Sec. 709. Community Development Fund
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Out of funds of the Treasury not otherwise appropriated, there is appropriated to the Community Development Fund of the Department of Housing and Urban Development $48,000,000,000 for fiscal year 2018, to remain available until expended, for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas that are covered disaster areas, of which $46,000,000,000 shall be for such areas in Puerto Rico and $2,000,000,000 shall be for such areas in the Virgin Islands: , That funds shall be awarded directly to the State or unit of general local government at the discretion of the Secretary of Housing and Urban Development (referred to in this section as the Provided Secretary ): , That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined in section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( Provided further 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: , That prior to the obligation of funds a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas:
Provided further , That such funds may not be used for activities reimbursable by, or for which funds are made available by, the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further , That funds allocated under this section shall not be considered relevant to the non-disaster formula allocations made under section 106 of the Housing and Community Development Act of 1974 ( Provided further 42 U.S.C. 5306 ): , That a State, subdivision thereof, or unit of general local government may use not more than 5 percent of its allocation for administrative costs:
Provided further That in administering the funds under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974:
Provided further, , That, notwithstanding the preceding proviso, recipients of funds provided under this section that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( Provided further 42 U.S.C. 5121 et seq.) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval, or permit: , That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 ( Provided further 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this section if the recipient has adopted an environmental review, approval, or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.): , That the Secretary shall publish via notice in the Federal Register any waiver, or alternative requirement, to any statute or regulation that the Secretary administers under title I of the Housing and Community Development Act of 1974 not later than 5 days before the effective date of the waiver or alternative requirement:
Provided further , That of the amounts made available under this section, not more than $10,000,000 may be transferred, in aggregate, to Provided further Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts under this section.
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Sec. 709
Community Development Fund
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