2017 C OMMISSIONER S ID M ILLER DRs Goal and Requirements - - PDF document

3/9/2017 1

COMMISSIONER SID MILLER

TxCDBG

Disaster Relief Fund

PROGRAM YEAR (PY)

2017

COMMISSIONER SID MILLER

DR’s Goal and Requirements

• Addresses HUD’s “Urgent Need” National

Program Objective.

• Applicants must demonstrate lack of local

financial capacity to handle the situation on their

• wn.
• Only repair/replacement of existing facilities is

eligible (except in Drought).

COMMISSIONER SID MILLER

• Federal Declarations – TxCDBG provides

the county or city’s source of funds for the FEMA required 25% match.

• State Declarations – TxCDBG is the only

source of disaster relief assistance for eligible counties & cities.

Eligibility

3/9/2017 2

COMMISSIONER SID MILLER

Application Deadline

• First come/first served when DR funds

available.

• Funds are available as needed until funds

are depleted during a program year.

• At this time, the earliest that a DR

application can be submitted is March 31, 2017.

• Applications submitted prior to March 31

will be considered received March 31.

COMMISSIONER SID MILLER

If needed in the ranking of applications based on available funds, a tie between multiple applications shall be broken as follows: 1. percentage of low- to moderate-income beneficiaries, with a higher percentage LMI ranking higher, 2. (if needed) applicant’s poverty rate, with the highest poverty rate ranking higher, 3. (if needed) applicant’s annual unemployment rate , with the highest annual unemployment rate ranking higher.

Tie-Breaker

COMMISSIONER SID MILLER

• All application forms, fully completed;
• A passed/adopted Local Government Resolution authorizing

submission of the application;

• A complete TDEM Preliminary Damage Assessment and/or

FEMA Project Worksheet, signed by all appropriate parties or authorized representatives of the issuing agency and the applicant locality;

• Evidence of compliance with the TxCDBG Citizen Participation

Plan including the Public Hearing Notice;

• Most recent Annual Audit
• Current SAM.gov registration
• See the checklist on page 32 of Application Guide.

Complete Applications only

3/9/2017 3

COMMISSIONER SID MILLER

Eligible Applicants

• Non-entitlement cities - populations less than 50,000

thousand persons;

– Cities that are not designated as a central city of a metropolitan statistical area; or – Cities that are not participating in urban county programs.

• Non-entitlement counties generally have fewer than

200,000 persons in the non-entitlement cities and unincorporated areas located in the county.

COMMISSIONER SID MILLER

Beneficiary Identification Methods

• Low-and-Moderate Income Summary Data
• TxCDBG Survey

– Types:

• Census
• Simple Random Sample

COMMISSIONER SID MILLER

Number and Types of Applications

An eligible locality can submit

• ne application per disaster declaration.

3/9/2017 4

COMMISSIONER SID MILLER

TxCDBG Eligible Activities

• See Page 5 of 53 in the 2017 DR Application

Guide for eligible and ineligible activities.

• Section 105(a) of the federal Housing and

Community Development Act of 1974. Activities eligible under the Disaster Relief and Urgent Need Funds are the same as those under the TxCDBG program. (Generally no new infrastructure, except as dictated under a drought disaster).

COMMISSIONER SID MILLER

Ineligible Activities

• Construction of public facilities that did not

exist prior to the disaster

• Work that is already completed
• Short-term solution to a problem
• Reimbursement of manpower costs expended

with early temporary repairs.

• Funds are funds of last resort.
• See Page 5 of 53 in the 2017 DR Application

Guide for eligible and ineligible activities.

COMMISSIONER SID MILLER

• Must be submitted in writing and receives

prior approval from TxCDBG.

• Only costs incurred after passage of the

governing body resolution authorizing the preparation and submission of the DR application may be requested under the pre- agreement strategy.

Pre-agreement

3/9/2017 5

COMMISSIONER SID MILLER

• Applicant must contact TDEM/FEMA
• TDA will coordinate with TDEM/FEMA.
• The documentation (worksheets) must be completed

/signed by all parties according to the agency’s formal (written) policies.

• If the applicant has requested but is unable to obtain such

documentation from FEMA or TDEM, the applicant must request authorization to seek damage confirmation and cost estimate information from a qualified, third party entity. This documentation will not be accepted with an application unless prior written approval was obtained from TDA.

Evidence of disaster-related damage

COMMISSIONER SID MILLER

• A Governor’s Proclamation of Drought

Disaster

• TCEQ posting that the water system has 180

days or less water supply

• An engineer certified Table 2 from an engineer
• r engineering firm that will not be associated

with the design or construction of the proposed project

Drought Disaster

COMMISSIONER SID MILLER

“Exempt” level of environmental review (per 24 CFR 58.34) must still receive an abbreviated environmental review and

• clearance. Exempt include:

– Administrative and management activities; – Engineering or design costs; – Permanent improvements that do not alter environmental conditions and are limited to protection, repair, or restoration activities necessary

• nly to control or arrest the effects from disasters or

imminent threats to public safety including those resulting from physical deterioration.

Environmental Review Requirements

3/9/2017 6

COMMISSIONER SID MILLER Category of exempt review activities must include documentation of the imminent threat to public safety, and may not be used for:

• projects that are located in a known critical habitat for

endangered species, an historic property, or a known hazardous site;

• projects that alter a building’s footprint, enlarge or

relocate a facility, or change the use of a facility; or

• projects that include improvements to structures which

are located in a floodplain. The term “structures” does not include roads or underground utilities.

Exempt Continued…

COMMISSIONER SID MILLER

• Projects that will be reviewed under

Categorically Excluded Subject to 58.5

• r Environmental Assessment

requirements must not begin any work

• r obligate funds for the project prior to

receiving environmental clearance through TDA.

If not Exempt, then…

COMMISSIONER SID MILLER

Basic Application Components

See and Use Application Checklist Provided.

• Carefully read the list of required attachments and

application forms located in the Application Guide.

• Check off (initial) each completed item.
• Minimize the likelihood of serious deficiencies or

disqualification.

3/9/2017 7

COMMISSIONER SID MILLER

Application Components Often Forgotten… See checklist:

• Published hearing notice or Publisher’s Affidavit w/copy of notice
• Published notice of application activities & availability for public review or

Publisher’s Affidavit and copy of notice

• Listing of the local service providers that were sent the written notification of

the public hearing

• Project Map documenting the Benefit area
• Census Maps for documenting the Benefit area when using Census data to

qualify for LMI

• FEMA Floodplain Map
• Documentation supporting Low‐to‐Moderate Income beneficiaries
• Evidence of active SAM Registration
• Most recent Annual Audit
• A303 Exemption Determination ‐Categorically Excluded Not Subject to Section

58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b)

• Pre‐Agreement Request letter (if applicable)
• FEMA Project Worksheets with signatures
• TDEM Preliminary Damage Assessment (PDA) Worksheet
• Disaster Summary Outline (DSO)
• Copy of Governor’s Proclamation or Presidential Declaration
• Application Review Checklist

COMMISSIONER SID MILLER

Texas Department Agriculture

Trade and Business Development Division Office of Rural Affairs 1700 N. Congress Avenue Suite 220 Austin, Texas 78701 P.O. Box 12847 Austin, Texas 78711 Phone: 512-936-6701 www.texasagricultue.gov joe.midura@texasagriculture.gov

(512) 936-7880