Notice2026-11629
Statutory Suspensions and Regulatory and Administrative Requirement Flexibilities Available to Native American Programs During CY 2026 To Assist Tribal Grantees With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters
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
June 10, 2026
Issuing agencies
Housing and Urban Development Department
Abstract
This notification advises the public of suspensions, 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 covered by Presidentially Declared Disasters (PDDs) during calendar year 2026 or grantees carrying out authorized eligible activities to assist impacted families located in areas covered by certain PDDs. The notice outlines available relief measures and instructions for requesting additional waivers or flexibilities needed for disaster response and recovery. These provisions apply only to 2026 PDDs and do not apply to ONAP COVID-relief programs, which are governed by separate waiver and implementation notices.
Full Text
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<title>Federal Register, Volume 91 Issue 111 (Wednesday, June 10, 2026)</title>
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[Federal Register Volume 91, Number 111 (Wednesday, June 10, 2026)]
[Notices]
[Pages 35240-35243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11629]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6572-N-01]
Statutory Suspensions and Regulatory and Administrative
Requirement Flexibilities Available to Native American Programs During
CY 2026 To Assist Tribal Grantees With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters
AGENCY: Office of Assistant Secretary for Public and Indian Housing
(PIH), HUD.
ACTION: Notice.
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SUMMARY: This notification advises the public of suspensions, 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
covered by Presidentially Declared Disasters (PDDs) during calendar
year 2026 or grantees carrying out authorized eligible activities to
assist impacted families located in areas covered by certain PDDs. The
notice outlines available relief measures and instructions for
requesting additional waivers or flexibilities needed for disaster
response and recovery. These provisions apply only to 2026 PDDs and do
not apply to ONAP COVID-relief programs, which are governed by separate
waiver and implementation notices.
DATES: Applicability Date: This document announces the waivers and
flexibilities as of January 1, 2026.
FOR FURTHER INFORMATION CONTACT: Hilary Atkin, Office of Native
American Programs, Office of Public and Indian Housing, 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#b3fbdadfd2c1ca9df09df2c7d8daddf3dbc6d79dd4dcc5"><span class="__cf_email__" data-cfemail="1a5273767b68633459345b6e7173745a726f7e347d756c">[email protected]</span></a>, telephone
(202) 402-3427 (this is a toll-free number). HUD welcomes and is
prepared to receive calls from individuals who are deaf or hard of
hearing, as well as from 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>.
SUPPLEMENTARY INFORMATION:
I. Flexibilities That Are Available to Tribes, Tribally Designated
Housing Entities, and the Department of Hawaiian Homelands for PDDs
Declared in CY 2026
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.
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, which means
housing that is of 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 this requirement 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.
Based on HUD's experience, disasters resulted 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 disaster, 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 notice). 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.
Based on HUD's experience and during a PDD, displaced families may
not have access to their income documentation, HUD is waiving section
1000.128 and allowing IHBG recipients may carry out intake and other
tasks necessary to verify income for families displaced by a disaster
through alternative means if the IHBG recipient chooses to do so,
including allowing income self-certification through an email with a
self-certification form signed by the family.
This waiver of income verification requirements under 24 CFR
1000.128 is effective for a period of six months starting from the date
that the IHBG recipient first notifies HUD that it intends to use this
waiver flexibility.
[[Page 35241]]
After the six months expire, all income verifications must comply with
standard requirements.
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 to 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.
Based on HUD's experience, disasters 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 disasters on Tribal communities, HUD waives 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 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 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 the 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. 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.
Based on HUD's experience, low- and moderate-income families
impacted by disasters have had 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
waives 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 disaster. 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.
This waiver allowing for emergency payments for up to six months
under 24 CFR 1003.207(b)(4) is effective for a period of one year
starting from the date that the ICDBG grantee first notifies HUD that
it intends to use this waiver flexibility. After the one-year period
expires, emergency payments will once again be limited to a period of
up to three months.
2. Suspension of Public Services Cap (Section 105(a)(8) of the Housing
and Community Development Act of 1974 (HCDA), as Amended (42 U.S.C.
5305), 24 CFR 1003.201(e))
Section 105(a) of the HCDA and 24 CFR 1003.201(e) provide that the
amount of ICDBG funds used for public services may not exceed 15
percent of the ICDBG grant.
Following a disaster, HUD's experience has been that communities
often need to provide additional support services related to the
effects of the disaster on individuals and families. Anticipated needed
services include, but are not limited to, the provision of food and
bottled water, emergency shelter, case management, and related services
to help residents in the declared-disaster areas until long-term
recovery resources become available. The current 15 percent cap on
public services may be an unnecessary barrier
[[Page 35242]]
to Tribal communities trying to recover from a disaster.
Section 122 of the HCDA (42 U.S.C. 5321) authorizes HUD to suspend
certain ICDBG statutory requirements to assist grantees in addressing
the damage in areas for which the President has declared a disaster
under Title IV of the Stafford Act. To ensure that ICDBG grantees can
provide necessary public services to families impacted by a disaster,
HUD suspends the provision of section 105(a)(8) of the HCDA and waives
24 CFR 1003.201(e) to the extent necessary to permit ICDBG grantees to
exceed the 15 percent cap on public service expenditures. This waiver
is available to ICDBG grantees located in a PDD and to ICDBG grantees
providing assistance to impacted families located in a PDD. An ICDBG
grantee carrying out public service activities under this waiver should
document that families receiving assistance were impacted by the
disaster and must ensure that all costs are necessary and reasonable to
recover from the disaster. The grantee should also document its use of
this waiver flexibility in its annual status and evaluation report that
it submits under 24 CFR 1003.506 and describe each activity so the
activity is clearly distinguishable as a designated disaster recovery
activity.
This waiver of the public services cap is effective for a period of
one year starting from the date that the ICDBG grantee first notifies
HUD that it intends to use this waiver flexibility.
3. New Housing Construction (Section 105(a) of the HCDA, 24 CFR
1003.207(b)(3))
Under section 105(a) of the HCDA and 24 CFR 1003.207, new housing
construction is generally ineligible unless carried out by a Community-
Based Development Organization (CBDO), with a few exceptions.
Based on HUD's experience, PDDs often cause damage and destruction
to a large number of housing units within the declared-disaster area.
Allowing Tribes to use ICDBG funds for new housing construction enables
them to replace affordable housing units that were lost as a result of
the disaster.
To expedite the rebuilding process, HUD suspends the requirements
of section 105(a) of the HCDA, as authorized by section 122 of the
HCDA, and waives 24 CFR 1003.207(b)(3) to the extent necessary to
permit grantees to directly use ICDBG funds for new housing
construction activities to address damage from the disaster, provided
that such activities are reasonable and necessary for disaster
recovery. Grantees must document how the new construction activity
addresses disaster damage. In addition to the flexibility provided by
the suspension of the statutory requirements, grantees are encouraged
to take advantage of the reconstruction provisions at section 105(a)(4)
of the HCDA.
This waiver allowing the use of ICDBG funds for new housing
construction is effective for a period of one year starting from the
date that the ICDBG grantee first notifies HUD that it intends to use
this waiver flexibility.
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 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.
Based on HUD's experience, PDDs have devastated and displaced
Native Hawaiian families in a community of all incomes, make housing
uninhabitable, damage community infrastructure, and resulted 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 deliver assistance such as providing temporary mortgage
assistance; providing temporary rental assistance on or off the
Hawaiian homelands; housing such families in hotels, motels, or similar
facilities; providing such families with necessary relocation
assistance, and more. To help alleviate the impact of disasters on
Native Hawaiian communities, HUD waives 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), temporary in nature, and for
families impacted by the disaster and 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 the 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. If it
chooses to use the flexibilities outlined in this waiver, DHHL should
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. Based on HUD's experience, families whose homes were
damaged or destroyed by the disaster often lack documentation of
income. DHHL may modify its policy and procedures to streamline income
verification and documentation requirements for families displaced by
PDDs by allowing income self-certification through an email with a
self-certification form signed by the family. This waiver applies only
to families impacted by PDDs whose income documentation was destroyed
or made difficult to access by the disaster.
This waiver of income verification requirements under 24 CFR
1006.320 is effective for a period of six months starting from the date
that DHHL first notifies HUD that it intends to use this waiver
flexibility. After the six months expire, all income verifications must
comply with standard requirements.
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
[[Page 35243]]
flexibility. The written notification should include the following
details:
(a) Requestor's Tribe/TDHE/DHHL, name, title, and contact
information;
(b) Presidentially declared major disaster area(s) where the
waiver(s) will be used;
(c) Date on which the grantee anticipates the first use of the
waiver or flexibility, and its expected duration (which must include an
end date); and
(d) A list of the waivers and flexibilities the grantee will use.
III. Additional Suspensions and Waivers
An IHBG, ICDBG, or NHHBG grantee within in a PDD, or operating in
an area covered by a PDD, may request other suspensions or waivers of a
HUD requirement not listed in Section I of this notice. HUD will only
consider such suspension or waiver requests subject to statutory
limitations and pursuant to 24 CFR 5.110.
IV. Period of Use for Waivers and Flexibilities
Waivers and flexibilities provided in this notice will remain
available to grantees provided the grantee is using the waivers or
flexibilities in response to the PDD or as part of the recovery process
effort. HUD recommends that grantees clearly document the need for each
waiver and flexibility in their records and ensure that the specific
time period for which the grantee will use the waivers and
flexibilities, specified in its written notification to HUD, described
in Section II, is reasonably set and tied 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 tied
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, Department of Housing and Urban Development, 451 7th
Street SW, Room 10276, Washington, DC 20410-0500. Due to security
measures at HUD Headquarters, 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). Hearing or speech-
impaired individuals may access this number through TTY by calling the
Federal Relay Service at 800-877-8339 (this is a toll-free number).
VI. Paperwork Reduction Act
The information collections referenced in this notice have been
approved by OMB pursuant to the Paperwork Reduction Act under, OMB
Control Numbers 2501-0044, 2577-0191, 2577-0200, and 2577-0218.
Benjamin Hobbs,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2026-11629 Filed 6-9-26; 8:45 am]
BILLING CODE 4210-67-P
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