 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is given under the Federal 

Advisory Committee Act, 5 U.S.C. App. 

(Pub. L. 92–463). The National Fire 

Academy Board of Visitors will be 

holding a meeting for purposes of 

reviewing U.S. Fire Administration/ 

National Fire Academy Program 

activities, including the status of 

campus maintenance and capital 

improvements, the budget update, the 

annual Ethics Briefing, the Learning 

Management System update, the 

National Fire Programs update, the 

Education, Training and Partnerships 

update, the Academy update, and Board 

discussions and new items. This 

meeting is open to the public. 

The Chairperson of the National Fire 

Academy Board of Visitors shall 

conduct the meeting in a way that will, 

in his judgment, facilitate the orderly 

conduct of business. During its meeting, 

the committee welcomes public 

comment; however, comments will be 

permitted only during the public 

comment period. The Chairperson will 

make every effort to hear the views of 

all interested parties. Please note that 

the meeting may end early if all 

business is completed. 

Information on Services for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

meeting, contact Teressa Kaas as soon as 

possible. 

Dated: September 5, 2008. 

Denis G. Onieal, 

Superintendent, National Fire Academy, U.S. 

Fire Administration, Federal Emergency 

Management Agency. 

[FR Doc. E8–21127 Filed 9–10–08; 8:45 am] 

BILLING CODE 9110–17–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5250–N–01] 

Allocations and Common Application 

and Reporting Waivers Granted to and 

Alternative Requirements for Midwest 

Flood Community Development Block 

Grant (CDBG) Disaster Recovery 

Grantees Under the Supplemental 

Appropriations Act, 2008 

AGENCY: Office of the Secretary, HUD. 

ACTION: Notice of allocations, waivers, 

and alternative requirements. 

SUMMARY: This Notice advises the public 

of the initial allocation for grant funds 

for CDBG disaster recovery grants for 

the purpose of assisting in the recovery 

in areas covered by a declaration of 

major disaster under title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 

5121 et seq.) as a result of recent natural 

disasters. As described in the 

SUPPLEMENTARY INFORMATION section of 

this Notice, HUD is authorized by 

statute and regulations to waive 

statutory and regulatory requirements 

and specify alternative requirements for 

this purpose, upon the request of the 

state grantees. This Notice also 

describes the common application, 

eligibility, and administrative waivers 

and the common alternative and 

statutory requirements for the grants. 

DATES: Effective Date: September 16, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Jessie Handforth Kome, Director, 

Disaster Recovery and Special Issues 

Division, Office of Block Grant 

Assistance, Department of Housing and 

Urban Development, 451 7th Street, 

SW., Room 7286, Washington, DC 

20410, telephone number 202–708–

3587. Persons with hearing or speech 

impairments may access this number 

via TTY by calling the Federal 

Information Relay Service at 800–877–


rmajette on PRODPC74 with NOTICES
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8339. Facsimile inquiries may be sent to 

Ms. Kome at 202–401–2044. (Except for 

the ‘‘800’’ number, these telephone 

numbers are not toll-free.) 

SUPPLEMENTARY INFORMATION: 

Authority To Grant Waivers 

The Supplemental Appropriations 

Act, 2008 (Pub. L. 110–252, approved 

June 30, 2008) (Supplemental 

Appropriations Act) appropriates $300 

million, to remain available until 

expended, in CDBG funds for necessary 

expenses related to disaster relief, longterm recovery, and restoration of 

infrastructure in areas covered by a 

declaration of major disaster under title 

IV of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act 

(42 U.S.C. 5121 et seq.) as a result of 

recent natural disasters. The 

Supplemental Appropriations Act 

authorizes the Secretary to waive, or 

specify alternative requirements for, any 

provision of any statute or regulation 

that the Secretary administers in 

connection with the obligation by the 

Secretary or use by the recipient of these 

funds and guarantees, except for 

requirements related to fair housing, 

nondiscrimination, labor standards, and 

the environment (including 

requirements concerning lead based 

paint), upon a request by the state and 

a finding by the Secretary that such a 

waiver would not be inconsistent with 

the overall purpose of the statute. 

Additionally, regulatory waiver 

authority is provided by 24 CFR 5.110, 

91.600, and 570.5. The following 

application and reporting waivers and 

alternative requirements are in response 

to requests from each of the states 

receiving an allocation under this 

Notice. 

The Secretary finds that the following 

waivers and alternative requirements, as 

described below, are not inconsistent 

with the overall purpose of Title I of the 

Housing and Community Development 

Act of 1974, as amended (HCD Act), or 

the Cranston-Gonzalez National 

Affordable Housing Act, as amended. 

Under the requirements of the 

Department of Housing and Urban 

Development Reform Act of 1989 (the 

HUD Reform Act), regulatory waivers 

must be justified and published in the 

Federal Register. 

Except as described in this Notice, 

statutory and regulatory provisions 

governing the CDBG program for states, 

including those at 24 CFR part 570, 

shall apply to the use of these funds. In 

accordance with the Supplemental 

Appropriations Act, HUD will 

reconsider every waiver in this Notice 

on the two-year anniversary of the day 

this Notice is published. 

Additional Waivers 

Each state receiving an allocation may 

request additional waivers from the 

Department as needed to address the 

specific needs related to that state’s 

recovery activities. The Department will 

respond separately to the state’s 

requests for waivers of provisions not 

covered in this Notice, after working 

with the state to tailor the program to 

best meet the unique disaster recovery 

needs in its impacted areas. 

Allocations 

The Supplemental Appropriations 

Act provides $300 million of 

supplemental appropriation for the 

CDBG program for: 

Necessary expenses related to disaster 

relief, long-term recovery, and restoration of 

infrastructure in areas covered by a 

declaration of major disaster under title IV of 

the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et 

seq.) as a result of recent natural disasters. 

The law further notes: 

That funds provided under this heading 

shall be administered through an entity or 

entities designated by the Governor of each 

state. Provided further, that funds allocated 

under this heading shall not adversely affect 

the amount of any formula assistance 

received by a state under this heading: 

Provided further, that each state may use up 

to five percent of its allocation for 

administrative costs. 

HUD computes allocations based on 

data that is generally available covering 

all the eligible affected areas. Two 

challenges arose in making this 

allocation. First, the statute gave very 

little guidance on what states are to 

receive funding, so HUD had to 

determine the eligible universe of 

grantees. The appropriation calls for 

funding ‘‘recent natural disasters.’’

Since this appropriation was enacted on 

June 30, 2008, and was developed while 

there was significant awareness of 

flooding in the Midwest, the 

Department’s primary assumption was 

that the funds were targeted to the 

Midwest flooding. However, there were 

also several other severe storms, 

flooding, and tornado events that 

received major disaster declarations 

during the same time frame. There were 

no declared disasters in April 2008, 

which allows for a natural break and 

argues that ‘‘recent disasters’’ is most 

likely to be those occurring after this 

lull. Therefore, HUD is defining ‘‘recent 

natural disasters’’ to be all major natural 

disasters that occurred and were 

declared from May 1, 2008, through 

June 30, 2008. This would limit the 

eligibility for an allocation to disasters 

in the states shown below. 

TABLE 1—FEDERALLY DECLARED DISASTERS IN MAY AND JUNE 2008 

No. Declared date State Title 

1773 .......... 25-Jun-08 ................................. Missouri .................................... Severe Storms and Flooding.

1772 .......... 25-Jun-08 ................................. Minnesota ................................. Severe Storms and Flooding. 

1771 .......... 24-Jun-08 ................................. Illinois ....................................... Severe Storms and Flooding. 

1770 .......... 20-Jun-08 ................................. Nebraska .................................. Severe Storms, Tornadoes, and Flooding. 

1769 .......... 19-Jun-08 ................................. West Virginia ............................ Severe Storms, Tornadoes, Flooding, Mudslides, and Landslides. 

1768 .......... 14-Jun-08 ................................. Wisconsin ................................. Severe Storms, Tornadoes, and Flooding. 

1766 .......... 8-Jun-08 ................................... Indiana ...................................... Severe Storms and Flooding. 

1763 .......... 27-May-08 ................................ Iowa .......................................... Severe Storms, Tornadoes, and Flooding. 

1762 .......... 26-May-08 ................................ Colorado ................................... Severe Storms and Tornadoes. 

1760 .......... 23-May-08 ................................ Missouri .................................... Severe Storms and Tornadoes.

1758 .......... 20-May-08 ................................ Arkansas .................................. Severe Storms, Flooding, and Tornadoes. 

1756 .......... 14-May-08 ................................ Oklahoma ................................. Severe Storms, Tornadoes, and Flooding. 

1755 .......... 9-May-08 .................................. Maine ........................................ Severe Storms and Flooding. 

1753 .......... 8-May-08 .................................. Mississippi ................................ Severe Storms and Flooding. 


rmajette on PRODPC74 with NOTICES
52872 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 

HUD is aware that other federal 

programs, such as Federal Emergency 

Management Agency (FEMA) Public 

Assistance and Small Business 

Administration (SBA) loans, exist to 

support disaster recovery. Compared to 

the number of major disaster 

declarations, the number of times 

Congress has appropriated CDBG 

supplemental disaster recovery funds is 

very small. The Department believes it 

is reasonable to limit the allocations to 

places experiencing a significant need 

for additional federal assistance to 

facilitate long-term recovery and 

generally applies a funding threshold, in 

this case, of $2 million. Thus, it is very 

likely that not all of the eligible universe 

will be funded. 

The second challenge in allocating 

supplemental disaster appropriations is 

the trade off of a timely allocation 

versus having the most complete data 

needed to make a fully informed 

allocation. CDBG disaster recovery 

assistance is intended to fund long-term 

disaster recovery. States need to know 

relatively quickly how much they are to 

receive so that they can begin 

developing their recovery plans. 

However, a fair allocation generally 

depends on having good data similarly 

collected for all eligible states so that 

the needs of each state are fully taken 

into consideration. In this case, where 

funds were appropriated at a time when 

some of the disasters were still ongoing, 

the data for most disasters and thus 

most states is still incomplete. Complete 

data to make a full allocation may not 

be available until mid- to late September 

at the earliest. However, HUD believed 

it was unreasonable to hold funds that 

are currently needed as the Department 

waits for more complete data. As such, 

HUD is making a two-stage allocation: 

$100 million was allocated on August 4, 

2008, to the three most affected states 

and the remaining funds will be 

allocated in mid-September or October 

when more complete data are available. 

Enough data were available from FEMA, 

SBA, and other sources to make 

reasonable initial allocation to the states 

with the most severe damage due to the 

incidents noted in the table above. The 

Department was concerned that the first 

stage of the two-stage allocation not 

over-fund a grantee. Currently, the 

Department can say with confidence 

that the following grants would not be 

over-funding the disaster recovery needs 

of the states receiving allocations. 

State Amount allocated 

Indiana .............................. $10,000,000 

Iowa .................................. 85,000,000 

State Amount allocated 

Wisconsin ......................... 5,000,000 

As soon as better data are available, 

HUD will compute allocations for the 

remaining $200 million and announce 

them. A state included in that 

announcement may immediately 

proceed to prepare and submit an 

Action Plan for disaster recovery in 

accordance with this Notice, although 

HUD will not be able to make the grant 

until the allocations are published in 

the Federal Register. Therefore, HUD 

commits to determining, announcing, 

and publishing the additional 

allocations swiftly once the data are 

available. 

HUD will invite each grantee 

receiving an allocation under the 

Supplemental Appropriations Act to 

submit an Action Plan for Disaster 

Recovery in accordance with this 

Notice. 

The Supplemental Appropriations 

Act requires funds be used only for 

disaster relief, long-term recovery, and 

restoration of infrastructure in areas 

covered by a declaration of major 

disaster under title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.) 

as a result of recent natural disasters. 

The statute directs that each grantee will 

describe in its Action Plan for Disaster 

Recovery how the use of the grant funds 

will address long-term recovery and 

infrastructure restoration. HUD will 

monitor compliance with this direction 

and may be compelled to disallow 

expenditures if it finds uses of funds are 

not disaster-related, or funds allocated 

duplicate other benefits. HUD 

encourages grantees to contact their 

assigned HUD offices for guidance in 

complying with these requirements 

during development of their Action 

Plans for Disaster Recovery or if they 

have any questions regarding meeting 

these requirements. 

As provided for in the Supplemental 

Appropriations Act, the funds may not 

be used for activities reimbursable by or 

for which funds are made available by 

the Federal Emergency Management 

Agency or the Army Corps of Engineers. 

Prevention of Fraud, Abuse, and 

Duplication of Benefits 

The Supplemental Appropriations 

Act also directs the Secretary to: 

Establish procedures to prevent recipients 

from receiving any duplication of benefits 

and report quarterly to the Committees on 

Appropriations with regard to all steps taken 

to prevent fraud and abuse of funds made 

available under this heading including 

duplication of benefits. 

To meet this directive, HUD is pursuing 

four courses of action. First, this Notice 

includes specific reporting, written 

procedures, monitoring, and internal 

audit requirements for grantees. Second, 

to the extent its resources allow, HUD 

will institute risk analysis and on-site 

monitoring of grantee management of 

the grants and of the specific uses of 

funds. Third, HUD will be extremely 

cautious in considering any waiver 

related to basic financial management 

requirements. The standard, time-tested 

CDBG financial requirements will 

continue to apply. Fourth, HUD is 

collaborating with the HUD Office of 

Inspector General to plan and 

implement oversight of these funds. 

Waiver Justification 

This section of the Notice briefly 

describes the basis for each waiver and 

related alternative requirements, if any. 

Each state eligible for a disaster 

recovery grant receives annual CDBG 

allocations, has a consolidated plan, a 

citizen participation plan, a monitoring 

plan, and has made CDBG certifications. 

HUD encourages each CDBG disaster 

recovery grantee to carry out CDBG 

disaster recovery activities in the 

context of its ongoing community 

development program to the extent 

feasible (for example, by selecting 

activities consistent with the 

consolidated plan, by providing overall 

benefit to at least 70 percent low- and 

moderate-income persons, and by 

holding hearings or meetings to solicit 

public comment). 

The waivers, alternative requirements, 

and statutory changes described in this 

Notice apply only to the CDBG 

supplemental disaster recovery funds 

appropriated in the Supplemental 

Appropriations Act, not to funds 

provided under the regular CDBG 

program. These actions provide 

additional flexibility in program design 

and implementation and implement 

statutory requirements unique to this 

appropriation. 

Application for Allocations Under the 

Supplemental Appropriations Act 

These waivers and alternative 

requirements streamline the pre-grant 

process and set the guidelines for states’

applications for their allocations. HUD 

encourages each grantee that receives an 

allocation to submit an Action Plan for 

Disaster Recovery to HUD as soon as 

practicable following an allocation 

announcement. 

Overall Benefit to Low- and ModerateIncome Persons 

Pursuant to explicit authority in the 

Supplemental Appropriations Act, HUD 


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Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 52873 

is granting an overall benefit waiver that 

allows for up to 50 percent of the grant 

to assist activities under the urgent need 

or prevention or elimination of slums 

and blight national objectives, rather 

than the 30 percent allowed in the 

annual state CDBG program. The 

primary objective of Title I of the 

Housing and Community Development 

Act and of the funding program of each 

grantee is ‘‘development of viable urban 

communities, by providing decent 

housing and a suitable living 

environment and expanding economic 

opportunities, principally for persons of 

low and moderate income.’’ The statute 

goes on to set the standard of 

performance for this primary objective 

at 70 percent of the aggregate of the 

funds used for support of activities 

producing benefit to low- and moderateincome persons. Since extensive 

damage to community structures and 

housing affected those with varying 

incomes, and income-producing jobs are 

often lost for a period of time following 

a disaster, HUD is waiving the 70 

percent overall benefit requirement, 

leaving the 50 percent requirement, to 

give grantees even greater flexibility to 

carry out recovery activities within the 

confines of the CDBG program national 

objectives. HUD may only provide 

additional waivers of this requirement if 

it makes a finding of compelling need. 

The requirement that each activity meet 

one of the three national objectives is 

not waived. 

Expanded Distribution and Direct 

Action 

The waivers and alternative 

requirements allowing distribution of 

funds by a state to entitlement 

communities and Indian tribes, and to 

allow a state to carry out activities 

directly rather than distribute all funds 

to units of local government are 

consistent with waivers granted for 

previous, similar disaster recovery 

cases. HUD believes that, in using very 

similar statutory language to that used 

for the CDBG supplemental 

appropriations for Hurricane Katrina, 

Rita, and Wilma recovery, Congress is 

signaling its intent that the states under 

this appropriation also be able to carry 

out activities directly. Therefore, HUD is 

waiving program requirements to 

support this. HUD is also including in 

this Notice the necessary 

complementary waivers and alternative 

requirements related to subrecipients to 

ensure proper management and 

disposition of funds during the grant 

execution and at closeout. 

Consistency With the Consolidated Plan 

HUD is waiving the requirement for 

consistency with the consolidated plan 

because the effects of a major disaster 

usually alter a grantee’s priorities for 

meeting housing, employment, and 

infrastructure needs. To emphasize that 

uses of grant funds must be consistent 

with the overall purposes of the HCD 

Act, HUD is limiting the scope of the 

waiver for consistency with the 

consolidated plan; it applies only until 

the grantee first updates its consolidated 

plan priorities following the disaster. 

Action Plan for Disaster Recovery 

HUD is waiving the CDBG action plan 

requirements and substituting an Action 

Plan for Disaster Recovery. This will 

allow rapid implementation of disaster 

recovery grant programs and ensure 

conformance with provisions of the 

Supplemental Appropriations Act. 

Where possible, the Action Plan for 

Disaster Recovery, including 

certifications, does not repeat common 

action plan elements the grantee has 

already committed to carry out as part 

of its annual CDBG submission. 

Although a state as the grantee may 

designate an entity or entities to 

administer the funds, the state is 

responsible for compliance with federal 

requirements. During the course of the 

grant, HUD will monitor the state’s use 

of funds and its actions for consistency 

with the Action Plan. The state may 

submit an initial partial Action Plan and 

amend it one or more times 

subsequently until the Action Plan 

describes uses for the total grant 

amount. The state may also amend 

activities in its Action Plan. 

Citizen Participation 

The citizen participation waiver and 

alternative requirements will permit a 

more streamlined public process, but 

one that still provides for reasonable 

public notice, appraisal, examination, 

and comment on the activities proposed 

for the use of CDBG disaster recovery 

grant funds. The waiver removes the 

requirement at both the grantee and 

state grant recipient levels for public 

hearings or meetings as the method for 

disseminating information or collecting 

citizen comments. Instead, grantees are 

encouraged to employ innovative 

methods to communicate with citizens 

and solicit their views on proposed uses 

of disaster recovery funds, and then to 

indicate in the Action Plan how it has 

addressed these views. 

Administration Limitation 

State program administration 

requirements must be modified to be 

consistent with the Supplemental 

Appropriations Act, which allows up to 

five percent of the grant to be used for 

the state’s administrative costs. The 

provisions at 42 U.S.C. 5306(d) and 24 

CFR 570.489(a)(1)(i) and (iii) will not 

apply to the extent that they cap state 

administration expenditures and require 

a dollar for dollar match of state funds 

for administrative costs exceeding 

$100,000. HUD does not waive 24 CFR 

570.489(a)(3) to allow the state to 

exceed the overall planning, 

management and administrative cap of 

20 percent. 

Use of Subrecipients 

The State CDBG program rule does 

not make specific provision for the 

treatment of the entities called 

‘‘subrecipients’’ in the CDBG 

entitlement program. The waiver 

allowing the state to carry out activities 

directly creates a situation in which the 

state may use subrecipients to carry out 

activities in a manner similar to 

entitlement communities rather than 

using a method of distributing funds to 

local governments. HUD and its Office 

of Inspector General have long 

identified the use of subrecipients as a 

practice that increases the risk of abuse 

of funds. HUD’s experience is that this 

risk can be successfully managed by 

following the CDBG entitlement 

requirements and related guidance. 

Therefore, HUD is requiring that a state 

taking advantage of the waiver allowing 

it to carry out activities directly must 

follow the alternative requirements 

drawn from the CDBG entitlement rule 

and specified in this Notice when using 

subrecipients. 

Reporting 

HUD is waiving the annual reporting 

requirement because the Congress 

requires quarterly reports from the 

grantees and from HUD on various 

aspects of the uses of funds and of the 

activities funded with these grants. 

Many of the data elements the grantees 

will report to Congress quarterly are the 

same as those that HUD will use to 

exercise oversight for compliance with 

the requirements of this Notice and for 

prevention of fraud, abuse of funds, and 

duplication of benefits. To collect these 

data elements and to meet its reporting 

requirements, HUD is requiring each 

grantee to report to HUD quarterly using 

the online Disaster Recovery Grant 

Reporting (DRGR) system, which uses a 

streamlined, Internet-based format. HUD 

will use grantee reports to monitor for 

anomalies or performance problems that 

suggest fraud, abuse of funds, and 

duplication of benefits; to reconcile 

budgets, obligations, fund draws, and 

expenditures; and to calculate 


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applicable administrative and public 

service limitations and the overall 

percent of benefit to low- and moderateincome persons, and as a basis for risk 

analysis in determining a monitoring 

plan. 

The grantee must post the report on 

a Web site for its citizens within 3 days 

of the report’s submission to HUD. If a 

grantee chooses, it may use this report, 

together with a statement regarding any 

sole source procurements, as its 

required quarterly submission to the 

Committees on Appropriations. Each 

quarter, HUD will submit to the 

Committees a summary description of 

its report reviews, other HUD 

monitoring and technical assistance 

activities undertaken during the quarter, 

and any significant conclusions related 

to fraud or abuse of funds or duplication 

of benefits. 

Eligibility—Housing Related 

The waiver of Section 105(a) of the 

1974 Act that allows new housing 

construction and of Section 105(a)(24), 

to allow homeownership assistance for 

families whose income is up to 120 

percent of median income and payment 

of up to 100 percent of a housing down 

payment is necessary following major 

disasters in which large numbers of 

affordable housing units have been 

damaged or destroyed, as is the case in 

the disaster eligible under this notice. 

The broadening of the Section 

105(a)(24) waiver, in accordance with 

the state’s request, will allow the state 

to implement mixed-use housing 

recovery programs included in its HUDaccepted action plan. 

Anti-Pirating 

The limited waiver of the anti-pirating 

requirements allows the flexibility to 

provide assistance to a business located 

in another state or market area within 

the same state if the business was 

displaced from a declared area within 

the state by the disaster and the 

business wishes to return. This waiver 

is necessary to allow a grantee affected 

by a major disaster to rebuild its 

employment base. 

Relocation Requirements 

The states’ plan to engage in 

voluntary acquisition and optional 

relocation activities (in a form often 

called ‘‘buyouts’’) by using waivers 

related to acquisition and relocation 

requirements under the Uniform 

Relocation Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended, (42 U.S.C. 4601 et seq.) (URA) 

and the replacement of housing and 

relocation assistance provisions under 

section 104(d) of the HCD Act. The 

states asked for waivers to help promote 

the acquisition of property and the 

replacement of housing in a timely and 

efficient manner. 

CDBG funds are federal financial 

assistance so their use in projects that 

involve acquisition of property 

necessary for a federally assisted 

project, or that involve acquisition, 

demolition, or rehabilitation that force a 

person to move permanently, are subject 

to the URA and the government-wide 

implementing regulations found at 49 

CFR part 24. The URA provides 

assistance and protections to 

individuals and businesses affected by 

Federal or federally assisted projects. 

HUD is waiving the following URA 

requirements to help promote 

accessibility to suitable decent, safe, and 

sanitary housing for Midwest flooding 

victims. 

The acquisition requirements of the 

URA and implementing regulations are 

waived so that they do not apply to an 

arm’s length voluntary purchase carried 

out by a person that does not have the 

power of eminent domain, in 

connection with the purchase and 

occupancy of a principal residence by 

that person. The failure to suspend 

these requirements would impede 

disaster recovery and may result in 

windfall payments. 

A limited waiver of the URA 

implementing regulations to the extent 

that they require grantees to provide 

URA financial assistance sufficient to 

reduce the displaced person’s postdisplacement rent/utility cost to 30 

percent of household income. The 

failure to suspend these one-size-fits-all 

requirements could impede disaster 

recovery. To the extent that a tenant has 

been paying rents in excess of 30 

percent of household income without 

demonstrable hardship, rental 

assistance payments to reduce tenant 

costs to 30 percent would not be 

required. 

The URA and implementing 

regulations to the extent necessary to 

permit a grantee to meet all or a portion 

of a grantee’s replacement housing 

financial assistance obligation to a 

displaced renter by offering rental 

housing through a tenant-based rental 

assistance (TBRA) housing program 

subsidy (e.g., Section 8 rental voucher 

or certificate) provided that the renter is 

also provided referrals to suitable, 

available rental replacement dwellings 

where the owner is willing to 

participate in the TBRA program, and 

the period of authorized assistance is at 

least 42 months. Failure to grant the 

waiver would impede disaster recovery 

whenever TBRA program subsidies are 

available but funds for cash relocation 

assistance are limited. The change 

provides access to an additional 

relocation resource option. 

The URA and implementing 

regulations to the extent that they 

require a grantee to offer a person 

displaced from a dwelling unit the 

option to receive a ‘‘moving expense 

and dislocation allowance’’ based on the 

current schedule of allowances prepared 

by the Federal Highway Administration, 

provided that the grantee establishes 

and offers the person a moving expense 

and dislocation allowance under a 

schedule of allowances that is 

reasonable for the jurisdiction and takes 

into account the number of rooms in the 

displacement dwelling, whether the 

person owns and must move the 

furniture, and, at a minimum, the kinds 

of expenses described in 49 CFR 24.301. 

Failure to suspend this provision would 

impede disaster recovery by requiring 

grantees to offer allowances that do not 

reflect current local labor and 

transportation costs. Persons displaced 

from a dwelling remain entitled to 

choose a payment for actual reasonable 

moving and related expenses if they 

find that approach preferable to the 

locally established moving expense and 

dislocation allowance. 

In addition to the URA waivers, HUD 

is waiving requirements of section 

104(d) of the HCD Act dealing with onefor-one replacement of low- and 

moderate-income housing units 

demolished or converted in connection 

with a CDBG-assisted development 

project for housing units damaged by 

one or more disasters. HUD is waiving 

this requirement because it does not 

take into account the large, sudden 

changes a major disaster may cause to 

the local housing stock, population, or 

local economy. Further, the requirement 

does not take into account the threats to 

public health and safety and to 

economic revitalization that may be 

caused by the presence of disasterdamaged structures that are unsuitable 

for rehabilitation. As it stands, the 

requirement would impede disaster 

recovery and discourage grantees from 

acquiring, converting, or demolishing 

disaster-damaged housing because of 

excessive costs that would result from 

replacing all such units within the 

specified timeframe. HUD is also 

waiving the relocation assistance 

requirements contained in section 

104(d) of the HCD Act to the extent they 

differ from those of the URA (42 U.S.C. 

4601 et seq.). This change will simplify 

implementation while preserving 

statutory protections for persons 

displaced by projects assisted with 

CDBG disaster recovery grant funds. 


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Iowa has indicated that an additional 

reason for these waivers is related to its 

decision to administer some buyouts 

that will include in the same project 

funds under this notice and FEMA 

mitigation funding. The statutory 

requirements of the URA are also 

applicable to the administration of 

FEMA assistance, and disparities in 

rental assistance payments for activities 

funded by HUD and that agency will 

thus be eliminated. FEMA is subject to 

the requirements of the URA. Pursuant 

to this authority, FEMA requires that 

rental assistance payments be calculated 

on the basis of the amount necessary to 

lease or rent comparable housing for a 

period of 42 months. HUD is also 

subject to these requirements, but is also 

covered by alternative relocation 

provisions authorized under 42 U.S.C. 

5304(d)(2)(A)(iii) and (iv) and 

implementing regulations at 24 CFR 

42.350. These alternative relocation 

benefits, available to low- and moderateincome displacees opting to receive 

them in certain HUD programs, require 

the calculation of similar rental 

assistance payments on the basis of 60 

months, rather than 42 months, thereby 

creating a disparity between the 

available benefits offered by HUD and 

FEMA (although not always an actual 

cash difference). The waiver assures 

uniform and equitable treatment by 

allowing the URA benefits requirements 

to be the standard for assistance under 

this notice. 

Program Income 

A combination of CDBG provisions 

limits the flexibility available to the 

states for the use of program income. 

Prior to 2002, program income earned 

on disaster recovery grants has usually 

been program income in accordance 

with the rules of the regular CDBG 

program of the applicable state and has 

lost its disaster grant identity, thus 

losing use of the waivers and 

streamlined alternative requirements. 

Also, the State CDBG program rule and 

law are designed for a program in which 

the state distributes all funds rather than 

carrying out activities directly. The HCD 

Act specifically provides for a local 

government receiving CDBG grants from 

a state to retain program income if it 

uses the funds for additional eligible 

activities under the annual CDBG 

program. The HCD Act allows the state 

to require return of the program income 

to the state under certain circumstances. 

This notice waives the existing statute 

and regulations to give the states, in all 

circumstances, the choice of whether a 

local government receiving a 

distribution of CDBG disaster recovery 

funds and using program income for 

activities in the Action Plan may retain 

this income and use it for additional 

disaster recovery activities. In addition, 

this notice allows program income to 

the disaster recovery grant generated by 

activities undertaken directly by the 

state or its agent(s) to retain the original 

disaster recovery grant’s alternative 

requirements and waivers and to remain 

under the state’s discretion until grant 

closeout, at which point any program 

income on hand or received 

subsequently will become program 

income to the state’s annual CDBG 

program. The alternative requirements 

provide all the necessary conforming 

changes to the program income 

regulations. 

Certifications 

HUD is waiving the standard 

certifications and substituting 

alternative certifications. The alternative 

certifications are tailored to CDBG 

disaster recovery grants and remove 

certifications and references that are 

redundant or appropriate to the annual 

CDBG formula program. 

Applicable Rules, Statutes, Waivers, 

and Alternative Requirements 

Pre-Grant Process 

1. General note. Prerequisites to a 

grantee’s receipt of CDBG disaster 

recovery assistance include adoption of 

a citizen participation plan; publication 

of its proposed Action Plan for Disaster 

Recovery; public notice and comment; 

and submission to HUD of an Action 

Plan for Disaster Recovery, including 

certifications. Except as described in 

this Notice, statutory and regulatory 

provisions governing the Community 

Development Block Grant program for 

states, including those at 42 U.S.C. 5301 

et seq. and 24 CFR part 570, shall apply 

to the use of these funds. 

2. Overall benefit waiver and 

alternative requirement. The 

requirements at 42 U.S.C. 5301(c), 42 

U.S.C. 5304(b)(3)(A), and 24 CFR 

570.484 that 70 percent of funds are for 

activities that benefit low- and 

moderate-income persons are waived to 

stipulate that at least 50 percent of 

disaster recovery grant funds are for 

activities that principally benefit lowand moderate-income persons. 

3. Direct grant administration by 

states and means of carrying out eligible 

activities. Requirements at 42 U.S.C. 

5306 are waived to the extent necessary 

to allow a state to use its disaster 

recovery grant allocation directly to 

carry out state-administered activities 

eligible under this Notice. Activities 

eligible under this Notice may be 

undertaken, subject to state law, by the 

recipient through its employees, or 

through procurement contracts, or 

through loans or grants under 

agreements with subrecipients, or by 

one or more entities that are designated 

by the chief executive officer of the 

state. Unless a waiver provides 

otherwise, activities made eligible under 

section 105(a)(15) of the HCD Act, as 

amended, may only be undertaken by 

entities specified in that section, 

whether the assistance is provided to 

such an entity from the state or from a 

unit of general local government. 

4. Consolidated Plan waiver. 

Requirements at 42 U.S.C. 12706 and 24 

CFR 91.325(a)(6), that housing activities 

undertaken with CDBG funds be 

consistent with the strategic plan, are 

waived. Further, 42 U.S.C. 5304(e), to 

the extent that it would require HUD to 

annually review grantee performance 

under the consistency criteria, is also 

waived. These waivers apply only until 

the time that the grantee first updates 

the consolidated plan priorities 

following the disaster. 

5. Citizen participation waiver and 

alternative requirement. Provisions of 

42 U.S.C. 5304(a)(2) and (3), 42 U.S.C. 

12707, 24 CFR 570.486, and 24 CFR 

91.115(b) with respect to citizen 

participation requirements are waived 

and replaced by the requirements 

below. The streamlined requirements do 

not mandate public hearings at either 

the state or local government level, but 

do require providing a reasonable 

opportunity (at least 7 days) for citizen 

comment and ongoing citizen access to 

information about the use of grant 

funds. The streamlined citizen 

participation requirements for this grant 

are: 

a. Before the grantee adopts the action 

plan for this grant or any substantial 

amendment to this grant, the grantee 

will publish the proposed plan or 

amendment (including the information 

required in this Notice for an Action 

Plan for Disaster Recovery). The manner 

of publication (including prominent 

posting on the state, local, or other 

relevant Web site) must afford citizens, 

affected local governments and other 

interested parties a reasonable 

opportunity to examine the plan or 

amendment’s contents. Subsequent to 

publication, the grantee must provide a 

reasonable time period and method(s) 

(including electronic submission) for 

receiving comments on the plan or 

substantial amendment. The grantee’s 

plans to minimize displacement of 

persons or entities and to assist any 

persons or entities displaced must be 

published with the action plan. 

b. In the action plan, each grantee will 

specify its criteria for determining what 


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changes in the grantee’s activities 

constitute a substantial amendment to 

the plan. At a minimum, adding or 

deleting an activity or changing the 

planned beneficiaries of an activity will 

constitute a substantial change. The 

grantee may modify or substantially 

amend the action plan if it follows the 

same procedures required in this Notice 

for the preparation and submission of an 

Action Plan for Disaster Recovery. The 

grantee must notify HUD, but is not 

required to notify the public, when it 

makes any plan amendment that is not 

substantial. 

c. The grantee must consider all 

comments received on the action plan 

or any substantial amendment and 

submit to HUD a summary of those 

comments and the grantee’s response 

with the action plan or substantial 

amendment. 

d. The grantee must make the action 

plan, any substantial amendments, and 

all performance reports available to the 

public. HUD recommends posting them 

on the Internet. In addition, the grantee 

must make these documents available in 

a form accessible to persons with 

disabilities and non-English-speaking 

persons. During the term of this grant, 

the grantee will provide citizens, 

affected local governments, and other 

interested parties reasonable and timely 

access to information and records 

relating to the action plan and the 

grantee’s use of this grant. 

e. The grantee will provide a timely 

written response to every citizen 

complaint. Such response will be 

provided within 15 working days of the 

receipt of the complaint, if practicable. 

6. Modify requirement for 

consultation with local governments. 

Currently, the statute and regulations 

require consultation with affected units 

of local government in the nonentitlement area of the state regarding 

the state’s proposed method of 

distribution. HUD is waiving 42 U.S.C. 

5306(d)(2)(C)(iv), 24 CFR 91.325(b), and 

24 CFR 91.110, with the alternative 

requirement that the state consult with 

all disaster-affected units of general 

local government, including any CDBG 

entitlement communities, in 

determining the use of funds. 

7. Action Plan waiver and alternative 

requirement. The requirements at 42 

U.S.C. 12705(a)(2), 42 U.S.C. 5304(a)(1), 

42 U.S.C. 5304(m), 42 U.S.C. 

5306(d)(2)(C)(iii), 24 CFR 1003.604, and 

24 CFR 91.320 are waived for these 

disaster recovery grants. Each state must 

submit to HUD an Action Plan for 

Disaster Recovery that describes: 

a. The effects of the covered disasters, 

especially in the most impacted areas 

and populations, and the greatest 

recovery needs resulting from the 

covered disasters that have not been 

addressed by insurance proceeds, other 

federal assistance or any other funding 

source; 

b. The grantee’s overall plan for 

disaster recovery including: 

(1) How the state will promote sound 

short- and long-term recovery planning 

at the state and local levels, especially 

land use decisions that reflect 

responsible flood plain management, 

removal of regulatory barriers to 

reconstruction, and prior coordination 

with planning requirements of other 

state and Federal programs and entities; 

(2) How the state will encourage 

construction methods that emphasize 

high quality, durability, energy 

efficiency, sustainability, and mold 

resistance, including how the state will 

promote enactment and enforcement of 

modern building codes and mitigation 

of flood risk where appropriate; and 

(3) How the state will provide or 

encourage provision of adequate, floodresistant housing for all income groups 

that lived in the disaster affected areas 

prior to the incident date(s) of the 

applicable disaster(s), including a 

description of the activities it plans to 

undertake to address emergency shelter 

and transitional housing needs of 

homeless individuals and families 

(including subpopulations), to prevent 

low-income individuals and families 

with children (especially those with 

incomes below 30 percent of median) 

from becoming homeless, to help 

homeless persons make the transition to 

permanent housing and independent 

living, and to address the special needs 

of persons who are not homeless 

identified in accordance with 24 CFR 

91.315(d); 

c. Monitoring standards and 

procedures that are sufficient to ensure 

program requirements, including nonduplication of benefits, are met and that 

provide for continual quality assurance, 

investigation, and internal audit 

functions, with responsible staff 

reporting independently to the Governor 

of the state or, at a minimum, to the 

chief officer of the governing body of 

any designated administering entity; 

d. A description of the steps the state 

will take to avoid or mitigate 

occurrences of fraud, abuse, and 

mismanagement, especially with respect 

to accounting, procurement, and 

accountability, with a description of 

how the state will provide for increasing 

the capacity for implementation and 

compliance of local government grant 

recipients, subrecipients, subgrantees, 

contractors, and any other entity 

responsible for administering activities 

under this grant; and 

e. Method of distribution. The state’s 

method of distribution shall include 

descriptions of the method of allocating 

funds to units of local government and 

of specific projects the state will carry 

out directly, as applicable. The 

descriptions will include: 

(1) When funds are to be allocated to 

units of local government, all criteria 

used to select applications from local 

governments for funding, including the 

relative importance of each criterion, 

and including a description of how the 

disaster recovery grant resources will be 

allocated among all funding categories 

and the threshold factors and grant size 

limits that are to be applied; and 

(2) When the state will carry out 

activities directly, the projected uses for 

the CDBG disaster recovery funds by 

responsible entity, activity, and 

geographic area; 

(3) How the method of distribution to 

local governments or use of funds 

described in accordance with the above 

subparagraphs will result in eligible 

uses of grant funds related to long-term 

recovery from specific effects of the 

disaster(s) or restoration of 

infrastructure; and 

(4) Sufficient information so that 

citizens, units of general local 

government and other eligible 

subgrantees or subrecipients will be able 

to understand and comment on the 

action plan and, if applicable, be able to 

prepare responsive applications to the 

state. 

f. Required certifications (see the 

applicable Certifications section of this 

Notice); and 

g. A completed and executed Federal 

form SF–424. 

8. Allow reimbursement for preagreement costs. The provisions of 24 

CFR 570.489(b) are applied to permit a 

grantee to reimburse itself for otherwise 

allowable costs incurred on or after the 

incident date of the covered disaster. 

9. Clarifying note on the process for 

environmental release of funds when a 

state carries out activities directly. 

Usually, a state distributes CDBG funds 

to units of local government and takes 

on HUD’s role in receiving 

environmental certifications from the 

grant recipients and approving releases 

of funds. For this grant, HUD will allow 

a state grantee to also carry out activities 

directly instead of distributing them to 

other governments. According to the 

environmental regulations at 24 CFR 

58.4, when a state carries out activities 

directly, the state must submit the 

certification and request for release of 

funds to HUD for approval. 

10. Duplication of benefits. In general, 

42 U.S.C. 5155 (section 312 of the 

Robert T. Stafford Disaster Assistance 


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and Emergency Relief Act, as amended) 

prohibits any person, business concern, 

or other entity from receiving financial 

assistance with respect to any part of a 

loss resulting from a major disaster as to 

which he has received financial 

assistance under any other program or 

from insurance or any other source. The 

Supplemental Appropriations Act 

stipulates that funds may not be used 

for activities reimbursable by or for 

which funds have been made available 

by the Federal Emergency Management 

Agency or by the Army Corps of 

Engineers. 

11. Waiver and alternative 

requirement for distribution to CDBG 

metropolitan cities and urban counties. 

a. Section 5302(a)(7) of title 42, U.S.C. 

(definition of ‘‘nonentitlement area’’) 

and provisions of 24 CFR part 570 that 

would prohibit a state from distributing 

CDBG funds to units of general local 

government regardless of their status in 

the entitlement CDBG program and to 

Indian tribes, are waived, including 24 

CFR 570.480(a), to the extent that such 

provisions limit the distribution of 

funds to units of general local 

government located in entitlement areas 

and to state or Federally recognized 

Indian tribes. The state is required 

instead to distribute funds to the most 

affected and impacted areas related to 

the consequences of the covered 

disaster(s) without regard to a local 

government or Indian tribe status under 

any other CDBG program. 

b. Additionally, because a state 

grantee under this appropriation may 

carry out activities directly, HUD is 

applying the regulations at 24 CFR 

570.480(c) with respect to the basis for 

HUD determining whether the state has 

failed to carry out its certifications so 

that such basis shall be that the state has 

failed to carry out its certifications in 

compliance with applicable program 

requirements. Also, 24 CFR 570.494 

regarding timely distribution of funds is 

waived. However, HUD expects each 

state grantee to expeditiously obligate 

and expend all funds, including any 

recaptured funds or program income, 

and to carry out activities in a timely 

manner. 

12. Program income alternative 

requirement. 42 U.S.C. 5304(j) and 24 

CFR 570.489(e) are waived to the extent 

necessary to allow additional flexibility 

in the administration of program 

income. The requirements that are 

retained are republished here for the 

convenience of the grantees. 

a. Program income. 

(1) For the purposes of this subpart, 

‘‘program income’’ is defined as gross 

income received by a state, a unit of 

general local government, a tribe or a 

subrecipient of a state, a unit of general 

local government or a tribe that was 

generated from the use of CDBG funds, 

except as provided in paragraph (a)(2) of 

this section. When income is generated 

by an activity that is only partially 

assisted with CDBG funds, the income 

shall be prorated to reflect the 

percentage of CDBG funds used (e.g., a 

single loan supported by CDBG funds 

and other funds; a single parcel of land 

purchased with CDBG funds and other 

funds). Program income includes, but is 

not limited to, the following: 

(i) Proceeds from the disposition by 

sale or long-term lease of real property 

purchased or improved with CDBG 

funds; 

(ii) Proceeds from the disposition of 

equipment purchased with CDBG funds; 

(iii) Gross income from the use or 

rental of real or personal property 

acquired by the unit of general local 

government or tribe or subrecipient of a 

state, a tribe or a unit of general local 

government with CDBG funds; less the 

costs incidental to the generation of the 

income; 

(iv) Gross income from the use or 

rental of real property owned by a state, 

tribe or the unit of general local 

government or a subrecipient of a state, 

tribe or unit of general local 

government, that was constructed or 

improved with CDBG funds, less the 

costs incidental to the generation of the 

income; 

(v) Payments of principal and interest 

on loans made using CDBG funds; 

(vi) Proceeds from the sale of loans 

made with CDBG funds; 

(vii) Proceeds from the sale of 

obligations secured by loans made with 

CDBG funds; 

(viii) Interest earned on program 

income pending disposition of the 

income, but excluding interest earned 

on funds held in a revolving fund 

account; 

(ix) Funds collected through special 

assessments made against properties 

owned and occupied by households not 

of low and moderate income, where the 

special assessments are used to recover 

all or part of the CDBG portion of a 

public improvement; and 

(x) Gross income paid to a state, tribe 

or a unit of general local government or 

subrecipient from the ownership 

interest in a for-profit entity acquired in 

return for the provision of CDBG 

assistance. 

(2) ‘‘Program income’’ does not 

include the following: 

(i) The total amount of funds which 

is less than $25,000 received in a single 

year that is retained by a unit of general 

local government, tribe or subrecipient; 

(ii) Amounts generated by activities 

eligible under section 105(a)(15) of the 

HCD Act and carried out by an entity 

under the authority of section 105(a)(15) 

of the HCD Act; 

(3) The state may permit the unit of 

general local government or tribe which 

receives or will receive program income 

to retain the program income, subject to 

the requirements of paragraph (a)(3)(ii) 

of this section, or the state may require 

the unit of general local government or 

tribe to pay the program income to the 

state. 

(i) Program income paid to the state. 

Program income that is paid to the state 

or received by the state is treated as 

additional disaster recovery CDBG 

funds subject to the requirements of this 

notice and must be used by the state or 

distributed to units of general local 

government in accordance with the 

state’s Action Plan for Disaster 

Recovery. To the maximum extent 

feasible, program income shall be used 

or distributed before the state makes 

additional withdrawals from the 

Treasury, except as provided in 

paragraph (b) of this section. 

(ii) Program income retained by a unit 

of general local government or tribe. 

(A) Program income that is received 

and retained by the unit of general local 

government or tribe before closeout of 

the grant that generated the program 

income is treated as additional disaster 

recovery CDBG funds and is subject to 

the requirements of this notice. 

(B) Program income that is received 

and retained by the unit of general local 

government or tribe after closeout of the 

grant that generated the program 

income, but that is used to continue the 

disaster recovery activity that generated 

the program income, is subject to the 

waivers and alternative requirements of 

this notice. 

(C) All other program income is 

subject to the requirements of 42 U.S.C. 

5304(j) and subpart I of 24 CFR part 570. 

(D) The state shall require units of 

general local government or tribes, to 

the maximum extent feasible, to 

disburse program income that is subject 

to the requirements of this notice before 

requesting additional funds from the 

state for activities, except as provided in 

paragraph (b) of this section. 

(b) Revolving funds. 

(1) The state may establish or permit 

units of general local government or 

tribes to establish revolving funds to 

carry out specific, identified activities. 

A revolving fund, for this purpose, is a 

separate fund (with a set of accounts 

that are independent of other program 

accounts) established to carry out 

specific activities which, in turn, 

generate payments to the fund for use in 


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carrying out such activities. These 

payments to the revolving fund are 

program income and must be 

substantially disbursed from the 

revolving fund before additional grant 

funds are drawn from the Treasury for 

revolving fund activities. Such program 

income is not required to be disbursed 

for non-revolving fund activities. 

(2) The state may also establish a 

revolving fund to distribute funds to 

units of general local government or 

tribes to carry out specific, identified 

activities. A revolving fund, for this 

purpose, is a separate fund (with a set 

of accounts that are independent of 

other program accounts) established to 

fund grants to units of general local 

government to carry out specific 

activities which, in turn, generate 

payments to the fund for additional 

grants to units of general local 

government to carry out such activities. 

Program income in the revolving fund 

must be disbursed from the fund before 

additional grant funds are drawn from 

the Treasury for payments to units of 

general local government which could 

be funded from the revolving fund. 

(3) A revolving fund established by 

either the state or unit of general local 

government shall not be directly funded 

or capitalized with grant funds. 

(c) Transfer of program income. 

Notwithstanding other provisions of this 

notice, the state may transfer program 

income before closeout of the grant that 

generated the program income to its 

own annual CDBG program or to any 

annual CDBG-funded activities 

administered by a unit of general local 

government or Indian tribe within the 

state. 

(d) Program income on hand at the 

state or its subrecipients at the time of 

grant closeout by HUD and program 

income received by the state after such 

grant closeout shall be program income 

to the most recent annual CDBG 

program grant of the state. 

13. Note that use of grant funds must 

relate to the covered disaster(s). In 

addition to being eligible under 42 

U.S.C. 5305(a) or this Notice and 

meeting a CDBG national objective, the 

Supplemental Appropriations Act 

requires that activities funded under 

this Notice must also be for necessary 

expenses related to disaster relief, longterm recovery, and restoration of 

infrastructure in areas covered by a 

declaration of major disaster under title 

IV of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act 

(42 U.S.C. 5121 et seq.) as a result of the 

recent natural disaster or disasters listed 

in this Notice for which the state 

received a funding allocation. 

13a. Note on change to administration 

limitation. Up to five percent of the 

grant amount may be used for the state’s 

administrative costs. The provisions of 

42 U.S.C. 5306(d) and 24 CFR 

570.489(a)(1)(i) and (iii) will not apply 

to the extent that they cap state 

administration expenditures, limit a 

state’s ability to charge a de minimis 

application fee for grant applications for 

activities the state carries out directly, 

and require a dollar for dollar match of 

state funds for administrative costs 

exceeding $100,000. HUD does not 

waive 24 CFR 570.489(a)(3) to allow the 

state to exceed the overall planning, 

management and administrative cap of 

20 percent. 

Reporting 

14. Waiver of performance report and 

alternative requirement. The 

requirements for submission of a 

Performance Evaluation Report (PER) 

pursuant to 42 U.S.C. 12708 and 24 CFR 

91.520 are waived. The alternative 

requirement is that—

a. Each grantee must submit its Action 

Plan for Disaster Recovery, including 

performance measures, into HUD’s Webbased Disaster Recovery Grant Reporting 

(DRGR) system. (The signed 

certifications and the SF–424 must be 

submitted in hard copy.) As additional 

detail about uses of funds becomes 

available to the grantee, the grantee 

must enter this detail into DRGR, in 

sufficient detail to serve as the basis for 

acceptable performance reports. 

b. Each grantee must submit a 

quarterly performance report, as HUD 

prescribes, no later than 30 days 

following each calendar quarter, 

beginning after the first full calendar 

quarter after grant award and continuing 

until all funds have been expended and 

all expenditures reported. Each 

quarterly report will include 

information about the uses of funds 

during the applicable quarter including 

(but not limited to) the project name, 

activity, location, and national 

objective, funds budgeted, obligated, 

drawn down, and expended; the 

funding source and total amount of any 

non-CDBG disaster funds; beginning 

and ending dates of activities; and 

performance measures such as numbers 

of low- and moderate-income persons or 

households benefiting. Quarterly reports 

to HUD must be submitted using HUD’s 

Web-based DRGR system and, within 3 

days of submission, posted on the 

grantee’s official Internet site open to 

the public. 

15. Use of subrecipients. The 

following alternative requirement 

applies for any activity that a state 

carries out directly by funding a 

subrecipient: 

a. 24 CFR 570.503, except that 

specific references to 24 CFR parts 84 

and 85 need not be included in 

subrecipient agreements. 

b. 24 CFR 570.502(b), except that 

HUD recommends but does not require 

application of the requirements of 24 

CFR part 84. 

16. Recordkeeping. Recognizing that 

the state may carry out activities 

directly, 24 CFR 570.490(b) is waived in 

such a case and the following 

alternative provision shall apply: state 

records. The state shall establish and 

maintain such records as may be 

necessary to facilitate review and audit 

by HUD of the state’s administration of 

CDBG disaster recovery funds under 24 

CFR 570.493. Consistent with applicable 

statutes, regulations, waivers and 

alternative requirements, and other 

federal requirements, the content of 

records maintained by the state shall be 

sufficient to: enable HUD to make the 

applicable determinations described at 

24 CFR 570.493; make compliance 

determinations for activities carried out 

directly by the state; and show how 

activities funded are consistent with the 

descriptions of activities proposed for 

funding in the action plan. For fair 

housing and equal opportunity 

purposes, and as applicable, such 

records shall include data on the racial, 

ethnic, and gender characteristics of 

persons who are applicants for, 

participants in, or beneficiaries of the 

program. 

17. Change of use of real property. 

This waiver conforms the change of use 

of real property rule to the waiver 

allowing a state to carry out activities 

directly. For purposes of this program, 

in 24 CFR 570.489(j), (j)(1), and the last 

sentence of (j)(2), ‘‘unit of general local 

government’’ shall be read as ‘‘unit of 

general local government or state.’’

18. Responsibility for state review and 

handling of noncompliance. This 

change conforms the rule with the 

waiver allowing the state to carry out 

activities directly. 24 CFR 570.492 is 

waived and the following alternative 

requirement applies: The state shall 

make reviews and audits including onsite reviews of any subrecipients, 

designated public agencies, and units of 

general local government as may be 

necessary or appropriate to meet the 

requirements of section 104(e)(2) of the 

HCD Act, as amended, as modified by 

this Notice. In the case of 

noncompliance with these 

requirements, the state shall take such 

actions as may be appropriate to prevent 

a continuance of the deficiency, mitigate 

any adverse effects or consequences and 


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prevent a recurrence. The state shall 

establish remedies for noncompliance 

by any designated public agencies or 

units of general local governments and 

for its subrecipients. 

19. Housing-related eligibility 

waivers. 42 U.S.C. 5305(a) is waived to 

the extent necessary to allow 

homeownership assistance for 

households with up to 120 percent of 

area median income and downpayment 

assistance for up to 100 percent of the 

down payment (42 U.S.C. 

5305(a)(24)(D)) and to allow new 

housing construction. 

20. Waiver and modification of the 

anti-pirating clause to permit assistance 

to help a business return. 42 U.S.C. 

5305(h) and 24 CFR 570.482 are hereby 

waived only to allow the grantee to 

provide assistance under this grant to 

any business that was operating in the 

covered disaster area before the incident 

date of the applicable disaster, and has 

since moved in whole or in part from 

the affected area to another state or to 

a labor market area within the same 

state to continue business. 

Relocation Requirements 

21. Waiver of one-for-one replacement 

of units damaged by disaster. 

a. One-for-one replacement 

requirements at 42 U.S.C. 5304(d)(2) 

and (d)(3), and 24 CFR 42.375(a) are 

waived for low- and moderate-income 

dwelling units (1) damaged by the 

disaster, (2) for which CDBG funds are 

used for demolition, and (3) which are 

not suitable for rehabilitation. 

b. Relocation assistance requirements 

at 42 U.S.C. 5304(d)(2)(A), and 24 CFR 

42.350 are waived to the extent they 

differ from those of the URA and its 

implementing regulations at 49 CFR part 

24 following waivers to activities 

involving buyouts and other activities 

covered by the URA and related to 

disaster recovery housing activities 

assisted by the funds covered by this 

notice and included in an approved 

Action Plan. 

c. The requirements at 49 CFR 

24.101(b)(2)(i)–(ii) are waived to the 

extent that they apply to an arm’s length 

voluntary purchase carried out by a 

person that does not have the power of 

eminent domain, in connection with the 

purchase and occupancy of a principal 

residence by that person. 

d. The requirements at sections 204(a) 

and 206 of the URA, 49 CFR 24.2, 

24.402(b)(2) and 24.404 are waived to 

the extent that they require the state to 

provide URA financial assistance 

sufficient to reduce the displaced 

person’s post-displacement rent/utility 

cost to 30 percent of household income. 

To the extent that a tenant has been 

paying rents in excess of 30 percent of 

household income without 

demonstrable hardship, rental 

assistance payments to reduce tenant 

costs to 30 percent would not be 

required. Before using this waiver, the 

state must establish a definition of 

‘‘demonstrable hardship.’’

e. The requirements of sections 204 

and 205 of the URA, and 49 CFR 

24.402(b) are waived to the extent 

necessary to permit a grantee to meet all 

or a portion of a grantee’s replacement 

housing financial assistance obligation 

to a displaced renter by offering rental 

housing through a tenant-based rental 

assistance (TBRA) housing program 

subsidy (e.g., Section 8 rental voucher 

or certificate) provided that the renter is 

also provided referrals to suitable, 

available rental replacement dwellings 

where the owner is willing to 

participate in the TBRA program, and 

the period of authorized assistance is at 

least 42 months. 

f. The requirements of section 202(b) 

of the URA and 49 CFR 24.302 are 

waived to the extent that they require a 

grantee to offer a person displaced from 

a dwelling unit the option to receive a 

‘‘moving expense and dislocation 

allowance’’ based on the current 

schedule of allowances prepared by the 

Federal Highway Administration, 

provided that the grantee establishes 

and offers the person a moving expense 

and dislocation allowance under a 

schedule of allowances that is 

reasonable for the jurisdiction and takes 

into account the number of rooms in the 

displacement dwelling, whether the 

person owns and must move the 

furniture, and, at a minimum, the kinds 

of expenses described in 49 CFR 24.301. 

22. Notes on flood buyouts: a. 

Payment of pre-flood values for buyouts. 

HUD disaster recovery state grant 

recipients and Indian tribes have the 

discretion to pay pre-flood or post-flood 

values for the acquisition of properties 

located in a flood way or floodplain. In 

using CDBG disaster recovery funds for 

such acquisitions, the grantee must 

uniformly apply whichever valuation 

method it chooses. 

b. Ownership and maintenance of 

acquired property. Any property 

acquired with disaster recovery grants 

funds being used to match FEMA 

Section 404 Hazard Mitigation Grant 

Program funds is subject to section 

404(b)(2) of the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act, as amended, which 

requires that such property be dedicated 

and maintained in perpetuity for a use 

that is compatible with open space, 

recreational, or wetlands management 

practices. In addition, with minor 

exceptions, no new structure may be 

erected on the property and no 

subsequent application for Federal 

disaster assistance may be made for any 

purpose. The acquiring entity may want 

to lease such property to adjacent 

property owners or other parties for 

compatible uses in return for a 

maintenance agreement. Although 

Federal policy encourages leasing rather 

than selling such property, the property 

may be sold. In all cases, a deed 

restriction or covenant running with the 

land must require that the property be 

dedicated and maintained for 

compatible uses in perpetuity. 

c. Future Federal assistance to owners 

remaining in floodplain. 

(1) Section 582 of the National Flood 

Insurance Reform Act of 1994, as 

amended, (42 U.S.C. 5154(a)) prohibits 

flood disaster assistance in certain 

circumstances. In general, it provides 

that no Federal disaster relief assistance 

made available in a flood disaster area 

may be used to make a payment 

(including any loan assistance payment) 

to a person for repair, replacement, or 

restoration for damage to any personal, 

residential, or commercial property, if 

that person at any time has received 

Federal flood disaster assistance that 

was conditional on the person first 

having obtained flood insurance under 

applicable Federal law and the person 

has subsequently failed to obtain and 

maintain flood insurance as required 

under applicable Federal law on such 

property. (Section 582 is selfimplementing without regulations.) This 

means that a grantee may not provide 

disaster assistance for the abovementioned repair, replacement, or 

restoration to a person that has failed to 

meet this requirement. 

(2) Section 582 also implies a 

responsibility for a grantee that receives 

CDBG disaster recovery funds or that, 

under 42 U.S.C. 5321, designates 

annually appropriated CDBG funds for 

disaster recovery. That responsibility is 

to inform property owners receiving 

disaster assistance that triggers the flood 

insurance purchase requirement that 

they have a statutory responsibility to 

notify any transferee of the requirement 

to obtain and maintain flood insurance, 

and that the transferring owner may be 

liable if he or she fails to do so. These 

requirements are described below. 

(3) Duty to notify. In the event of the 

transfer of any property described in 

paragraph d., the transferor shall, not 

later than the date on which such 

transfer occurs, notify the transferee in 

writing of the requirements to: 

(i) Obtain flood insurance in 

accordance with applicable Federal law 

with respect to such property, if the 


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property is not so insured as of the date 

on which the property is transferred; 

and 

(ii) Maintain flood insurance in 

accordance with applicable Federal law 

with respect to such property. Such 

written notification shall be contained 

in documents evidencing the transfer of 

ownership of the property. 

(4) Failure to notify. If a transferor 

fails to provide notice as described 

above and, subsequent to the transfer of 

the property: 

(i) The transferee fails to obtain or 

maintain flood insurance, in accordance 

with applicable Federal law, with 

respect to the property; 

(ii) The property is damaged by a 

flood disaster; and 

(iii) Federal disaster relief assistance 

is provided for the repair, replacement, 

or restoration of the property as a result 

of such damage, the transferor shall be 

required to reimburse the Federal 

Government in an amount equal to the 

amount of the Federal disaster relief 

assistance provided with respect to the 

property. 

d. The notification requirements 

apply to personal, commercial, or 

residential property for which Federal 

disaster relief assistance made available 

in a flood disaster area has been 

provided, prior to the date on which the 

property is transferred, for repair, 

replacement, or restoration of the 

property, if such assistance was 

conditioned upon obtaining flood 

insurance in accordance with applicable 

Federal law with respect to such 

property. 

e. The term ’’Federal disaster relief 

assistance’’ applies to HUD or other 

Federal assistance for disaster relief in 

‘‘flood disaster areas.’’ The term ‘‘flood 

disaster area’’ is defined in section 

582(d)(2) of the National Flood 

Insurance Reform Act of 1994, as 

amended, to include an area receiving a 

Presidential declaration of a major 

disaster or emergency as a result of 

flood conditions. 

23. Information collection approval 

note. HUD has approval for information 

collection requirements in accordance 

with the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520) under OMB 

control number 2506–0165. In 

accordance with the Paperwork 

Reduction Act, HUD may not conduct or 

sponsor, nor is a person required to 

respond to, a collection of information 

unless the collection displays a valid 

control number. 

Certifications 

24. Certifications for state 

governments, waiver and alternative 

requirement. Section 91.325 of title 24 

of the Code of Federal Regulations is 

waived. Each state must make the 

following certifications prior to 

receiving a CDBG disaster recovery 

grant: 

a. The state certifies that it will 

affirmatively further fair housing, which 

means that it will conduct an analysis 

to identify impediments to fair housing 

choice within the state, take appropriate 

actions to overcome the effects of any 

impediments identified through that 

analysis, and maintain records reflecting 

the analysis and actions in this regard. 

(See 24 CFR 570.487(b)(2).) 

b. The state certifies that it has in 

effect and is following a residential antidisplacement and relocation assistance 

plan in connection with any activity 

assisted with funding under the CDBG 

program. 

c. The state certifies its compliance 

with restrictions on lobbying required 

by 24 CFR part 87, together with 

disclosure forms, if required by part 87. 

d. The state certifies that the Action 

Plan for Disaster Recovery is authorized 

under state law and that the state, and 

any entity or entities designated by the 

state, possesses the legal authority to 

carry out the program for which it is 

seeking funding, in accordance with 

applicable HUD regulations and this 

Notice. 

e. The state certifies that it will 

comply with the acquisition and 

relocation requirements of the Uniform 

Relocation Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended, and implementing regulations 

at 49 CFR part 24, except where waivers 

or alternative requirements are provided 

for this grant. 

f. The state certifies that it will 

comply with section 3 of the Housing 

and Urban Development Act of 1968 (12 

U.S.C. 1701u), and implementing 

regulations at 24 CFR part 135. 

g. The state certifies that it is 

following a detailed citizen 

participation plan that satisfies the 

requirements of 24 CFR 91.115 (except 

as provided for in notices providing 

waivers and alternative requirements for 

this grant), and that each unit of general 

local government that is receiving 

assistance from the state is following a 

detailed citizen participation plan that 

satisfies the requirements of 24 CFR 

570.486 (except as provided for in 

notices providing waivers and 

alternative requirements for this grant). 

h. The state certifies that it has 

consulted with affected units of local 

government in counties designated in 

covered major disaster declarations in 

the nonentitlement, entitlement and 

tribal areas of the state in determining 

the method of distribution of funding; 

i. The state certifies that it is 

complying with each of the following 

criteria: 

(1) Funds will be used solely for 

necessary expenses related to disaster 

relief, long-term recovery, and 

restoration of infrastructure in areas 

covered by a declaration of major 

disaster under title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.) 

as a result of recent natural disasters. 

(2) With respect to activities expected 

to be assisted with CDBG disaster 

recovery funds, the action plan has been 

developed so as to give the maximum 

feasible priority to activities that will 

benefit low- and moderate-income 

families. 

(3) The aggregate use of CDBG disaster 

recovery funds shall principally benefit 

low- and moderate-income families in a 

manner that ensures that at least 50 

percent of the amount is expended for 

activities that benefit such persons 

during the designated period. 

(4) The state will not attempt to 

recover any capital costs of public 

improvements assisted with CDBG 

disaster recovery grant funds, by 

assessing any amount against properties 

owned and occupied by persons of lowand moderate-income, including any fee 

charged or assessment made as a 

condition of obtaining access to such 

public improvements, unless (A) 

disaster recovery grant funds are used to 

pay the proportion of such fee or 

assessment that relates to the capital 

costs of such public improvements that 

are financed from revenue sources other 

than under this title; or (B) for purposes 

of assessing any amount against 

properties owned and occupied by 

persons of moderate income, the grantee 

certifies to the Secretary that it lacks 

sufficient CDBG funds (in any form) to 

comply with the requirements of clause 

(A). 

j. The state certifies that the grant will 

be conducted and administered in 

conformity with title VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d) 

and the Fair Housing Act (42 U.S.C. 

3601–3619) and implementing 

regulations. 

k. The state certifies that it has and 

that it will require units of general local 

government that receive grant funds to 

certify that they have adopted and are 

enforcing: 

(1) A policy prohibiting the use of 

excessive force by law enforcement 

agencies within its jurisdiction against 

any individuals engaged in non-violent 

civil rights demonstrations; and 

(2) A policy of enforcing applicable 

state and local laws against physically 

barring entrance to or exit from a facility 


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or location that is the subject of such 

non-violent civil rights demonstrations 

within its jurisdiction. 

l. The state certifies that each state 

grant recipient or administering entity 

has the capacity to carry out disaster 

recovery activities in a timely manner, 

or the state has a plan to increase the 

capacity of any state grant recipient or 

administering entity who lacks such 

capacity. 

m. The state certifies that it will not 

use CDBG disaster recovery funds for 

any activity in an area delineated as a 

special flood hazard area in FEMA’s 

most current flood advisory maps unless 

it also ensures that the action is 

designed or modified to minimize harm 

to or within the floodplain in 

accordance with Executive Order 11988 

and 24 CFR part 55. 

n. The state certifies that it will 

comply with applicable laws. 

Duration of Funding 

Availability of funds provisions in 31 

U.S.C. 1551–1557, added by section 

1405 of the National Defense 

Authorization Act for Fiscal Year 1991 

(Pub. L. 101–510), limit the availability 

of certain appropriations for 

expenditure. This limitation may not be 

waived. However, the Supplemental 

Appropriations Act for these grants 

directs that these funds be available 

until expended unless, in accordance 

with 31 U.S.C. 1555, the Department 

determines that the purposes for which 

the appropriation has been made have 

been carried out and no disbursement 

has been made against the appropriation 

for two consecutive fiscal years. In such 

case, the Department shall close out the 

grant prior to expenditure of all funds. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers for the disaster 

recovery grants under this Notice are as 

follows: 14.219; 14.228. 

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). The 

FONSI is available for public inspection 

between 8 a.m. and 5 p.m. weekdays in 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, Room 

10276, 451 7th Street, SW., Washington, 

DC 20410–0500. 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). Hearing- or speechimpaired individuals may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. 

Dated: September 8, 2008. 

Roy A Bernardi, 

Deputy Secretary. 

[FR Doc. E8–21092 Filed 9–10–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[WY–920–1430–FR; WYW–27997; 8–08807] 

Notice of Realty Action: Recreation 

and Public Purposes Act Classification 

of Public Lands in Park County, WY 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Land 

Management (BLM) has examined and 

found suitable for classification for 

conveyance under the provisions of the 

Recreation and Public Purposes (R&PP) 

Act, as amended, approximately 90.00 

acres of public land in Park County, 

Wyoming. Park County proposes to use 

the land for a sanitary landfill. 

DATES: Interested parties may submit 

comments regarding the proposed 

conveyance or classification of the lands 

until October 27, 2008. 

ADDRESSES: Send written comments to 

the Field Manager, Cody Field Office, 

P.O. Box 518, Cody, Wyoming 82414. 

FOR FURTHER INFORMATION CONTACT: 

Mike Stewart, Field Manager, Bureau of 

Land Management, Cody Field Office, at 

(307) 578–5915. 

SUPPLEMENTARY INFORMATION: In 

accordance with Section 7 of the Taylor 

Grazing Act, (43 U.S.C. 315f), and 

Executive Order No. 6910, the following 

described public land in Park County, 

Wyoming, has been examined and 

found suitable for classification for lease 

and conveyance under the provisions of 

the R&PP Act, as amended (43 U.S.C. 

869 et seq.): 

Sixth Principal Meridian, Wyoming 

T. 52 N., R. 101 W., 

Sec. 20, W1⁄2NW1⁄4, N1⁄2N1⁄2NE1⁄4SW1⁄4. 

The land described contains 90.00 acres, 

more or less. 

In accordance with the R&PP Act, 

Park County filed an application to 

purchase the above-described 90.00 

acres of public land which has been 

leased for solid waste disposal purposes 

since 1971. The land was classified for 

lease under the provisions of the R&PP 

Act. Before the conveyance can occur, 

the land must be classified for 

conveyance under the provisions of the 

R&PP Act. Additional detailed 

information pertaining to this 

application, plan of development, and 

site plan is in case file W–27997, 

located in the BLM Cody Field Office at 

the above address. 

The land is not needed for any 

Federal purpose. The conveyance is 

consistent with the Cody Resource 

Management Plan dated November 8, 

1990, and would be in the public 

interest. The patent, when issued, will 

be subject to the provisions of the R&PP 

Act and applicable regulations of the 

Secretary of the Interior, and will 

contain the following reservations to the 

United States: 

1. A right-of-way thereon for ditches 

or canals constructed by the authority of 

the United States, Act of August 30, 

1890 (43 U.S.C. 945); and 

2. All minerals, together with the right 

to prospect for, mine, and remove such 

deposits from the same under applicable 

law and such regulations as the 

Secretary of the Interior may prescribe. 

The patent will be subject to all valid 

existing rights documented on the 

official public land records at the time 

of patent issuance. 

Classification Comments: Interested 

parties may submit comments involving 

the suitability of the land for municipal 

and recreation uses. Comments on the 

classification are restricted to whether 

the land is physically suited for the 

proposal, whether the use will 

maximize the future use or uses of the 

land, whether the use is consistent with 

local planning and zoning, or if the use 

is consistent with State and Federal 

programs. 

Application Comments: Interested 

parties may submit comments regarding 

the specific use proposed in the 

application and plan of development, 

whether the BLM followed proper 

administrative procedures in reaching 

the decision to convey under the R&PP 

Act, or any other factor not directly 

related to the suitability of the land for 

R&PP use. 

Confidentiality of Comments: Before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 


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