HomeMy WebLinkAboutIowa Department of Economic Development-Grant Contract-08.24.2009 pacf . g3�
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)
HAZARD MITIGATION GRANT PROGRAM MATCH
FOR PROPERTY ACQUISITION CONTRACT
RECIPIENT: City of Waterloo
CONTRACT NUMBER: 08-DRMH-046
CONTRACT EFFECTIVE DATE: July 15,2009
AWARD AMOUNT: $857,352
END DATE: July 31,2012 •
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM("CDBG")HOUSING FUND CONTRACT is
made by and between the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT,200 East Grand Avenue,Des Moines,Iowa
50309("Department"or"IDED")and the Recipient,effective as of the date stated above.
WHEREAS,the Department is designated to receive,administer,and disburse CDBG funds;and
WHEREAS,the Department desires to disburse grant funds to the Recipient for eligible purposes primarily benefiting low
and moderate income persons,eliminating slums and blight,or meeting community development needs having particular urgency;
and
WHEREAS,the Recipient submitted an Application to Iowa Homeland Security Management Division(IHSEMD)for
funding to acquire property in the floodplain and IHSEMD has approved the application and will provide 85 percent(85%)of the
eligible costs;
WHEREAS,IDED has agreed to provide funding for the local share requirement,or fifteen percent(15%)of the eligible
costs through the Community Development Block Grant(CDBG)program;
WHEREAS, in approving the Application the Department has relied upon the representations of proposed activities;
management and financial condition of the Recipient;investment of other funds;and other material information contained therein;
and
WHEREAS, the Recipient has certified to the Department that the primary purpose for obtaining CDBG funds is to
primarily benefit low and moderate income persons,eliminate slums and blight,or meet community development needs having a
particular urgency;
NOW, THEREFORE, the Recipient accepts this grant upon the terms and conditions set forth in this Contract. In
consideration of the mutual promises contained in this Contract and other good and valuable consideration,it is agreed as follows:
ARTICLE 1
DEFINITIONS
As used in this Contract,the following terms shall apply:
1.1 ACT. "Act"means Title I of the Housing and Community Development Act of 1974 as amended(42 U.S.C.5301 et seq.).
1.2 ACTIVITY. "Activity" means the description of work, services, and other accomplishments to be performed by the
Recipient as described in the Housing Fund Application approved by the Department.
1.3 ALLOWABLE COSTS. "Allowable Costs"are those costs which are identified on Attachment A,"Program Description
and Budget;"Attachment B,Application;and consistent with Federal regulations and guidelines applicable to the CDBG program.
1.4 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM(CDBG). "Community Development Block Grant
Contract Number 08-DRMH-046
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Program"means the grant program authorized by Title I of the Housing and Community Development Act of 1974,as amended.
1.5 CONTRACT. "Contract"means this Contract and all of the leases,assignments,and similar documents referred to in the
Contract and all other instruments or documents executed by the Recipient or otherwise required in connection with the Contract,
including the Housing Fund Application together with any related submittal documents.
1.6 CONTRACT END DATE. "Contract End Date"means the date the Contract ceases to be in force and effect,unless the
Contract is terminated earlier. The Contract expires upon the occurrence of one of the following: a) the Recipient fulfills the
conditions and accomplishments agreed to herein as of the Contract End Date;or b)the Contract is terminated by the Department
due to any default under Article 9;or c)the Contract is terminated in accordance with provisions set forth in Sections 8 and 9 of the
General Provisions,Attachment C of this Contract.
1.7 GRANT. "Grant"means the award of CDBG funds to the Recipient for activities.
1.8 HUD. "HUD"means the U.S.Department of Housing and Urban Development.
1.9 LOW-AND MODERATE-INCOME FAMILIES. "Low-and Moderate-Income Families"means those families earning
no more than 80 percent of the higher of the median family income of the county or the statewide nonmetropolitan area as
determined by the latest U.S.Department of Housing and Urban Development,Section 8 income guidelines. Unrelated individuals
shall be considered as one-person families for this purpose.
1.10 LOW-AND MODERATE-INCOME PERSONS. "Low and Moderate Income Person"means a member of a low-and
moderate-income family as defined above.
1.11 PROJECT. "Project"means a discrete item of work as determined to be eligible under program guidelines.
ARTICLE 2
FUNDING
2.1 FUNDING SOURCE. The source of funding for the Grant is a Federal appropriation for the Community Development
Block Grant(CDBG)Program, Housing Fund Set-Aside.
2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient Federal
funds for the CDBG program. Any termination,reduction,or delay of CDBG funds to the Department shall, at the option of the
Department,result in the termination,reduction or delay of CDBG funds to the Recipient.
2.3 PRIOR COSTS. If any Recipient has received written approval from the Department to incur certain costs prior to the
Effective Date of this Contract,then said written approval and the terms and conditions therein are incorporated herein and made a
part of this Contract by this reference as if fully set forth. Any such costs incurred prior to the Effective Date of this Contract are
subject to the Special Conditions and General Conditions of this Contract.
2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been
requested by the Recipient within sixty(60)days after the Contract End Date,then the Department shall be under no obligation for
further disbursement. The Department may allow access to funds after this time for allowable costs associated with the conduct of
the audit(s)required in Article 2.0 of the General Provisions,Attachment C to this Contract.
ARTICLE 3
TERMS OF GRANT
3.1 TIME OF PERFORMANCE. The services of the Recipient are to commence as of the Effective Date and shall be
undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on
or before the Contract End Date.
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3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Recipient
by the Department for any item of work or service shall conform to the budget as presented in Attachment A,"Program Description
and Budget." It is further understood and agreed that the total of all payments to the Recipient by the Department for all work and
services required under this Contract shall not exceed the Award Amount unless modified by written amendment of this Contract as
provided in Section 1.0 of the General Provisions.
3.3 LOCAL CONTRIBUTION REQUIREMENT. The Recipient agrees to provide local contribution to the Activity or
Activities as defined on Attachment A, "Program Description and Budget."
3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code,Chapter 25
and all applicable State and Federal laws and regulations,including the Iowa Housing Fund Management Guide and the required
elements of the IDED's model of the Owner-Occupied Rehabilitation Administrative Plan(as applicable),which have been provided
by IDED to the Recipient.
ARTICLE 4
ACTIVITY REQUIREMENTS
4.1 PERFORMANCE TARGETS. On the Contract End Date, the Recipient shall have accomplished the activities and
performance targets as described in Attachment A,"Program Description and Budget,"and as further elaborated in Attachment B,
Housing Fund Application,as approved by the Department.
4.2 CALCULATION OF ACTIVITY COMPLETION. The Department has the final authority to assess whether the
Recipient has met their performance targets at the Contract End Date. The Department shall determine completion according to the
performance targets set forth in Attachment A,"Program Description and Budget." The Department reserves the right to monitor
and measure at any time during the Contract term the achievement of the performance targets.
ARTICLE 5
USE OF FUNDS
5.1 GENERAL. The Recipient shall perform in a satisfactory and proper manner,as determined by the Department,the work
and services as written and described in the approved Housing Fund Application(Attachment B)as summarized in the Recipient's
approved"Program Description and Budget"(Attachment A).
5.2 PROGRAM INCOME. Proceeds in excess of$25,000 in a year generated from the use of CDBG funds (program
income)received by the recipient prior to the Contract End Date,shall be expended prior to requesting additional CDBG funds.
Proceeds in excess of$25,000 in a year generated from the use of CDBG funds(program income)received by the recipient after the
Contract End Date shall be returned to the Department.
5.3 BUDGET REVISIONS. Budget revisions that would result in increases of budgeted line item amounts in excess of ten
percent(10%)or ten thousand dollars ($10,000), whichever is less, shall be subject to approval of the Department through the
Contract amendment process. Budget line item decreases that would lower the Recipient's performance level required under this
Contract must be first approved by the Department through the amendment process. In no instance shall a budget revision result in
total costs exceeding the total Contract amount. Budget revisions shall be compatible with the terms of this Contract and be of such
a nature as to qualify as an allowable cost. These provisions shall not be construed as allowing general administrative costs to
exceed the limits provided in Article 5.4. Budget revisions requested during the final ninety(90)days of the Contract period will be
approved by the Department only if it determines that the revisions are necessary to complete all activities.
5.4 GENERAL ADMINISTRATIVE COST LIMITATIONS. Federal funds used for reasonable general administrative
costs, as allowed under Federal and State regulations, shall be limited to ten percent (10%) of the total Housing Fund Award.
Program income received by the Recipient during the Contract period is subject to the ten percent(10%)general administrative cost
limitation.
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ARTICLE 6
CONDITIONS TO DISBURSEMENT OF FUNDS
Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the
Recipient any amounts under this Contract:
6.1 CONTRACT EXECUTED. The Contract shall have been properly executed and,where required,acknowledged.
6.2 COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION REQUIREMENTS. Funds shall
not be released under this Contract until the Recipient has satisfied the environmental review and release of funds requirements set
forth in 24 CFR Part 58, "Environmental Review Procedures for the Community Development Block Grant Program," and
summarized in the Iowa Housing Fund Management Guide. In addition,construction contracts for non-exempt activities shall not be
executed and construction shall not begin prior to providing the Department with documentation of the Recipient's compliance with
Section 106 of the National Historic Preservation Act and 36 CFR Part 800,"Protection of Historic Properties"And the Request for
Release of Funds is issued. The Recipient shall comply with the Programmatic Memorandum of Understanding between the Iowa
Department of Economic Development and the Iowa State Historic Preservation Office,applicable to any activities included in this
Contract.
6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and
approved all documents, such as permits or licenses from other local, state or federal agencies, which may be required prior to
Activity commencement.
6.4 EXCESSIVE FORCE POLICY. The Department,prior to release of funds under this Contract,shall review and approve
the Recipient's policy on protecting individuals engaged in nonviolent civil rights demonstrations from the use of excessive force by
law enforcement agencies within its jurisdiction,and enforcing state and local laws against physically barring entrance to or exit
from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction,consistent with
the provisions of Section 906 of the National Affordable Housing Act of 1990 and Subsection 104(1)of the Housing and Community
Development Act of 1974,as amended.
6.5 ADMINISTRATIVE PLAN. The Recipient shall establish a written Administrative Plan that is consistent with the
approved Application and in compliance with the Housing Fund Administrative Rules and the required elements of the IDED's
model of the Owner-Occupied Rehabilitation Administrative Plan(as applicable). The release of housing funds shall be contingent
upon the Department's receipt of the Administrative Plan. The Department reserves the right to withhold funding if it determines
that the Recipient's Administrative Plan is not adequate to ensure the operation of the activity in compliance with the state and
Federal requirements.
6.6 SUB-RECIPIENT AGREEMENT. Prior to release of funds under this Contract and prior to the Recipient entering into a
Sub-Recipient Agreement for the administration of this award, the Recipient shall seek and obtain the Department's review and
approval of the Recipient's proposed Sub-Recipient Agreement.
ARTICLE 7
REPRESENTATIONS AND WARRANTIES OF RECIPIENT
To induce the Department to make the Grant referred to in this Contract,the Recipient represents, covenants and warrants that:
7.1 AUTHORITY. The Recipient is duly authorized and empowered to execute and deliver the Contract. All action on the
Recipient's part, such as appropriate resolution of its governing board for the execution and delivery of the Contract, has been
effectively taken.
7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Activity that have been
provided to the Department are true and correct in all material respects and completely and accurately represent the subject matter
thereof as of the Effective Date of the statements and related materials,and no material adverse change has occurred since that date.
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7.3 HAZARD MITIGATION GRANT PROGRAM APPLICATION. The contents of the Hazard Mitigation Grant
Program Application the Recipient submitted to the Iowa Department of Homeland Security(IDHS)for funding is a complete and
accurate representation of the Activity as of the date of submission and there has been no material adverse change in the
organization,operation,or key personnel of the Recipient since the date the Recipient submitted its Application to the IDHS.
7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or,to the knowledge of the
Recipient,threatened against the Recipient affecting in any manner whatsoever their rights to execute the Grant or the ability of the
Recipient to make the payments required under the Grant,or to otherwise comply with the obligations of the Grant contained under
the Grant. There are no actions,lawsuits or proceedings at law or in equity,or before any governmental or administrative authority
pending or,to the knowledge of the Recipient,threatened against or affecting the Recipient or any property involved in the Activity.
7.5 PRIOR AGREEMENTS. The Recipient has not entered into any verbal or written contracts,agreements,or arrangements
of any kind,which are inconsistent with the Contract.
7.6 EFFECTIVE DATE. The covenants,warranties and representations of this Article are made as of the Effective Date of
this Contract and shall be deemed to be renewed and restated by the Recipient at the time of each advance or request for
disbursement of funds.
ARTICLE 8
COVENANTS OF THE RECIPIENT
8.1 AFFIRMATIVE COVENANTS. Until the Activity has been closed out,audited,and approved by IDED,the Recipient
covenants with IDED that:
(a) WORK AND SERVICES. The Recipient shall perform work and services detailed in the approved Housing
Fund Application and Attachment A of the Contract by the Contract End Date.
(b) REPORTS. The Recipient shall prepare,review and sign the requests and reports as specified below in the form
and content specified by the Department. The requests and reports shall be submitted to the Department by the 15th of the
month when due,and for final reports,within sixty(60)days after the Contract End Date. The Recipient shall review all
reimbursement requests and verify that claimed expenditures are allowable costs. The Recipient shall maintain
documentation adequate to support the claimed costs.
REPORT DUE DATE
Request for Payment—Housing Report As funds are needed(original and three copies)
Housing Recipient Quarterly Performance Report 15th of the month following the end of each quarter of
—Activity Status the Contract(original and one copy)
Final Request for Payment—Housing Report Within 60 days of Contract End Date
Final Housing Recipient Quarterly Performance Report Within 60 days of Contract End Date
—Activity Status
Section 3 Report Within 60 days of Contract End Date
Updates to the Applicant/Recipient Disclosure Report As needed due to changes
Audit Report Within 30 days of Audit Completion
The Department reserves the right to require more frequent submission of the Housing Recipient Quarterly Performance
Report—Activity Status than as shown above if,in the opinion of the Department,more frequent submissions would help
improve the Recipient's CDBG Housing Fund program.
(c) RECORDS. The Recipient shall maintain books,records,documents and other evidence pertaining to all costs
and expenses incurred and revenues received under this Contract in sufficient detail to reflect all costs,direct and indirect,
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of labor,materials,equipment,supplies,services and other costs and expenses of whatever nature, for which payment is
claimed under this Contract. The Recipient shall maintain books,records and documents in sufficient detail to demonstrate
compliance with the Contract and shall maintain these materials for a period of five(5)years beyond the date upon which
the final audit of the Activity is accepted by IDED. Records for non-expendable property acquired under this Contract
shall be retained for a five(5)year period after the final disposition of property. Records shall be retained beyond the
prescribed period if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by
the records. In these instances,the records shall be retained until the litigation, audit or claim has been finally resolved.
(d) ACCESS TO RECORDS/INSPECTIONS. The Recipient shall,without prior notice and at any time,permit
HUD or its representatives,the General Accounting Office or its representatives,and the Department,its representatives or
the State Auditor to examine, audit and/or copy(i)any plans and work details pertaining to the Activity, (ii)all of the
Recipient's books,records and accounts,and(iii)all other documentation or materials related to this Grant;the Recipient
shall provide proper facilities for making such examination and/or inspection.
(e) USE OF GRANT FUNDS. The Recipient shall expend funds received under the Grant only for the purposes and
activities described in its Housing Fund Application,this Contract and as approved by the Department.
(f) DOCUMENTATION. The Recipient shall deliver to IDED, upon request, (i) copies of all contracts or
agreements relating to the Activity,(ii)invoices,receipts,statements or vouchers relating to the Activity,(iii)a list of all
unpaid bills for labor and materials in connection with the Activity, and(iv) budgets and revisions showing estimated
Activity costs and funds required at any given time to complete and pay for the Activity.
(g) NOTICE OF PROCEEDINGS. The Recipient shall promptly notify IDED of the initiation of any claims,
lawsuits or proceedings brought against the Recipient.
(h) INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Department, its officers and
employees from and against any and all losses in connection with the Activity.
(i) NOTICE TO DEPARTMENT. In the event the Recipient becomes aware of any material alteration in the
Activity, initiation of any investigation or proceeding involving the Activity,or any other similar occurrence,the Recipient
shall promptly notify the Department.
(j) CERTIFICATIONS. The Recipient certifies and assures that the Activity will be conducted and administered in
compliance with all applicable Federal and State laws, regulations and orders. Certain statutes are expressly made
applicable to activities assisted under the Act by the Act itself,while other laws not referred to in the Act may be applicable
to such activities by their own terms. The Recipient certifies and assures compliance with the applicable orders,laws and
implementing regulations, including but not limited to,the following:
(i) Financial Management guidelines issued by the U.S.Office of Management and Budget,OMB Circular
A-133 ("Single Audit Act Amendment of 1996"), OMB Circular A-122 ("Cost Principles for Nonprofit
Organizations"),OMB Circular A-87("Principles for Determining Costs Applicable to Grants and Contracts with
State,Local and Federally recognized Indian Tribal Governments").
(ii) Title I of the Housing and Community Development Act of 1974 as amended(42 U.S.C.5301 et seq.);
and regulations which implement these laws.
(iii) Title VI of the Civil Rights Act of 1964 as amended(Public Law 88-352;42 U.S.C.2000d et seq.);
Title VIII of the Civil Rights Act of 1968 as amended(Public Law 90-284;42 U.S.C. 3601 et seq.);the Iowa
Civil Rights Act of 1965;Iowa Code Section 19B.7,and Executive Order#34,dated July 22, 1988;Iowa Code
Chapter 216,Presidential Executive Order 11063,as amended by Executive Order 12259;Presidential Executive
Order 11246,as amended;Section•504 of the Rehabilitation Act of 1973 as amended(29 U.S.C.794);the Age
Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as
applicable,(P.L. 101-336,42 U.S.C. 12101-12213);and related Civil Rights and Equal Opportunity statutes;and
regulations which implement these laws.
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(iv) Fair Housing Act,Public Law 90-284. The Fair Housing Act is part of Title VIII of the Civil Rights
Act of 1968 as amended(42 U.S.C. 3601 et seq.); Section 109 of the Title I of the Housing and Community
Development Act of 1974, as amended; Section 3 of the Housing and Urban Development Act of 1968 as
amended(12 U.S.C. 1701u);and regulations which implement these laws.
(v) Department of Housing and Urban Development regulations governing the CDBG program,24 Code of
Federal Regulations,Part 570.
(vi) Section 102 of the Department of Housing and Urban Development Reform Act of 1989
(P.L. 101-235),and implementing regulations.
(vii) Requirements for the Notification,Evaluation,and Reduction of Lead-Based Paint Hazards in Federally
Owned Residential Property and Housing Receiving Federal Assistance;Final Rule(24 CFR Part 35,et al.).
(viii) Davis-Bacon Act,as amended(40 U.S.C.276a-276a-5),where applicable under Section 110 of the
Housing and Community Development Act of 1974,as amended;Contract Work Hours and Safety Standards Act
(40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defense
Reauthorization Act of 1986;and regulations which implement these laws.
(ix) National Environmental Policy Act of 1969 and implementing regulations.
(x) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
(URA)(42 U.S.C.4601 -4655)and implementing regulations;Section 104(d)of the Housing and Community
Development Act of 1974, as amended, governing the residential anti-displacement and relocation assistance
plan;and Section 105(a)(11)of the Housing and Community Development Act of 1974,as amended,governing
optional relocation assistance.
(xi) Housing Fund Administrative rules adopted by the Iowa Department of Economic Development,261
Iowa Administrative Code,Chapter 25.
(xii) Financial and Program Management guidelines issued by the Iowa Department of Economic
Development; the Iowa Housing Fund Management Guide;the IDED Audit Guide.
(xiii) Government-wide Restriction on Lobbying Certification [Section 319 of Public Law 101-121] and
implementing regulations.
(xiv) Fair Labor Standards Act and implementing regulations.
(xv) Hatch Act (regarding political partisan activity and federally funded activities) and implementing
regulations.
(xvi) Citizen participation,hearing and access to information requirements found under sections 104(a)(2)
and 104(a)(3)of Title I of the Housing and Community Development Act of 1974,as amended.
(xvii) Subsection 104(1)of Title I of the Housing and Community Development Act of 1974,as amended,
regarding the prohibition of the use of excessive force in nonviolent civil rights demonstrations and the
enforcement of state and local laws on barring entrance to or exit from facilities subject to such demonstrations.
(xviii) Drug-Free Workplace Act.
(k) MAINTENANCE OF ACTIVITY PROPERTY AND INSURANCE. The following provision shall apply to
Activity Number(s) . The Recipient and any sub-recipient shall maintain the property in good repair and condition,
ordinary wear and tear excepted,and shall not suffer or commit waste or damage upon the property. At the Department's
request, the Recipient or sub-recipient shall pay for and maintain insurance as is customary in their industry. This
insurance shall be in an amount not less than the full insurable value of the property. The sub-recipient shall name the
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Recipient and Department as a mortgagee and/or an additional loss payee,as appropriate,and the Recipient shall name the
Department as a mortgagee and/or an additional loss payee, as appropriate, and submit copies of the policies to the
Department.
8.2 NEGATIVE COVENANTS. During the Contract term the Recipient covenants with IDED that it shall not,without the
prior written disclosure to and prior written consent of IDED,directly or indirectly:
(a) ASSIGNMENT. Assign its rights and responsibilities under this Contract.
(b) ADMINISTRATION. Discontinue administration activities under the Contract.
ARTICLE 9
DEFAULT AND REMEDIES
9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Contract:
(a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or
furnished to the Department by,or on behalf of the Recipient in connection with this Contract or to induce the Department
to make a grant to the Recipient shall be determined by the Department to be incorrect, false,misleading or erroneous in
any material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty
(30)days after written notice by the Department is given to the Recipient.
(b) NONCOMPLIANCE. If there is a failure by the Recipient to comply with any of the covenants, terms or
conditions contained in this Contract.
(c) CONTRACT END DATE. If the Activity,in the sole judgment of the Department,is not completed on or before
the Contract End Date.
(d) MISSPENDING. If the Recipient expends Grant proceeds for purposes not described in the Housing Fund
Application,this Contract,or as authorized by the Department.
(e) INSURANCE. If loss,theft,damage,or destruction of any substantial portion of the property of the Recipient
occurs for which there is either no insurance coverage or for which,in the opinion of the Department,there is insufficient
insurance coverage. This provision shall apply to Activity Number(s).
9.2 NOTICE OF DEFAULT. In the event of default,IDED shall issue a written notice of default providing therein a fifteen
(15) day period in which the Recipient shall have an opportunity to cure,provided that cure is possible and feasible.
9.3 REMEDIES UPON DEFAULT. If,after opportunity to cure,the default remains,IDED shall have the right,in addition
to any rights and remedies available to it,to do one or more of the following:
(a) exercise any remedy provided by law,
(b) require immediate repayment of up to the full amount of funds disbursed to the Recipient under this Contract, plus
interest.
9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Recipient is determined by the Department to be in default
of this Contract due to meeting less than one hundred percent(100%)of its Performance Targets,the Department may require full
Grant repayment or,at its discretion,the Department may require partial repayment of Grant proceeds which allows partial credit for
the performance targets which have been met,or the Department may require other remedies that the Department determines to be
appropriate. Performance targets include income targeting and affordability requirements as required in 261 Administrative Rule
Section 25.4(1).
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ARTICLE 10
INCORPORATED DOCUMENTS
10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Recipient shall comply with the terms and conditions of the
following documents that are hereby incorporated by reference:
1. Attachment A, "Program Description and Budget."
2. Attachment B, "Approved HMGP Application."
3. Attachment C, "CDBG Program General Provisions,"dated March 28,2008.
4. Attachment D,"CDBG Program Waivers for the Supplemental Appropriations Act of 2008(P.L. 110-252)."
10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this Contract,the following order of priority
shall govern:
1. Articles 1 through 11 herein.
2. Attachment C, "CDBG Program General Provisions,"dated March 28,2008.
3. Attachment A, "Program Description and Budget."
4. Attachment B, "HMGP Application."
5. Attachment D,"CDBG Program Waivers for the Supplemental Appropriations Act of 2008(P.L. 110-252)."
ARTICLE 11
MISCELLANEOUS
11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Recipient shall request funds only as needed and shall not have more
than five hundred dollars($500.00)of Grant proceeds,including earned interest on hand for a period of longer than ten(10)working
days,after which time any surplus amount shall be returned to the Department.
11.2 BINDING EFFECT. This Contract shall be binding upon and shall inure to the benefit of the Department and Recipient
and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments,
waivers,agreements,terms,provisions,and conditions of this Contract shall be jointly and severally enforceable against the parties
to this Contract.
11.3 SURVIVAL OF CONTRACT. If any portion of this Contract is held to be invalid or unenforceable,the remainder shall
be valid and enforceable. The provisions of this Contract shall survive the execution of all instruments herein mentioned and shall
continue in full force until the Activity is completed as determined by the Department.
11.4 GOVERNING LAW. This Contract shall be interpreted in accordance with the laws of the State of Iowa,and any action
relating to the Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for
the Southern District of Iowa.
11.5 NOTICES. Whenever this Contract requires or permits any notice or written request by one party to another,it shall be in
writing, enclosed in an envelope,addressed to the party to be notified at the address heretofore stated(or at such other address as
may have been designated by written notice),properly stamped,sealed and deposited in the United States Mail. Any such notice
given hereunder shall be deemed delivered upon the earlier of actual receipt or two(2)business days after posting. The Department
may rely on the address of the Recipient set forth heretofore,as modified from time to time,as being the address of the Recipient.
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11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the
same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall
operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise
thereof or the exercise of any other right or remedy.
11.7 LIMITATION. It is agreed by the Recipient that the Department shall not, under any circumstances, be obligated
_financially under this Contract except to disburse funds according to the terms of the Contract.
11.8 HEADINGS. The headings in this Contract are intended solely for convenience of reference and shall be given no effect in
the construction and interpretation of this Contract.
11.9 INTEGRATION. This Contract contains the entire understanding between the Recipient and the Department and any
representations that may have been made before or after the signing of this Contract,which are not contained herein,are nonbinding,
void and of no effect. None of the parties has relied on any such prior representation in entering into this Contract.
11.10 COUNTERPARTS. This Contract may be executed in any number of counterparts,each of which shall be deemed to be
an original,but all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF,the parties have executed this Contract as of the Contract Effective Date first stated.
RECIPIENT: City of Waterloo
BY:
Mayor Typed or Printed Name and T. e
City of Waterloo
City Hall-715 Mulberry St.
Waterloo, IA 50703
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT:
BY:
Timothy R. Waddell,Division Administrator
Document Prepared By: Pat Roberts HMGP for Property Acquisition Match Contract
Format Approved July 2009
IOWA CDBG DISASTER RECOVERY FUND PROGRAM DESCRIPTION & BUDGET
ATTACHMENT A DATE: July 15,2009
Name of Recipient: City of Waterloo Pr001 X
i -
Contract Number: 08-DRMH-046 Robets
A,.0.4r01.04ANO. RHgii
Activity 1: 1 Acquisition. Provide the 15%local match required
for a recent grant from the U.S. Department of Homeland
Security's Federal Emergency Management Agency for As administered by IHSEMD Urgent Need $857,352
acquisition of flood damaged properties.
GENERAL ADMINISTRATION 181 $0
TOTAL BUDGET: $857,352
G:\BCF\Recipients\Cdbg12008\2008 DRMH\Waterloo-DRMI-112008 Disaster Recovery Attach A-Waterloo
U.S.Department of Homeland Security
Region VII
9221 Ward Parkway,Su[te 300
Kancas City,MO 64114-3372
1:�e1�ry
r
FEMA
July 15, 2009
Mr. David Miller,Administrator
Iowa Homeland Security and
Emergency Management Division
7105 NW 70th Ave.
Camp Dodge,Bldg. W-4
Johnston, IA 50131
Re: FEMA-DR-1763-IA Hazard Mitigation Grant Program(HMGP)Approval with Conditions
Acquisition and Demolition of 88 Residential Properties
Subapplicant: City of Waterloo
Project#: 0046
Dear Mr. Miller:
We are pleased to notify you that the U.S.Department of Homeland Security's Federal Emergency
Management Agency(FEMA)has granted approval for your application submitted by the City of
Waterloo. Federal funds will be released to the State in the amount of$4,286,751. The non-federal
match requirement of$1,428,918 will be provided through non-federal funding.
An exception to the local planning requirement for Waterloo was granted by FEMA on May 12, 2009.
This exception allowed the city to pursue HMGP funds for eligible mitigation projects. A stipulation of
this planning exception is the completion of a FEMA approved local mitigation plan within 12 months
of the initial project grant award. With the approval of this project award the local mitigation plan must
be adopted and FEMA approved within twelve months from the date of this approval,or the project
grant will be terminated and all incurred costs after termination will not be eligible for reimbursement.
A Memorandum of Understanding (MOA)is being developed by FEMA to mitigate adverse affects
from demolition of historic structures identified in the enclosed Section 106 review. No historic
structures may be demolished until the MOA is ratified and the specific conditions of the MOA have
been met.
Some of the demolitions occur in archeologically sensitive areas, and monitoring by an archeologist
who meets the Secretary of the Interior Professional Qualification Standards
(http://www.nps.gov/history/local-law/arch studs 9.htm) is required(the Iowa State Historic Society
maintains a list of archeological consultants here—http://www.iowahistory.org/historic-
preservation/technical-assistance/archaeological-and-historical-consultants.html). If potentially
significant prehistoric or historic artifacts or features are encountered, IHSEMD, FEMA, State
Historical Society of Iowa, and the University of Iowa Office of State Archeologist will be notified
immediately.
www.fema.gov
Mr. Miller
Page 2
Consultation may stipulate(but may not be limited to) the following tasks;making a representative
collection of artifacts,completion of an archeological site registration form,documentation including
photography, drawings,mapping and fieldwork narrative, artifact processing,cataloging and curation,
and reports. All archeological investigations and the reports of investigations will be consistent with
the guidance provided in The Guidelines for Archeological Investigations in Iowa(1999).
In the event that human remains are uncovered work in the vicinity of the find will halt immediately
and the area will be secured. Under legislation provided in the Code of Iowa, Chapter 263B
(http;//www,uiowa.edu/Losa/burials/statutes.htm)the Office of the State Archaeologist Burials Program
(http:/(www.uiowa.edu/Iosa/burials/index.html)must be notified immediately. IHSEMD/FEMA/SHPO
are also to be contacted through the proper channels. Exposed burials or other human remains are to be
treated with sensitivity and respect.
The activity completion timeframe for this project is 36 months from the date of this approval letter.
This timeframe is based on the understanding that the local mitigation plan will be adopted and FEMA
approved within twelve months from this project approval. Therefore,all activities must be complete
prior to the expiration of the activity completion timeframe. If the subgrantee is unable to complete the
project within the approved timefrune,the subgrantee, through the grantee,must submit a formal
written request for a time extension with justification to the Regional Administrator. The request must
be received by FEMA no later than.60 days prior to the expiration of the activity completion timeframe.
Failure to submit timely and complete extension requests will result in a de-obligation of any funds not
disbursed by the grantee within the approved activity completion timefirame.
Quarterly progress reports for HMGP projects are required. Please include this HMGP project in your
future quarterly reports.
A change to the approved statement of work(SOW)requires prior approval from FEMA. The National
Environmental Policy Act(NEPA)stipulates that additions or amendments to a HMGP Subgrantee
statement of work(SOW)shall be reviewed by all state and federal agencies participating in the NEPA
process. NEPA sign-off for all SOW additions or amendments is essential before the revised SOW can be
approved by FEMA or implemented by the HMGP Subgrantee. Please find enclosed correspondence
regarding the review conducted under Section 106 of the National Historic Preservation Act.
If you have any questions concerning this correspondence,please contact Julie Silvers, Senior Hazard
Mitigation Assistance Specialist, at(816)283-7959 or Kathy Strange, Chief,Hazard Mitigation
Assistance Branch, at(816)283-7033.
Sincerely,
Robert G. Bissell, Director
Mitigation Division
Enclosure: Review under Section 106 of the National Historic Preservation Act for properties in
Waterloo eligible for Acquisition/Demolition under Section 404 of the Stafford Act
•
DR-1763 HMGP Application
Iowa Homeland Security& Emergency Management
7105 NW 70th Ave
Camp Dodge, Bldg. W4
Johnston, IA 50131
Hazard Mitigation Grant Program (HMGP)
Property Acquisition Project Application for DR-1763
What is the Hazard Mitigation Grant Program?
Authorized under Section 404 of the Stafford Act, the Hazard Mitigation Grant Program(HMGP)is funded by the Federal
Emergency Management Agency(FEMA)to provide grants to State and local governments to implement long-term mitigation
measures after a major disaster declaration. The purpose of the program is to reduce loss of life and property resulting from
natural disasters and to enable mitigation measures to be implemented during the recovery from a disaster.
Mitigation Project Requirements:
1) Project must conform to Iowa's Hazard Mitigation Plan. To review the State of Iowa's Hazard Mitigation Plan,follow the link:
http://www.iowahomelandsecurity.org/Partners/CountyCoordinators/Planning/tabid/1 o8/Default.aspx.
2)Applicant must have a FEMA-approved Local Hazard Mitigation Plan,and the project must conform to the local plan.
3) Project must provide a beneficial impact on the disaster area(i.e.the State of Iowa).
4) Project must undergo environmental and historic preservation review process to ensure compliance.
5) Project must solve a problem independently or constitute a functional portion of a solution,which as a whole will be
completed.
6) City/County must be NFIP compliant and a participant in good standing, if required.
7) Project must be cost-effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a
major disaster.
Benefit-Cost Analysis:
Projects funded by the HMGP must be cost-effective. To determine cost-effectiveness applicants must use FEMA's Riverine
Full Data Module from either the Mitigation BCA Toolkit Version 3.0(July 2006)or the new Benefit Cost Analysis Resource Kit
Version 4.0 (Sept. 2008). You may order the FEMA BCA Toolkit or Resource Kit through FEMA's Technical Assistance
Helpline. The Helpline can be reached from 9 am-5 pm (ET), Monday through Friday,toll-free at 1-866-222-3580 or by e-mail
at bchelpline@dhs.gov. This application may require a BCA to be performed.
Completing the HMGP Application:
This application will enable you to compete in the state-wide competitive"post disaster"Hazard Mitigation Grant Program. This
application is designed to capture the necessary information to meet program requirements. Applicants are encouraged to
take ample time, read through the questions carefully, and complete each of the sections. This will enable you to move through
the application process most efficiently. An applicant handbook accompanies this application. This handbook was designed to
answer many application questions and guide you through the application process.
Project Applications must be completed in this MS Excel format and emailed to: hsemd.mitigation@iowa.gov. Save as
"Applicant Name, HMGP Prop Acq Appl."The Benefit Cost Analysis module(s)also must be emailed with the submission.
Your State Mitigation Project Officer will work with you to ensure your application is correct and complete,which may require
multiple revisions. When you and your State Mitigation Project Officer deem your application packet to be correct and
complete, mail 2 paper copies of the final application packet, including the final project BCA and all required attachments and
supporting documentation, to:
Iowa Homeland Security and Emergency Management(HSEMD)
Attn: Mitigation Section
7105 NW 70th Avenue
Camp Dodge Bldg W-4
Johnston, Iowa 50131
Tab A
Property Acquisition Proiect Application (:itv of Watarinn _._
DR-1763 HMGP Application
I. Applicant Information
A.Applicant/Community Name B.Address City,State,Zip Code
City of Waterloo 715 Mulberry Street Waterloo, IA 50701
C. Point of Contact(POC) Name
for Project POC Title POC Agency POC Email
Aric Schroeder C1y Planner City of Waterloo aric.schroederpwaterloo-ia.org
POC PO Box and Zip Code POC Street Address POC City,State and ZIP POC Phone
N/A 715 Mulberry Street Waterloo, IA 50703 (319)291-4366
Alternate Point of Contact
Name (or Authorized Rep) Alt POC Title Alt POC Agency Alt POC Email
Mark Boesen Rehabilitation City of Waterloo mark.boesen@waterloo-ia.orq
!1 �
Alt POC PO Box and Zip Code I Alt POC Street Address Alt POC City,State and ZIP Alt POC Phone
N/A 620 Mulberry Street Waterloo, IA 50703 (319)291-4429
D.Federal Tax ID#f FEIN E. DUNS Number F. FIPS Code
42-6005327 07-584-1684 013-82425-00
G.County Name H. US Congressional District(s)
H. State Legislative Districts
Senate House
Black Hawk 1 11 22
I.Descriptive Project Title
2008 City of Waterloo Property Acquisition Project
J. Description of Project Location(i.e., Neighborhood,Subdivision,Geographic Boundaries, Directions,etc.)
The project consists of three areas, including: 1)the Sans Souci Island area along Sans Souci Drive north of West Conger
Street,2)the Riverside area, bordered by the Cedar River to the west and north, Riverside drive to the east, and Riehl Street to
the south, and 3)the Sherwood Park area, bounded by North Hackett Road to the west, the Cedar River to the north and east,
and Rainbow Drive to the south.
II. Detailed Project Description
A. Describe the problem to be mitigated:
This project will mitigate future flood losses in the Sans Souci, Riverside and Sherwood Park neighborhoods of the City of
Waterloo,which are low-lying flood-prone residential areas not protected by the City of Waterloo flood control system.
Following heavy rain events and spring snowmelts after a heavy winter, roads must be closed to traffic(including mail carriers,
school buses, and most emergency response vehicles), leaving no or limited access to the homes. Many of the residents
experience regular flooding, of which some has been severe in the last 15 years. Major flooding events have occurred on the
following dates: April 1933, June 1947,April 1951,June 1954, March/April 1961, March/April 1962,April 1965, June 1969,
April-June 1993 , July 1999, and June 2008.
Tab A
Property Acquisition Project Application City of Waterloo Pace 2
DR-1763 HMGP Application
B. Scope of Work Summary
Provide a brief description of the proposed project and work to be accomplished.
The City will acquire 74 parcels in the Sans Souci, Riverside and Sherwood Park areas. Of the 74 parcels,26 parcels have
owner-occupied structures,6 parcels have a total of 9 rental structures(two rental structures were vacant),8 parcels have
vacant structures, 1 parcel has a secondary structure, 5 parcels with detached garages and 28 vacant parcels. All properties
are in the Zone A 100-year floodplain and all homes have been declared substantially damaged. This project will alleviate the
continued repair costs to the City and residents, as well as the need for government services to this area. This project will
allow these areas to be returned to open space use in the floodplain. It is anticipated that 14 properties will be demolished
using NFIP ICC funds and 27 will be demolished using PA. 19 properties that have garages on vacant lots will also be
demolished using PA funds.
C. Mitigation Plan Information
1. Title of Applicant/Community's Local Hazard Mitigation Plan:
City of Waterloo Hazard Mitigation Plan. The plan is set to expire on 03/05/09 and Waterloo is currently undergoing a process
to update the plan, but attached is a letter requesting a waiver due to extraordinary circumstances.
2a.Mitigation strategy, measure(s),action,or objective that this proposed project will address:
Continue to identify, purchase, and remove structures and populations in danger of being flooded, which is Future Hazard
Mitigation Flood Activity#2 on page 108;Analysis of Mitigation Activities Flood Action Step#4 on page 144, and Plan •
Maintenance, Review and Amendment, Top Mitigation Priority#8 on page 183.
2b.Location in the Local Plan (section, page#,etc)where the mitigation measure(s),action,or objective is identified:
Future hazard Mitigation Activities, Floods,Activity#2, pg 108"Continue to identify, purchase, and remove structures and
populations in danger of being flooded"Analysis of Mitigation Activities, Flood,Action Step#4, pg 144"Continue to identify,
purchase,and remove structures and populations in danger of being flooded";and Plan Maintenance, Review and
Amendment, Top Mitigation Priorities#8, pg 183"Purchase and demolish structures in the floodplain(i.e. Litzgow Relocation
Project)(Short Term)".
3. How does the project conform to the State of Iowa and local mitigation goals? Explain:
This project conforms to the State and Local mitigation goals by seeking to remove property and people from the path of
repetitive and high risk flooding, converting the area to greenspace,and restoring the floodplain to its natural function.
D. Will the proposed mitigation measure provide an independent and long-term solution to the problem? Consider
anticipated long-term changes to the community.
Explain:
Yes
This proposed mitigation measure will provide an independent and long-term solution to the problem by permanently removing
the repetitively damaged and high risk properties from the flood-prone areas and converting the space to greenspace in
perpetuity. This project does not conflict with any long-term planning for the City of Waterloo.
E. How does the proposed mitigation measure address a repetitive problem or a problem that poses a significant risk to
public health and safety if left unresolved? Explain:
The project permanently removes the at-risk structures and people from frequently flooded areas. If left unresolved,these
areas will continue to flood, causing further structural damage and potential injury and illness to the residents. The area lies
within an identified and mapped floodplain and should be converted to greenspace to prevent further and future damage and
loss.
Tab A
Property Acquisition Prniart Annliratinn city of INatarinn
DR-1763 HMGP Application
F. How will the proposed mitigation measure substantially reduce future disaster losses,including the risk of future
damage, hardship. loss, and/or suffering? Explain:
The project eliminates the risk of property damage, personal injury, and loss of life by permanently removing the at-risk
structures and people from the floodplain. This will alleviate strains on the City budget following flood events and save
residents the financial and emotional ex,aense of repetitive flooding losses.
G. Will the community suffer severe detrimental impacts(loss of life,loss of essential services, damage to critical
facilities,economic hardship)if the proposed mitigation measure is not implemented? Explain:
Yes,the City often is unable to provide essential services, including emergency response, following some events because of
the impassable roads, leaving the residents stranded and properties not easily accessible until the waters recede.
H. Describe damages caused by previous and current disasters and their associated costs-use historical data.
March/April 1961 —heavy snow cover, rapid snow melt, and several rainfall events caused significant flooding cresting at
21.86', 9.86'above flood stage—no damage estimate available; Throughout 1993—13 recorded flood crests,with the highest
crest occurring in April at 20.6',8.6'above flood stage—no damage estimate available; July 1999—heavy rains led to flash
flooding and river flooding cresting at 20.78',8.78'above flood state—no damage estimate available; June 2008—spring
snow melt and rains produced saturated ground and high river levels when heavy rains in May and June lead to record flooding
cresting at 25.39', 13.39'above flood stage—total damages for Black Hawk County projected at over$54,000,000. There was
substantial damage to public utilities and infrastructure, and commercial and residential areas. Final damage estimates to be
determined.
I. Hazard to be Mitigated/Level of Protection
1.Select the type(s) of hazards the proposed project will mitigate:
Floods, Yes
2.Number of people and properties, including values,protected by project:
#of People 77
#of Residential Properties 74 Value of Residential Properties $4,648,200.00
#of Commercial Properties Value of Commercial Properties
#of Public Properties Value of Public Properties
#of Critical Facilities Value of Critical Facilities
Total#of Properties 74 Value of Public Infrastructure
TOTAL $4,648,200.00
3.Provide the level of protection that the proposed project will provide for the total number of properties. (E.g., "23
structures protected against the 100-year(1%)flood.")
44 Structure(s)protected against the 100 year flood.
4. The proposed project will provide protection against the specified hazard(s)for
100 years.
Please explain the methodology used to determine the useful life of the project.
A 100-year useful life is the FEMA Standard Value for property acquisition projects. The 74 residential properties includes 28
properties that are adjacent vacant lots and 41 properties with 44 homes,of which 32 homes were occupied as well as 5
parcels with garages.
III. Project Location
A. Use Tab C to list Individual Property Details
B. National Flood Insurance Program (NFIP)
1. Is the City/County participating in the NFIP? Yes
If"Yes", provide the following:
NFIP Community ID# 190025
2 Is the project located in a Special Flood Hazard Area? Yes
Tab A
Property Acquisition Project Application City of Waterloo Paae 4
DR-1763 HMGP Application
Based on the FIRM, indicate the flood zone(s)of the project site(s).Select all zones that apply to the project area.
A(no base flood elevation given) of •.licabl: C or X(unshaded) Not ••.Heabl> AE or A 1-30
Yes
AO or AH of A•.licabl: B or X(shaded) Not ••Iicabi> Floodway1 Yes
C. Attach the required Maps and Photographs
Attached (FIRM with project sites clearly indicated
Attached I City or county map with project sites clearly indicated
Attached IUSGS topographical map with project sites clearly indicated
Attached (Parcel map with project sites clearly indicated
Attached Overview photographs of entire project area
Attached (Labeled photographs showing all four(4)sides of each structure
Attached (Tax Assessor's card for each property
IV. Discussion of Project Alternatives-Proposed Project&2 Alternatives:
A. Project descriptions and impacts(both beneficial and detrimental): •
Do Nothing Alternative:
If nothing is done to alleviate the flooding problem, the area wit continue to sustain flood damages; resulting in further damage
to the structures, low property values, increased costs to the City,and continued loss of services.
Proposed Project:
This project provides for the City to acquire 41 residential properties with 44 homes on them, 28 vacant parcels,and 5 parcels
with detached garages permanently removing the structures from the floodplain. The area will be converted in perpetuity to
greenspace, restoring the floodplain to its natural function. The City will be saved repair costs resulting from clean-up and
eliminated services to the area. The loss of property taxes on these structures are less than the anticipated expenses for flood
damages. Many of the residents plan to relocate within the area.
Other Feasible Alternative(include estimated cost):
Elevation of the residential structures is an alternative to acquisition, but does not completely solve the problem. While the
structures and contents may be better protected from floodwaters, access issues and risk of personal injury and death remain.
Also, the elevation may not protect the structures and occupants from severe flood events. The estimated cost for elevating
the structures is around$30,000 per home, or$1,320,000. All structures are substantially damaged and repairs would have to
be made in order for structures to be considered structurally sound before elevation could take place, so there would be
additional costs for repairs that would have to be made before elevation could occur.
B. Justification for choosing the proposed project-discuss how the proposed project is the most practical,effective,
and environmentally sound alternative of the alternatives.
Elevation does not address the flooding problem as well as acquisition does. The structures and their inhabitants remain at
risk. The City would be required to maintain infrastructure and services to the area and possibly provide rescue in the event of
a severe flood event, which the City has experienced in the past. Acquisition allows for the floodplain to be restored to its
natural function and provides for an open space for the community. Furthermore, it relieves a strain on the City budget
following each event and allows the City to discontinue services to the area. Homeowners and other affected individuals will
not face regular disruptions in their lives. Lost property tax revenues are minimal when compared to continued expenses.
C, Describe how the proposed project best fits within the overall development plan for the community.
The acquisition project fits with the community's goal of creating more greenspace and recreational areas for residents and
visitors. Acquisition does not conflict with any other section of the Comprehensive Land Use Plan, and is consistent with the
Hazard Mitigation Plan,
Tab A
Property Acquisition Protect Application City of Waterloo p."
DR-1763 HMGP Application
D. Describe how the proposed project best fits within the overall multi-hazard mitigation plan for the community.
The acquisition project meets the plan's goals to: 1)"Minimize to the greatest possible extent the number of injuries and/or loss
of i:fe associated with all identified hazards",and 2)"Reduce or eliminate property damage due to the occurrence of disasters".
The project also meets the plan's mitigation Activity to"Continue to identify, purchase, and remove structures and populations
in danger of being flooded". These goals and mitigation measures will be included in the updated version of the plan as well
once it is completed.
V. Project Compliance Assurances
A. Code Compliance:
Will the project meet all applicable written codes and standards for the local jurisdiction?
(Attach a copy of the local codes and standards)
Building Yss Zoning Yes
Public Notification Yes Other Types
Identify necessary permits or variances/exemptions:
Building: Demolition Permit
Construction: N/A
Public Notifications: N/A
B. Required Consultations
This grant requires that the applicant consult with the United States Army Corps of Engineers and get concurrence that they
have no projects being considered or underway within the proposed project area.
Date of Coordination 1/6/2009
This grant requires that the applicant coordinate with the State Department of Transportation and get concurrence that they
have no projects being considered or underway that will affect the proposed project area.
Date of Coordination 1/15/2009
This grant requires that the applicant consult with Other Federal Agencies as appropriate regarding other program
requirements and/or activities as they relate to FEMA funding for the proposed project.
Date of Coordination N/A OFA(s) N/A
This project may require a floodplain permit, as determined by the community's floodplain ordinance.
Date of Permit/Coordination N/A
VI. Project Cost Information
A. Budget Line Items
Complete Tab D, Property Acquisition Budget
B. Estimated Project Cost Share
Include any budget source documents such as bid quotes/sheets, contractor's estim
Funding Sources Fundin Amount %of Total Cost X 1( / 7
Federal $4 286 751 75.00%
State $571 566 10.00%
Local $857 352 15.00%
Total Proposed Project Cost $5 715 669 100.00%
C.Cost Effectiveness Information
For Substantially Damaged Properties Located in the Floodplain:
Properties that meet the following criteria are considered cost-effective and are exempt from further benefit-costs analysis:
1) The property must be located in a FEMA-identified regulatory floodplain or floodway, and
2) The property must be declared substantially damaged by the local authority having such jurisdiction, in accordance with
criteria promulgated by the NFIP.
Tab A
Property Acquisition Project Application City of Waterloo Page 6
DR-1763 HMGP Application
For All Other Properties:
Attach the Benefit Cost Analysis(BCA)for this project and all supporting data and documentation used to determine the BCA.
For acquisition projects, BCAs must be done for all properties and an aggregate BCA done for the project as a whole.To
calculate project benefits correctly, make certain that the total project cost includes all costs associated with each property.To
calculate the aggregate BCA for the project as a whole, using the figures from the BCA module, insert below(A)the sum of
calculated project benefits for all properties and (B)the sum of project cost estimates for all properties. Then divide A by B for
the aggregate Benefit Cost Ratio and insert that figure below.
Net Present Value of Project Benefits (A) N/A
Total Project Cost Estimate(B) N/A
Benefit Cost Ratio for the entire project(NB) N/A
VII. Work Schedule
A. List the major milestones for this project:
Task Months from Award Responsible Party
Start Complete
Receive grant agreement from HSEMD
Confirm intent to 0 2 HSEMD,Authorized representative
participate in project with
Project manager,property owners
homeowners 1 3
Section 106 process-historic review Project manager,HSEiv1D,FEMA,SHPO--
2 31
Perform title searches,draft closing documents, Project manager,city staff,attorney,FEMA,
duplication of benefits review 2 27 HSEMD
Acquire property from homeowners-legal and Project manager,authorized representative,
closing activities related to purchase of property attorney,city staff,property owner
4 29
Record deed restrictions Project manager,authorized representative,
6 33 city staff
Bid contracts for demolition and debris removal Project manager,authorized representative,
5 28 city staff
Award contract from demolition and debris removal Project manager,authorized representative,
6 28 city staff
Demolish acquired structures,remove debris, Demolition/debris contractor
cap/remove utilities,stabilize soil 7 32
Project closeout activities HSEMD,project manager,authorized
33 36 representative,city staff,FEMA
Total Duration 36 Months
B. Provide maintenance schedule for the useful life of the project and estimated annual maintenance costs:
Once acquired, these properties will be maintained in perpetuity as greenspace in accordance with 44 CFR. Routine
maintenance will include grass cutting, trash removal, and maintaining the general appearance and use of the space. Average
annual maintenance costs are projected to be$10,000. The City of Waterloo assumes all responsibility and costs associated
with the described maintenance.
Tab A
Prnnprtv Armiicitinn Prnior4 4nnlie-,tl.,n
DR-1763 HMGP Application
VIII. List of Tabs: Following is a list of the corresponding tabs in this workbook.
Tab B Scope of Work
Tab C Property Data Sheet
Tab D Budget
Tab E Environmental and Historic Preservation Information
Tab F State of Iowa W-9 Form
Tab G Request for Federal Assistance(SF-424)
. Tab H Assurances and Certifications(FF 20-16)
Tab H-2 Construction Assurances(FF 20-16B)
Tab H-3 Drug-Free Workplace(FF 20-16C)
Tab H-4 Lobbying Activities Disclosure(SF LLL)
Tab I Statement of Assurances for Property Acquisition Projects
Tab J Authorized Representative Designation
Tab K Local Match Resolution
Tab L Statement of Voluntary Transaction for Property Acquisition Projects
Tab M Model Deed Restriction
Tab N State of Iowa Minority Impact Statement
Tab 0 Benefit-Cost Analysis-If Applicable
Note: If required,the BCA must be submitted in both electronic and hard cop
Tab P Listing of Attachments
IX.Certifications
To the best of my knowledge and belief I certify that all data in this application packet is complete, true, and correct. The
governing body of the applicant has duly authorized this document and hereby applies for assistance as documented in this
application. The applicant understands that the project shall not proceed until FEMA approval is granted.
Signature of Chief Executive Officer Signature of Authorized Representative
Tim Hurley Aric Schroeder
Name of Chief Executive Officer Name of Authorized Representative
Mayor City Planner
Title Title
City of Waterloo City of Waterloo
Organization Organization
1/20/2009 1/20/2009
Date Date
(319)291-4301 715 Mulberry Street
Phone Number PO Box#/Street Address
Waterloo, IA 50703
City, State and Zip
(319)291-4366
Phone Number
aric.schroeder@waterloo-ia.org
Email Address
Tab A
Property Acquisition Proiect Application City of Watarinn o R
ATTACHMENT C
GENERAL PROVISIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOUSING FUND
March 28,2008
1.0 AMENDMENT.
(a) WRITING REQUIRED. The Contract may only be amended through written prior approval of IDED. Examples of situations
where amendments are required include extensions for completion of Activities,changes to the Activities including,but not limited
to,alteration of existing approved Activities and Performance Target Goals or inclusion of new Activities.
(b) UNILATERAL MODIFICATION. Notwithstanding Paragraph(a)above,IDED may unilaterally modify the Contract at will in
order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable Federal,State or local
laws,regulations,rules or policies. A copy of such unilateral modification will be given to the Recipient as an amendment to this
Contract.
(c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's
original funding decision on the Activity. An amendment will be denied if it substantially alters the circumstances under which the
Activity funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code,
Chapter 25.
2.0 AUDIT REQUIREMENTS.
(a) SINGLE AUDIT. The Recipient shall ensure that an audit is performed in accordance with the Single Audit Act Amendment of
1996 and OMB Circular A-133,as applicable,the IDED's administrative rules for the Housing Fund(261 Iowa Administrative
Code Chapter 25),and the Housing Fund Management Guide.
(b) ADDITIONAL AUDIT. As a condition of the grant to the Recipient,IDED reserves the right to require the Recipient to submit
to a post Activity completion audit and review in addition to the audit required above.
3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Recipient shall comply with all applicable State and Federal laws,rules,
ordinances,regulations and orders.
4.0 UNALLOWABLE COSTS. If IDED determines at any time,whether through monitoring,audit,closeout procedures or by other
means or process that the Recipient has expended funds which are unallowable,the Recipient will be notified of the questioned costs
and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any
• determinations will be handled in accordance with the provisions of Chapter 17A,Iowa Code. If it is IDED's final determination that
costs previously paid by the IDED are unallowable under the terms of the Contract,the expenditures will be disallowed and the
Recipient shall repay to IDED any and all disallowed costs.
5.0 PROGRAM INCOME. All program income as defined in OMB Circular A-102 and 261 Iowa Administrative Code,Chapter 25,shall
be added to the Activity Budget and used to further eligible Activity objectives as defined in the Contract and the Scope of Work in the
Housing Fund Application for funding. Program income received after the Contract End Date shall be returned to IDED,or may be
used in another CDBG Contract that is"open"when the Program Income is received. Proceeds totaling less than$25,000 from any
CDBG Contract or Contracts received in one year would not be considered Program Income.
6.0 INTEREST EARNED. To the extent that interest is earned on advances of CDBG funds,this interest shall be returned to IDED,
except that the Recipient may keep interest amounts of up to$100 per year for administrative expenses.
7.0 SUSPENSION. When the Recipient has failed to comply with the Contract,award conditions or standards,IDED may,on reasonable
notice to the Recipient,suspend the Contract and withhold future payments,or prohibit the Recipient from incurring additional
obligations of CDBG funds. Suspension may continue until the Recipient completes the corrective action as required by IDED. IDED
may allow such necessary and proper costs which the Recipient could not reasonably avoid during the period of suspension provided
IDED concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB Circular A-87.
8.0 TERMINATION.
(a) FOR CAUSE. IDED may terminate the Contract in whole,or in part,whenever IDED determines that the Recipient has failed to
comply with the terms and conditions of the Contract.
•
CDBG Contract Number 08-DRMH-046
Page 2 of 4
(b) FOR CONVENIENCE. IDED,the Recipient may terminate the Contract in whole,or in part,when all parties agree that the
continuation of the Activity would not produce beneficial results commensurate with the future disbursement of funds.
(c) DUE TO REDUCTION OR TERMINATION OF CDBG FUNDING. At the discretion of IDED,the Contract may be
terminated in whole,or in part,if there is a reduction or termination of CDBG funds to the State.
9.0 PROCEDURES UPON TERMINATION.
(a) NOTICE. IDED shall provide written notice to the Recipient of the decision to terminate,the reason(s)for the termination,and
the effective date of the termination. If there is a partial termination due to a reduction in funding,the notice will set forth the
change in funding and the changes in the approved budget. The Recipient shall not incur new obligations beyond the effective date
and shall cancel as many outstanding obligations as possible. IDED's share of noncancellable obligations which IDED determines
were properly incurred prior to notice of cancellation will be allowable costs.
(b) RIGHTS IN PRODUCTS. All finished and unfinished documents,data,reports,or other material prepared by the Recipient
under the Contract shall,at IDED option,become the property of IDED.
(c) RETURN OF FUNDS. The Recipient shall return to IDED all unencumbered funds within one week of receipt of the notice of
termination. Any costs previously paid by IDED which are subsequently determined to be unallowable through audit,monitoring,
or closeout procedures shall be returned to IDED within thirty(30)days of the disallowance.
10.0 ENFORCEMENT EXPENSES. The Recipient shall pay upon demand any and all reasonable fees and expenses of the Department,
including the fees and expenses of their attorneys,experts and agents,in connection with the exercise or enforcement of any of the rights
of the Department under this Contract.
11.0 INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Department,its officers and employees,from and against
any and all losses,accruing or resulting from any and all claims subcontractors,laborers and any other person,firm or corporation
furnishing or supplying work,services,materials or supplies in connection with the performance of this Contract,and from any and all
claims and losses accruing or resulting to any person,firm or corporation who may be injured or damaged by the Recipient in the
performance of this Contract.
12.0 CONFLICT OF INTEREST.
(a) GENERAL. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs,no persons
identified in paragraph(b)below who exercise or have exercised any functions or responsibilities with respect to CDBG assisted
Activities or who are in a position to participate in a decision making process or gain inside information with regard to such
Activities, may obtain a personal or financial interest or benefit from a CDBG assisted Activity,or have an interest in any contract,
subcontract or agreement with respect thereto,or the proceeds thereunder,either for themselves or those with whom they have
family or business ties,during their tenure or for one year thereafter.
(b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee,agent,
consultant, officer,or elected or appointed official of the Recipient,or of any designated public agencies,or sub-recipients which
are receiving CDBG funds.
(c) CONFLICTS OF INTEREST. Chapter 68B,Code of Iowa,the"Iowa Public Officials Act,"shall be adhered to by the Recipient,
its officials and employees.
13.0 USE OF DEBARRED,SUSPENDED,OR INELIGIBLE CONTRACTORS OR SUB-RECIPIENTS. CDBG funds shall not be
used directly or indirectly to employ,award contracts to,or otherwise engage the service of,or fund any contractor or sub-recipient
during any period of debarment,suspension,or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable
law or regulation of the Department of Labor.
14.0 CIVIL RIGHTS.
(a) DISCRIMINATION IN EMPLOYMENT. The Recipient shall not discriminate against any qualified employee or applicant for
employment because of race,color,religion,sex,national origin,age,or physical or mental disability. The Recipient may take
affirmative action to ensure that applicants are employed and that employees are treated without regard to their race,color,religion,
sex, national origin,age,or disability. Such action shall include but may not be limited to the following:employment,upgrading,
CDBG Contract Number 08-DRMH-046
Page 3 of 4
demotion or transfers;recruitment or recruitment advertising;lay-off or termination;rates of pay or other forms of compensation;
and selection for training,including an apprenticeship. The Recipient agrees to post notices setting forth the provisions of the
nondiscrimination clause in conspicuous places so as to be available to employees.
(b) CONSIDERATION FOR EMPLOYMENT. The Recipient shall,in all solicitations or advertisements for employees placed by
or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,
color,religion,sex,national origin,age,disability,or familial status. Solicitation and Advertisement-The Recipient shall list all
suitable employment openings in the State Employment Service local offices.
(c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply with all relevant provisions of the Iowa
Civil Rights Act of 1965 as amended,Iowa Code Section 19B.7,Federal Executive Order 11246,as amended;Title VI of the U.S.
Civil Rights Act of 1964 as amended(42 U.S.C.Section 2000d et seq.),the Fair Labor Standards Act
(29 U.S.C.Section 201 et seq.),The Americans with Disabilities Act,as applicable,(P.L. 101-336,42 U.S.C. 12101-12213),
Section 504 of the Rehabilitation Act of 1973 as amended(29 U.S.C.Section 794),and the Age Discrimination Act of 1975 as
amended(42 U.S.C.Section 6101 et seq.). The Recipient will furnish all information and reports requested by the State of Iowa or
required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State
of Iowa to investigate compliance with these rules and regulations.
(d) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The Recipient certifies,to the
best of his or her knowledge and belief,that:
i) No Federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient,to any person for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress.
or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal
grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,
renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement.
ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency,a Member of Congress,an officer or employee,or an employee of a
Member of congress in connection with this Federal contract,grant,loan,or cooperative agreement,the Recipient shall
complete and submit Standard Form-LLL,"Disclosure Form to Report Federal Lobbying"in accordance with its instruction.
iii) The Recipient shall require that the language of this certification be included in the award documents for all subawards at all
tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all sub-
recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,
U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and
not more than$100,000 for each such failure.
(e) PROGRAM NONDISCRIMINATION. The Recipient shall conform with requirements of Title VI of the Civil Rights Act of
1964(42 U.S.C.2000d et seq.)and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United
States shall on the basis of race,color,national origin,sex or religion or religious affiliation be excluded from participation in, be
denied the benefits of,or be subjected to discrimination under any program or Activity funded in whole or in part with funds made
available through this Contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
1975(42 U.S.C.6101 et.seq.)or with respect to an otherwise qualified individual with a disability as provided in the Americans
with Disabilities Act,as applicable,(P.L. 101-336,42 U.S.C. 12101-12213)or Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. Section 794)shall also apply to any such program or Activity.
(f) FAIR HOUSING. The Recipient shall comply with Title VIII of the Civil Rights Act of 1968(42 U.S.C.3601 et seq.),generally
known as the Fair Housing Act,and with HUD regulations found at 24 CFR Part 107,issued in compliance with Federal Executive
Order 11063, as amended by Federal Executive Order 12259. The recipient shall also comply with Section 109,Title I of the
Housing and Community Development Act of 1974,as amended,
(g) SECTION 3 COMPLIANCE. The Recipient shall comply with provisions for training,employment,and contracting in
accordance with Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701 u).
CDBG Contract Number 08-DR'4H-0.6
Page 4 of 4
(h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Recipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the aforesaid rules,regulations,or requests,this Contract may be
canceled,terminated,or suspended either wholly or in part. In addition,the State of Iowa may take further action,imposing other
sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965(Chapter 216,Code of Iowa 2007)or
as otherwise provided by law.
(i) INCLUSION IN SUBCONTRACTS. The Recipient will include the provisions of the preceding paragraphs of Section 14 in
every subcontract unless exempt by the State of Iowa,and said provisions will be binding on each subcontractor. The Recipient
will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions
including sanctions for noncompliance. In the event the Recipient becomes involved in or is threatened by litigation with a
subcontractor or vendor as a result of such direction by the State of Iowa,the Recipient may request the State of Iowa to enter into
such litigation to protect the interests of the State of Iowa.
15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office. Neither the program nor the funds provided therefore,nor the personnel employed in the
administration of this Contract,shall be in any way or to any extent,engaged in the conduct of political activities in contravention of
The Hatch Act(5 U.S.C. 15).
16.0 LIMIT ON RECOVERY OF CAPITAL COSTS. The Recipient will not attempt to recover any capital costs of public improvements
assisted in whole or part under this Contract by assessing any amount against properties owned and occupied by persons of low and
moderate income,including any fee charged or assessment made as a condition of obtaining access to such public improvements,unless
(i)funds received under this Contract are used to pay the proportion of such fee or assessment that relates to the capital costs of such
public improvements that are financed from revenue sources other than under Title I of the Housing and Community Development Act
of 1974,as amended,or(ii)for purposes of assessing any amount against properties owned and occupied by persons of low and
moderate income who are not persons of very low income,the Recipient has certified to the Department that it lacks sufficient funds
received under Title I of the Housing and Community Development Act of 1974,as amended,to comply with the requirements of clause
(i)above.
1.0
•
Attachment D
52870 Federal Register/Vol. 73, No. 177/Thursday, September 11. 2008/Notices
to(202)395-6974.Comments must be Send written material to Teressa Kaas, Information on Services for Individuals
submitted on or before October 14, 16825 South Seton Avenue, With Disabilities
2006. Emmitsburg,Maryland 21727. For information on facilities or
FOR FURTHER INFORMATION CONTACT: Comments must be identified by Docket services for individuals with disabilities
Requests for additional information or ID FEMA-2008-0010 and may be or to request special assistance at the
copies of the information collection submitted by one of the following meeting,contact Teressa Kaas as soon as
should be made to Director,Records methods: possible.
Management Division,500 C Street, • Federal eRulemaking Portal:http:// Dated:September 5,2008.
SW.,Washington,DC 20472,Mail Drop www.regulations.gov.Follow the Denis G.Onieal,
Room 301,facsimile number(202)646— instructions for submitting comments.
3347,or e-mail address FEMA- Superintendent,National Fire Academy,U.S.
• E-mail:FEMA-RULES@dhs.gov. Fire Administration,Federal Emergency
Information-Collections@dhs.gov. Include Docket ID in the subject line of Management Agency.
Dated:September 5,2008 the message. [FR Doc.E8-21127 Filed 9-10-08;8:45 am)
John A.Sharetts-Sullivan,, • Fax:(866)466-5370. BILLING CODE 9110-17-P
Director,Records Management Division, • Mail:Teressa Kaas, 16825 South
Office of Management,Federal Emergency Seton Avenue,Emmitsburg,Maryland
Management Agency,Department of DEPARTMENT OF HOUSING AND
Homeland Security. 21727.
[FR Doc.E8-21136 Filed 9-10-08;8:45 am] Instructions:All submissions received URBAN DEVELOPMENT
BILLING CODE 9110-11-P must include the Docket ID for this [Docket No.FR-5250—N-01]
action.Comments received will be
posted without alteration at Allocations and Common Application
DEPARTMENT OF HOMELAND www.regulations.gov,including any and Reporting Waivers Granted to and
SECURITY personal information provided. Alternative Requirements for Midwest
Docket:For access to the docket to Flood Community Development Block
Federal Emergency Management read background documents or Grant(CDBG)Disaster Recovery
Agency Grantees Under the Supplemental
comments received by the National Fire Appropriations Act,2008
[Docket ID FEMA-2008-0010] Academy Board of Visitors,go to
http://www.regulations.gov. AGENCY:Office of the Secretary,HUD.
National Fire Academy Board of ACTION:Notice of allocations,waivers,- '
Visitors FOR FURTHER INFORMATION CONTACT:
Teressa Kaas,16825 South Seton and alternative requirements.
AGENCY:Federal Emergency Avenue,Emmitsburg,Maryland 21727,
Management Agency,DHS. SUMMARY:This Notice advises the public
g g cy telephone(301)447-1117,fax(301) of the initial allocation for grant funds
ACTION:Committee Management;Notice 447-1173,and e-mail for CDBG disaster recovery grants for
of Open Federal Advisory Committee teressa.kaas@dhs.gov. '
Meeting. the purpose of assisting in the recovery
SUPPLEMENTARY INFORMATION:Notice of in areas covered by a declaration of
SUMMARY:The National Fire Academy this meeting is given under the Federal major disaster under title IV of the
Board of Visitors will meet on October Advisory Committee Act,5 U.S.C.App. Robert T.Stafford Disaster Relief and
2-4,2008. (Pub.L.92-463).The National Fire Emergency Assistance Act(42 U.S.C.
DATES:The meeting will take place Academy Board of Visitors will be 5121 et seq.)as a result of recent natural
Thursday,October 2, 2008,from 8:30 holding a meeting for purposes of disasters.As described in the
a.m.to 4 p.m., e.s.t.;Friday,October 3, reviewing U.S.Fire Administration/ SUPPLEMENTARY INFORMATION section of
2008, from 9 a.m.to 5 p.m.,e.s.t.;and National Fire Academy Program this Notice,HUD is authorized by
Saturday,October 4,2008,from 9 a.m. activities,including the status of statute and regulations to waive
to 11:30 a.m.,e.s.t. Comments must be campus maintenance and capital statutory and regulatory requirements
submitted by Thursday,October 9, improvements,the budget update,the and specify alternative requirements for
2008. annual Ethics Briefing,the Learning this purpose,upon the request of the
ADDRESSES: Members of the public who Management System update,the state grantees.This Notice also
wish to obtain information for the National Fire Programs update,the describes the common application, •
•
public meeting may contact Teressa Education,Training and Partnerships eligibility,and administrative waivers
Kaas as listed in the FOR FURTHER update,the Academy update,and Board and the common alternative and
INFORMATION CONTACT section by discussions and new items.This statutory requirements for the grants.
September 30, 2008.Members of the meeting is open to the public. DATES:Effective Date:September 16,
public may participate by coming to the The Chairperson of the National Fire 2008.
National Emergency Training Center, Academy Board of Visitors shall FOR FURTHER INFORMATION CONTACT:
Building H,Room 300,Emmitsburg, conduct the meeting in a way that will, Jessie Handforth Kome,Director,
Maryland.Members of the general in his judgment,facilitate the orderly Disaster Recovery and Special Issues
public who plan to participate in the conduct of business.During its meeting, Division,Office of Block Grant
meeting should contact Teressa Kaas as the committee welcomes public Assistance,Department of Housing and
listed in the FOR FURTHER INFORMATION comment;however,comments will be Urban Development,451 7th Street,
CONTACT section,on or before September permitted only during the public SW.,Room 7286,Washington,DC
30, 2008. Requests to have written comment period.The Chairperson will 20410,telephone number 202-708—
material distributed to each member of make every effort to hear the views of 3587.Persons with hearing or speech
the committee prior to the meeting all interested parties.Please note that impairments may access this number
should reach the contact person at the the meeting may end early if all via TTY by calling the Federal
address below by September 30, 2008. business is completed. Information Relay Service at 800-877—
Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices 52871
8339.Facsimile inquiries may be sent to The Secretary finds that the following the Robert T.Stafford Disaster Relief and
Ms. Kome at 202-401-2044.(Except for waivers and alternative requirements,as Emergency Assistance Act(42 U.S.C.5121 et
the"800"number,these telephone described below,are not inconsistent seq.)as a result of recent natural disasters.
numbers are not toll-free.) with the overall purpose of Title I of the The law further notes:
Housing and Community Development That funds provided under this heading
SUPPLEMENTARY INFORMATION: A:t of 1974,as amended(HCD Act),or
lez National shall be administered through an entity or
the Cranston-Gonzalez Authority To Grant Waivers entities designated by the Governor of each
Affordable Housing Act,as amended. state.Provided further,that funds allocated
The Supplemental Appropriations Under the requirements of the under this heading shall not adversely affect
Act,2008 (Pub.L.110-252,approved Department of Housing and Urban the amount of any formula assistance
June 30,2008) (Supplemental Development Reform Act of 1989(the received by a state under this heading:
Appropriations Act)appropriates$300 HUD Reform Act),regulatory waivers Provided further,that each state may use up
million,to remain available until must be justified and published in the to five percent of its allocation for
expended, in CDBG funds for necessary Federal Register. administrative costs.
expenses related to disaster relief,long- Except as described in this Notice, HUD computes allocations based on
term recovery, and restoration of statutory and regulatory provisions data that is generally available covering
infrastructure in areas covered by a governing the CDBG program for states, all the eligible affected areas.Two
declaration of major disaster under title including those at 24 CFR part 570, challenges arose in making this
IV of the Robert T.Stafford Disaster shall apply to the use of these funds.In allocation.First,the statute gave very
accordance with the Supplemental little guidance on what states are to
Relief and Emergency Assistance Act
(42 U.S.C.5121 et seq.)as a result of Appropriations Act,HUD will receive funding.so HUD had to
recent natural disasters.The reconsider every waiver in this Notice determine the eligible universe of
onthe two-year anniversary of the day
Supplemental Appropriations Act grantees.The appropriation calls for
this Notice is published. fundin recent natural disasters."
authorizes the Secretary to waive,or g
specify alternative requirements for,any Additional Waivers Since this appropriation was enacted on
provision of any statute or regulation state receiving an allocation may June 30,2008,and was developed while
Eachthat the Secretary administers in there was significant awareness of
request additional waivers from the
connection with the obligation by the Department as needed to address the flooding in the Midwest,the
Secretary or use by the recipient of these Department's primary assumption was
specific needs related to that state's
funds and guarantees,except for that the funds were targeted to the
recovery activities.The Department will
requirements related to fair housing, respond separately to the state's Midwest flooding.However,there were
nondiscrimination,labor standards,and requests for waivers of provisions not also several other severe storms,
the environment(including covered in this Notice,after working flooding,and tornado events that
requirements concerning lead based with the state to tailor the program to received major disaster declarations
paint),upon a request by the state and best meet the unique disaster recovery during the same time frame.There were
a finding by the Secretary that such a needs in its impacted areas. no declared disasters in April 2008,
waiver would not be inconsistent with which allows for a natural break and
the overall purpose of the statute. Allocations argues that"recent disasters"is most
Additionally,regulatory waiver The Supplemental Appropriations likely to be those occurring after this
authority is provided by 24 CFR 5.110, Act provides$300 million of lull.Therefore,HUD is defining"recent
91.600,and 570.5.The following supplemental appropriation for the natural disasters"to be all major natural
application and reporting waivers and CDBG program for: disasters that occurred and were
alternative requirements are in response Necessary expenses related to disaster declared from May 1,2008,through
to requests from each of the states June 30,2008.This would Iimit the
relief,long-term recovery,and restoration of
receiving an allocation under this infrastructure in areas covered by a eligibility for an allocation to disasters
Notice. declaration of major disaster under title IV of in the states shown below.
TABLE 1—FEDERALLY DECLARED DISASTERS IN MAY AND JUNE 2008
No. Declared date State Title
1773 25-Jun-08 Missouri Severe Storms and Flooding.
1772 25-Jun-08 Minnesota Severe Storms and Flooding.
1771 24-Jun-08 III nois Severe Storms and Flooding.
1770 .......... 20-Jun-08 Nebraska Severe Storms,Tornadoes,and Flooding.
1769 19-Jun-08 West Virginia Severe Storms, Tornadoes, Flooding, Mudslides, and Land-
slides.
1768 14-Jun-08 Wisconsin Severe Storms,Tornadoes,and Flooding.
1766 8-Jun-08 Indiana Severe Storms and Flooding.
1763 27-May-08 Iowa Severe Storms,Tornadoes,and Flooding.
1762 26-May-08 Colorado Severe Storms and Tornadoes.
1760 23-May-08 Missouri Severe Storms and Tornadoes.
1758 20-May-08 Arkansas Severe Storms,Flooding,and Tornadoes.
1756 14-May-08 Cklahoma Severe Storms,Tornadoes,and Flooding.
1755 9-May-08 Maine Severe Storms and Flooding.
1753 8-May-08 Mississippi Severe Storms and Flooding.
52872 Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices
HUD is aware that other federal State Amount allocated To meet this directive,HUD is pursuing
programs,such as Federal Emergency four courses of action.First,this Notice
Management Agency(FEMA)Public Wisconsin 5,000,000 includes specific reporting,written
Assistance and Small Business procedures,monitoring,and internal
Administration(SBA)loans,exist to As soon as better data are available, audit requirements for grantees.Second,
support disaster recovery.Compared to HUD will compute allocations for the to the extent its resources allow,HUD
the number of major disaster remaining$200 million and announce will institute risk analysis and on-site
declarations,the number of times them.A state included in that monitoring of grantee management of
Congress has appropriated CDBG announcement may immediately the grants and of the specific uses of
supplemental disaster recovery funds is proceed to prepare and submit an funds.Third,HUD will be extremely
very small.The Department believes it Action Plan for disaster recovery in cautious in considering any waiver
is reasonable to limit the allocations to accordance with this Notice,although related to basic financial management
places experiencing a significant need HUD will not be able to make the grant requirements.The standard,time-tested
for additional federal assistance to until the allocations are published in CDBG financial requirements will
facilitate long-term recovery and the Federal Register.Therefore,HUD continue to apply.Fourth,HUD is
generally applies a funding threshold, in commits to determining,announcing, collaborating with the HUD Office of
this case,of$2 million.Thus,it is very and publishing the additional Inspector General to plan and
likely that not all of the eligible universe allocations swiftly once the data are implement oversight of these funds.
will be funded. available. Waiver Justification
HUD will invite each grantee
The second challenge in allocating receiving an allocation under the This section of the Notice briefly
supplemental disaster appropriations is Supplemental.Appropriations Act to describes the basis for each waiver and
the trade off of a timely allocation submit an Action Plan for Disaster related alternative requirements,if any.
versus having the most complete data Recovery in accordance with this Each state eligible for a disaster
needed to make a fully informed Notice recovery grant receives annual CDBG
allocation.CDBG disaster recovery The Supplemental Appropriations allocations,has a consolidated plan,a
assistance is intended to fund long-term Act requires funds be used only for citizen participation plan,a monitoring
disaster recovery. States need to know disaster relief,long-term recovery,and plan,and has made CDBG certifications.
relatively quickly how much they are to restoration of infrastructure in areas HUD encourages each CDBG disaster
receive so that they can begin covered by a declaration of major recovery grantee to carry out CDBG
developing their recovery plans. disaster under title IV of the Robert T. disaster recovery activities in the
However,a fair allocation generally Stafford Disaster Relief and Emergency context of its ongoing community
depends on having good data similarly Assistance Act(42 U.S.C.5121 et seq.) development program to the extent
collected for all eligible states so that as a result of recent natural disasters. feasible(for example,by selecting
the needs of each state are fully taken The statute directs that each grantee will activities consistent with the
into consideration. In this case,where describe in its Action Plan for Disaster consolidated plan,by providing overall
funds were appropriated at a time when Recovery how the use of the grant funds benefit to at least 70 percent low-and
some of the disasters were still ongoing, will address long-term recovery and moderate-income persons,and by
the data for most disasters and thus infrastructure restoration.HUD will holding hearings or meetings to solicit
most states is still incomplete.Complete monitor compliance with this direction public comment).
data to make a full allocation may not and may be compelled to disallow The waivers,alternative requirements,
be available until mid-to late September expenditures if it finds uses of funds are and statutory changes described in this
at the earliest.However,HUD believed not disaster-related,or funds allocated Notice apply only to the CDBG
it was unreasonable to hold funds that duplicate other benefits.HUD supplemental disaster recovery funds
are currently needed as the Department encourages grantees to contact their appropriated in the Supplemental
waits for more complete data.As such, assigned HUD offices for guidance in Appropriations Act,not to funds
HUD is making a two-stage allocation: complying with these requirements provided under the regular CDBG
$100 million was allocated on August 4, during development of their Action program.These actions provide
2008,to the three most affected states Plans for Disaster Recovery or if they additional flexibility in program design
and the remaining funds will be have any questions regarding meeting and implementation and implement
allocated in mid-September or October these requirements. statutory requirements unique to this
when more complete data are available. As provided for in the Supplemental appropriation.
Enough data were available from FEMA, Appropriations Act,the funds may not
SBA,and other sources to make be used for activities reimbursable by or Application for Allocations Under the
reasonable initial allocation to the states for which funds are made available by Supplemental Appropriations Act
with the most severe damage due to the the Federal Emergency Management These waivers and alternative
incidents noted in the table above.The Agency or the Army Corps of Engineers. requirements streamline the pre-grant
Department was concerned that the first process and set the guidelines for states'
stage of the two-stage allocation not Prevention of Fraud,Abuse,and applications for their allocations.HUD
over-fund a grantee.Currently,the Duplication of Benefits encourages each grantee that receives an
Department can say with confidence The Supplemental Appropriations allocation to submit an Action Plan for
that the following grants would not be Act also directs the Secretary to: Disaster Recovery to HUD as soon as
over-funding the disaster recovery needs Establish procedures to prevent recipients practicable following an allocation
of the states receiving allocations. from receiving any duplication of benefits announcement.
and report quarterly to the Committees on Overall Benefit to Low-and Moderate-
State Amount allocated Appropriations with regard to all steps taken Income Persons
to prevent fraud and abuse of funds made
Indiana $10,000,000 available under this heading including Pursuant to explicit authority in the
Iowa 85,000,000 duplication of benefits. Supplemental Appropriations Act,HUD
Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices 52873
is granting an overall benefit waiver that Consistency With the Consolidated Plan Appropriations Act,which allows up to
allows for up to 50 percent of the grant HUD is waiving the requirement for five percent of the grant to be used for
to assist activities under the urgent need consistency with the consolidated plan the state's administrative costs.The
or prevention or elimination of slums because the effects of a major disaster provisions at 42 U.S.C. 5306(d)and 24
and blight national objectives,rather usually alter a grantee's priorities for CFR 570.489(a)(1)(i)and(iii)will not
than the 30 percent allowed in the meeting housing,employment,and apply to the extent that they cap state
annual state CDBG program.The infrastructure needs.To emphasize that administration expenditures and require
primary objective of Title I of the uses of grant funds must be consistent a dollar for dollar match of state funds
Housing and Community Development with the overall purposes of the HCD for administrative costs exceeding
Act and of the funding program of each Act,HUD is limiting the scope of the $100,000.HUD does not waive 24 CFR
grantee is"development of viable urban waiver for consistency with the 570.489(a)(3)to allow the state to
communities,by providing decent consolidated plan;it applies only until exceed the overall planning,
housing and a suitable living the grantee first updates its consolidated management and administrative cap of
environment and expanding economic plan priorities following the disaster. 20 percent.
opportunities,principally for persons of Action Plan for Disaster Recovery Use of Subrecipients
low and moderate income."The statute HUD is waiving the CDBG action plan The State CDBG program rule does
goes on to set the standard of not make specific provision for the
requirements and substituting an Action
performance for this primary objective treatment of the entities calledrecP
at 70 percent of the aggregate of the Plan for Disaster Recovery.This will "subrecipients"in the CDBG
allow rapid implementation of disaster
funds used for support of activities recove ant rograms and ensure entitlement program.The waiver
rye P_ s
producing benefit to low-and moderate- conformance with provisions of the allowing the state to carry out activities
income persons.Since extensive Supplemental Appropriations Act. directly creates a situation in which the
damage to community structures and Where possible,the Action Plan for state may use subrecipients to carry out
housing affected those with varying Disaster Recovery,including activities in a manner similar to
incomes,and income-producing jobs are certifications,does not repeat common entitlement communities rather than
often lost for a period of time following action plan elements the grantee has using a method of distributing funds to
a disaster,HUD is waiving the 70 already committed to carry out as part local governments.HUD and its Office
percent overall benefit requirement, of its annual CDBG submission. of Inspector General have long
leaving the 50 percent requirement,to Although a state as the grantee may identified the use of subrecipients as a
give grantees even greater flexibility to diesignate an entity or entities to practice that increases the risk of abuse
carry out recovery activities within the administer the funds,the state is of funds.HUD's experience is that this
confines of the CDBG program national responsible for compliance with federal risk can be successfully managed by
objectives.HUD may only rovide requirements.During the course of the following the CDBG entitlement
additional waivers of this requirement if grant,HUD will monitor the state's userequirements aore, D is nd related guidance.
tthat aestate
it makes a finding of compelling need. of funds and its actions for consistency Theeadvantage of the waiver allowing
astt
The requirement that each activitymeet with the Action Plan.The state may taking g
one of the three national objectives is submit an initial partial Action Plan and it to carry out activities drectly must
1 follow the alternative requirements
not waived. amend it one or more times
subsequently until the Action Plan drawn from the CDBG entitlement rule
Expanded Distribution and Direct describes uses for the total grant and specified in this Notice when using
Action amount.The state may also amend subrecipients.
activities in its Action Plan. Reporting
The waivers and alternative
requirements allowing distribution of Citizen Participation HUD is waiving the annual reporting
funds by a state to entitlement The citizen participation waiver and requirement because the Congress
communities and Indian tribes,and to alternative requirements will permit a requires quarterly reports from the
allow a state to carry out activities more streamlined public process,but grantees and from HUD on various
directly rather than distribute all funds one that still provides for reasonable aspects of the uses of funds and of the
to units of local government are public notice,appraisal,examination, activities funded with these grants.
consistent with waivers granted for and comment on the activities proposed Many of the data elements the grantees
previous,similar disaster recovery for the use of CDBG disaster recovery will report to Congress quarterly are the
cases.HUD believes that, in using very grant funds. The waiver removes the same as those that HUD will use to
similar statutory language to that used requirement at both the grantee and exercise oversight for compliance with
for the CDBG supplemental state grant recipient levels for public the requirements of this Notice and for
Pp hearings or meetings as the method for prevention of fraud,abuse of funds,and
appropriations for Hurricane Katrina, duplication of benefits.To collect these
Rita, and Wilma recovery,Congress is disseminating information or collecting data elements and to meet its reporting
signaling its intent that the states under citizen comments.Instead,grantees are P g
g g
encouraged to employ innovative requirements,HUD is requiring each
this appropriation also be able to carry methods to communicate with citizens grantee to report to HUD quarterly using
out activities directly.Therefore,HUD is and solicit their views on proposed uses the online Disaster Recovery Grant
waiving program requirements to of disaster recovery funds,and then to Reporting(DRGR)system,which uses a
support this,HUD is also including in indicate in the Action Plan how it has streamlined,Internet-based format. HUD
this Notice the necessary addressed these views. will use grantee reports to monitor for
complementary waivers and alternative anomalies or performance problems that
requirements related to subrecipients to Administration Limitation suggest fraud,abuse of funds,and
ensure proper management and State program administration duplication of benefits;to reconcile
disposition of funds during the grant requirements must be modified to be budgets,obligations,fund draws, and
execution and at closeout. consistent with the Supplemental expenditures;and to calculate
52874 Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices
applicable administrative and public states asked for waivers to help promote assistance are limited.The change
service limitations and the overall the acquisition of property and the provides access to an additional
percent of benefit to low-and moderate- replacement of housing in a timely and relocation resource option.
income persons,and as a basis for risk efficient manner. The URA and implementing
analysis in determining a monitoring CDBG funds are federal financial regulations to the extent that they
plan. assistance so their use in projects that require a grantee to offer a person
The grantee must post the report on involve acquisition of property displaced from a dwelling unit the
a Web site for its citizens within 3 days necessary for a federally assisted option to receive a"moving expense
of the report's submission to HUD.If a project,or that involve acquisition, and dislocation allowance"based on the
grantee chooses,it may use this report, demolition,or rehabilitation that force a current schedule of allowances prepared
together with a statement regarding any person to move permanently,are subject by the Federal Highway Administration,
sole source procurements,as its to the URA and the government-wide provided that the grantee establishes
required quarterly submission to the implementing regulations found at 49 and offers the person a moving expense
Committees on Appropriations.Each CFR part 24.The URA provides and dislocation allowance under a
quarter,HUD will submit to the assistance and protections to schedule of allowances that is
Committees a summary description of individuals and businesses affected by reasonable for the jurisdiction and takes
its report reviews,other HUD Federal or federally assisted projects. into account the number of rooms in the
monitoring and technical assistance HUD is waiving the following URA displacement dwelling,whether the
activities undertaken during the quarter, requirements to help promote person owns and must move the
and any significant conclusions related accessibility to suitable decent,safe,and furniture,and,at a minimum,the kinds
to fraud or abuse of funds or duplication sanitary housing for Midwest flooding of expenses described in 49 CFR 24.301.
of benefits. victims. Failure to suspend this provision would
Eli ibili Housing Related The acquisition requirements of the impede disaster recovery by requiring
g — URA and implementing regulations are grantees to offer allowances that do not
The waiver of Section 105(a)of the waived so that they do not apply to an reflect current local labor and
1974 Act that allows new housing arm's length voluntary purchase carried transportation costs.Persons displaced
construction and of Section 105(a)(24), out by a person that does not have the from a dwelling remain entitled to
to allow homeownership assistance for power of eminent domain,in choose a payment for actual reasonable
families whose income is up to 120 connection with the purchase and moving and related expenses if they
percent of median income and payment occupancy of a principal residence by find that approach preferable to the
of up to 100 percent of a housing down that person.The failure to suspend locally established moving expense and
payment is necessary following major these requirements would impede dislocation allowance.
disasters in which large numbers of disaster recovery and may result in
affordable housing units have been windfall payments. In addition to the URA waivers,HUD
damaged or destroyed,as is the case in A limited waiver of the URA is waiving requirements of section
the disaster eligible under this notice. implementing regulations to the extent 104(d)of the HCD Act dealing with one-
The broadening of the Section that they require grantees to provide for-one replacement of low-and
105(a)(24)waiver,in accordance with URA financial assistance sufficient to moderate-income housing units
the state's request,will allow the state reduce the displaced person's post-, demolished or converted in connection
to implement mixed-use housing displacement rent/utility cost to 30 with a CDBG-assisted development
recovery programs included in its HUD- percent of household income.The project for housing units damaged by
accepted action plan. failure to suspend these one-size-fits-all one or more disasters.HUD is waiving
requirements could impede disaster this requirement because it does not
Anti-Pirating recovery.To the extent that a tenant has take into account the large,sudden
The limited waiver of the anti-pirating been paying rents in excess of 30 changes a major disaster may cause to
requirements allows the flexibility to percent of household income without the local housing stock,population,or
provide assistance to a business located demonstrable hardship,rental local economy.Further,the requirement
in another state or market area within assistance payments to reduce tenant does not take into account the threats to
the same state if the business was costs to 30 percent would not be public health and safety and to
displaced from a declared area within required. economic revitalization that may be
the state by the disaster and the The URA and implementing caused by the presence of disaster-
business wishes to return.This waiver regulations to the extent necessary to damaged structures that are unsuitable
is necessary to allow a grantee affected permit a grantee to meet all or a portion for rehabilitation.As it stands,the
by a major disaster to rebuild its of a grantee's replacement housing requirement would impede disaster
employment base. financial assistance obligation to a recovery and discourage grantees from
displaced renter by offering rental acquiring,converting,or demolishing
Relocation Requirements housing through a tenant-based rental disaster-damaged housing because of
The states' plan to engage in assistance(TBRA)housing program excessive costs that would result from
voluntary acquisition and optional subsidy(e.g.,Section 8 rental voucher replacing all such units within the
relocation activities(in a form often or certificate)provided that the renter is specified timeframe.HUD is also
called"buyouts")by using waivers also provided referrals to suitable, waiving the relocation assistance
related to acquisition and relocation available rental replacement dwellings requirements contained in section
requirements under the Uniform where the owner is willing to 104(d)of the HCD Act to the extent they
Relocation Assistance and Real Property participate in the TBRA program,and differ from those of the URA(42 U.S.C.
Acquisition Policies Act of 1970, as the period of authorized assistance is at 4601 et seq.).This change will simplify
amended,(42 U.S.C. 4601 et seq.)(URA) least 42 months.Failure to grant the implementation while preserving
and the replacement of housing and waiver would impede disaster recovery statutory protections for persons
relocation assistance provisions under whenever TBRA program subsidies are displaced by projects assisted with
section 104(d)of the HCD Act. The available but funds for cash relocation CDBG disaster recovery grant funds.
Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices 52875
Iowa has indicated that an additional activities in the Action Plan may retain recipient through its employees,or
reason for these waivers is related to its this income and use it for additional through procurement contracts,or
decision to administer some buyouts disaster recovery activities.In addition, through loans or grants under
that will include in the same project this notice allows program income to agreements with subrecipients,or by
funds under this notice and FEMA the disaster recovery grant generated by one or more entities that are designated
mitigation funding.The statutory activities undertaken directly by the by the chief executive officer of the
requirements of the URA are also state or its agent(s)to retain the original state.Unless a waiver provides
applicable to the administration of disaster recovery grant's alternative otherwise,activities made eligible under
FEMA assistance,and disparities in requirements and waivers and to remain section 105(a)(15)of the HCD Act,as
rental assistance payments for activities under the state's discretion until grant amended,may only be undertaken by
funded by HUD and that agency will closeout,at which point any program entities specified in that section,
thus be eliminated. FEMA is subject to income on hand or received whether the assistance is provided to
the requirements of the URA.Pursuant subsequently will become program such an entity from the state or from a
to this authority,FEMA requires that income to the state's annual CDBG unit of general local government.
rental assistance payments be calculated program.The alternative requirements 4.Consolidated Plan waiver.
on the basis of the amount necessary to provide all the necessary conforming Requirements at 42 U.S.C. 12706 and 24
lease or rent comparable housing for a changes to the program income CFR 91.325(a)(6),that housing activities
period of 42 months.HUD is also regulations. undertaken with CDBG funds be
subject to these requirements,but is also consistent with the strategic plan,are
covered by alternative relocation Certifications waived.Further,42 U.S.C.5304(e),to
provisions authorized under 42 U.S.C. HUD is waiving the standard the extent that it would require HUD to
5304(d)(2)(A)(iii)and(iv)and certifications and substituting annually review grantee performance
implementing regulations at 24 CFR alternative certifications.The alternative under the consistency criteria,is also
42.350.These alternative relocation certifications are tailored to CDBG waived.These waivers apply only until
benefits,available to low-and moderate- disaster recovery grants and remove the time that the grantee first updates
income displacees opting to receive certifications and references that are the consolidated plan priorities
them in certain HUD programs,require redundant or appropriate to the annual following the disaster.
the calculation of similar rental CDBG formula pwvgiam. 5.Citizen participation waiver and
assistance payments on the basis of 60 alternative requirement.Provisions of
months,rather than 42 months,thereby Applicable Rules,Statutes,Waivers, 42 U.S.C.5304(a)(2)and(3),42 U.S.C.
creating a disparity between the and Alternative Requirements 12707,24 CFR 570.486,and 24 CFR
available benefits offered by HUD and Pre-Grant Process 91.115(b)with respect to citizen
FEMA(although not always an actual participation requirements are waived
cash difference).The waiver assures 1.General note.Prerequisites to a and replaced by the requirements
uniform and equitable treatment by grantee's receipt of CDBG disaster below.The streamlined requirements do
allowing the URA benefits requirements recovery assistance include adoption of not mandate public hearings at either
to be the standard for assistance under a citizen participation plan;publication the state or local government level,but.
this notice. of its proposed Action Plan for Disaster do require providing a reasonable
Recovery;public notice and comment; opportunity(at least 7 days)for citizen
Program Income and submission to HUD of an Action comment and ongoing citizen access to
A combination of CDBG provisions Plan for Disaster Recovery,including information about the use of grant
limits the flexibility available to the certifications.Except as described in funds.The streamlined citizen
states for the use of program income. this Notice,statutory and regulatory participation requirements for this grant
Prior to 2002,program income earned provisions governing the Community are:
on disaster recovery grants has usually Development Block Grant program for a.Before the grantee adopts the action
been program income in accordance states,including those at 42 U.S.C. 5301 plan for this grant or any substantial
with the rules of the regular CDBG et seq.and 24 CFR part 570,shall apply amendment to this grant,the grantee
program of the applicable state and has to the use of these funds. will publish the proposed plan or
lost its disaster grant identity,thus 2.Overall benefit waiver and amendment(including the information
losing use of the waivers and alternative requirement.The required in this Notice for an Action
streamlined alternative requirements. requirements at 42 U.S.C.5301(c),42 Plan for Disaster Recovery).The manner
Also,the State CDBG program rule and U.S.C.5304(b)(3)(A),and 24 CFR of publication(including prominent
law are designed for a program in which 570.484 that 70 percent of funds are for posting on the state,local,or other
the state distributes all funds rather than activities that benefit low-and relevant Web site)must afford citizens,
carrying out activities directly.The HCD moderate-income persons are waived to affected local governments and other
Act specifically provides for a local stipulate that at least 50 percent of interested parties a reasonable
government receiving CDBG grants from disaster recovery grant funds are for opportunity to examine the plan or
a state to retain program income if it activities that principally benefit low- amendment's contents.Subsequent to
uses the funds for additional eligible and moderate-income persons. publication,the grantee must provide a
activities under the annual CDBG 3.Direct grant administration by reasonable time period and method(s)
program.The HCD Act allows the state states and means of carrying out eligible (including electronic submission)for
to require return of the program income activities.Requirements at 42 U.S.C. receiving comments on the plan or
to the state under certain circumstances. 5306 are waived to the extent necessary substantial amendment.The grantee's
This notice waives the existing statute to allow a state to use its disaster plans to minimize displacement of
and regulations to give the states,in all recovery grant allocation directly to persons or entities and to assist any
circumstances, the choice of whether a carry out state-administered activities persons or entities displaced must be
local government receiving a eligible under this Notice.Activities published with the action plan.
distribution of CDBG disaster recovery eligible under this Notice may be b.In the action plan,each grantee will
funds and using program income for undertaken,subject to state law,by the specify its criteria for determining what
52876 Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices
changes in the grantee's activities recovery needs resulting from the e.Method of distribution.The state's
constitute a substantial amendment to covered disasters that have not been method of distribution shall include
the plan.At a minimum,adding or addressed by insurance proceeds,other descriptions of the method of allocating
deleting an activity or changing the federal assistance or any other funding funds to units of local government and
planned beneficiaries of an activity will source; of specific projects the state will carry
constitute a substantial change.The b.The grantee's overall plan for out directly,as applicable.The
grantee may modify or substantially disaster recovery including: descriptions will include:
amend the action plan if it follows the (1)How the state will promote sound (1)When funds are to be allocated to
same procedures required in this Notice short-and long-term recovery planning units of local government,all criteria
for the preparation and submission of an at the state and local levels,especially used to select applications from local
Action Plan for Disaster Recovery.The land use decisions that reflect governments for funding,including the
grantee must notify HUD,but is not responsible flood plain management, relative importance of each criterion,
required to notify the public,when it removal of regulatory barriers to and including a description of how the
makes any plan amendment that is not reconstruction,and prior coordination disaster recovery grant resources will be
substantial, with planning requirements of other allocated among all funding categories
c.The grantee must consider all state and Federal programs and entities; and the threshold factors and grant size
comments received on the action plan (2)How the state will encourage limits that are to be applied;and
or any substantial amendment and construction methods that emphasize (2)When the state will carry out
submit to HUD a summary of those high quality,durability,energy activities directly,the projected uses for
comments and the grantee's response efficiency,sustainability,and mold the CDBG disaster recovery funds by
with the action plan or substantial resistance,including how the state will responsible entity,activity,and
amendment. promote enactment and enforcement of geographic area;
d.The grantee must make the action modern building codes and mitigation (3)How the method of distribution to
plan,any substantial amendments,and of flood risk where appropriate;and local governments or use of funds
all performance reports available to the (3)How the state will provide or described in accordance with the above
public. HUD recommends posting them encourage provision of adequate,flood- subparagraphs will result in eligible
on the Internet.In addition,the grantee resistant housing for all income groups uses of grant funds related to long-term
must make these documents available in that lived in the disaster affected areas recovery from specific effects of the
a form accessible to persons with prior to the incident date(s)of the disaster(s)or restoration of
disabilities and non-English-speaking applicable disaster(s),including a infrastructure; and
persons.During the term of this grant, description of the activities it plans to (4)Sufficient information so that
the grantee will provide citizens, undertake to address emergency shelter citizens,units of general local
affected local governments,and other and transitional housing needs of government and other eligible
interested parties reasonable and timely homeless individuals and families subgrantees or subrecipients will be able
access to information and records (including subpopulations),to prevent to understand and comment on the
relating to the action plan and the low-income individuals and families action plan and,if applicable,be able to
grantee's use of this grant. with children(especially those with prepare responsive applications to the •
e.The grantee will provide a timely incomes below 30 percent of median) state.
written response to every citizen from becoming homeless,to help f.Required certifications(see the _
complaint.Such response will be homeless persons make the transition to applicable Certifications section of this
provided within 15 working days of the permanent housing and independent Notice);and
receipt of the complaint, if practicable. living,and to address the special needs g.A completed and executed Federal
6.Modify requirement for of persons who are not homeless form SF-424.
consultation with local governments. identified in accordance with 24 CFR 8. Allow reimbursement for pre-
Currently,the statute and regulations 91.315(d); agreement costs.The provisions of 24
require consultation with affected units c.Monitoring standards and CFR 570.489(b)are applied to permit a
of local government in the non- procedures that are sufficient to ensure grantee to reimburse itself for otherwise
entitlement area of the state regarding program requirements,including non- allowable costs incurred on or after the
the state's proposed method of duplication of benefits,are met and that incident date of the covered disaster.
distribution. HUD is waiving 42 U.S.C. provide for continual quality assurance, 9.Clarifying note on the process for
5306(d)(2)(C)(iv), 24 CFR 91.325(b),and investigation,and internal audit environmental release of funds when a
24 CFR 91.110,with the alternative functions,with responsible staff state carries out activities directly.
requirement that the state consult with reporting independently to the Governor Usually,a state distributes CDBG funds
all disaster-affected units of general of the state or,at a minimum,to the to units of local government and takes
local government,including any CDBG chief officer of the governing body of on HUD's role in receiving
entitlement communities,in any designated administering entity; environmental certifications from the
determining the use of funds. d.A description of the steps the state grant recipients and approving releases
7.Action Plan waiver and alternative will take to avoid or mitigate of funds. For this grant,HUD will allow
requirement.The requirements at 42 occurrences of fraud,abuse,and a state grantee to also carry out activities
U.S.C.12705(a)(2),42 U.S.C. 5304(a)(1), mismanagement,especially with respect directly instead of distributing them to
42 U.S.C. 5304(m), 42 U.S.C. to accounting,procurement,and other governments.According to the
5306(d)(2)(C)(iii),24 CFR 1003.604,and accountability,with a description of environmental regulations at 24 CFR
24 CFR 91.320 are waived for these how the state will provide for increasing 58.4,when a state carries out activities
disaster recovery grants. Each state must the capacity for implementation and directly,the state must submit the
submit to HUD an Action Plan for compliance of local government grant certification and request for release of
Disaster Recovery that describes: recipients,subrecipients,subgrantees, funds to HUD for approval.
a.The effects of the covered disasters, contractors,and any other entity 10.Duplication of benefits. In general,
especially in the most impacted areas responsible for administering activities 42 U.S.C. 5155 (section 312 of the
and populations,and the greatest under this grant;and Robert T. Stafford Disaster Assistance
,
Federal Register/Vol. 73, No. 17 7/Thursday, September 11, 2008/Notices 52877
and Emergency Relief Act,as amended) subrecipient of a state,a unit of general (ii)Amounts generated by activities
prohibits any person,business concern, local government or a tribe that was eligible under section 105(a)(15)of the
or other entity from receiving financial generated from the use of CDBG funds, HCD Act and carried out by an entity
assistance with respect to any part of a except as provided in paragraph(a)(2)of under the authority of section 105(a)(15)
loss resulting from a major disaster as to this section.When income is generated of the HCD Act;
which he has received financial by an activity that is only partially (3)The state may permit the unit of
assistance under any other program or assisted with CDBG funds,the income general local government or tribe which
from insurance or any other source.The shall be prorated to reflect the receives or will receive program income
Supplemental Appropriations Act percentage of CDBG funds used(e.g.,a to retain the program income,subject to
stipulates that funds may not be used single loan supported by CDBG funds the requirements of paragraph(a)(3)(ii)
for activities reimbursable by or for and other funds;a single parcel of land of this section,or the state may require
which funds have been made available purchased with CDBG funds and other the unit of general local government or
by the Federal Emergency Management funds).Program income includes,but is tribe to pay the program income to the
Agency or by the Army Corps of not limited to,the following: state.
Engineers. (i)Proceeds from the disposition by (i)Program income paid to the state.
11.Waiver and alternative sale or long-term lease of real property Program income that is paid to the state
requirement for distribution to CDBG purchased or improved with CDBG or received by the state is treated as
metropolitan cities and urban counties. funds; additional disaster recovery CDBG
a.Section 5302(a)(7)of title 42,U.S.C. (ii)Proceeds from the disposition of funds subject to the requirements of this
(definition of"nonentitlement area") equipment purchased with CDBG funds; notice and must be used by the state or
and provisions of 24 CFR part 570 that (iii)Gross income from the use or
distributed to units of general local
would prohibit a state from distributing rental of real or personal property government in accordance with the
CDBG funds to units of general local acquired by the unit of general localgove state's Action Plan for Disaster
the enntirtlement CDBG program and toent regardless of their status in government or tribe or subrecipient of a Recovery.asibleprogramoe maximum extent
income shall be used
state,a tribe or a unit of general local
CFR Indian
70.480(a) to the extenttribes,are waived, ltha such government with CDg 24BG funds;less the or distributed beforeadditional withdrawals the state
the makes
costs incidental to the generation of the
provisions limit the distribution of Treasury,except as provided in
ir..come;
funds to units of general local (iv)Gross income from the use or paragtraph(b) of this section.
government located in entitlement areas (ii)Program income retained by a unit
rental of real property owned by a state,
and to state or Federally recognized tribe or the unit of general local of eneral local government or tribe.
Indian tribes.The state is required (�A)Program income that is received
instead to distribute funds to the most government or a subrecipient of a state, and retained by the unit of general local
affected and impacted areas related to tribe or unit of general local government or tribe before closeout of
the consequences of the covered government,that was constructed or the grant that generated the program
disaster(s)without regard to a local improved with CDBG funds,less the income is treated as additional disaster
government or Indian tribe status under costs incidental to the generation of the recovery CDBG funds and is subject to` .
income; the requirements of this notice.
anyother CDBG program. (v)Payments ofprincipal and interest q
b.Additionally,because a state (B)Program income that is received
bythe of
on loans made using CDBG funds; and retained unit general local
grantee under this appropriation may
carry out activities directly,HUD is (vi)Proceeds from the sale of loans government or tribe after closeout of the
applying the regulations at 24 CFR made with CDBG funds; grant that generated the program
570.480(c)with respect to the basis for (vii)Proceeds from the sale of income,but that is used to continue the
HUD determining whether the state has obligations secured by loans made with disaster recovery activity that generated
failed to carry out its certifications so CDBG funds; the program income,is subject to the
that such basis shall be that the state has (viii)Interest earned on program waivers and alternative requirements of
failed to carry out its certifications in income pending disposition of the this notice.
compliance with applicable program income,but excluding interest earned (C)All other program income is
requirements.Also,24 CFR 570.494 on funds held in a revolving fund subject to the requirements of 42 U.S.C.
regarding timely distribution of funds is account; 5304(j)and subpart I of 24 CFR part 570.
waived.However,HUD expects each (ix)Funds collected through special (D)The state shall require units of
state grantee to expeditiously obligate assessments made against properties general local government or tribes,to
and expend all funds,including any owned and occupied by households not the maximum extent feasible,to
recaptured funds or program income, of low and moderate income,where the disburse program income that is subject
and to carry out activities in a timely special assessments are used to recover to the requirements of this notice before
manner. all or part of the CDBG portion of a requesting additional funds from the
12.Program income alternative public improvement;and state for activities,except as provided in
requirement. 42 U.S.C. 5304(j)and 24 (x)Gross income paid to a state,tribe paragraph(b)of this section.
CFR 570.489(e)are waived to the extent or a unit of general local government or (b)Revolving funds.
necessary to allow additional flexibility subrecipient from the ownership (1)The state may establish or permit
in the administration of program interest in a for-profit entity acquired in units of general local government or
income.The requirements that are return for the provision of CDBG tribes to establish revolving funds to
retained are republished here for the assistance. carry out specific,identified activities.
convenience of the grantees. (2)"Program income"does not A revolving fund,for this purpose,is a
a.Program income. include the following: separate fund(with a set of accounts
(1)For the purposes of this subpart, (i)The total amount of funds which that are independent of other program
"program income" is defined as gross is less than$25,000 received in a single accounts)established to carry out
income received by a state,a unit of year that is retained by a unit of general specific activities which,in turn,
general local government,a tribe or a local government,tribe or subrecipient; generate payments to the fund for use in
•
52878 Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices
carrying out such activities.These 13a.Note on change to administration carries out directly by funding a
payments to the revolving fund are limitation. Up to five percent of the subrecipient:
program income and must be grant amount may be used for the state's a.24 CFR 570.503,except that
substantially disbursed from the administrative costs.The provisions of specific references to 24 CFR parts 84
revolving fund before additional grant 42 U.S.C.5306(d)and 24 CFR and 85 need not be included in
funds are drawn from the Treasury for 570.489(a)(1)(i)and(iii)will not apply subrecipient agreements."
revolving fund activities.Such program to the extent that they cap state b.24 CFR 570.502(b),except that
income is not required to be disbursed administration expenditures,limit a HUD recommends but does not require
for non-revolving fund activities. state's ability to charge a de minimis application of the requirements of 24
(2)The state may also establish a application fee for grant applications for Ck'R part 84.
revolving fund to distribute funds to activities the state carries out directly, 16.Recordkeeping.Recognizing that
units of general local government or and require a dollar for dollar match of the state may carry out activities
tribes to carry out specific,identified state funds for administrative costs directly,24 CFR 570.490(b)is waived in
activities.A revolving fund, for this exceeding$100,000. HUD does not such a case and the following
purpose,is a separate fund(with a set waive 24 CFR 570.489(a)(3)to allow the alternative provision shall apply:state
of accounts that are independent of state to exceed the overall planning, records.The state shall establish and
other program accounts)established to management and administrative cap of maintain such records as may be
fund grants to units of general local 20 percent. necessary to facilitate review and audit
to carry out specific by HUD of the state's administration of
government
;; tine which, in born,generate Reporting CDBG disaster recovery funds under 24
CFR 570.493.Consistent with applicable
payments to the fund for additional 14.Waiver of performance report and statutes,regulations,waivers and
grants to units of general local alternative requirement.The alternative requirements,and other
government to carry out such activities. requirements for submission of a federal requirements,the content of
Program income in the revolving fund Performance Evaluation Report(PER) records maintained by the state shall be
must be disbursed from the fund before pursuant to 42 U.S.C. 12708 and 24 CPR sufficient to: enable HUD to make the
additional grant funds are drawn from 91.520 are waived.The alternative applicable determinations described at
the Treasury for payments to units of requirement is that— 24 CFR 570.493;make compliance
general local government which could a.Each grantee must submit its Action determinations for activities carried out
be funded from the revolving fund. Plan for Disaster Recovery,including directly by the state;and show how
(3)A revolving fund established by performance measures,into HUD's Web- activities funded are consistent with the
either the state or unit of general local based Disaster Recovery Grant Reporting descriptions of activities proposed for
government shall not be directly funded (DRGR)system.(The signed funding in the action plan.For fair
or capitalized with grant funds. certifications and the SF-424 must be housing and equal opportunity
(c)Transfer of program income. submitted in hard copy.)As additional purposes,and as applicable,such .
Notwithstanding other provisions of this detail about uses of funds becomes records shall include data on the racial,.
notice,the state may transfer program available to the grantee,the grantee ethnic,and gender characteristics of
_ income before closeout of the grant that must enter this detail into DRGR,in persons who are applicants for, -
generated the program income to its sufficient detail to serve as the basis for participants in,or beneficiaries ofthe
own annual CDBG program or to any acceptable performance reports. program.
annual CDBG-funded activities b.Each grantee must submit a 17.Change of use of real property.
administered by a unit of general local quarterly performance report,as HUD This waiver conforms the change of use
government or Indian tribe within the prescribes,no later than 30 days of real property rule to the waiver
state. following each calendar quarter, allowing a state to carry out activities
(d) Program income on hand at the beginning after the first full calendar directly.For purposes of this program,
state or its subrecipients at the time of quarter after grant award and continuing in 24 CFR 570.489(j),(j)(1),and the last
grant closeout by HUD and program until all funds have been expended and sentence of(j)(2),"unit of general local
income received by the state after such all expenditures reported.Each government"shill be read as"unit of
grant closeout shall be program income quarterly report will include general local government or state."
to the most recent annual CDBG information about the uses of funds 18.Responsibility for state review and
program grant of the state. during the applicable quarter including handling of noncompliance.This
13.Note that use of grant funds must (but not limited to)the project name, change conforms the rule with the
relate to the covered disaster(s).In activity,location,and national waiver allowing the state to carry out
addition to being eligible under 42 objective,funds budgeted,obligated, activities directly. 24 CFR 570.492 is
U.S.C.5305(a)or this Notice and drawn down,and expended;the waived and the following alternative
meeting a CDBG national objective,the funding source and total amount of any requirement applies:The state shall
Supplemental Appropriations Act non-CDBG disaster funds;beginning make reviews and audits including on-
requires that activities funded under and ending dates of activities;and site reviews of any subrecipients,
this Notice must also be for necessary performance measures such as numbers designated public agencies,and units of
expenses related to disaster relief,long- of low-and moderate-income persons or general local government as may be
term recovery,and restoration of households benefiting.Quarterly reports necessary br appropriate to meet the
infrastructure in areas covered by a to HUD must be submitted using HUD's requirements of section 104(e)(2)of the
declaration of major disaster under title Web-based DRGR system and,within 3 HCD Act,as amended,as modified by
IV of the Robert T.Stafford Disaster days of submission,posted on the this Notice. In the case of
Relief and Emergency Assistance Act grantee's official Internet site open to noncompliance with these
(42 U.S.C. 5121 et seq.)as a result of the the public. requirements,the state shall take such
recent natural disaster or disasters listed 15.Use of subrecipients.The actions as may be appropriate to prevent
in this Notice for which the state following alternative requirement a continuance of the deficiency,mitigate
received a funding allocation. applies for any activity that a state any adverse effects or consequences and
Federal Register/Vcl. 73, No. 177/Thursday, September 11, 2008/Notices 52879
prevent a recurrence.The state shall paying rents in excess of 30 percent of exceptions,no new structure maybe
establish remedies for noncompliance household income without erected on the property and no
by any designated public agencies or demonstrable hardship,rental subsequent application for Federal
units of general local governments and assistance payments to reduce tenant disaster assistance may be made for any
for its subrecipients. costs to 30 percent would not be purpose.The acquiring entity may want
19.Housing-related eligibility required.Before using this waiver,the to lease such property to adjacent
waivers.42 U.S.C. 5305(a)is waived to state must establish a definition of property owners or other parties for
the extent necessary to allow "demonstrable hardship." compatible uses in return for a
homeownership assistance for e.The requirements of sections 204 maintenance agreement.Although
households with up to 120 percent of and 205 of the URA,and 49 CFR Federal policy encourages leasing rather
area median income and downpayment 24.402(b)are waived to the extent than selling such property,the property
assistance for up to 100 percent of the necessary to permit a grantee to meet all may be sold.In all cases,a deed
down payment(42 U.S.C. or a portion of a grantee's replacement restriction or covenant running with the
5305(a)(24)(D))and to allow new housing financial assistance obligation land must require that the property be
housing construction. to a displaced renter by offering rental dedicated and maintained for
20.Waiver and modification of the housing through a tenant-based rental compatible uses in perpetuity.
anti-pirating clause to permit assistance assistance(TBRA)housing program c. Future Federal assistance to owners
to help a business return.42 U.S.C. subsidy(e.g.,Section 8 rental voucher remaining in floodplain.
5305(h)and 24 CFR 570.482 are hereby or certificate)provided that the renter is (1)Section 582 of the National Flood
waived only to allow the grantee to also provided referrals to suitable, Insurance Reform Act of 1994,as
provide assistance under this grant to available rental replacement dwe»;^gs amended.(42 U.S.C.5154(a))prohibits
any business that was operating in the where the owner is willing to flood disaster assistance in certain
covered disaster area before the incident participate in the TBRA program,and circumstances.In general,it provides
date of the applicable disaster,and has the period of authorized assistance is at that no Federal disaster relief assistance
since moved in whole or in part from least 42 months. made available in a flood disaster area
the affected area to another state or to f.The requirements of section 202(b) may be used to make a payment
a labor market area within the same of the URA and 49 CFR 24.302 are (including any loan assistance payment)
state to continue business. waived to the extent that they require a to a person for repair,replacement,or
grantee to offer a person displaced from restoration for damage to any personal,
Relocation Requirements a dwelling unit the option to receive a residential,or commercial property,if
21. Waiver of one-for-one replacement `"moving expense and dislocation that person at any time has received
of units damaged by disaster. allowance"based on the current Federal flood disaster assistance that
a.One-for-one replacement schedule of allowances prepared by the was conditional on the person first
requirements at 42 U.S.C.5304(d)(2) Federal Highway Administration, having obtained flood insurance under
and(d)(3), and 24 CFR 42.375(a)are provided that the grantee establishes applicable Federal law and the person
waived for low-and moderate-income and offers the person a moving expense has subsequently failed to obtain and
dwelling units(1)damaged by the and dislocation allowance under a maintain flood insurance as required
disaster,(2)for which CDBG funds are schedule of allowances that is under applicable Federal law on such
used for demolition,and(3)which are reasonable for the jurisdiction and takes property.(Section 582 is self-
not suitable for rehabilitation. into account the number of rooms in the implementing without regulations.)This
b.Relocation assistance requirements displacement dwelling,whether the means that a grantee may not provide
at 42 U.S.C. 5304(d)(2)(A),and 24 CFR person owns and must move the disaster assistance for the above-
42.350 are waived to the extent they furniture,and,at a minimum,the kinds mentioned repair,replacement,or
differ from those of the URA and its of expenses described in 49 CFR 24.301. restoration to a person that has failed to
implementing regulations at 49 CFR part 22.Notes on flood buyouts:a. meet this requirement.
24 following waivers to activities Payment of pre-flood values for buyouts. (2)Section 582 also implies a
involving buyouts and other activities HUD disaster recovery state grant responsibility for a grantee that receives
covered by the URA and related to recipients and Indian tribes have the CDBG disaster recovery funds or that,
disaster recovery housing activities discretion to pay pre-flood or post-flood under 42 U.S.C. 5321,designates
assisted by the funds covered by this values for the acquisition of properties annually appropriated CDBG funds for
notice and included in an approved located in a flood way or floodplain.In disaster recovery.That responsibility is
Action'Plan. 1 using CDBG disaster recovery funds for to inform property owners receiving
c.The requirements at 49 CFR such acquisitions,the grantee must disaster assistance that triggers the flood
24.101(b)(2)(i)—(ii)are waived to the uniformly apply whichever valuation insurance purchase requirement that
extent that they apply to an arm's length method it chooses. they have a statutory responsibility to
voluntary purchase carried out by a ,,1 b.Ownership and maintenance of notify any transferee of the requirement
person that does not have the power of acquired property.Any property to obtain and maintain flood insurance,
eminent domain, in connection with the acquired with disaster recovery grants and that the transferring owner may be
purchase and occupancy of a principal funds being used to match FEMA liable if he or she fails to do so.These
residence by that person. Section 404 Hazard Mitigation Grant requirements are described below.
d.The requirements at sections 204(a) Program funds is subject to section (3)Duty to notify.In the event of the
and 206 of the URA,49 CFR 24.2, 404(b)(2)of the Robert T.Stafford transfer of any property described in
24,402(b)(2) and 24.404 are waived to Disaster Relief and Emergency paragraph d.,the transferor shall,not
the extent that they require the state to Assistance Act,as amended,which later than the date on which such
provide URA financial assistance requires that such property be dedicated transfer occurs,notify the transferee in
sufficient to reduce the displaced and maintained in perpetuity for a use writing of the requirements to:
person's post-displacement rent/utility that is compatible with open space, (i)Obtain flood insurance in
cost to 30 percent of household income. recreational,or wetlands management accordance with applicable Federal law
To the extent that a tenant has been practices. In addition,with minor with respect to such property,if the
52880 Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices
property is not so insured as of the date of the Code of Federal Regulations is i.The state certifies that it is
on which the property is transferred; waived.Each state must make the complying with each of the following
and following certifications prior to criteria:
(ii)Maintain flood insurance in receiving a CDBG disaster recovery (1)Funds will be used solely for
accordance with applicable Federal law grant:
necessary expenses related to disaster
with respect to such property.Such a.The state certifies that it will relief,long-term recovery,and
written notification shall be contained affirmatively further fair housing,which restoration of infrastructure in areas
in documents evidencing the transfer of means that it will conduct an analysis covered by a declaration of major
ownership of the property. to identify'impediments to fair housing disaster under title IV of the Robert T.
(4)Failure to notify.If a transferor choice within the state,take appropriate Stafford Disaster Relief and Emergency
fails to provide notice as described actions to overcome the effects of any Assistance Act(42 U.S.C.5121 et seq.)
above and,subsequent to the transfer of impediments identified through that as result f recent
to activities disasters.s expected
theproperty: analysis,and maintain records reflecting (2) respect_
(i)Th trsferee fails to obtain or the analysis and actions in this regard. tto e recoveryd funds,the CDBGth disastera has been
maintain flood insurance,in accordance (See 24 CFR 570.487(b)(2).)
with applicable Federal law,with b.The state certifies that it has in developed so as to give the maximum
respect to the property; effect and is following a residential anti- feasible priority to activities that will
(ii)The property is damaged by a displacement and relocation assistance benefit low-and moderate-income
flood disaster;and plan in connection with any activity families.
(iii)Federal disaster relief assistance assisted with funding under the CDBG re(3)Theeryfu�sgate use of CDBG disaster
is provided for the repair,replacement, program.
all principally bene
or restoration of the property as a result c.The state certifies its compliance low-and moderate-income families in a
of such damage,the transferor shall be with restrictions on lobbying required manner thatof ens ensures
the expended for
at at least 50
required to reimburse the Federal by 24 CFR part 87,together with
percenGovernment in an amount equal to the disclosure forms,if required by part 87. activities that benefit such persons
amount of the Federal disaster relief d.The state certifies that the Action during the designated period.
assistance provided with respect to the Plan for Disaster Recovery is authorized (4)The state will not attempt to
property. under state law and that the state,and recover any capital costs of public
d.The notification requirements any entity or entities designated by the improvements assisted with CDBG
apply to personal,commercial,or state,possesses the legal authority to disaster recovery grant funds,by
residential property for which Federal carry out the program for which it is assessing any amount against properties
disaster relief assistance made available seeking funding,in accordance with owned and occupied by persons of low-
in a flood disaster area has been applicable HUD regulations and this chargedandmoderate-income,
or assessment made including
a any fee
provided,prior to the date on which the Notice.
property is transferred,for repair, e.The state certifies that it will condition of obtaining access to such
replacement,or restoration of the comply with the acquisition and public improvements,unless(A)
property,if such assistance was relocation requirements of the Uniform disaster recovery grant funds are used to
conditioned upon obtaining flood • Relocation Assistance and Real Property pay the proportion of such fee or
insurance in accordance with applicable Acquisition Policies Act of 1970,as assessment that relates to the capital
Federal law with respect to such amended,and implementing regulations costs of such public improvements that
property. at 49 CFR part 24,except where waivers are financed from revenue sources other
e.The term "Federal disaster relief or alternative requirements are provided than under this title;or(B)for purposes
assistance"applies to HUD or other for this grant.
of assessing any amount against
Federal assistance for disaster relief in f.The state certifies that it will properties owned and occupied by
"flood disaster areas."The term"flood comply with section 3 of the Housing persons of moderate income,the grantee
disaster area" is defined in section and Urban Development Act of 1968(12 certifies to the Secretary that it lacks
582(d)(2)of the National Flood U.S.C. 1701u),and implementing sufficient CDBG funds(in any form)to
Insurance Reform Act of 1994,as regulations at 24 CFR part 135. comply with the requirements of clause
amended,to include an area receiving a g.The state certifies that it is (A).
Presidential declaration of a major following a detailed citizen j.The state certifies that the grant will
disaster or emergency as a result of participation plan that satisfies the be conducted and administered in
flood conditions. requirements of 24 CFR 91.115 (except conformity with title VI of the Civil
23. Information collection approval as provided for in notices providing Rights Act of 1964(42 U.S.C. 2000d)
note. HUD has approval for information waivers and alternative requirements for and the Fair Housing Act(42 U.S.C.
collection requirements in accordance this grant),and that each unit of general 3601-3619)and implementing
with the Paperwork Reduction Act of local government that is receiving regulations.
1995 (44 U.S.C. 3501-3520)under OMB assistance from the state is following a k.The state certifies that it has and
control number 2506-0165.In detailed citizen participation plan that that it will require units of general local
accordance with the Paperwork satisfies the requirements of 24 CFR government that receive grant funds to
Reduction Act,HUD may not conduct or 570.486(except as provided for in certify that they have adopted and are
sponsor,nor is a person required to notices providing waivers and enforcing:
respond to,a collection of information alternative requirements for this grant). (1)A policy prohibiting the use of
unless the collection displays a valid h.The state certifies that it has excessive force by law enforcement
control number. consulted with affected units of local agencies within its jurisdiction against
government in counties designated in any individuals engaged in non-violent
Certifications covered major disaster declarations in civil rights demonstrations;and
24.Certifications for state the nonentitlement,entitlement and (2)A policy of enforcing applicable
governments,waiver and alternative tribal areas of the state in determining state and local laws against physically
requirement. Section 91.325 of title 24 the method of distribution of funding; barring entrance to or exit from a facility
€ x
Federal Register/Vol. 73, No. 177/Thursday, September 11, 2008/Notices 52881
or location that is the subject of such scheduled by calling the Regulations leased for solid waste disposal purposes
non-violent civil rights demonstrations Division at 202-708-3055(this is not a since 1971.The land was classified for
within its jurisdiction. toll-free number).Hearing-or speech- lease under the provisions of the R&PP
1.The state certifies that each state impaired individuals may access this Act.Before the conveyance can occur,
grant recipient or administering entity number through TTY by calling the toll- the land must be classified for
has the capacity to carry out disaster free Federal Information Relay Service conveyance under the provisions of the
recovery activities in a timely manner, at 800-877-8339. R&PP Act.Additional detailed
or the state has a plan to increase the Dated:September 8,2008. information pertaining to this
capacity of any state grant recipient or Roy A Bernardi, application,plan of development,and
administering entity who lacks such site plan is in case file W-27997,
capacity. Deputy Secretary. located in the BLM Cody Field Office at •
m.The state certifies that it will not [FR Doc.E8-21092 Filed 9-10-08;8:45 aml the above address.
use CDBG disaster recovery funds for BILLING CODE 4210-67-P The land is not needed for any
any activity in an area delineated as a Federal purpose.The conveyance is
special flood hazard area in FEMA's consistent with the Cody Resource
most current flood advisory maps unless DEPARTMENT OF THE INTERIOR Management Plan dated November 8,
it also ensures that the action is 1990,and would be in the public
designed or modified to minimize harm Bureau of Land Management interest.The patent,when issued,will
to or within the floodplain in [WY-920-1430-FR;WYW-27997;8-08807] be subject to the provisions of the R&PP
accordance with Executive Order 11988 Act and applicable regulations of the
and 24 CFR part 55. Notice of Realty Action:Recreation Secretary of the Interior,and will
n.The state certifies that it will and Public Purposes Act Classification contain the following reservations to the
comply with applicable laws. of Public Lands In Park County,WY United States:
1.A right-of-way thereon for ditches
Duration of Funding AGENCY:Bureau of Land Management, or canals constructed by the authority of
Availability of funds provisions in 31 Interior. the United States,Act of August 30,
U.S.C. 1551-1557,added by section ACTION:Notice. 1890(43 U.S.C.945);and
1405 of the National Defense 2.All minerals,together with the right
Authorization Act for Fiscal Year 1991 SUMMARY:The Bureau of Land to prospect for,mine,and remove such
(Pub.L. 101-510),limit the availability Management(BLM)has examined and deposits from the same under applicable
of certain appropriations for found suitable for classification for law and such regulations as the
expenditure.This limitation may not be conveyance under the provisions of the Secretary of the Interior may prescribe.
waived.However,the Supplemental Recreation and Public Purposes(R&PP) The patent will be subject to all valid
Appropriations Act for these grants Act,as amended,approximately 90.00 existing rights documented on the
directs that these funds be available acres of public land in Park County, official public land records at the time
Wyoming.Park County proposes to use of patent issuance.
until expended unless,in accordance
with 31 U.S.C.1555,the Department the land for a sanitary landfill. Classification Comments:Interested
determines that the purposes for which DATES:Interested parties may submit parties may submit comments involving
the appropriation has been made have comments regarding the proposed the suitability of the land for municipal
been carried out and no disbursement conveyance or classification of the lands and recreation uses.Comments on the
has been made against the appropriation until October 27,2008. classification are restricted to whether
for two consecutive fiscal years.In such ADDRESSES:Send written comments to the land is physically suited for the
case,the Department shall close out the the Field Manager,Cody Field Office, proposal,whether the use will
grant prior to expenditure of all funds. P.O.Box 518,Cody,Wyoming 82414. maximize the future use or uses of the
FOR FURTHER INFORMATION CONTACT: land,whether the use is consistent with
Catalog of Federal Domestic Assistance local planning and zoning,or if the use
The Catalogof Federal Domestic Mike Stewart,Field Manager,Bureau of is consistent with State and Federal
Land Management,Cody Field Office,at
Assistance numbers for the disaster programs.
(307)578-5915. Application Comments:Interested
recovery grants under this Notice are as PP
SUPPLEMENTARY INFORMATION:In parties maysubmit comments regarding
follows:14.219; 14.228. g g
accordance with Section 7 of the Taylor the specific use proposed in the
Finding of No Significant Impact Grazing Act,(43 U.S.C. 315f),and application and plan of development,
A Finding of No Significant Impact Executive Order No.6910,the following whether the BLM followed proper
(FONSI)with respect to the described public land in Park County, administrative procedures in reaching
environment has been made in Wyoming,has been examined and the decision to convey under the R&PP
accordance with HUD regulations at 24 found suitable for classification for lease Act,or any other factor not directly
CFR part 50,which implement section and conveyance under the provisions of related to the suitability of the land for
102(2)(C)of the National Environmental the R&PP Act,as amended(43 U.S.C. R&PP use.
Policy Act of 1969(42 U.S.C.4332).The 869 et seq.): Confidentiality of Comments:Before
FONSI is available for public inspection Sixth Principal Meridian,Wyoming including your address,phone number,
between 8 a.m. and 5 p.m.weekdays in e-mail address,or other personal
the Regulations Division,Office of T.52 N.,R.101 W., identifying information in your
Sec.20,W'/zNW'/4,N'/ZN'hNE'/,SW'/,.
General Counsel,Department of comment,you should be aware that
Housing and Urban Development,Room The land described contains 90.00 acres, your entire comment—including your
10276,451 7th Street,SW.,Washington, more or less. personal identifying information—may
DC 20410-0500.Due to security In accordance with the R&PP Act, be made publicly available at any time.
measures at the HUD Headquarters Park County filed an application to While you can ask us in your comment
building,an advance appointment to purchase the above-described 90.00 to withhold your personal identifying
review the docket file must be acres of public land which has been information from public review,we
i
f
Vy