58612 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

All records pertaining to Auxiliary 

members are derived from forms filled 

out by the individuals on a voluntary 

basis. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: September 30, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E8–23749 Filed 10–6–08; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Privacy Act of 1974; System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of removal of one Privacy 

Act system of records notice. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security is giving notice that 

it will remove five system of records 

notices from its inventory of record 

systems because the United States Coast 

Guard no longer requires the systems. 

The five obsolete systems are: DOT/CG 

503 Motorboat Registration, April 11, 

2000, DOT/CG 509 Non-Judicial 

Punishment Record, April 11, 2000, 

DOT/CG 526 Adjudication and 

Settlement of Claims System, April 11, 

2000, DOT/CG 633 Coast Guard Civilian 

Personnel Security Program, April 11, 

2000, and DOT/CG 676 Official Coast 

Guard Reserve Service Record, April 11, 

2000. 

DATES: Effective Date: November 6, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Hugo Teufel III, Chief Privacy Officer, 

Department of Homeland Security, 

Washington, DC 20528, by telephone 

(703) 235–0780 or facsimile 1–866–466– 

5370. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the provisions of the Privacy Act of 

1974, 5 U.S.C. 552a, and as part of its 

ongoing integration and management 

efforts, the Department of Homeland 

Security (DHS) is removing five United 

States Coast Guard (USCG) system of 

records notice from its inventory of 

record systems. 

DHS inherited these record systems 

upon its creation in January of 2003. 

Upon review of its inventory of systems 

of records, DHS has determined it no 

longer needs or uses these system of 

records and is retiring the following: 

DOT/CG 503 Motorboat Registration (65 

FR 19475 April 11, 2000), DOT/CG 509 

Non-Judicial Punishment Record (65 FR 

19475 April 11, 2000), DOT/CG 526 

Adjudication and Settlement of Claims 

System (65 FR 19475 April 11, 2000), 

DOT/CG 633 Coast Guard Civilian 

Personnel Security Program (65 FR 

19475 April 11, 2000), and DOT/CG 676 

Official Coast Guard Reserve Service 

Record (65 FR 19475 April 11, 2000). 

DOT/CG 503 Motorboat Registration 

was originally established to manage the 

USCG boating safety program. 

DOT/CG 509 Non-Judicial 

Punishment Record was originally 

established to administer military 

justice. 

DOT/CG 526 Adjudication and 

Settlement of Claims System was 

originally established to determine the 

entitlement of claimants who submit 

claims to the USCG. 

DOT/CG 633 Coast Guard Civilian 

Personnel Security Program was 

originally established to determine 

eligibility for access to classified 

information under Executive Order 

11652. 

DOT/CG 676 Official Coast Guard 

Reserve Service Record was originally 

established to ensure fulfillment of 

normal administrative personnel 

procedures, including examining and 

screening for completeness and 

accuracy of records correspondence. 

Eliminating these systems of records 

notices will have no adverse impacts on 

individuals, but will promote the 

overall streamlining and management of 

DHS Privacy Act record systems. 

Dated: September 30, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E8–23751 Filed 10–6–08; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5252–N–01] 

Reconsideration of Waivers Granted to 

and Alternative Requirements for the 

State of Alabama’s CDBG Disaster 

Recovery Grant Under the Department 

of Defense Emergency Supplemental 

Appropriations To Address Hurricanes 

in the Gulf of Mexico, and Pandemic 

Influenza Act, 2006 

AGENCY: Office of the Secretary, HUD. 

ACTION: Notice of reconsidered waivers, 

alternative requirements, and statutory 

program requirements. 

SUMMARY: This notice describes the 

statutorily required reconsideration of 

additional waivers and alternative 

requirements applicable to the CDBG 

disaster recovery grant provided to the 

State of Alabama on June 14, 2006, for 

the purpose of assisting in the recovery 

in the most impacted and distressed 

areas related to the consequences of 

Hurricane Katrina in 2005. HUD 

previously published an allocation and 

application notice on February 13, 2006, 

applicable to this grant and four others 

under the same appropriation and 

extended that notice on August 8, 2008. 

As described in the Supplementary 

Information section of this notice, HUD 

is authorized by statute to waive 

statutory and regulatory requirements 

and specify alternative requirements for 

this purpose, upon the request of the 

state grantee. This notice for the State of 

Alabama also notes statutory provisions 

affecting program design and 

implementation. The original notice has 

been reconsidered and the waivers are 

being retained. 

DATES: Effective Date: October 14, 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 Seventh Street, 

SW., Room 7286, Washington, DC 

20410–7000, 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– 

8339. Fax 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 Department of Defense, 

Emergency Supplemental 

Appropriations to Address Hurricanes 

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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58613 

in the Gulf of Mexico, and Pandemic 

Influenza Act, 2006 (Pub. L. 109–148, 

approved December 30, 2005) (the 2006 

Act) appropriated $11.5 billion in 

Community Development Block Grant 

funds for necessary expenses related to 

disaster relief, long-term recovery, and 

restoration of infrastructure directly 

related to the consequences of the 

covered disasters. The State of Alabama 

received an allocation of $74,388,000 

from this appropriation. The Act 

authorized 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 waivers 

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. The law further provided 

that the Secretary may waive the 

requirement that activities benefit 

persons of low and moderate income, 

except that at least 50 percent of the 

funds granted must benefit primarily 

persons of low and moderate income, 

unless the Secretary otherwise makes a 

finding of compelling need. The 

following waivers and alternative 

requirements are in response to written 

requests from the State of Alabama and 

are being retained after reconsideration. 

The Secretary has found that the 

following waivers and alternative 

requirements, as described below, are 

not inconsistent with the overall 

purpose of 42 U.S.C. 5301 et seq.; Title 

I of the Housing and Community 

Development Act of 1974, as amended, 

(the 1974 Act); or of 42 U.S.C. 12704 et 

seq., of the Cranston-Gonzalez National 

Affordable Housing Act, as amended. 

Under the requirements of the 

Department of Housing and Urban 

Development Act, as amended (42 

U.S.C. 3535(q)), regulatory waivers must 

be published in the Federal Register. 

The Department is also using this notice 

to provide information about other ways 

in which the requirements for this grant 

vary from regular CDBG program rules. 

Therefore, HUD is using this notice to 

make public alternative requirements 

and to note the applicability of disaster 

recovery related statutory provisions. 

Compiling this information in a single 

notice creates a helpful resource for 

Alabama grant administrators and HUD 

field staff. Waivers and alternative 

requirements regarding the common 

application and reporting process for all 

grantees under this appropriation were 

published in a prior notice (71 FR 7666, 

published February 13, 2006) and 

retained in Notice 73 FR 46312, 

published August 8, 2008. 

Except as described in notices 

regarding this grant, the 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. 

Descriptions of Changes 

This section of the notice briefly 

describes the basis for each 

reconsidered waiver and provides an 

explanation of related alternative 

requirements, if additional explanation 

is necessary. This Descriptions section 

also highlights some of the statutory 

items and alternative requirements 

described in the sections that follow. 

Except as provided in the October 30, 

2006, and August 8, 2008, notices, the 

waivers, alternative requirements, and 

statutory changes apply only to the 

CDBG supplemental disaster recovery 

funds appropriated in the 2006 Act and 

allocated to the State of Alabama. These 

actions provide additional flexibility in 

program design and implementation 

and note statutory requirements unique 

to this appropriation. 

Eligibility 

Eligibility—housing related. The 

waivers that allowed new housing 

construction and payment of up to 100 

percent of a housing downpayment have 

been 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. 

General planning activities use 

entitlement presumption. The annual 

state CDBG program requires that local 

government grant recipients for 

planning-only grants must document 

that the use of funds meets a national 

objective. In the state CDBG program, 

these planning grants are typically used 

for individual project plans. By contrast, 

planning activities carried out by 

entitlement communities are more 

likely to include nonproject specific 

plans such as functional land use plans, 

historic preservation plans, 

comprehensive plans, development of 

housing codes, and neighborhood plans 

related to guiding long-term community 

development efforts comprising 

multiple activities funded by multiple 

sources. In the annual entitlement 

program, these more general stand-alone 

planning activities are presumed to 

meet a national objective under the 

requirements at 24 CFR 570.208(d)(4). 

The Department noted that almost all 

effective CDBG disaster recoveries in the 

past have relied on some form of areawide or comprehensive planning 

activity to guide overall redevelopment 

independent of the ultimate source of 

implementation funds. Therefore, the 

Department removed the eligibility 

requirement that CDBG disaster 

recovery assisted planning-only grants 

or state directly administered planning 

activities that will guide recovery in 

accordance with the appropriations act 

must comply with the state CDBG 

program rules at 24 CFR 570.483(b)(5) or 

(c)(3). 

Anti-pirating. The limited waiver of 

the anti-pirating requirements allowed 

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. 

Program Income 

A combination of CDBG provisions 

limited the flexibility available to the 

state for the use of program income. 

Prior to 2002, program income earned 

on disaster grants was usually program 

income in accordance with the rules of 

the regular CDBG program of the 

applicable state and 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 1974 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 1974 Act allows the state 

to require return of the program income 

to the state under certain circumstances. 

The notice waived the existing statute 

and regulations to give the state, in all 

circumstances, the choice of whether or 

not a local government receiving a 

distribution of CDBG disaster recovery 

funds and using program income for 

activities in the Action Plan could retain 

this income and use it for additional 

disaster recovery activities. In addition, 

the notice allowed program income to 

the disaster 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 

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58614 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

subsequently would become program 

income to the state’s annual CDBG 

program. The alternative requirements 

provided all the necessary conforming 

changes to the program income 

regulations. 

Relocation Requirements 

HUD provided a limited waiver of the 

relocation requirements. HUD waived 

the one-for-one replacement of low- and 

moderate-income housing units 

demolished or converted using CDBG 

funds requirement for housing units 

damaged by one or more disasters. HUD 

waived this requirement because it did 

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 

did 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. Left unchanged, the 

requirement could have impeded 

disaster recovery and discouraged 

grantees from acquiring, converting, or 

demolishing disaster-damaged housing 

because of excessive costs that would 

have resulted from replacing all such 

units within the specified time frame. 

HUD also waived the relocation 

benefits requirements contained in 

Section 104(d) of the 1974 Act to the 

extent they differ from those of the 

Uniform Relocation Assistance and Real 

Properties Acquisition Act of 1970 (42 

U.S.C. 4601 et seq.). This change 

simplified implementation while 

preserving statutory protections for 

persons displaced by federal projects. 

Timely Distribution of Funds 

The state CDBG program regulation 

regarding timely distribution of funds is 

at 24 CFR 570.494. This provision is 

designed to work in the context of an 

annual program in which almost all 

grant funds are distributed to units of 

general local government. Because the 

state may use its disaster recovery grant 

funds to carry out some or all activities 

directly, and because Congress 

expressly allowed this grant to be 

available until expended, HUD waived 

this requirement. However, HUD still 

expects the State of Alabama to 

expeditiously obligate and expend all 

funds, including any recaptured funds 

or program income, in carrying out 

activities in a timely manner. 

Waivers and Alternative Requirements 

1. Program income alternative 

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

CFR 570.489(e) are waived to the extent 

that they conflict with the rules stated 

in the program income alternative 

requirement below. The following 

alternative requirement applies instead. 

(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 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 

1974 Act and carried out by an entity 

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

of the Act. 

(3) The state may permit the unit of 

general local government or tribe that 

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 United 

States 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 

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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58615 

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 

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 United States 

Treasury for revolving fund activities. 

Such program income is not required to 

be disbursed for nonrevolving 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. 

2. Housing-related eligibility waivers. 

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

necessary to allow down payment 

assistance for up to 100 percent of the 

downpayment (42 U.S.C. 5305(a)(24)(D)) 

and to allow new housing construction. 

3. Planning requirements. For CDBG 

disaster recovery assisted planning 

activities that will guide recovery in 

accordance with the 2006 Act, the state 

CDBG program rules at 24 CFR 

570.483(b)(5) and (c)(3) are waived and 

the presumption at 24 CFR 

570.208(d)(4) applies. 

4. 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 Hurricane Katrina 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. 

5. Waiver of one-for-one replacement 

of units damaged by disaster. 42 U.S.C. 

5301(d)(2) and (d)(3) are waived to 

remove the one-for-one replacement 

requirements for occupied and vacant, 

occupiable lower-income dwelling units 

that may be demolished or converted to 

a use other than for housing; and to 

remove the relocation benefits 

requirements contained at 42 U.S.C. 

5304(d) to the extent they differ from 

those of the Uniform Relocation Act. 

Also, 24 CFR 42.375 is waived to 

remove the requirements implementing 

the above-mentioned statutory 

requirements regarding replacement of 

housing and 24 CFR 42.350, to the 

extent that these regulations differ from 

the regulations contained in 49 CFR part 

24. These requirements are waived 

provided the grantee assures HUD it 

will use all resources at its disposal to 

ensure no displaced homeowner will be 

denied access to decent, safe, and 

sanitary suitable replacement housing 

because he or she has not received 

sufficient financial assistance. 

6. Waiver of requirement for timely 

distribution of funds. 24 CFR 570.494 

regarding timely distribution of funds is 

waived. 

Notes on Applicable Statutory 

Requirements 

7. Notes on flood buyouts: 

a. Payment of pre-flood values for 

buyouts. HUD disaster recovery 

entitlement communities, 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 Federal 

Emergency Management Agency 

(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 payment 

(including any loan assistance payment) 

to a person for repair, replacement, or 

restoration of damage to any personal, 

residential, or commercial property, if 

that person at any time has received 

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 who 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. 

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58616 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

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

transfer of any property described in 

paragraph (4)(iv) below, 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 

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. 

(iii) 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. 

(iv) 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. 

(v) 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) to include an area receiving a 

presidential declaration of a major 

disaster or emergency as a result of 

flood conditions. 

8. Non-Federal Cost Sharing of Army 

Corps of Engineers Projects. Public Law 

105–276, Title II, Oct. 21, 1998, 112 

Stat. 2478, provided in part that: ‘‘For 

any fiscal year, of the amounts made 

available as emergency funds under the 

heading ‘Community Development 

Block Grants Fund’ and 

notwithstanding any other provision of 

law, not more than $250,000 may be 

used for the non-Federal cost-share of 

any project funded by the Secretary of 

the Army through the Corps of 

Engineers.’’ 

Finding of No Significant Impact 

A Finding of No Significant Impact 

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 Finding of 

No Significant Impact is available for 

public inspection between 8 a.m. and 5 

p.m. weekdays in the Office of the Rules 

Docket Clerk, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 10276, Washington, DC 20410– 

0500. 

Dated: September 26, 2008. 

Roy A. Bernardi, 

Deputy Secretary. 

[FR Doc. E8–23664 Filed 10–6–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

U.S. Geological Survey 

Agency Information Collection: 

Comment Request 

AGENCY: United States Geological 

Survey (USGS), Interior. 

ACTION: Notice of a new collection. 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), we are notifying the public that 

we will submit to OMB a new 

information collection request (ICR) for 

approval of the paperwork requirements 

for the National Institutes for Water 

Resources (NIWR)–USGS competitive 

grant program conducted in conjunction 

with the State Water Resources Research 

Institutes. The NIWR cooperates with 

the USGS in establishing total 

programmatic direction, reporting on 

the activities of the Institutes, 

coordinating and facilitating regional 

research and information and 

technology transfer, and in operating the 

NIWR–USGS Student Internship 

Program. Furthermore, an annual 

progress and final technical report for 

all projects is required at the end of the 

project period. 

This notice provides the public an 

opportunity to comment on the 

paperwork burden of this collection. 

DATES: You must submit comment on or 

before December 8, 2008. 

ADDRESSES: Send your comments to the 

IC to Phadrea Ponds, Information 

Collections Clearance Officer, U.S. 

Geological Survey, 2150–C Center 

Avenue, Fort Collins, CO 80525 (mail); 

(970) 226–9230 (fax); or 

pponds@usgs.gov (e-mail). Please 

reference Information Collection 1028– 

NEW, USGS–WRRI. 

FOR FURTHER INFORMATION CONTACT: John 

E. Schefter, Chief, Office of External 

Research, U.S. Geological Survey, 12201 

Sunrise Valley Drive, MS 424, Reston, 

Virginia 20192 (mail) at (703) 648–6800 

(Phone); or schefter@usgs.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Title: NIWR–USGS National 

Competitive Grant Program. 

OMB Control Number: 1028-new. 

Abstract: The NIWR–USGS National 

Competitive Grant Program issues an 

annual call for proposals to support 

research on water problems and issues 

of a regional or interstate nature beyond 

those of concern only to a single state 

and which relate to specific program 

priorities identified jointly by the USGS 

and the state water resources research 

institutes authorized by the Water 

Resources Research Act of 1984, as 

amended (42 U.S.C. 10301 et seq.). Any 

investigator at an accredited institution 

of higher learning in the United States 

is eligible to apply for a grant through 

a water research institute or center 

established under the provisions of the 

Act. Proposals involving substantial 

collaboration between the USGS and 

university scientists are encouraged. 

Proposals may be for projects of 1 to 3 

years in duration and may request up to 

$250,000 in federal funds. Successful 

applicants must match each dollar of 

the federal grant with one dollar from 

nonfederal sources. This program is 

authorized by the Water Resources 

Research Act of 1984, as amended (42 

U.S.C. 10303(g)). 

We will protect information from 

respondents considered proprietary 

under the Freedom of Information Act 

(5 U.S.C. 552) and implementing 

regulations (43 CFR Part 2), and under 

regulations at 30 CFR 250.197, ‘‘Data 

and information to be made available to 

the public or for limited inspection.’’ 

Responses are voluntary. No questions 

of a ‘‘sensitive’’ nature are asked. We 

intend to release the project abstracts 

and primary investigators for awarded/ 

funded projects only. 

Frequency of Collection: Annually. 

Affected Public: Research 

investigators at accredited institutions 

of higher education. 

Respondent’s Obligation: Voluntary 

(necessary to receive benefits). 

Estimated Number and Description of 

Respondents: We expect to receive 

approximately 65 applications and 

award 7 grants per year. 

mstockstill on PROD1PC66 with NOTICES