Extension and Expansion of HUD's Implementation Guidance for Section 901 of the Emergency Supplemental Appropriations To Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006, as Revised by Section 11003 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 To Include Calendar Years 2008 and 2009 Program Funds, 57696-57698 [E9-26864]

Download as PDF 57696 Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices Agency form numbers, if applicable: 90000, 90001, 90002 Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response: The number of burden hours is 50. The number of respondents is 15, the number of responses is 35, the frequency of response is on occasion, and the burden hour per response is 6. Status of the proposed information collection: This is a new collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: November 3, 2009. Ronald Y. Spraker, Acting General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner. [FR Doc. E9–26871 Filed 11–6–09; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5281–N–86] Notice of Submission of Proposed Information Collection to OMB; Emergency Comment Request; Public Housing Assessment System— Management Operations Certification mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Office of the Chief Information Officer. ACTION: Notice of proposed information collection. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments Due Date: November 23, 2009. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments must be received within fourteen (14) days from the date of this Notice. Comments should refer to the proposal by name/or OMB approval number and should be sent to: Mr. Ross A. Rutledge, HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; e-mail: Ross_A._Rutledge@omb.eop.gov; fax: (202)395–5806. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; VerDate Nov<24>2008 16:52 Nov 06, 2009 Jkt 220001 e-mail: Lillian.L.Deitzer@hud.gov; telephone (202) 402–8048. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer. SUPPLEMENTARY INFORMATION: This Notice informs the public that the U.S. Department of Housing and Urban Development (HUD) has submitted to OMB, for emergency processing, a proposed information collection for the Public Housing Assessment System— Management Operations Certification. This notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) enhance the quality, utility, and clarity of the information to be collected; and (4) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology; e.g., permitting electronic submission of responses. This Notice Also Lists the Following Information Title of Proposal: Public Housing Assessment System—Management Operations Certification. Description of Information Collection: This is a reinstatement of a discontinued collection. HUD assesses all of the management operations data required under section 6(j) of the Act in a format comprising six sections or subindicators. The PHAS regulation requires that all management operations data be submitted electronically to HUD, in a HUD prescribed format. HUD uses the management data it collects from program participants to evaluate all major areas of a participant’s management operations. The management data are evaluated using predetermined weights and factors to compute an indicator score for the management operations of each reporting entity. HUD uses this score with three other PHAS component scores (i.e., physical condition, financial condition and resident services) to produce an overall PHAS score for each PHA. The overall score determines if a PHA’s performance is high, standard, or troubled. OMB Control Number: 2535–0106. Agency Form Numbers: HUD–50072. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Members of Affected Public: PHAs, State or Local government. Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of responses, and hours of responses: The estimated number of respondents is an annual average of 3,174 PHAs that submit management operations certification. The average number for each PHA response varies by size of the PHA, with a total reporting burden of 3,644 hours, or an average of 1.15 hours per respondent. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: November 2, 2009. Lillian Deitzer, Departmental Reports Management Officer, Office of the Chief Information Officer. [FR Doc. E9–26866 Filed 11–6–09; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5067–N–05] Extension and Expansion of HUD’s Implementation Guidance for Section 901 of the Emergency Supplemental Appropriations To Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006, as Revised by Section 11003 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 To Include Calendar Years 2008 and 2009 Program Funds AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice. SUMMARY: This notice supplements four earlier notices published in the Federal Register that provided guidance to public housing agencies (PHAs) on implementing the authority provided to HUD by section 901 of the ‘‘Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza Act, 2006’’ (Pub. L. 109–148, December 30, 2005) to allow PHAs in the most heavily impacted areas of Louisiana and Mississippi affected by Hurricanes Katrina and Rita to combine Housing Choice Voucher and public housing operating and capital funds to assist families who were receiving housing assistance under the U.S. Housing of 1937 immediately prior to Hurricanes Katrina or Rita and were displaced from their housing by the hurricanes. Section 901 assists PHAs to flexibly and E:\FR\FM\09NON1.SGM 09NON1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices efficiently facilitate disaster recovery in those areas to benefit the formerly assisted and displaced families. Such authority was initially provided for calendar years 2006 and 2007, and later extended through calendar years 2008 and 2009 by section 11003 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. L. 110– 329). On December 17, 2008, HUD published a Federal Register notice advising eligible PHAs to submit Fungibility Plans for CY 2008 Section 901 fungibility no later than January 31, 2009. Eligible PHAs with a continued need for assisting families who were receiving housing assistance under the 1937 Housing Act immediately prior to Hurricane Katrina or Rita and were displaced from their housing by the hurricanes and are interested in using authority provided under the extended Section 901 authority must submit a 2009 Notice of Intent and Fungibility Plan in accordance with the July 28, 2006, October 30, 2006, and August 6, 2007 Federal Register notices. Further information on the required contents of 2009 Fungibility Plans, funds management, eligible activities, reporting, and HUD processing of CY 2009 Section 901 fungibility will be posted to the Office of Public and Indian Housing Web site at http:// www.hud.gov/offices/pih. DATES: Eligible PHAs must submit their Calendar Year 2009 Notices of Intent and Fungibility Plans no later than November 30, 2009. FOR FURTHER INFORMATION CONTACT: For technical assistance and other questions concerning the Notice of Intent and Section 901 Fungibility Plan, PHAs should contact their local HUD Public Housing Hub in New Orleans, Louisiana, or Jackson, Mississippi; or Bessy Kong, Deputy Assistant Secretary for Policy, Program, and Legislative Initiatives, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4116, Washington, DC 20410–5000, telephone 202–402–2548 (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at 800–877–8339. Environmental Review This Notice provides operating instructions and procedures in connection with activities under HUD’s notice FR–5067–N–01 (July 28, 2006), for which a Finding of No Significant Impact was prepared. Accordingly, VerDate Nov<24>2008 16:52 Nov 06, 2009 Jkt 220001 under 24 CFR 50.19(c)(4), this Notice is categorically excluded from environmental review under the Environmental Policy Act of 1969 (42 U.S.C. 4321). On July 28, 2006, HUD published notice FR– 5067–N–01 (71 FR 42996) entitled, ‘‘Implementation Guidance for Section 901 of the Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006.’’ This Notice provided interested PHAs submission requirements including a Notice of Intent to invoke flexibility and a detailed Section 901 Fungibility Plan. Section 901 of the supplemental appropriations act authorizes HUD to allow PHAs to combine assistance provided under sections 9(d) and 9(e) of the United States Housing Act of 1937 (Act) and assistance provided under section 8(o) of the Act, for the purpose of facilitating the prompt, flexible and efficient use of funds provided under these sections of the Act to assist families who were receiving housing assistance under the Act immediately prior to Hurricane Katrina or Rita and were displaced from their housing by the hurricanes. Section V.A. of the July 28, 2006 notice, entitled, ‘‘General Procedures for Combining Public Housing and Voucher Funds under Section 901,’’ provided instructions for PHAs interested in implementing the flexibility in funding authorized in Section 901. On October 30, 2006, HUD published notice FR–5067–N–02 (71 FR 63340) extending the period for eligible public housing agencies (PHAs) located within the most heavily impacted areas of Louisiana and Mississippi that are subject to a declaration by the President of a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with Hurricanes Katrina or Rita to submit Notices of Intent and Fungibility Plans in accordance with the July 28, 2006, notice. In addition to extending the PHA submission deadline, the October 30, 2006 Notice removed the restriction that the combined funding may not be spent for uses under the Housing Choice Voucher program. On August 6, 2007, HUD published notice FR–5067–N–03 (72 FR 43657) extending Section 901 fungibility through Calendar Year 2007 pursuant to section 4803 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act (Pub. L. 110–28, May 25, 2007). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 57697 This Notice revises the earlier notices to incorporate the extension of Section 901 fungibility from calendar year (CY) 2007 to calendar years 2006, 2007, 2008, and 2009 as authorized by section 11003 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. L. 110– 329). As noted earlier in this notice, eligible PHAs interested in combining (CY) 2009 funds must submit a 2009 Notice of Intent and Fungibility Plan in accordance with the July 28, 2006 and subsequent Federal Register notices. The plans must describe in detail the source programs from which funding will be provided, the end program for which funds will be used, and the specific activities to be implemented and how they will directly assist families that were receiving housing assistance under the 1937 Housing Act before Hurricanes Katrina and Rita, and who were displaced from their housing as a result of the hurricanes. The 2009 plans must provide detailed information to identify formerly assisted and displaced families by program, program status, and former residence. Families that were evacuated as a result of the hurricanes and returned to their original, habitable housing unit are not considered displaced. In 2009, HUD will not accept plans to use Section 901 fungibility to develop new housing units for populations that do not meet the definition of families that were formerly assisted under the 1937 Housing Act immediately prior to Hurricanes Katrina and Rita and that were displaced from their housing by the hurricanes. Further, HUD will not accept plans for new unit development, other than for units that will be placed under project-based voucher (PBV) contracts under the Housing Choice Voucher program and/or public housing units that will come under a public housing Annual Contributions Contract (ACC). Fungibility plans for using Section 901 flexibility to support the cost of developing and constructing new units must include preliminary development proposals that describe the legal and business relationships of all participating entities and the PHA, the number and specific type of housing units supported with Section 901 funds that will be placed under Annual Contributions Contracts (ACCs) or Housing Choice Voucher (HCV) projectbased contracts, the proposed site, site plan, and neighborhood; all financing including sources and uses, and a preliminary development/construction cost estimate based on schematic drawings and outline specifications. E:\FR\FM\09NON1.SGM 09NON1 57698 Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices HUD approvals of Fungibility Plans may be contingent upon the PHA later providing final development documents that include, but are not limited to tenyear operating pro formas including underlying assumptions, financing documents, feasibility analyses, life cycle analyses, schematic drawings and building designs, final development and construction cost estimates. The 2006 Section 901 implementation notice also sets forth accounting requirements for Section 901 flexibility, which require separate accounting by source year (2006, 2007, 2008, and 2009), and the creation of a separate column on the Financial Data Schedule (FDS). The notice also specifies time periods for completion of activities approved under Section 901. Further information on HUD processing of CY 2009 Section 901 flexibility may be found in the PIH notices section of the Office of Public and Indian Housing Web site at: http://www.hud.gov/offices/ pih. 2009 Notices of Intent and Fungibility Plans should be dated and submitted to the following addresses and contacts, as listed in the July 28, 2006, notice: PHAs should submit one copy to the Public Housing Director of the HUD office in New Orleans, Louisiana or Jackson, Mississippi, as applicable, and the original to HUD Headquarters, Office of Public and Indian Housing, Office of Policy, Program, and Legislative Initiatives, 451 Seventh Street, SW., Room 4116, Washington, DC 20410– 5000, Attention: Bessy Kong/Sherry McCown. To expedite HUD processing, electronic copies of the original, signed Notices of Intent and Fungibility Plans should be directed to the following email address: sherry.fobearmccown@hud.gov. States concurrent criminal jurisdiction over federally-owned and controlled lands and waters administered by the National Park Service within Chiricahua National Monument, Coronado National Memorial and Fort Bowie National Historic Site in Cochise County, Arizona. FOR FURTHER INFORMATION CONTACT: Superintendent, Southeast Arizona Group, 4101 East Montezuma Canyon Road, Hereford, AZ 85615, or (520) 366– 5515. SUPPLEMENTARY INFORMATION: Under Arizona Revised Statutes Title 37 Section 620, the governor of the State, upon receipt of a written request from the United States, may cede concurrent criminal jurisdiction over federal lands to the United States. On April 23, 2009, the Honorable Janice K. Brewer, Governor of the State of Arizona, ceded concurrent jurisdiction to the United States for all lands and waters owned or to be acquired by the National Park Service within the authorized boundaries of Chiricahua National Monument, Coronado National Memorial, and Fort Bowie National Historic Site. On September 22, 2009, Dan Wenk, Acting Director of the National Park Service, under the authority granted in Title 40 United States Code, Section 3112, accepted the cession of jurisdiction from the State of Arizona. Dated: November 2, 2009. Sandra B. Henriquez, Assistant Secretary for Public and Indian Housing, Rodger Boyd, Deputy Assistant Secretary for Office of Native American Programs. [FR Doc. E9–26864 Filed 11–6–09; 8:45 am] U.S. Geological Survey BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR mstockstill on DSKH9S0YB1PROD with NOTICES National Park Service Acceptance of Concurrent Jurisdiction AGENCY: National Park Service, Department of the Interior. ACTION: Notice. SUMMARY: The National Park Service (NPS) has accepted conveyance from the State of Arizona on behalf of the United VerDate Nov<24>2008 16:52 Nov 06, 2009 Jkt 220001 Dated: October 14, 2009. Rick Obernesser, Acting Associate Director, Visitor and Resource Protection, National Park Service. [FR Doc. E9–26944 Filed 11–6–09; 8:45 am] BILLING CODE 4312–CP–P DEPARTMENT OF THE INTERIOR Agency Information Collection Activities: Comment Request for the Comprehensive Test Ban Treaty AGENCY: U.S. Geological Survey (USGS), Interior. ACTION: Notice of an extension of an information collection (1028–0059). SUMMARY: We (the U.S. Geological Survey) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995, and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on July 31, PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 2010. We may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. DATES: To ensure that we are able to consider your comments on this IC we must receive them on or before January 8, 2010. ADDRESSES: Please submit a copy of your comments to Phadrea Ponds, Information Collection Clearance Officer, U.S. Geological Survey, 2150–C Centre Avenue, Fort Collins, CO 80526– 8118 (mail); 970–226–9444 (phone); 970–226–9230 (fax); or pponds@usgs.gov (e-mail). Please reference Information Collection 1028– 0059 in the subject line. FOR FURTHER INFORMATION CONTACT: Lori E. Apodaca at 703–648–7724 or by mail at U.S. Geological Survey, 989 National Center, 12201 Sunrise Valley Drive, Reston, VA 20192. SUPPLEMENTARY INFORMATION: I. Abstract The collection of this information is required by the Comprehensive Test Ban Treaty (CTBT), and will provide the CTBT Technical Secretariat with geographic locations of sites where chemical explosions greater than 300 tons TNT-equivalent have occurred. Respondents to the information collection request are U.S. nonfuel minerals producers. II. Data OMB Control Number: 1028–0059. Title: Comprehensive Test Ban Treaty. Type of Request: Extension of a currently approved collection. Affected Public: U.S. nonfuel minerals producers. Respondent Obligation: Voluntary. Frequency of Collection: Annually. Estimated Number of Annual Responses: 2,100. Annual Burden Hours: 525 hours. We expect to receive 2,100 annual responses. We estimate an average of 15 minutes per response. This includes the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the information. Estimated Reporting and Recordkeeping ‘‘Non-Hour Cost’’ Burden: We have not identified any ‘‘non-hour cost’’ burdens associated with this collection of information. Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Notices]
[Pages 57696-57698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26864]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5067-N-05]


Extension and Expansion of HUD's Implementation Guidance for 
Section 901 of the Emergency Supplemental Appropriations To Address 
Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006, as 
Revised by Section 11003 of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 To Include Calendar 
Years 2008 and 2009 Program Funds

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice supplements four earlier notices published in the 
Federal Register that provided guidance to public housing agencies 
(PHAs) on implementing the authority provided to HUD by section 901 of 
the ``Emergency Supplemental Appropriations to Address Hurricanes in 
the Gulf of Mexico and Pandemic Influenza Act, 2006'' (Pub. L. 109-148, 
December 30, 2005) to allow PHAs in the most heavily impacted areas of 
Louisiana and Mississippi affected by Hurricanes Katrina and Rita to 
combine Housing Choice Voucher and public housing operating and capital 
funds to assist families who were receiving housing assistance under 
the U.S. Housing of 1937 immediately prior to Hurricanes Katrina or 
Rita and were displaced from their housing by the hurricanes. Section 
901 assists PHAs to flexibly and

[[Page 57697]]

efficiently facilitate disaster recovery in those areas to benefit the 
formerly assisted and displaced families. Such authority was initially 
provided for calendar years 2006 and 2007, and later extended through 
calendar years 2008 and 2009 by section 11003 of the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 2009 
(Pub. L. 110-329). On December 17, 2008, HUD published a Federal 
Register notice advising eligible PHAs to submit Fungibility Plans for 
CY 2008 Section 901 fungibility no later than January 31, 2009.
    Eligible PHAs with a continued need for assisting families who were 
receiving housing assistance under the 1937 Housing Act immediately 
prior to Hurricane Katrina or Rita and were displaced from their 
housing by the hurricanes and are interested in using authority 
provided under the extended Section 901 authority must submit a 2009 
Notice of Intent and Fungibility Plan in accordance with the July 28, 
2006, October 30, 2006, and August 6, 2007 Federal Register notices. 
Further information on the required contents of 2009 Fungibility Plans, 
funds management, eligible activities, reporting, and HUD processing of 
CY 2009 Section 901 fungibility will be posted to the Office of Public 
and Indian Housing Web site at http://www.hud.gov/offices/pih.

DATES: Eligible PHAs must submit their Calendar Year 2009 Notices of 
Intent and Fungibility Plans no later than November 30, 2009.

FOR FURTHER INFORMATION CONTACT: For technical assistance and other 
questions concerning the Notice of Intent and Section 901 Fungibility 
Plan, PHAs should contact their local HUD Public Housing Hub in New 
Orleans, Louisiana, or Jackson, Mississippi; or Bessy Kong, Deputy 
Assistant Secretary for Policy, Program, and Legislative Initiatives, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4116, Washington, DC 20410-
5000, telephone 202-402-2548 (this is not a toll-free number). Persons 
with hearing or speech impairments may access this number via TTY by 
calling the toll-free Federal Information Relay Service at 800-877-
8339.

Environmental Review

    This Notice provides operating instructions and procedures in 
connection with activities under HUD's notice FR-5067-N-01 (July 28, 
2006), for which a Finding of No Significant Impact was prepared. 
Accordingly, under 24 CFR 50.19(c)(4), this Notice is categorically 
excluded from environmental review under the Environmental Policy Act 
of 1969 (42 U.S.C. 4321).

SUPPLEMENTARY INFORMATION: On July 28, 2006, HUD published notice FR-
5067-N-01 (71 FR 42996) entitled, ``Implementation Guidance for Section 
901 of the Emergency Supplemental Appropriations to Address Hurricanes 
in the Gulf of Mexico, and Pandemic Influenza Act, 2006.'' This Notice 
provided interested PHAs submission requirements including a Notice of 
Intent to invoke flexibility and a detailed Section 901 Fungibility 
Plan. Section 901 of the supplemental appropriations act authorizes HUD 
to allow PHAs to combine assistance provided under sections 9(d) and 
9(e) of the United States Housing Act of 1937 (Act) and assistance 
provided under section 8(o) of the Act, for the purpose of facilitating 
the prompt, flexible and efficient use of funds provided under these 
sections of the Act to assist families who were receiving housing 
assistance under the Act immediately prior to Hurricane Katrina or Rita 
and were displaced from their housing by the hurricanes. Section V.A. 
of the July 28, 2006 notice, entitled, ``General Procedures for 
Combining Public Housing and Voucher Funds under Section 901,'' 
provided instructions for PHAs interested in implementing the 
flexibility in funding authorized in Section 901.
    On October 30, 2006, HUD published notice FR-5067-N-02 (71 FR 
63340) extending the period for eligible public housing agencies (PHAs) 
located within the most heavily impacted areas of Louisiana and 
Mississippi that are subject to a declaration by the President of a 
major disaster under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act in connection with Hurricanes Katrina or Rita 
to submit Notices of Intent and Fungibility Plans in accordance with 
the July 28, 2006, notice. In addition to extending the PHA submission 
deadline, the October 30, 2006 Notice removed the restriction that the 
combined funding may not be spent for uses under the Housing Choice 
Voucher program.
    On August 6, 2007, HUD published notice FR-5067-N-03 (72 FR 43657) 
extending Section 901 fungibility through Calendar Year 2007 pursuant 
to section 4803 of the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery, and Iraq Accountability Appropriations Act (Pub. L. 110-28, 
May 25, 2007).
    This Notice revises the earlier notices to incorporate the 
extension of Section 901 fungibility from calendar year (CY) 2007 to 
calendar years 2006, 2007, 2008, and 2009 as authorized by section 
11003 of the Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Pub. L. 110-329).
    As noted earlier in this notice, eligible PHAs interested in 
combining (CY) 2009 funds must submit a 2009 Notice of Intent and 
Fungibility Plan in accordance with the July 28, 2006 and subsequent 
Federal Register notices. The plans must describe in detail the source 
programs from which funding will be provided, the end program for which 
funds will be used, and the specific activities to be implemented and 
how they will directly assist families that were receiving housing 
assistance under the 1937 Housing Act before Hurricanes Katrina and 
Rita, and who were displaced from their housing as a result of the 
hurricanes. The 2009 plans must provide detailed information to 
identify formerly assisted and displaced families by program, program 
status, and former residence. Families that were evacuated as a result 
of the hurricanes and returned to their original, habitable housing 
unit are not considered displaced. In 2009, HUD will not accept plans 
to use Section 901 fungibility to develop new housing units for 
populations that do not meet the definition of families that were 
formerly assisted under the 1937 Housing Act immediately prior to 
Hurricanes Katrina and Rita and that were displaced from their housing 
by the hurricanes. Further, HUD will not accept plans for new unit 
development, other than for units that will be placed under project-
based voucher (PBV) contracts under the Housing Choice Voucher program 
and/or public housing units that will come under a public housing 
Annual Contributions Contract (ACC). Fungibility plans for using 
Section 901 flexibility to support the cost of developing and 
constructing new units must include preliminary development proposals 
that describe the legal and business relationships of all participating 
entities and the PHA, the number and specific type of housing units 
supported with Section 901 funds that will be placed under Annual 
Contributions Contracts (ACCs) or Housing Choice Voucher (HCV) project-
based contracts, the proposed site, site plan, and neighborhood; all 
financing including sources and uses, and a preliminary development/
construction cost estimate based on schematic drawings and outline 
specifications.

[[Page 57698]]

HUD approvals of Fungibility Plans may be contingent upon the PHA later 
providing final development documents that include, but are not limited 
to ten-year operating pro formas including underlying assumptions, 
financing documents, feasibility analyses, life cycle analyses, 
schematic drawings and building designs, final development and 
construction cost estimates.
    The 2006 Section 901 implementation notice also sets forth 
accounting requirements for Section 901 flexibility, which require 
separate accounting by source year (2006, 2007, 2008, and 2009), and 
the creation of a separate column on the Financial Data Schedule (FDS). 
The notice also specifies time periods for completion of activities 
approved under Section 901. Further information on HUD processing of CY 
2009 Section 901 flexibility may be found in the PIH notices section of 
the Office of Public and Indian Housing Web site at: http://www.hud.gov/offices/pih.
    2009 Notices of Intent and Fungibility Plans should be dated and 
submitted to the following addresses and contacts, as listed in the 
July 28, 2006, notice: PHAs should submit one copy to the Public 
Housing Director of the HUD office in New Orleans, Louisiana or 
Jackson, Mississippi, as applicable, and the original to HUD 
Headquarters, Office of Public and Indian Housing, Office of Policy, 
Program, and Legislative Initiatives, 451 Seventh Street, SW., Room 
4116, Washington, DC 20410-5000, Attention: Bessy Kong/Sherry McCown. 
To expedite HUD processing, electronic copies of the original, signed 
Notices of Intent and Fungibility Plans should be directed to the 
following e-mail address: sherry.fobearmccown@hud.gov.

    Dated: November 2, 2009.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing, Rodger Boyd, Deputy 
Assistant Secretary for Office of Native American Programs.
[FR Doc. E9-26864 Filed 11-6-09; 8:45 am]
BILLING CODE 4210-67-P