Notice2025-18476
Waivers and Alternative Requirements for Community Development Block Grant Mitigation (CDBG-MIT) Grantee
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 24, 2025
Issuing agencies
Housing and Urban Development Department
Abstract
This notice governs Community Development Block Grant mitigation (CDBG-MIT) funds awarded under the appropriations acts identified in the Table of Contents. Specifically, this notice includes waivers and alternative requirements for the State of Texas' CDBG-MIT grants.
Full Text
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<title>Federal Register, Volume 90 Issue 183 (Wednesday, September 24, 2025)</title>
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[Federal Register Volume 90, Number 183 (Wednesday, September 24, 2025)]
[Notices]
[Pages 45957-45958]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18476]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6559-N-01]
Waivers and Alternative Requirements for Community Development
Block Grant Mitigation (CDBG-MIT) Grantee
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
mitigation (CDBG-MIT) funds awarded under the appropriations acts
identified in the Table of Contents. Specifically, this notice includes
waivers and alternative requirements for the State of Texas' CDBG-MIT
grants.
DATES: Applicability Date: September 29, 2025.
FOR FURTHER INFORMATION CONTACT: Gerilee Bennett, Acting Director,
Office of Disaster Recovery, U.S. Department of Housing and Urban
Development, 451 7th Street SW, Room 7282, Washington, DC 20410,
telephone number 202-708-3587 (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>. Email inquiries may be sent to
<a href="/cdn-cgi/l/email-protection#77131e04160403120528051214180112050e371f021359101801"><span class="__cf_email__" data-cfemail="53373a2032202736210c2136303c2536212a133b26377d343c25">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority To Grant Waivers
II. Public Law 115-123 and Public Law 116-20 Waivers and Alternative
Requirements
I. Authority To Grant Waivers
The appropriations acts cited in the Table of Contents (Pub. L.
115-123 and Pub. L. 116-20) authorize the Secretary to waive or specify
alternative requirements for any provision of any statute or regulation
the Secretary administers. This includes requirements 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. HUD may also
exercise its regulatory waiver authority under 24 CFR 5.110, 91.600,
and 570.5.
All waivers and alternative requirements authorized in this notice
are based upon a determination by the Secretary that good cause exists
and the waiver or alternative requirement is not inconsistent with the
overall purposes of title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.) (HCDA). The basis for the waiver
and alternative requirement is summarized in this notice.
II. Public Law 115-123 and Public Law 116-20 Waivers and Alternative
Requirements
II.A. Waiver and Alternative Requirement To Remove Citizen Advisory
Committee Requirements (State of Texas Only)
The Department received a request and justification of good cause
from the State of Texas to waive the alternative requirement in the
second paragraph of Section V.A.3.c of the notice published in 84 FR
45838 on August 30, 2019 (``the August 2019 Notice''), which requires
CDBG-MIT grantees to form one or more citizen advisory committees.
These committees are required to meet at least twice a year and solicit
and respond to public comments, serving a function to provide increased
transparency to the public on the use of the CDBG-MIT allocation. This
waiver, as further described below, applies to the following grants
allocated to the State: CDBG-MIT for disasters occurring in 2015 to
2017 funded by Public Law 115-123 and subject to the requirements in
the August 2019 Notice, as modified by the noticed published in 85 FR
60821 on September 28, 2020 (``the September 2020 Notice''), and CDBG-
MIT for disasters occurring in 2018 funded by Public Law 116-20 and
subject to the requirements in 86 FR 561 on January 6, 2021 (``the
January 2021 Notice'') and the August 2019 Notice and September 2020
Notice. This waiver request aligns with HUD's requirements included in
the notice titled, Common Application, Waivers, and Alternative
Requirements for Community Development Block Grant Disaster Recovery
Grantees: The Universal Notice, published on January 8, 2025, at 90 FR
1754, as amended by Memorandums 2025-02 \1\ and 2025-03 \2\ (``The
Universal Notice''). Section III.A.6.a of the Universal Notice does not
require the use of citizen advisory committees but instead encourages
their use as a means to gather feedback and recommendations from the
public at least annually.
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\1\ Memorandum 25-02, ``Revisions made to the Common
Application, Waivers, and Alternative Requirements for Community
Development Block Grant Disaster Recovery Grantees: The Universal
Notice published in the Federal Register (90 FR 1754) and
Clarifications to the Allocations for Community Development Block
Grant Disaster Recovery and Implementation of the CDBG-DR
Consolidated Waivers and Alternative Requirements Notice Published
in the Federal Register (90 FR 4759),'' published on March 19, 2025.
Found at <a href="https://www.hud.gov/sites/dfiles/CPD/documents/CPDUniversalnotice.pdf">https://www.hud.gov/sites/dfiles/CPD/documents/CPDUniversalnotice.pdf</a>.
\2\ Memorandum 25-03, ``Revisions made to the Common
Application, Waivers, and Alternative Requirements for Community
Development Block Grant Disaster Recovery Grantees: The Universal
Notice published in the Federal Register (90 FR 1754),'' published
on March 31, 2025. Found at <a href="https://www.hud.gov/sites/default/files/CPD/documents/CDBG-DR/3-31-2025UniversalNoticeChangesMemo.pdf">https://www.hud.gov/sites/default/files/CPD/documents/CDBG-DR/3-31-2025UniversalNoticeChangesMemo.pdf</a>.
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The August 2019 Notice requires that following HUD's approval of
the action plan, each grantee must form one or more citizen advisory
committees to meet in an open forum, at least twice a year. The primary
function of these groups is to provide increased transparency to the
public on use of the CDBG-MIT funds by soliciting and responding to
public comments and serving as an on-going public forum to continuously
provide input into the CDBG-MIT funded projects and programs. Citizen
advisory committees could also be a part of the process to prepare the
initial CDBG-MIT action plan submitted to HUD, although not expressly
required.
The State of Texas reports that despite their efforts to engage and
support the citizen advisory committees, member participation and
engagement have significantly decreased over the last four years, and
these groups no longer serve their intended purpose. The State of Texas
describes its good faith attempts to create and maintain citizen
advisory committees to include: soliciting membership applications from
the public and non-profit sectors across different geographic regions
in the state; creating two committees, with leadership positions within
the committee, to allow for more stakeholder representation; and
holding regularly scheduled meetings to maximize committee turnout.
Despite these efforts, the State reports that citizen advisory
committees have become increasingly ineffective due to several
challenges, including: a low response during the initial committee
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member application period; a lack of participation and low attendance
at committee meetings; and a lack of interest in committee leadership
roles or backfilling vacant positions. These ongoing recruitment,
retention, and engagement challenges have resulted in the State
spending a disproportionate amount of staff time trying to increase
committee participation despite the overall decline in the committee's
overall effectiveness.
After reviewing the State's request and based on the good cause
provided herein, the Department is waiving the alternative requirement
found in the second paragraph of Section V.A.3.c of the August 2019
Notice. HUD notes the State's efforts to try and form a successful
citizen advisory group for its CDBG-MIT grants and, in alignment with
Section III.A.6.a. of the Universal Notice, waives this requirement.
However, if the State decides later that they do wish to work with a
citizen advisory group, then the State can determine the cadence of the
meetings and how the group would provide feedback to the grantee. This
waiver only applies to the second paragraph of Section V.A.3.c as it
relates to citizen advisory groups. The State must continue to follow
the first paragraph of Section V.A.3.c as it relates to the
availability and accessibility of the action plan, substantial
amendments, and performance reports, as well as other citizen
participation requirements in Section V.A.3.
Bryan W. Horn,
Acting Principal Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 2025-18476 Filed 9-23-25; 8:45 am]
BILLING CODE 4210-67-P
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