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]
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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
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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;
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16:52 Nov 06, 2009
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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.
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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 https://
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
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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: https://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
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]]>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 https://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: https://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
