Texas Rebuilds
COMMUNITY DEVELOPMENT & REVITALIZATION
The Texas General Land Office - George P. Bush, Commissioner

Regulations

​​Since the disaster recovery program is federally funded, there are a number of laws and regulations that apply to the use of these funds.  In addition, there are a number of state and local laws and regulations that may apply to the use of funds.  Between the local, state and federal laws and regulations, the more restrictive laws or regulations must be followed. ​

Community Development Block Grant
The CDBG-DR funds are authorized under Title I of the Housing and Community Development Act of 1974, and CDBG regulations in 24 CFR Part 570 govern the use of CDBG-DR funds. The design and development of the disaster recovery program must meet the CDBG regulations in 24 CFR Part 570. For disaster recovery allocations HUD is given broad authority to grant waivers and additional requirements that are issued in the Federal Register notices. CDBG eligible activities are listed in the regulations. These eligible activities must meet at least one of the three national objectives: benefits persons of low and moderate income, aid in the prevention or elimination of slum or blight, or meet an urgent need. The CDBG regulations required the compliance of other applicable laws and regulations.
Fair Housing
Fair housing regulations work to prevent discrimination and provide further housing choices. These regulations require communities to affirmatively further fair housing (AFFH) and increase public awareness of fair housing laws. Communities must conduct all projects, whether housing, infrastructure, or economic development, in accordance with a fair housing plan. Read More...
Environmental Review
Before expending any funds an environmental review of any proposed projects needs to be completed in accordance with the National Environmental Policy Act (NEPA) and 24 CFR Part 58. The environmental review evaluates any potential environmental impacts of a project, and also provides an opportunity for members of the general public to comment on the information found in the review. Read More...
Labor Standards
The Davis-Bacon Act of 1931 (40 USC Part 3141 et seq.), requires that prevailing wages be paid to workers on federally funded public works projects. The Davis-Bacon and Related Acts (DBRA) applies to contractors and subcontractors constructing, altering, or repairing public buildings or public works with federal funds in excess of $2,000, or residential property containing more than eight housing units. Communities are responsible for administering and enforcing DBRA requirements when applicable.
Duplication of Benefits
The Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act) (42 U.S.C. 5121-5207) as amended, (Stafford Act) prohibits any person, business concern, or other entity from receiving financial assistance from CDBG Disaster Recovery funding with respect to any part of a loss resulting from a major disaster as to which it has already received financial assistance under any other program or from insurance or any other source. Any portion of the duplication of benefits that has been determined to be funds spent by on “Allowable Activities” will reduce the amount considered to be a duplication of benefits.
Procurement
Procurement is the process through which an entity obtains goods and services from vendors. The federal government has established a set of procurement rules that apply to CDBG-DR program funded projects. These rules are in place to ensure that federal dollars are spent fairly and encourage open competition for the best level of service and price. In addition, the State of Texas has procurement regulations that also apply to CDBG-DR contracts. If there is a conflict between federal and state laws regarding procurement, the more stringent law will apply.
Acquistion and Relocation
Acquisition of most real property interests needed for any activity that is funded, in whole or in part, with CDBG-DR funds must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq. (“URA”), and implementing federal government wide regulations found at 49 C.F.R. Part 24. The URA provides for uniform and equitable treatment of persons displaced from their homes, businesses, or farms resulting from rehabilitation, demolition, or private acquisition carried out under federally assisted programs, regardless of their income, and establishes equitable land acquisition policies.
Equal Opportunity
Equal opportunity regulations require grantees to take actions to ensure that no person or group is unfairly denied benefits such as employment, training, housing, or contracts generated by the program. The regulations also require grantees to include applicable equal opportunity provisions and certifications in the bid packages and contracts.
Accessibility
Accessibility laws and regulations have been enacted to prevent discrimination and ensure accessibility to individuals with disabilities. These laws ensure access to disaster recovery funding and that facilities constructed or rehabilitated with federal funds are built in accordance with accessibility standards. Read More...
Section 3
Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. 1701 u) requires the Land Office to ensure that training, employment and other economic opportunities generated by certain HUD financial assistance shall be directed, to the greatest extent feasible, and consistent with existing Federal, State and Local laws and regulations, to low- and very low-income persons. Recipients of Section 3-covered funding ensure compliance and the compliance of their contractors/subcontractors with the Section 3 requirements, as outlined in 24 CFR §135.32. Read More...