III.A.1.b. Except as modified, statutory and regulatory provisions governing the Entitlement CDBG Program shall apply to unit of general local government grantees (often referred to as local government grantees in appropriations acts). Therefore, HUD is adopting the following policy that is applicable to circumstances when two disasters occur in the same area, and the applicant has not fully recovered from the first disaster before the second disaster occurs: Applicants are not required to maintain documentation related to the use of public disaster assistance (Federal, state, and local) beyond the period required by the agency that provided the assistance. Allocation Announcement Notice, or with the grantee's submission of its action plan in DRGR as described in section III.C.1, whichever date is earlier. Total need is calculated based on need estimates at a point in time; total need is the current need.
Each grantee must develop an impact and unmet needs assessment to understand the type and location of community needs and to target limited resources to those areas with the greatest need. Duplication of Benefits (DOB). Affordability period for new construction of homes built for LMI households. For example, it may be reasonable for an applicant to elect to receive an immediate lump sum insurance settlement based on estimated cost of rehabilitation instead of waiting for a longer period of time for the insurance company to calculate reimbursement based on actual replacement costs, even if the reimbursement based on actual costs would exceed the lump sum insurance settlement. The grantee must maintain a public website that permits individuals and entities awaiting assistance and the general public to see how all grant funds are used and administered. Funds are not available to an applicant if the applicant does not have legal control of the funds when they are received. FEMA regulations at 44 CFR 206.191 set forth a delivery sequence that establishes which source of assistance is duplicative for certain programs. o. Start Printed Page 32056. iREMS Users Guide; MF Submission Due Date Calculator; Physical Inspection Scores by State; REAC System Login As with prior CDBGDR appropriations, HUD is not obligated to allocate funds for all major disasters occurring in the statutory timeframes. The Appropriations Acts require HUD to include in any allocation of CDBGDR funds for unmet needs an additional amount of 15 percent for mitigation activities (CDBGDR mitigation set-aside). V.B.3. At a minimum, the topic of disaster recovery on the grantee's website must be navigable by all interested parties from the grantee homepage and must link to the disaster recovery website required by section III.D.1.e. 2. of the Consolidated Notice requires that all covered construction (new construction, reconstruction, and rehabilitation) that is assisted with CDBGDR funds meet an industry-recognized standard that has achieved certain certifications described in the notice. when the activity will result in construction of five or more units, the affordability requirements described in the action plan apply to the units that will be occupied by LMI households. For additional Technical Assistance (TA), please contact your HUD POC or email housing.counseling@hud.gov. To satisfy this requirement, the grantee must identify and implement resilience performance metrics as described in section II.A.2. Consultation (state grantees only). The action plan will be developed outside of DRGR and must include all proposed uses of funds for program administrative costs incurred prior to a final action plan being submitted and approved. https://files.hudexchange.info/resources/documents/DRGR-Fact-Sheet-PL117-43-Appropriation-Grantees.pdf. applies, documentation required by those paragraphs must be maintained by the grantee.
For state grantees, the action plan must describe how the grantee will distribute grant funds, either through specific programs and projects the grantee will carry out directly (through employees, contractors, or through subrecipients), or through a method of distribution of funds to local governments and Indian tribes (as permitted by III.B.2.d.). 5304(e) is also waived, to the extent that it would require HUD to annually review grantee performance under the consistency criteria. Structures that are elevated must meet federal accessibility standards. of the Consolidated Notice and the grantee's implementation plan and related submissions to HUD as provided in section III.A.2.
When a state carries out activities directly, 24 CFR 570.490(b) is waived and the following alternative provision shall apply: a state grantee shall establish and maintain such records as may be necessary to facilitate review and audit by HUD of the state's administration of CDBGDR funds, under 24 CFR 570.493 and reviews and audits by the state under III.B.2.h. The Public Action Plan is different from the DRGR Action Plan, which is a comprehensive description of projects and activities in DRGR. III.D.1.c. After this date, agencies will not be able to make any changes to their FY 2021 data. If a grantee fails to recapture funds from an applicant, HUD may impose corrective actions pursuant to 24 CFR 570.495, 24 CFR 570.910, and 5301 IV.A.1.(g). This agreement must also include the following language: Warning: Any person who knowingly makes a false claim or statement to HUD or causes another to do so may be subject to civil or criminal penalties under 18 U.S.C. e.g., Grantees may request additional waivers and alternative requirements from the Department as needed to address specific needs related to their recovery and mitigation activities. For all match activities, grantees must document that CDBGDR funds have been used for the actual costs incurred for the assisted project and for costs that are eligible, meet a national objective, and meet other applicable CDBG requirements. Work with an established organization to make sure you have the appropriate safety, training and skills needed to respond. Retention of program income. Grantees shall establish resale or recapture requirements for housing funded pursuant to this paragraph and shall describe those requirements in the action plan or substantial amendment in which the activity is proposed. 39800 Road 425 B * 9902 reports are cumulative and should include data from the previous quarter. HUD is directed to use the funds in the most impacted and distressed areas. HUD has implemented this directive by limiting CDBGDR formula allocations to grantees with major disasters that meet these standards: (1) Individual and Households Program (IHP) designation. In carrying out acquisition activities, grantees must ensure they are in compliance with the long-term redevelopment plans of the community in which the acquisition and redevelopment is to occur.
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Describe unmet Public housing: describe unmet Public housing needs of each disaster-impacted PHA within jurisdiction.HUD will review the action plan or substantial amendment for The grantee response must be provided within fifteen working days of the receipt of the complaint, or the grantee must document why additional time for the response was required. 5304(a)(2) and (3), 42 U.S.C. establishing the XML-based Federal Register as an ACFR-sanctioned Subsequent to publication of the action plan or substantial amendment to that plan, the grantee must provide a reasonable time frame (no less than seven days) and multiple methods (including electronic submission) for receiving comments on the action plan or substantial amendment for program administrative costs. Tiering is appropriate when a responsible entity is evaluating a single-family housing program with similar activities within a defined local geographic area and timeframe ( L. 117180, Division A) (approved September 30, 2022) appropriated $2 billion in CDBG-Disaster Recovery (CDBGDR) funds for major disasters that occurred in 2021 or 2022 and the Department of Housing and Urban Development Appropriations Act, 2023 (Pub. Federal Register storm water management systems) or other disaster-related community-based mitigation systems ( The procedures must also indicate the frequency of website updates. Redevelopment of acquired properties. 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 U.S. Treasury for payments that could be funded from the revolving fund.
e.g., All grantees must consult with states, Indian tribes, local governments, Federal partners, nongovernmental organizations, the private sector, and other stakeholders and affected parties in the surrounding geographic area, including organizations that advocate on behalf of members of protected classes, vulnerable populations, and underserved communities impacted by the disaster, to ensure consistency of the action plan with applicable regional redevelopment plans. CDBGDR assistance may only pay for eligible activities to address unmet needs. documents in the last year, by the Land Management Bureau If the grantee determines the post-disaster value of a property is higher than the pre-disaster value, a grantee may provide exceptions to its established valuation method on a case-by-case basis. Severe: 4012a) which mandates the purchase of flood insurance protection for any HUD-assisted property within a Special Flood Hazard Area. Accordingly, paragraph III.G.3 of the Consolidated Notice does not apply to funds under the Appropriations Acts, and HUD is adding a modified alternative requirement that applies in lieu of paragraph III.G.3. In addition to other requirements in this section, grantees must comply with applicable state, local, and tribal codes and standards for floodplain management, including elevation, setbacks, and cumulative substantial damage requirements. documents in the last year, 829 When conducting a virtual hearing, the grantee must allow questions in real time, with answers coming directly from the grantee representatives to all attendees.. Grantees are strongly encouraged to include examples of how their proposed allocations, selection criteria, and other actions can be expected to advance equity for protected class groups. Learn more about the steps after applying. Planning-only activities (state grantees only). II.D.6. most The Cost Principles are made applicable to states by 24 CFR 570.489(p) and to local governments through 24 CFR 570.502. State grantees are also subject to 24 CFR 570.489(d), which requires that states shall have fiscal and administrative requirements to ensure that grant funds are used for reasonable and necessary costs of operating programs.. If the grantee or subrecipient obtained a subsidized short-term loan to pay for eligible costs before CDBGDR funds became available (for example, a low-interest loan from a local tax increment financing fund), the reimbursement of the costs paid by the loan does not create a duplication. 5305(a)(12) is waived to the extent necessary so the types of planning activities that states may fund or undertake are expanded to be consistent with those of CDBG Entitlement grantees identified at 24 CFR 570.205.
Citizen Participation Requirements, III.F. documents in the last year, by the Food and Drug Administration j. Action plan submittal for program administrative costs. The grantee's assessment of total need at the time of application may include the costs of replacing temporary materials with permanent construction and of completing mold remediation by removing drywall installed with other assistance. The average cost to fully repair a home for a specific disaster to code within each of the damage categories noted above is calculated using the median real property damage repair costs determined by the SBA for its disaster loan program based on a match comparing FEMA and SBA inspections by each of the FEMA damage categories described above. Change of use of real property (state grantees only). The grantee shall provide a description of each disaster recovery program or activity to be funded, including the CDBGDR eligible activities and national objectives associated with each program and the eligibility criteria for assistance. FEMA recently issued final guidance on duplication of benefits as it relates to healthcare entities.
5305(a)(8), 24 CFR 570.201(e), 24 CFR 570.207(b)(4), and 24 CFR 1003.207(b)(4) are modified to extend interim mortgage assistance (IMA) to qualified individuals from three months to up to twenty months. III.C.1.e. In addition to the requirements above, the streamlined citizen participation alternative requirements for CDBGDR grants are as follows: III.D.1.a.
This information is not part of the official Federal Register document. Both state and local government grantees are limited to spending a maximum of fifteen percent of their total grant amount on planning costs. (NEPA). (3) The aggregate use of CDBGDR funds shall principally benefit low- and moderate-income families in a manner that ensures that at least 70 percent (or another percentage permitted by HUD in a waiver) of the grant amount is expended for activities that benefit such persons. Timely Distribution and Expenditure of Funds, V.C. Grantees must maintain records that document how each funded activity addresses a direct or indirect impact from the disaster. Use of grant funds for administrative costs before approval of the Public Action Plan must be consistent with the action plan for administrative costs. The loan cancellation may be due to default of the borrower, agreement by both parties to cancel the undisbursed portion of the loan, or expiration of the term for which the loan was available for disbursement. For properties with real estate and content loss of $30,000 or more, HUD calculates the estimated amount of unmet needs for small businesses by multiplying the median damage estimates for the categories above by the number of small businesses denied an SBA loan, including those denied a loan prior to inspection due to inadequate credit or income (or a decision had not been made), under the assumption that damage among those denied at pre-inspection have the same distribution of damage as those denied after inspection. In their citizen participation plan, state and local government grantees shall describe their procedures for assessing their language needs and identify any need for translation of notices and other vital documents.
Prohibition on compensation. Grantees must consider factors described at 2 CFR 200.404(a) through (e) when determining which types and amounts of cost items are necessary and reasonable.
For each of the items (1) through (6) below (collectively referred to as the Financial Management and Grant Compliance Certification Requirements) the grantee must certify to the accuracy of its submission when submitting the Financial Management and Grant Compliance Certification Checklist (the Certification Checklist). Combined technical assistance and administrative cap (state grantees only). Actions that convert or potentially convert to exempt under 24 CFR 58.34(a)(12) remain subject to the reimbursement requirements provided herein. (vi) Grantees must choose from one of two valuation methods (pre-disaster value or post-disaster value) for a buyout program (or a single buyout activity). Activities eligible under the Consolidated Notice may be carried out by a state, subject to state law and consistent with the requirement of 24 CFR 570.200(f), through its employees, through procurement contracts, or through assistance provided under agreements with subrecipients. II.D.4. 5304(a)(1), 42 U.S.C. The OMB extension posting encourages recipients in the less-affected areas to submit their reports as soon as possible. e.g., Oftentimes, unmet need does not become apparent until after CDBGDR assistance has been provided. HUD-approved HCAs are reminded of their responsibility to transmit accurate and timely Form HUD-9902 quarterly reports.
HUD may identify an entire jurisdiction or a ZIP code as a MID area. The implementation plan must describe the grantee's capacity to carry out the recovery and how it will address any capacity gaps. Federal Register FEMA uses your household annual gross income and number of dependents to determine if you should be referred to the SBA. Documenting a Connection to the Disaster. Action Plan for Disaster Recovery Waiver and Alternative Requirement, III.D. of the issuing agency.
Grantees that use CDBGDR funds for levees and dams are required to: (1) register and maintain entries regarding such structures with the USACE National Levee Database or National Inventory of Dams; (2) ensure that the structure is admitted in the USACE PL 8499 Program (Levee Rehabilitation and Inspection Program); (3) ensure the structure is accredited under the FEMA National Flood Insurance Program; (4) enter the exact location of the structure and the area served and protected by the structure into the DRGR system; and (5) maintain file documentation demonstrating that the grantee has conducted a risk assessment before funding the flood control structure and documentation that the investment includes risk reduction measures. (i) Public housing: Describe unmet public housing needs of each disaster-impacted PHA within its jurisdiction, if applicable. 4601 Greater than $7,500 of FEMA inspected personal property damage or determined destroyed and/or 6 or more feet of flooding on the first floor or determination of Destroyed by the FEMA inspector. The grantee must also submit documentation demonstrating that it has assessed staff capacity and identified positions for the purpose of: case management in proportion to the applicant population; program managers who will be assigned responsibility for each primary recovery area; staff who have demonstrated experience in housing, infrastructure (as applicable), and economic revitalization (as applicable); staff responsible for procurement/contract management, regulations implementing section 3 of the Housing and Urban Development Act of 1968, as amended (24 CFR part 75) (section 3), fair housing compliance, and environmental compliance.
Corrective and remedial actions. Specifically, a grantee must assess and describe how it will address unmet needs in the following types of housing, subject to the applicable HUD program requirements: public housing, affordable rental housing (including both subsidized and market rate affordable housing), and housing for vulnerable populations ( Be aware of these important deadlines: September 29, 2016. These CDBGDR funds are for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. A summary of comments on the plan or amendment, and the grantee's response to each, must be included ( IV.B.2. Register for upcoming training, webinars, conferences, and more. analyses to their own programs and activities so long as the grantee's policies and procedures are consistent with the requirements of this notice. a time period commensurate with risk). Currently, public benefit standards limit the amount of CDBG assistance per job retained or created, or the amount of CDBG assistance per LMI person to whom goods or services are provided by the activity. The grantee certifies that it has in effect and is following a residential anti-displacement and relocation assistance plan (RARAP) in connection with any activity assisted with CDBGDR grant funds that fulfills the requirements of section 104(d), 24 CFR part 42, and 24 CFR part 570, as amended by waivers and alternative requirements.
II.D.1. If interim housing is not an allowable use, the amount of the FEMA housing rehabilitation assistance used for interim housing is considered a DOB. For special economic development activities, total need should be guided by standard underwriting guidelines (when required by section II.D.6. industrial corridors, sewage treatment facilities, waterways, EPA superfund sites, brownfields, etc.) Grantees must use HUD's Public Action Plan in DRGR to develop all CDBGDR action plans and substantial amendments submitted to HUD for approval. 134 for fiscal year ends 12/31/2021 and after. When a CDBGDR grantee carries out a new housing construction activity, 24 CFR 570.202 shall apply and shall be read to extend to new construction in addition to rehabilitation assistance. i.e., To access them, users must register for an online AICPA account, which anyone can establish.
These two Oklahoma major disaster declarations were for the same event, DR 4657 received an IHP designation for several counties in Oklahoma and DR 4670 a Public Assistance designation for Muscogee (Creek). To meet this requirement, each grantee must make the following items available on its website: the action plan created using DRGR (including all amendments); each performance report (as created using the DRGR system); citizen participation plan; procurement policies and procedures; all contracts, as defined in 2 CFR 200.22, that will be paid with CDBGDR funds (including, but not limited to, subrecipients' contracts); and a summary including the description and status of services or goods currently being procured by the grantee or the subrecipient ( 2, 287, 1001 and 31 U.S.C.
Grantee responses shall address the substance of the comment rather than merely acknowledge that the comment was received. *Due dates are effective for calendar years 2017 and thereafter, DANIEL DENNIS & COMPANY LLP Consolidated Plan waiver. e.g., The agency will schedule a time to inspect your home if you reported damage to your home or personal property. This feature is not available for this document.
First, the grantee may impose a program cap that limits the amount of assistance an applicant is eligible to receive, which may reduce the potential CDBGDR assistance available to the applicant. 06/02/2023, 154 All infrastructure investments must be designed and constructed to withstand chronic stresses and extreme events by identifying and implementing resilience performance metrics as described in section II.A.2.c. Please note that while you cannot duplicate assistance for the same purpose, advisory services and the provision of notices required under the URA are not subject to this analysis because they are not financial assistance to the person, and therefore must be provided in accordance with the URA. Units occupied by a tenant with income less than the greater of the poverty level or 50 percent of the area median income are used to calculate likely unmet needs for affordable rental housing. (viii) Interest earned on program income pending disposition of the income, including interest earned on funds held in a revolving fund account. Although long-term recovery is a process, disaster recovery needs are calculated at points in time. Additionally, the Secretary may amend the grant conditions to mitigate risk of a grant award at any point at which the Secretary determines a condition to be required to protect the Federal financial interest or to advance recovery. At a minimum, the topic of disaster recovery on the grantee's website, including the posted action plan or substantial amendment, must be navigable by interested parties from the grantee homepage and must link to the disaster recovery website as required by section III.D.1.e of the Consolidated Notice. (5) The projected uses for the CDBGDR funds, by responsible entity, activity, and geographic area. i.e., III.C.1.h. HUD recognizes that grantees receiving a relatively small allocation of funds for 2022 disasters in this notice may most effectively advance recovery by more narrowly targeting these limited recovery and mitigation resources. The grantee must certify, as required by section III.F.7., that activities to be undertaken with CDBGDR funds are consistent with its action plan. HUD is waiving the section 104(d) one-for-one replacement requirement for owner-occupied lower-income dwelling units that are damaged by the disaster and not suitable for rehabilitation because the one-for-one replacement requirements do not account for the large, sudden changes that a major disaster may cause to the local housing stock, population, or economy.
Request in-depth assistance with implementing a HUD-funded program. For these reasons, the Secretary finds good cause to establish an alternative requirement for the use of an alternative, FEMA-approved flood standard instead of the elevation requirements established in section II.B.2.c. Learn more about how to help those in need. Grantees may provide a displaced person (as defined under 24 CFR 570.606) with rental assistance payments under the URA or provide temporary relocation assistance (as described in 49 CFR part 24, III.D.1. FEMA is also required to verify you owned your home before providing Home Repair or Replacement Assistance.
Funds must be used for costs related to unmet needs in the MID areas resulting from qualifying disasters. URA replacement housing payments for tenants. Appropriations acts allow recipients of funds that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), or 502 of the Stafford Act to adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency. ; Racial and ethnic make-up of the population, including relevant sub-populations depending on activities and programs outlined in the plan (this would include renters and homeowners if eligibility is dependent on housing tenure) and the specific sub- geographies in the MID areas in which those programs and activities will be carried out; LEP populations, including number and percentage of each identified group; Number and percentage of persons with disabilities; Number and percentage of persons belonging to Federally protected classes under the Fair Housing Act (race, color, national origin, religion, sexwhich includes sexual orientation and gender identityfamilial status, and disability) and other vulnerable populations as determined by the grantee; Indigenous populations and tribal communities, including number and percentage of each identified group; Racially and ethnically concentrated areas and concentrated areas of poverty; and. IRS Form 1065 and MA Form 3 for Partnerships - Due the 15th day of the third month after .
Kaysville, UT 84037, The Cosmopolitan, Las Vegas | 3708 Las Vegas Blvd South Las Vegas, NV 89109. Breathitt, Knott, Letcher, Perry Counties; 41572 (Pike County). Grantees must incorporate mitigation measures when carrying out activities to construct, reconstruct, or rehabilitate residential or non-residential structures with CDBGDR funds as part of activities eligible under 42 U.S.C. Housing counseling agencies (HCAs) have until August 31, 2022, to revise their Fiscal Year (FY) 2021 9902 data.
The grantee must make the action plan, any substantial amendments, vital documents, and all performance reports available to the public on its website. Learn more here.
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CDBGDR grantees awarded funds for disasters occurring in 2022 can find the additional DOB requirements in Section IV.A. 29, 2022) appropriated $3 billion of CDBGDR for disasters that occurred in 2022 or later until such funds are fully allocated. Citizen complaints. Allocations of CDBGDR Funds for Smaller Grants, III.A. If we cannot verify you lived in or owned the home that you listed on your application, we will ask you to provide documents to prove occupancy and/or ownership to help us determine if you are approved for assistance. To implement this authority, the following alternative requirement will replace the alternative requirement in the Consolidated Notice at III.C.1. That is, they have a FEMA inspected real property damage of $8,000 or above, personal property damage $3,500 or above, or flooding 1 foot or above on the first floor. i.e., While the HUD Web site provides much information and resources, not all are relevant to auditors of entities subject to HUD audit requirements. ) or https:// means youve safely connected to the .gov website. Additionally, in section II.A.2.c of the Consolidated Notice, grantees are required to establish resilience performance metrics for those activities. A grantee has proficient financial management controls if each of the following criteria is satisfied: (a) The grantee agency administering this grant submits its most recent single audit and consolidated annual financial report (CAFR), which in HUD's determination indicates that the grantee has no material weaknesses, deficiencies, or concerns that HUD considers to be relevant to the financial management of CDBG, CDBGDR, or CDBGMIT funds.
The Stafford Act requires a fact specific inquiry into assistance received by each applicant. If there is a match of 20 or more SBA inspections to FEMA inspections for any damage category, the median damage estimate for the SBA properties is used less the estimated average FEMA IHP repair grant and average SBA disaster loan grant weighted on take-up rates, which are generally high for IHP and low and for SBA.