Notice2022-02770
Waiver and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees-Tourism Waiver for Puerto Rico
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Published
February 10, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
This notice governs Community Development Block Grant Disaster Recovery (CDBG-DR) funds awarded under the Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 and the Bipartisan Budget Act of 2018. Specifically, in response to a request by the Commonwealth of Puerto Rico, this notice grants a previously provided waiver and alternative requirement related to tourism and business marketing for the Commonwealth's use of CDBG-DR funds.
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7862-7863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02770]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6313-N-01]
Waiver and Alternative Requirements for Community Development
Block Grant Disaster Recovery Grantees--Tourism Waiver for Puerto Rico
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
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SUMMARY: This notice governs Community Development Block Grant Disaster
Recovery (CDBG-DR) funds awarded under the Continuing Appropriations
Act, 2018 and Supplemental Appropriations for Disaster Relief
Requirements Act, 2017 and the Bipartisan Budget Act of 2018.
Specifically, in response to a request by the Commonwealth of Puerto
Rico, this notice grants a previously provided waiver and alternative
requirement related to tourism and business marketing for the
Commonwealth's use of CDBG-DR funds.
DATES: Applicability Date: February 15, 2022.
FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Director,
Office of Block Grant Assistance, Department of Housing and Urban
Development, 451 7th Street SW, Room 10166, Washington, DC 20410,
telephone number 202-708-3587. Persons with hearing or speech
impairments may access this number via TTY by calling the Federal Relay
Service at 800-877-8339. Facsimile inquiries may be sent to Ms. Kome at
202-708-0033. (Except for the ``800'' number, these telephone numbers
are not toll-free). Email inquiries may be sent to
<a href="/cdn-cgi/l/email-protection#82e6ebf1e3f1f6e7f0ddf0e7e1edf4e7f0fbc2eaf7e6ace5edf4"><span class="__cf_email__" data-cfemail="fc98958f9d8f88998ea38e999f938a998e85bc948998d29b938a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority to Grant Waivers
II. Waiver and Alternative Requirement
I. Authority To Grant Waivers
The Continuing Appropriations Act, 2018 and Supplemental
Appropriations for Disaster Relief Requirements Act, 2017 (Pub. L. 115-
56, approved Sept. 8, 2017) and the Bipartisan Budget Act of 2018 (Pub.
L. 115-123, approved Feb. 9, 2018) 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 grant funds,
except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment.
The waiver and alternative requirement authorized in this notice
are based upon a determination by the Secretary that good cause exists,
and that the waiver and alternative requirement is consistent with the
overall purposes of title I of the Housing and Community Development
Act of 1974 (HCDA). The basis for the Secretary's determination of good
cause is described below.
II. Waiver and Alternative Requirement Related to Tourism and Business
Marketing (Commonwealth of Puerto Rico Only)
The Commonwealth submitted a request for an extension of the
previously granted waiver and alternative requirement authorizing
activities related to tourism and business marketing for an additional
180 days. The previously granted waiver and alternative requirement
expired February 8, 2022. Accordingly, HUD hereby grants the waiver and
alternative requirement described in this notice for 180 days from the
applicability date of this notice. The cap on the activity costs
remains unchanged. The grantee can expend no more than $25,000,000 on
activities authorized by this waiver and alternative requirement.
In section IV.D.17. of the Federal Register notice published on
August 14, 2018 (83 FR 40322) (the ``August 2018 Notice), the
Department granted the Commonwealth a waiver of 42 U.S.C. 5305(a) to
the extent necessary to create a new eligible activity and use up to
$15,000,000 of CDBG-DR funds for tourism and marketing activities to
promote travel and to attract new
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businesses to disaster-impacted areas, consistent with the amount in
the Commonwealth's action plan and substantial amendments submitted to
and approved by HUD. In section IV.2. of the Federal Register notice
published on February 19, 2019 (84 FR 4844) (the ``February 2019
Notice''), the Department amended this waiver and alternative
requirement to authorize the use of an additional $10,000,000 of the
Commonwealth's CDBG-DR funds for tourism and marketing activities. HUD
required the waiver and alternative requirement to expire two years
after the Commonwealth's first draw of its CDBG-DR funds allocated in
the Federal Register notice published on February 9, 2018. In section
VI.C. of the Federal Register notice published on January 6, 2021, HUD
extended the waiver and alternative requirement, in accordance with the
August 2018 Notice and February 2019 Notice, as referenced above, for
one year due to issues related to the Coronavirus Disease 2019 (COVID-
19) pandemic. This one-year extension expired on February 8, 2022.
Tourism is a significant part of the Commonwealth's economy and was
severely impacted by Hurricanes Irma and Maria and further impacted by
the COVID-19 pandemic. The expiration of the waiver and alternative
requirement for tourism and marketing activities limits the ability of
the Commonwealth to use the CDBG-DR funds during its peak tourism
season, interrupting economic development gains made by the
Commonwealth in its use of CDBG-DR funds for disaster recovery. As a
result, the Secretary has determined that good cause exists to grant
the waiver and alternative requirement described above, in accordance
with the August 2018 Notice and February 2019 Notice, so that the
Commonwealth may carry out tourism and marketing activities permitted
by the waiver and alternative requirement for 180 days from the
applicability date of this notice. HUD may further extend the waiver
and alternative requirements administratively, if requested by the
Commonwealth and good cause for such an extension exists at that time.
James Arthur Jemison, II,
Principal Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 2022-02770 Filed 2-9-22; 8:45 am]
BILLING CODE 4210-67-P
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