Rule2023-27724
Regulatory and Administrative Requirement Flexibilities Available to Native American Programs During CY 2024 and CY 2025 to Tribal Grantees To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters
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Published
December 20, 2023
Issuing agencies
Housing and Urban Development Department
Abstract
This document advises the public of waivers and flexibilities from HUD requirements for its Indian Housing Block Grant (IHBG), Indian Community Development Block Grant (ICDBG), and Native Hawaiian Housing Block Grant (NHHBG) grantees located in areas that are covered by Presidentially Declared Disasters (PDDs) declared during Calendar Years 2024 and 2025. A PDD is a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that activates an array of Federal programs to assist in the response and recovery efforts. When they occur, disasters and their aftermath impose significant barriers and challenges for housing programs to overcome or operate. To provide relief during such challenging times for its IHBG, ICDBG, and NHHBG grantees, HUD is publishing this standing notification of regulatory and administrative requirement flexibilities to assist affected grantees. Instructions are provided below on how to apply for flexibilities. A grantee may request a waiver or flexibility of a HUD requirement not listed in this document and receive an expedited review of the request if the grantee demonstrates that the waiver or flexibility is needed to assist its disaster relief and recovery efforts.
Full Text
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<title>Federal Register, Volume 88 Issue 243 (Wednesday, December 20, 2023)</title>
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[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87900-87903]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27724]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 1000, 1003, and 1006
[FR-6431-N-01]
Regulatory and Administrative Requirement Flexibilities Available
to Native American Programs During CY 2024 and CY 2025 to Tribal
Grantees To Assist With Recovery and Relief Efforts on Behalf of
Families Affected by Presidentially Declared Disasters
AGENCY: Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (HUD).
ACTION: Notification of waivers.
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SUMMARY: This document advises the public of waivers and flexibilities
from HUD requirements for its Indian Housing Block Grant (IHBG), Indian
Community Development Block Grant (ICDBG), and Native Hawaiian Housing
Block Grant (NHHBG) grantees located in areas that are covered by
Presidentially Declared Disasters (PDDs) declared during Calendar Years
2024 and 2025. A PDD is a major disaster or emergency declared under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
that activates an array of Federal programs to assist in the response
and recovery efforts. When they occur, disasters and their aftermath
impose significant barriers and challenges for housing programs to
overcome or operate. To provide relief during such challenging times
for its IHBG, ICDBG, and NHHBG grantees, HUD is publishing this
standing notification of regulatory and administrative requirement
flexibilities to assist affected grantees. Instructions are provided
below on how to apply for flexibilities. A grantee may request a waiver
or flexibility of a HUD requirement not listed in this document and
receive an expedited review of the request if the grantee demonstrates
that the waiver or flexibility is needed to assist its disaster relief
and recovery efforts.
DATES: This document announces the waivers and flexibilities set out
within as of January 1, 2024.
FOR FURTHER INFORMATION CONTACT: Hilary Atkin, Office of Native
American Programs, Office of Public and Indian Housing, U.S. Department
of Housing and Urban Development, 451 Seventh Street SW, Room 4108,
Washington, DC 20410-5000, or email <a href="/cdn-cgi/l/email-protection#347c5d5855464d1a771a75405f5d5a745c41501a535b42"><span class="__cf_email__" data-cfemail="1b5372777a69623558355a6f7072755b736e7f357c746d">[email protected]</span></a>, phone
(202)-402-3427.
SUPPLEMENTARY INFORMATION: This document advises the public of waivers
and flexibilities from HUD requirements for its Indian Housing Block
Grant (IHBG), Indian Community Development Block Grant (ICDBG), and
Native Hawaiian Housing Block Grant (NHHBG) grantees located in areas
that are covered by Presidentially Declared Disasters (PDDs) declared
during Calendar Years 2024 and 2025. Please note that the waivers and
flexibilities in this document do not apply to the various COVID-relief
related programs administered by the Office of Native American Programs
(IHBG-CARES, IHBG-ARP, ICDBG-CARES, ICDBG-ARP, and NHHBG-ARP) because
HUD has issued separate waivers and alternative requirements that apply
to those programs, as further outlined in the Implementation and Waiver
Notices governing those programs.
I. Flexibilities That Are Available to PDD Tribes, Tribally Designated
Housing Entities, and the Department of Hawaiian Home Lands for PDDs
Declared in CY 2024 and CY 2025
The following is a list of HUD requirement waivers and
flexibilities available for IHBG, ICDBG, and NHHBG grantees located
within PDD areas. Grantees may use any of the waivers and flexibilities
below to assist their communities in addressing challenges and issues
that result from a disaster covered by a PDD declared in CY 2024 and
2025.
A. 24 CFR Part 1000 (IHBG)
1. Total Development Costs (24 CFR 1000.156, 1000.158, 1000.160, and
1000.162):
The IHBG regulations at 24 CFR part 1000 require that affordable
housing under the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) be of moderate design with a size
and with amenities consistent with unassisted housing offered for sale
in the Indian tribe's general geographic area to buyers who are at or
below the area median income (AMI). To achieve this requirement the
recipient must either adopt written standards for its affordable
housing programs that reflect the requirement specified or use total
development cost (TDC) limits published periodically by HUD that
establish the maximum amount of funds (from all sources) that the
recipient may use to develop or acquire/rehabilitate affordable
housing. The limits provided by the TDC may not, without prior HUD
approval, exceed by more than 10 percent the TDC maximum cost for the
project. Non-dwelling structures used to support an affordable housing
activity must be of a design, size and with features or amenities that
are reasonable and necessary to accomplish the purpose intended by the
structures.
Disasters may result in disruptions to supply chains, lead to labor
and contractor shortages, and result in overall increases in
construction costs. Given this possibility of increased costs of
resources and the urgency to rehabilitate homes following a PDD, HUD is
waiving the TDC regulatory requirements in 24 CFR 1000.156, 1000.158,
1000.160, and 1000.162 relating to limitations on cost or design
standards and TDC with respect to dwelling and non-dwelling units
developed, acquired, or assisted with IHBG funding. Under this waiver,
an IHBG recipient may exceed the current TDC maximum by 20 percent
without HUD review or approval (other than notification by the grantee
pursuant to the procedures outlined in Section II of this document).
The recipient, however, must maintain documentation that indicates the
dwelling units and non-dwelling structures developed, acquired, or
assisted with this funding will, after the PDD, be for IHBG-eligible
families and the design, size, and amenities are moderate and
comparable to housing in the area. The TDC limits can be exceeded by
more than 20 percent if the recipient receives written approval from
HUD Headquarters. This waiver applies to both single-family and multi-
family housing, as well as non-dwelling structures.
2. Income Verification (24 CFR 1000.128):
24 CFR 1000.128 requires IHBG recipients to verify that a family is
income eligible. Families are required to provide documentation to
verify this determination, and a recipient is required to maintain that
documentation. Families may be required by the IHBG recipient to
periodically verify income after initial occupancy, and the recipient
is required to maintain documentation.
As families may be displaced during a PDD and may not have access
to their income documentation, HUD is waiving Sec. 1000.128, and
allowing the following:
(a) IHBG recipients may deviate from their current written
admissions and occupancy policies, and may allow less frequent income
recertifications; and
(b) IHBG recipients may carry out intake and other tasks necessary
to verify income through alternative means if the IHBG recipient
chooses to do so, including allowing income self-certification over the
phone (with a written record by the IHBG recipient's staff), or through
an email with a self-certification form signed by a family.
[[Page 87901]]
3. Assistance to Middle-Income Families Impacted by a Disaster (24
CFR 1000.104, 1000.106, 1000.108, and 1000.110):
Generally, Section 201 of NAHASDA and the IHBG regulations at 24
CFR 1000.104, 1000.106, 1000.108, and 1000.110 require that IHBG
recipients limit assistance to low-income Native American families,
with some exceptions for non-low-income families at 80-100 percent AMI,
families over 100 percent of AMI, and essential families under section
201(b)(3) of NAHASDA. Section 201(b)(2) and 24 CFR 1000.110 provide
that an IHBG recipient may aid a non-low-income family upon a
documented determination by the recipient that there is a need for
housing for such family that cannot reasonably be met without such
assistance. 24 CFR 1000.110(c) provides that a recipient may use up to
10 percent of the amount planned for the Tribal program year for
families whose income falls within 80 to 100 percent of AMI without HUD
approval. HUD approval is required if a recipient plans to use more
than 10 percent of the amount planned for the Tribal program year for
such assistance or to provide housing for families with income over 100
percent of AMI. Finally, 24 CFR 1000.110(d) provides that non-low-
income families cannot receive the same benefits provided low-income
Indian families. The amount of rental assistance, homeownership
assistance, and other assistance that non-low-income families may
receive will be determined in accordance with the formula provided in
that regulation.
Disasters may devastate and displace Native American families in a
community of all incomes, make housing uninhabitable, damage community
infrastructure, and result in a loss of life and property. IHBG
recipients may find it in the public interest to aid non-low-income
families that are displaced due to a disaster, including by using IHBG
funds to provide such assistance as temporary rental assistance to
otherwise ineligible families in IHBG-assisted housing owned or
operated by the recipient, housing such families in hotels/motels, and
similar facilities, providing such families with necessary relocation
assistance, and more. To help alleviate the impact of PDDs on Tribal
communities, HUD is waiving 24 CFR 1000.104, 1000.106, 1000.108, and
1000.110 to the extent necessary to allow for the following
flexibilities:
(a) IHBG recipients in areas covered by PDDs may exceed the 10
percent cap on serving Native American families whose income falls
within 80 to 100 percent of AMI without HUD approval, provided the
recipient decides that the families are impacted by the disaster and
that there is a need for housing for such family that cannot reasonably
be met without such assistance.
(b) IHBG recipients in areas covered by PDDs may provide IHBG
assistance to middle-income Native American families whose income is at
or below 120 percent of AMI without HUD approval, provided the
recipient decides that the families are impacted by the disaster and
that there is a need for housing for such family that cannot reasonably
be met without such assistance.
In all cases, assistance to these non-low-income families must
still comply with limits on assistance specified in 24 CFR 1000.110(d).
Additionally, all assistance must be temporary in nature. For instance,
such families may receive temporary rental assistance that is time-
limited pursuant to the recipient's policies but may not receive
permanent tenant-based rental assistance with no specified end date.
IHBG recipients must ensure that IHBG assistance provided does not
result in a duplication of benefits. For example, IHBG recipients
should not pay for costs that are already covered by private insurance
or other Federal, State, or Tribal funds or programs. Finally, when
providing this assistance, IHBG recipients must also maintain records
documenting that all these criteria were met at the time that such
assistance was provided.
B. 24 CFR Part 1003 (ICDBG)
1. Purchasing Equipment (24 CFR 1003.207(b)(1)(i)):
The purchase of equipment with ICDBG funds is generally ineligible
under 24 CFR 1003.207(b)(1)(i), with some exceptions. Given the
immediate need for certain equipment to carry out ICDBG-eligible
activities related to disaster recovery, such as construction equipment
necessary for clearance, construction, rehabilitation, and other
recovery efforts in the aftermath of a PDD, HUD is waiving 24 CFR
1003.207(b)(1)(i) and authorizing the use of ICDBG funds for the
purchase of equipment necessary to carry out ICDBG-eligible activities
that assist with clearance, rehabilitation, construction, and other
uses related to housing, public facilities, improvements, and works,
and other disaster-recovery related purposes. Equipment must be used
for authorized program purposes, and any proceeds from the disposition
of equipment will be considered ICDBG program income. HUD may issue
further guidance in the future on the disposition of program income
after grant closeout.
2. Emergency Payments for Up to Six Months (24 CFR 1003.207(b)(4)):
Under 24 CFR 1003.207(b)(4), the general rule is that ICDBG funds
may not be used for income payments. For purposes of the ICDBG program,
income payments mean a series of subsistence-type grant payments made
to an individual or family for items such as food, clothing, housing
(rent or mortgage), or utilities. However, ICDBG may be used to make
emergency payments over a period of up to three months to the provider
of such items or services on behalf of an individual or family.
Low- and moderate-income families impacted by disasters may have an
immediate need for short-term rental assistance, mortgage assistance,
utility assistance, food, clothing, and similar services.
To provide additional relief to families impacted by disasters, HUD
is waiving 24 CFR 1003.207(b)(4) to the extent necessary to allow ICDBG
grant funds to be used to provide emergency payments for low- and
moderate-income individuals or families impacted by a PDD. These grant
funds may be used for items such as food, medicine, clothing, and other
necessities, as well as rental, mortgage, and utility assistance,
without regard for the three-month limitation in 24 CFR 1003.207(b)(4),
but for a period not to exceed six months, unless further approved in
writing by HUD on a case-by-case basis.
ICDBG grantees may establish lines of credit with third party
providers (e.g., grocery stores) on behalf of specific beneficiary
families, provided all expenses can be properly documented and all
ICDBG funds used for this purpose are expended on eligible activities.
In all cases, ICDBG grantees must ensure that proper documentation is
maintained to ensure that all costs incurred are eligible. ICDBG
grantees using this waiver flexibility must document, in their policies
and procedures, how they will determine the necessary and reasonable
amount of assistance to be provided.
C. 24 CFR Part 1006 (NHHBG)
1. Assistance to Middle-Income Families Impacted by Disaster (24
CFR 1006.301(a)):
24 CFR 1006.301(a) describes families eligible for NHHBG assistance
as low-income Native Hawaiian families who are eligible to reside on
the Hawaiian homelands. Section 809(a)(2) of NAHASDA limits assistance
for families who are not low-income to homeownership activities, as
approved
[[Page 87902]]
by HUD, to address a housing need that cannot be reasonably met without
that assistance. Section 1006.301(d) requires the Department of
Hawaiian Home Lands (DHHL) to have written policies governing
eligibility, admission, and occupancy of families for NHHBG-assisted
housing.
Disasters may devastate and displace Native Hawaiian families in a
community of all incomes, make housing uninhabitable, damage community
infrastructure, and result in loss of life and property. DHHL may find
it in the public interest to aid non-low-income families that are
displaced due to a disaster by using NHHBG funds to provide such
assistance as temporary mortgage assistance, temporary rental
assistance on or off the Hawaiian home lands, housing such families in
hotels, motels, or similar facilities, providing such families with
necessary relocation assistance, and more. To help alleviate the impact
of PDD on Native Hawaiian communities, HUD is waiving 24 CFR
1006.301(a) to allow DHHL more flexibility to provide NHHBG assistance
to families that are middle income (defined as 120 percent of AMI),
provided the assistance is for homeownership activities (which may
include short-term rental assistance to displaced homeowners), is
temporary in nature, and DHHL determines that the families are impacted
by the disaster and that there is a need for housing for such family
that cannot reasonably be met without such assistance.
Under this waiver, Native Hawaiian families impacted by PDD can
automatically be served provided their household income does not exceed
120 percent of AMI, there is no duplication of benefits, and all
eligible criteria in this waiver are met. All assistance must be
temporary in nature. For instance, such families may receive temporary
rental assistance that is time-limited pursuant to DHHL's policies but
may not receive permanent tenant-based rental assistance with no
specified end date. DHHL must ensure that NHHBG assistance provided
does not result in a duplication of benefits. For example, DHHL should
not pay for costs that are already covered by private insurance or
other Federal or State funds or programs. Further, when providing this
assistance, DHHL must maintain records documenting that all these
criteria were met at the time that such assistance was provided. HUD
encourages DHHL to update its written policies to allow middle-income
Native Hawaiian families who are impacted by disasters covered by a PDD
to be considered eligible for NHHBG homeownership assistance and
include a definition for `temporary' assistance.
2. Income Verification (24 CFR 1006.320):
24 CFR 1006.320 requires DHHL to have written policies regarding
tenant and homebuyer selection and criteria related to eligibility for
NHHBG assistance. Many families whose homes were damaged or destroyed
by the disaster may not have any documentation of income. DHHL may
modify its policy and procedures to streamline any income verification
and documentation requirements for families impacted by PDDs. This may
include allowing income self-certification over the phone (with a
written record by the DHHL's staff), or through an email with a self-
certification form signed by a family. This waiver applies only to
families impacted by PDDs whose income documentation was destroyed or
made difficult to access by the disaster.
II. Instructions
To use the waivers or flexibilities, grantees must provide
notification in writing, preferably by email, to the Administrator in
the Office of Native American Programs (ONAP) Area Office serving their
area before the grantee anticipates using the waiver or flexibility.
Grantees can find their ONAP office at <a href="https://www.hud.gov/program_offices/public_indian_housing/ih/codetalk/onap/map/nationalmap">https://www.hud.gov/program_offices/public_indian_housing/ih/codetalk/onap/map/nationalmap</a>.
The written notification should include the following details:
<bullet> Requestor's Tribe/Tribally Designated Housing Entity
(TDHE)/DHHL, name, title, and contact information.
<bullet> Presidentially declared major disaster area(s) where the
waivers will be used.
<bullet> Date on which the grantee anticipates the first use of the
waiver or flexibility, and its expected duration (which must include a
specific end date), and
<bullet> A list of the waivers and flexibilities the grantee will
use.
III. Exceptions
An IHBG, ICDBG, or NHHBG grantee in a PDD may request an exception
of a HUD requirement not listed in Section I of this document. HUD will
only consider such exception requests subject to statutory limitations
and pursuant to 24 CFR 5.110. HUD will not approve a recipient's
request to waive or be granted a flexibility for an existing fair
housing or civil rights obligation.
IV. Period of Use for Waivers and Flexibilities
Waivers and flexibilities provided in this document will remain
available to grantees provided a grantee is using the waivers or
flexibilities in response to a PDD declared in CY 2024 or 2025 or as
part of the recovery process effort for such PDD. HUD recommends that
grantees clearly document the need for each waiver and flexibility in
their records and ensure that a specific time period for which the
grantee will use the waivers and flexibilities that the grantee
specifies in its written notification to HUD, described in Section II
of this document, is reasonably set and ties back to the response and
recovery effort. If a grantee finds a need to extend the period for
which it will use a waiver or flexibility beyond the end date initially
set by the grantee in its initial written notification to aid in its
ongoing recovery effort, the grantee should send HUD written
notification of its intent to extend the end date. The request must
also demonstrate to HUD's satisfaction that the new time period is
reasonably set and ties back to the response and recovery effort.
V. Finding of No Significant Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations at 24 CFR
part 50, which implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
The FONSI is available for public inspection between 8 a.m. and 5
p.m. Eastern Time weekdays in the Regulations Division, Office of
General Counsel, U.S. Department of Housing and Urban Development, 451
7th Street SW, Room 10276, Washington, DC 20410-0500. Due to security
measures at the HUD Headquarters building, an advance appointment to
review the docket file must be scheduled by calling the Regulations
Division at 202-708-3055 (this is not a toll-free number). HUD welcomes
and is prepared to receive calls from individuals who are deaf or hard
of hearing, or who have speech and other communication disabilities may
use a relay service to reach the Regulations Division. To learn more
about how to make an accessible telephone call, visit the web page for
Federal Communications Commission at <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
[[Page 87903]]
VI. Paperwork Reduction Act
The information collections referenced in this document have been
approved by OMB pursuant to the Paperwork Reduction Act under, OMB
Control Number 2577-0292.
Richard J. Monocchio,
Principal Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2023-27724 Filed 12-19-23; 8:45 am]
BILLING CODE P
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