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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Notices projections must be based on each quarters expected performance beginning with the quarter funds are available to the grantee and continuing each quarter until all funds are expended. The projections will enable HUD, the public, and the grantee to track proposed versus actual performance. The projections must also be clearly and conspicuously displayed on the grantees website. If a grantees performance indicates a pattern of deviation from projected expenditures and outcomes, HUD may review the grantees capacity assessment and implementation plan and require an update to that plan or impose corrective actions to mitigate the risks associated with failure to meet projections. The published action plan must be amended for any subsequent changes, updates, or revision of the projections. Guidance on the preparation of projections is available here: https
www.hudexchange.info/resource/5734/
cdbg-dr-grantee-projections-ofexpenditures-and-outcomes/.
V.A.3. Citizen participation waiver and alternative requirement. To permit a more robust process and ensure that electrical power system improvement activities are developed through methods that allow all stakeholders to participate, and because citizens that are continuing to recover from disasters are best suited to ensure that grantees will be advised of any missed opportunities and additional risks that need to be addressed, provisions of 42 U.S.C.
5304a2 and 3, 42 U.S.C. 12707, 24
CFR 570.486, 24 CFR 91.105b and c, and 24 CFR 91.115b and c, with respect to citizen participation requirements, are waived and replaced by the requirements below. The grantee is required to provide a reasonable opportunity at least 45 days for citizen comment and ongoing citizen access to information about the use of grant funds. The revised citizen participation requirements for this notice include sections V.A.3.a to V.A.3.e. below.
V.A.3.a. Publication of the action plan and opportunity for public comment.
HUD continues to emphasize the importance of a robust citizen participation process, which shall include at least two public hearings on the proposed action plan. The grantee must either amend its existing citizen participation plan or adopt a new plan that incorporates the electrical power system improvements through CDBG
DR funds with the specific citizen participation requirements outlined in this section. At least one of these public hearings is to occur prior to a grantees publication of its action plan on its website for public comment, and unless
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the grantee conducts a virtual hearing pursuant to section V.A.3.b. below, all hearings are to be convened at different locations that reflect geographic balance and ensure maximum accessibility.
Before the grantee submits the action plan for this grant to HUD or any substantial amendment to the action plan as provided in section V.A.2.d. of this notice, the grantee will publish the proposed action plan or amendment.
The manner of publication must include prominent posting on the grantees official website and must afford citizens, affected local governments, and other interested parties a reasonable opportunity to examine the plan or amendments contents. The topic of electrical power system improvements, as part of the grantees broader disaster recovery efforts, must be navigable by citizens from the grantees or relevant agencys homepage.
Grantees are also encouraged to notify affected citizens through electronic mailings, press releases, statements by public officials, media advertisements, public service announcements, and/or contacts with neighborhood organizations. Grantees should also consider recording public hearings and making them available online for live viewing and creating archival video of the public meetings on the grantees website. Plan publication efforts and public hearings must comply with civil rights requirements, including meeting the effective communications requirements under Section 504 of the Rehabilitation Act see, 24 CFR 8.6 and the Americans with Disabilities Act see 28 CFR 35.160; and must provide meaningful access for persons with Limited English Proficiency LEP see HUDs LEP Guidance, 72 FR 2732
2007.
Grantees are responsible for ensuring that all citizens have equal access to information about the CDBGDR
programs, including persons with disabilities and persons with limited English proficiency LEP. Each grantee must ensure that electrical power system improvement funding and program information is available in the appropriate languages for the geographic areas to be served see HUDs LEP
Guidance, March 16, 2007, 72 FR 2732
and take appropriate steps to ensure effective communications with persons with disabilities under Section 504 see, 24 CFR 8.6 and the Americans with Disabilities Act see 28 CFR 35.106.
Since grantees receiving CDBGDR
funds may make grants throughout the state, including to Entitlement communities, grantees should carefully evaluate the needs of persons with disabilities and those with limited
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English proficiency. In assessing its language needs for translation of notices and other vital documents for nonEnglish speaking residents, the grantee should consult the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI, Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published on January 22, 2007, in the Federal Register 72 FR 2732 and at: https www.lep.gov/sites/lep/files/
resources/HUD_guidance_Jan07.pdf.
V.A.3.b. Clarification on public hearings and consideration of public comments. Public hearings required by this notice may include virtual public hearings alone, or in concert with an in-person hearing if the virtual hearing allows for questions in real time, with answers coming directly from the grantees representatives to all attendees, subject to the requirements of this paragraph. Virtual hearings provide grantees with additional flexibility in the implementation of CDBGDR funds during the Coronavirus Disease COVID19 pandemic to enable social distancing during the public health emergency. Grantees subject to this notice may hold virtual hearings in lieu of in-person public hearings to fulfill the public hearing requirements in section V.A.3.a. of this notice.
For each virtual hearing, the grantee shall provide reasonable notification and access for citizens in accordance with the grantees certifications, timely responses to all citizen questions and issues, and public access to all questions and responses.
The grantee must consider all comments, received orally or in writing, on the action plan or any substantial amendment. A summary of these comments or views, and the grantees response to each must be submitted to HUD with the action plan or substantial amendment. Grantee responses shall address the substance of the comment rather than merely acknowledge that the comment was received.
V.A.3.c. Public website. HUD is requiring grantees to maintain a public website which provides information accounting for how all CDBGDR funds for electrical power system improvements are used, managed, and administered, including links to all action plans, action plan amendments, performance reports, CDBGDR citizen participation requirements, and activity/
program information for activities described in the action plan, including details of all contracts and ongoing procurement policies. To meet this requirement, each grantee must make the following items available on its website: The action plan including all
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