Request for Information for HUD's Community Development Block Grant Disaster Recovery (CDBG-DR) Rules, Waivers, and Alternative Requirements

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Published

December 20, 2022

Issuing agencies

Housing and Urban Development Department

Abstract

The U.S. Department of Housing and Urban Development (HUD) seeks public input to strengthen and improve requirements for entities receiving and implementing Community Development Block Grant Disaster Recovery (CDBG-DR) funding. This Request for Information (RFI) is to solicit feedback to inform how the Department can modify, expand, streamline, or remove CDBG-DR rules and requirements with the goals of expediting long-term resilient recovery, reducing, or eliminating barriers for impacted beneficiaries, ensuring equitable community recovery, and simplifying compliance for CDBG-DR grantees within its statutory authority. Additionally, HUD seeks information and recommendations to reduce the administrative burden for those receiving and implementing CDBG-DR funding after a disaster to accelerate the availability of assistance to disaster survivors and affected communities.

Full Text

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<title>Federal Register, Volume 87 Issue 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77864-77868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27547]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6336-N-01]

Request for Information for HUD's Community Development Block
Grant Disaster Recovery (CDBG-DR) Rules, Waivers, and Alternative
Requirements

AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.

ACTION: Request for information.

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SUMMARY: The U.S. Department of Housing and Urban Development (HUD)
seeks public input to strengthen and improve requirements for entities
receiving and implementing Community Development Block Grant Disaster
Recovery (CDBG-DR) funding. This Request for Information (RFI) is to
solicit feedback to inform how the Department can modify, expand,
streamline, or remove CDBG-DR rules and requirements with the goals of
expediting long-term resilient recovery, reducing, or eliminating
barriers for impacted beneficiaries, ensuring equitable community
recovery, and simplifying compliance for CDBG-DR grantees within its
statutory authority. Additionally, HUD seeks information and
recommendations to reduce the administrative burden for those receiving
and implementing CDBG-DR funding after a disaster to accelerate the
availability of assistance to disaster survivors and affected
communities.

DATES: Comments are requested on or before February 21, 2023. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: Interested persons are invited to submit comments responsive
to this Request for Information (RFI). All submissions must refer to
the docket number and title of the RFI. Comments may include written
data, views, or arguments. Each individual or organization is
encouraged to submit only one response and to limit its submission to
10 pages in 12-point or larger font, with a page number provided on
each page. Commenters are encouraged to identify the number of the
specific question or questions to which they are responding. Responses
should include the name of the person(s) or organization(s) filing the
comment but should not include any personally identifiable information.
There are two methods for submitting public comments.
1. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
2. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
HUD strongly encourages commenters to submit their feedback and
recommendations electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a response,
ensures timely receipt by HUD, and enables HUD to make comments
immediately available to the public. Comments submitted electronically
through the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website can be viewed by other
commenters and interested members of the public. Commenters should
follow the instructions provided on that site to submit comments
electronically.

Note: To receive consideration as public comments, comments
must be submitted through one of the two methods specified above.
Again, all submissions must refer to the docket number and title of
the notice.

Public Inspection of Public Comments. All comments and
communications properly submitted to HUD will be available for public
inspection and copying between 8 a.m.

[[Page 77865]]

and 5 p.m. EST weekdays at the above address. Due to security measures
at the HUD Headquarters building, an advance appointment to review the
public comments must be scheduled by calling the Regulations Division
at (202) 708-3055 (this is not a toll-free number). HUD welcomes and is
prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. Copies of all comments submitted
are available for inspection and downloading at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Director,
Office of Block Grant Assistance, U.S. Department of Housing and Urban
Development, 451 7th Street SW, Room 7282, Washington, DC 20410-0500,
telephone number (202) 708-3587. Facsimile inquiries may be sent to Ms.
Kome at (202) 708-0033. (The telephone and fax numbers are not toll-
free numbers). HUD welcomes and is prepared to receive calls from
individuals who are deaf or hard of hearing, as well as individuals
with speech or communication disabilities. To learn more about how to
make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. Email inquiries
may be sent to <a href="/cdn-cgi/l/email-protection#b7f3e5e4fee7d8dbded4cee2d9dec3f7dfc2d399d0d8c1"><span class="__cf_email__" data-cfemail="7d392f2e342d1211141e04281314093d150819531a120b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Overview of CDBG-DR Funding

Since 1993, Congress has periodically funded CDBG-DR grants through
emergency supplemental appropriations acts. CDBG-DR funding is not
authorized through standing statute, but instead was created through
these emergency appropriations acts premised on the annual (non-
disaster) CDBG program. While the grants are largely subject to the
statutes and regulations governing the non-disaster CDBG programs, each
appropriations act that has made CDBG-DR funds available has provided
the Department with the authority to waive those requirements and
establish alternative requirements, except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment.
This broad authority enables the Secretary to establish waivers and
alternative requirements to support resilient recovery from individual
disasters or a particular group of disasters.
HUD is seeking to adopt a revised process for implementing future
CDBG-DR grants to assist potential CDBG-DR grantees (i.e., states,
local governments, and Indian tribes (as that term is defined in
section 102(a)(17) of the Housing and Community Development Act of
1974) (HCDA)), recipients, and the public in planning for the use of
the funding. To achieve this goal, HUD intends to publish a
comprehensive notice that would standardize the CDBG-DR allocation and
implementing notice process and inform potential CDBG-DR grantees,
recipients, and other stakeholders about each phase of the CDBG-DR
grant process (i.e., a ``CDBG-DR Universal Notice''). The planned CDBG-
DR Universal Notice would address a number of aspects of the CDBG-DR
funded disaster recovery and mitigation process including: 1) grantees'
pre-award submissions; 2) steps and timelines; 3) action plan
development, submittal, and implementation; and 4) applicable waivers
and alternative requirements. The objective of the planned CDBG-DR
Universal Notice would be to outline comprehensive and uniform
requirements that will govern subsequent allocations of supplemental
CDBG-DR funding to provide disaster recovery assistance in a more
predictable, equitable, and timely way.
When Congress enacts new supplemental appropriations of CDBG-DR
funding, HUD will incorporate the applicable provisions of the CDBG-DR
Universal Notice, to the extent the CDBG-DR Universal Notice is
consistent with the appropriations act, in a separate published notice
(the ``Allocation Announcement Notice''). Each Allocation Announcement
Notice will announce the new CDBG-DR allocations and impose the
applicable waivers and alternative requirements in the CDBG-DR
Universal Notice for the subject CDBG-DR grants. Each Allocation
Announcement Notice will also modify the CDBG-DR Universal Notice as
necessary to comply with any new statutory requirements. For example, a
Public Law may allow grantees receiving an award for a specific
disaster year to access funding for program administrative costs prior
to the Secretary's certification of financial controls and procurements
processes, and adequate procedures for proper grant management. If a
new provision like this is included in a CDBG-DR appropriations act
that is different from prior appropriations acts, the requirements
governing the provision would not be covered in a CDBG-DR Universal
Notice and would need to be addressed in an Allocation Announcement
Notice (amending the CDBG-DR Universal Notice, if necessary). The
Department modeled this process in the Allocation Announcement Notices
published on February 3, 2022 (87 FR 6364) and May 24, 2022 (87 FR
31636) for grantees receiving funds for disasters occurring in 2020 and
2021 and included a CDBG-DR Consolidated Notice as an appendix.

Objectives of a CDBG-DR Universal Notice

The focus of CDBG-DR grant funds is to address long-term housing
recovery and other needs including infrastructure, economic
revitalization, and mitigation activities, particularly serving the
most vulnerable communities. In its FY2023 budget proposal, the
Administration has articulated principles for these grants, finding
that CDBG-DR is uniquely positioned to advance equity and prioritize
disadvantaged communities, turning disaster-impacted neighborhoods that
have historically faced underinvestment into resilient, healthy,
sustainable, thriving communities. CDBG-DR's role in long-term housing
recovery prioritizes and integrates resilient investments that mitigate
the effects of future natural disasters, which will significantly
reduce future fiscal and social costs.
Through a Universal Notice, HUD seeks to:
<bullet> Outline a uniform set of waivers and alternative
requirements designed for future allocations of CDBG-DR funds,
including all timelines, documentation, and other requirements for pre-
award grantee submissions;
<bullet> Encourage intentional and early coordination among
potential CDBG-DR grantees, other agencies/departments at the state or
local level, and other regional or local planning efforts to better
align disaster recovery assistance with the goals of regional
development plans, resilience plans, and state and local Hazard
Mitigation Plans;
<bullet> Consistent with the principles of the Administration's
Justice40 initiative, increase opportunities for planning to expand
awareness of the availability of disaster recovery assistance and to
advance equitable distribution of assistance, including community
engagement efforts, and planning for targeted assistance to residents
of disadvantaged communities (e.g., a Promise Zone, a Neighborhood
Revitalization Strategy Area) that are underserved, members of
protected classes under fair housing and civil

[[Page 77866]]

rights laws (i.e., race, color, national origin, religion, sex--which
includes sexual orientation and gender identify--familial status, and
disability), and other vulnerable populations who have been
historically marginalized and can be adversely affected by disasters
that often exacerbate existing inequities (e.g., racial and ethnic
minorities, the elderly, persons experiencing homelessness, etc.); and
<bullet> Improve long-term community resilience by fully
integrating resilience planning and hazard mitigation activities into
disaster recovery to reduce the impacts of climate change and future
disasters, encourage nature-based recovery efforts (focusing on
healthier water and air, and effective debris and waste management),
address environmental justice concerns associated with disaster
recovery efforts, and address recovery needs for accessible, resilient,
and affordable housing for low- and moderate-income persons.
<bullet> Assist in making measurable progress to reduce fiscal
exposure to climate change and its effects for the Federal government,
states, and local governments. This effort is consistent with the High-
Risk Report in 2019, in which the General Accountability Office (GAO)
noted that ``numerous studies have concluded that climate change poses
risks to many environmental and economic systems and creates a
significant fiscal risk to the federal government.'' More broadly, the
notice will be designed to support the policy of the Administration to
combat the climate crisis by implementing a government-wide approach
that: reduces climate pollution in every sector of the economy;
increases resilience to the impacts of climate change; protects public
health; conserves lands, waters, and biodiversity; delivers
environmental justice; and spurs well-paying union jobs and economic
growth, especially through innovation, commercialization, and
deployment of clean energy technologies and infrastructure.

II. Purpose of This Request for Information

The purpose of this RFI is to solicit feedback to inform how the
Department can strengthen CDBG-DR requirements and to accelerate the
availability of assistance to disaster survivors, consistent with the
principles of the Administration as outlined in its FY2023 budget
proposal in support of CDBG-DR authorization. HUD seeks information and
recommendations to expedite long-term recovery, reduce or eliminate
barriers, ensure equitable outcomes, and simplify compliance for CDBG-
DR grantees within its statutory authority.
To expedite long-term recovery, Congress has historically
authorized HUD to modify certain requirements by establishing waivers
and alternative requirements, except for requirements related to fair
housing, nondiscrimination, labor, and the environment. However, HUD
may not waive or establish an alternative requirement on any provision
established by an appropriations act. Therefore, HUD is most interested
in proposed changes that are within its statutory authority provided by
Public Law 117-43, the appropriations act that funded CDBG-DR
assistance for 2020 and 2021 disasters. Comments that seek to identify
statutory limitations that delay or hinder recovery are also welcome
and HUD may submit these comments to Congress for consideration.
HUD encourages participation from disaster survivors, Federal,
state, local, and Tribal governments, nongovernmental organizations,
the private sector including small businesses, and other stakeholders
(e.g., emergency managers; renters; homeowners; multifamily-housing
owners; public-housing agencies; academic researchers; urban planners;
engineers; fair housing professionals; disaster recovery professionals;
and organizations that advocate for affordable housing, members of
protected classes, vulnerable populations, and underserved
communities).

III. Specific Information Requested

While HUD welcomes comments on all issues associated with
streamlining and accelerating the implementation of CDBG-DR funds, HUD
is particularly interested in receiving information, data, analyses,
and recommendations on the topics outlined below, which focus on
changes that are generally within HUD's statutory authority. The
appropriations acts typically authorize the Secretary to waive or
specify alternative requirements for any provision of any statute or
regulation that the Secretary administers of CDBG-DR funds, except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment. The list of questions below is a non-
exhaustive list and is intended to assist commenters in formulating
their responses. This list is not intended to limit the issues or
topics that commenters may address. HUD has organized this list into a
series of questions to solicit targeted feedback regarding specific
topics.
1. Reducing Administrative Burden and Accelerating Recovery.
a. Are there CDBG-DR rules,\1\ waivers, or alternative requirements
that are unnecessarily complicated? Please provide recommendations for
how such rules and requirements should be revised.
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\1\ While CDBG-DR funds do not have disaster-specific
regulations, in past Federal Register notices, HUD has imposed
applicable State and Entitlement CDBG regulations at 24 CFR part 570
on the use of CDBG-DR funds and issued any necessary waivers and
alternative requirements of these regulations.
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b. Are there CDBG-DR rules, waivers, or alternative requirements
that could be streamlined or removed to enable grantees to accelerate
recovery? Please provide recommendations for alternative processes that
would remove barriers, obstacles, and delays.
c. Are there CDBG-DR rules, waivers, or alternative requirements
that can be modified, expanded, or removed to reduce administrative
burden for beneficiaries?
d. Are there CDBG-DR rules, waivers, or alternative requirements
that could be streamlined or removed to accelerate recovery for
grantees receiving smaller awards, or grantees that are funding
primarily small and rural communities? For example, in a Federal
Register notice published on May 24, 2022, HUD identified any grant
under $20,000,000 as a smaller grant award. Going forward, is
$20,000,000 an appropriate threshold?
e. Should there be a minimum allocation threshold for CDBG-DR grant
awards? If so, what should the minimum allocation threshold be or be
based on?
f. Recent appropriations allow grantees to access funding for
program administrative costs prior to the Secretary's certification of
financial controls and procurement processes and adequate procedures
for proper grant management. Grantees have used these administrative
funds primarily for the development of the action plan (e.g., procuring
contractors, increasing capacity, facilitating public participation,
etc.). Aside from creating the action plan for program administrative
costs, are there other approaches that HUD should consider to promote
proactive coordination with other disaster response agencies before a
CDBG-DR grant is executed?
g. Are there any activities that are currently ineligible in CDBG
and are either not funded by other disaster recovery agencies or not
fully funded, but that are so critical to meeting recovery-related
needs that it may be important to permit them through an

[[Page 77867]]

alternative requirement to advance a more resilient and equitable
recovery?
h. Are there CDBG-DR rules, waivers, or alternative requirements
that should be revised to better align with federal disaster relief
programs implemented by the Federal Emergency Management Agency (FEMA),
the U.S. Small Business Administration, the U.S. Army Corps of
Engineers, or other Federal agencies? Are there CDBG-DR rules, waivers,
or alternative requirements that should be adopted by other Federal
disaster recovery agencies?
i. The Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121-5207) (Stafford Act) and CDBG-DR appropriations
acts require HUD and its grantees to coordinate with other Federal
agencies that provide disaster assistance to prevent the duplication of
benefits (DOB). How can HUD and other Federal agencies that provide
disaster assistance make it easier to comply with DOB requirements?
j. What data should grantees report to HUD to improve public
transparency and to better allow evaluation of the use of CDBG-DR funds
consistent with the principles of the Administration's Justice40
initiative to increase federal support for disadvantaged communities
(e.g., requiring grantees to report to HUD on the race and ethnicity of
those who apply for assistance but are not ultimately served)? How
might the administrative burden of reporting be reduced?
k. What types of technical assistance should HUD offer grantees to
support a timely, equitable, resilient, and successful recovery? Are
there phases of CDBG-DR grants (e.g., initial administrative work,
action plan development, program implementation, etc.) where providing
more intensive technical assistance would be more effective? What types
of technical assistance should States offer local government
subrecipients to support a timely, equitable, resilient, and successful
recovery?
l. What types of technical assistance or other measures should HUD
offer to better assist grantees in preventing and identifying potential
contractor fraud and to strengthen the ability of grantees to assist
beneficiaries when they are subject to contractor fraud?
m. What mitigation techniques or requirements could HUD employ to
enhance grantee capacity to comprehensively assess the likelihood of
potential fraud risk and to otherwise detect and prevent fraud in
grantee programs?
2. Establishing Priorities
a. Should CDBG-DR rules, waivers, or alternative requirements be
written to 1) encourage or require grantees to first address disaster
recovery housing needs prior to other recovery needs (e.g.,
infrastructure), or 2) encourage or require grantees to invest in whole
community recovery in proportion to its unmet recovery need (e.g.,
housing, infrastructure, economic revitalization, and mitigation)?
b. If CDBG-DR should encourage grantees to invest in whole
community recovery, what policy incentives would be most effective to
encourage grantees to invest in whole community recovery in proportion
to its unmet recovery need?
c. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated so that grantees are prioritizing
assistance to low- and moderate-income persons and areas, vulnerable
populations, and underserved communities?
d. How can HUD assist grantees in using data-driven information to
better align their proposed recovery programs and activities with unmet
recovery needs? (HUD is also seeking public comment on how it defines
and determines unmet recovery needs in a separate request for
information. Please see the RFI requesting information on the CDBG-DR
allocation formula published elsewhere in today's Federal Register.)
e. How can CDBG-DR rules, waivers, or alternative requirements be
modified or eliminated to encourage greater levels of investment in
infrastructure projects that provide the greatest benefit to impacted
low- and moderate-income areas?
f. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated so that grantees carry out
activities to support economic revitalization for underserved and
economically distressed communities?
g. How can CDBG-DR rules, waivers, or alternative requirements be
modified or eliminated to better address the unmet recovery and
mitigation needs of affordable rental housing, public housing, and
housing for vulnerable populations?
h. How can CDBG-DR rules, waivers, or alternative requirements be
modified or eliminated to allow grantees to leverage private capital
(e.g., bridge loans) to start the long-term recovery process
immediately after a disaster?
3. Understanding the Requirements for Most Impacted & Distressed (MID)
Areas
Currently, CDBG-DR appropriations acts require all funds to be used
in a most impacted and distressed (MID) area resulting from a major
disaster. Current rules attempt to balance requirements in the
appropriations acts to make allocations to HUD-identified MID areas
while also providing grantees with flexibility to capture additional
areas that the grantee can determine is also a MID area, using data or
information that is not available to HUD.
a. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated to clarify the differences
between the HUD-identified MID area and the grantee-identified MID
area?
b. Are there specific parameters, data, or other criteria that
should be established by HUD for a disaster-impacted community to
qualify as a grantee-identified MID Area? Please provide
recommendations for specific parameters, criteria, or limitations that
should be established.
c. Should HUD continue to allow for the use of CDBG-DR funds to
benefit grantee-identified MID areas? How, if at all, should HUD adjust
the requirements for the balance of assistance between HUD-identified
and grantee-identified MID areas?
4. Developing the Action Plan
a. What CDBG-DR rules, waivers, or alternative requirements
relating to the action plan, if any, should be modified or eliminated
to capture unmet disaster recovery needs or mitigation needs more
accurately?
b. HUD currently requires grantees to post an action plan for 30
days to solicit public comment and to host at least one public
hearing--is this enough time to solicit meaningful public feedback?
Should HUD consider increasing this time or the number of public
hearings required for initial action plans and/or for later,
substantial amendments to the action plan to achieve meaningful
community engagement?
c. What enhancements should HUD consider to improve a grantee's
experience with the HUD's Disaster Recovery Grant Reporting (DRGR)
system and data reported by grantees, in particular the Public Action
Plan module?
5. Advancing Equity
a. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated to ensure grantees equitably
allocate resources

[[Page 77868]]

and adequately address disaster-related needs of the most impacted,
vulnerable, and underserved communities?
b. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated to ensure that grantees advance
equity in the timing of who is able to receive assistance and the
amount of assistance available and received? For example, by
prioritizing programs to assist homeowners over those that assist
renters, a grantee may not have enough funding to meet the unmet needs
of renters, including those less able to prepare for, respond to, and
recover from the impacts of disasters.
c. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified to further prevent an ``unjustified
discriminatory effect'' (i.e., interests can be served by another
practice with a less discriminatory effect) based on race or other
protected class in the implementation of CDBG-DR funding to address
disaster-related unmet needs (recognizing that HUD has no authority to
waive or specify alternative requirements for statutes and regulations
related to fair housing, nondiscrimination, labor, or the environment)?
d. What barriers impede grantees' ability to allocate resources
equitably? What barriers do protected class groups, vulnerable
populations, and other underserved communities face in accessing,
applying for, and receiving CDBG-DR assistance in a timely manner?
e. What additional guidance, data, or support can HUD provide to
help grantees comply with fair housing and civil rights requirements
and allocate resources equitably across housing types?
f. What challenges do grantees face in complying with their
obligation to ensure meaningful access for individuals with limited
English proficiency or effective communication for individuals with
disabilities? What tools or resources could HUD provide to facilitate
compliance with these obligations?
g. Congress has recently identified Indian tribes as eligible CDBG-
DR grantees but there are currently no Indian tribes in HUD's CDBG-DR
portfolio. Are there revisions to HUD's CDBG-DR policies that should be
considered to capture tribal recovery needs more effectively? (Please
also see the request for information from the public on the need for
any revisions to HUD's allocation formula to better capture tribal
recovery needs published elsewhere in today's Federal Register.)
h. What barriers impede grantees' ability to design and utilize
buyout programs, including incentives, to best serve protected class
groups, vulnerable populations, and other underserved communities? What
CDBG-DR rules and requirements, if any, should be modified or
eliminated to ensure that grantees advance equity in their community-
driven relocation activities?
6. Incorporating Mitigation and Resilience Planning
a. Are there CDBG-DR rules, waivers, or alternative requirements,
and/or policies that prevent or limit grantees' focus on mitigating the
impacts of climate change, particularly for those areas
disproportionately impacted by climate change? If so, please describe.
b. How can CDBG-DR's rules, waivers, or alternative requirements or
policies be modified or eliminated to encourage grantees to use CDBG-DR
funds to invest in activities that incorporate resilience and mitigate
the impacts of climate change?
c. What more can HUD do to encourage grantees to integrate long-
term disaster recovery and mitigation planning into other existing
federal, state, and local planning requirements?
7. Replacing Disaster-damaged Housing Units, Minimizing Displacement,
and Incentivizing Affordable Housing Development
Should CDBG-DR notices continue to waive and provide alternative
requirements for the one-for-one replacement housing requirements at
section 104(d)(2)(A)(i) and (ii) and (d)(3) (42 U.S.C. 5304(d)(2)(A)(i)
and (i) and (d)(3)) of the HCDA and 24 CFR 42.375 for disaster-damaged
owner-occupied lower-income dwelling units that meet the grantee's
definition of ``not suitable for rehabilitation?'' To expedite
recovery, HUD waives this requirement for disaster-damaged owner-
occupied units that meet the grantee's definition for ``not suitable
for rehabilitation.'' CDBG-DR grantees have the discretion to define
``not suitable for rehabilitation,'' but must include their definition
in their action plan for disaster recovery.
a. How can CDBG-DR rules, waivers, or alternative requirements be
modified or eliminated to ensure that grantees are mitigating natural
hazard risks (e.g., sea level rise, high winds, storm surge, flooding,
volcanic eruption, and wildfire risk), while also minimizing
displacement of members of families, individuals, or entities such as
businesses, farms, or nonprofit organizations from their homes and
neighborhoods?
b. What additional relocation, acquisition, and replacement housing
waivers and alternative requirements should HUD consider that would
assist and expedite community efforts to reduce future risk while
minimizing displacement and ensuring fair treatment and protections to
those whose property is acquired or who must move due to a CDBG-DR
funded activity? For example, recent CDBG-DR notices waive (and provide
alternative requirements to) several provisions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (42 U.S.C. 4601 et seq.) (URA), section 104(d) of the
HCDA, and related CDBG programmatic requirements.
8. Modifying Green and Resilient Building Codes and Standards.
a. Should the Department impose construction standards that require
the use of CDBG-DR funds to adhere to current editions of the
International Building Code (IBC), International Existing Building Code
(IEBC), International Residential Code (IRC), International Wildland-
Urban Interface Code (IWUIC), International Plumbing Code (IPC),
International Mechanical Code (IMC), International Fuel Gas Code
(IFGC), International Fire Code (IFC), ICC 500-14, ICC/NSSA Standard on
the Design and Construction of Storm Shelters, and ICC 600-14 Standard
for Residential Construction in High-wind Regions?
b. Should HUD better align its building code requirements for CDBG-
DR and CDBG-MIT with those required by FEMA or other Federal agencies?
If so, how?

Marion M. McFadden,
Principal Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 2022-27547 Filed 12-19-22; 8:45 am]
BILLING CODE 4210-67-P

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