Redelegation of Authority to the Deputy Assistant Secretaries for Public and Indian Housing, 47231-47234 [2011-19728]
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
5. Solicit competitive proposals for
the management of all or part of public
housing administered by a PHA;
6. Approve special rent adjustments;
7. Conduct tax credit and/or subsidy
layering reviews;
8. Approve PHA requests for
exception payment standards that
exceed 120 percent of the fair market
rent (FMR); and
9. Approve grant extensions, unless
specifically or otherwise noted.
Approval of grant extensions under FSS
and ROSS may be extended by Public
Housing Directors. Extensions may be
made by Regional Public Housing
Directors for any length of time deemed
reasonable; denials of FSS and ROSS
extensions remain with the Deputy
Assistant Secretary of the Office of
Public Housing Investments.
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Section E. Authority To Further
Redelegate
The authority not excepted herein
may be further redelegated, as
appropriate, by Regional Public Housing
Directors to Public Housing Hub
Directors, Program Center Coordinators
and other ranking program officials on
site or out-stationed in accordance with
a written redelegation of authority. Such
subsequent redelegations may follow
the format presented herein or may be
a memorandum stating that specific
authority is hereby designated. Time
limits for such any further redelegated
authority may be added.
Section F. Actions Ratified
The Deputy Assistant Secretaries
hereby ratify all actions, including
limited denials of participation, but not
including actions that violate the 1937
Act, federal regulations or ACC
provisions, previously taken by
Regional Public Housing Directors, PIH
Hub Directors, Deputy Directors,
Program Center Coordinators, Division
Directors of Public Housing in HUD
Field Offices, under prior redelegations,
including those noted below, through
the effective date of this redelegation:
1. Federal Register Docket Number
4837–D–32 ‘‘Notice of Revocation and
Redelegation of Authority for Indian
and Alaska Native Programs’’, (68 FR
53197, published September 9, 2003
with an effective date of July 18, 2003)
revoked prior redelegations to the
Deputy Director for Headquarter
Operations and the Deputy for Field
Operations;
2. Federal Register Docket Number
4837–D–56 ‘‘Redelegation of Authority
Regarding Local Public Housing
Program Center Coordinators’’, (70 FR
1454, published January 7, 2005 with an
effective date of December 23, 2004)
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redelegated approval authority from the
Assistant Secretary for PIH for renewals
of designated housing plans pursuant to
section 7 of the United States Housing
Act of 1937. Approval of new
designated housing plans was not
redelegated.
3. Federal Register Docket Number
5076–D–13 ‘‘Delegation of Authority to
the Deputy Assistant Secretary for the
Office of Public Housing Investments’’,
(71 Federal Register 70783, published
December 6, 2006 with an effective date
of November 28, 2006) redelegated
authority from the Assistant Secretary to
Public Housing Field Office Directors to
execute amendments to the ACC
associated with proposals submitted by
PHAs pursuant to section 30, which
have been approved by either the
Assistant Secretary, General Deputy
Assistant Secretary, or the Deputy
Assistant Secretary of OPHI.
Section G. Authority Superseded
All previous redelegations of
authority to the Regional Public
Housing Directors are hereby revoked
and superseded, including the
‘‘Redelegation of Authority Regarding
Local Public Housing Program Center
Coordinators’’, published on January 7,
2005 (70 FR 1454).
Section H. Consultation and
Coordination With the General Counsel
The General Counsel shall consult
and advise the Assistant Secretary for
PIH, the General Deputy Assistant
Secretary, Deputy Assistant Secretaries,
Regional Public Housing Directors and
all others covered by this redelegation,
as required and when requested and
shall enter into such protocols as
administratively agreed to by the
General Counsel and the Assistant
Secretary for PIH or the General Deputy
Assistant Secretary. This consolidated
delegation of authority is to be exercised
consistently with the delegation from
the Secretary to the General Counsel.
Authority: Section 7 (d) of the Department
of Housing and Urban Development Act, as
amended, (42 U.S.C. 3535(d)).
Dated: July 15, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian
Housing.
[FR Doc. 2011–19729 Filed 8–3–11; 8:45 am]
BILLING CODE 4210–67–P
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47231
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5545–D–03]
Redelegation of Authority to the
Deputy Assistant Secretaries for
Public and Indian Housing
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of redelegation of
authority.
AGENCY:
Section 7(d) of the
Department of Housing and Urban
Development Act, as amended,
authorizes the Secretary to delegate
functions, powers, and duties as the
Secretary deems necessary. By separate
notice published in today’s Federal
Register, the Secretary delegates to the
Assistant Secretary for Public and
Indian Housing and the General Deputy
Assistant Secretary for Public and
Indian Housing authority for the
administration of certain Public and
Indian Housing (PIH) programs, and
authorizes the Assistant Secretary to
further redelegate such authority. In this
consolidated redelegation of authority
the Assistant Secretary for PIH
redelegates to the PIH Deputy Assistant
Secretaries authority for the
administration of certain PIH programs.
DATES: Effective Date: July 15, 2011.
FOR FURTHER INFORMATION CONTACT:
Linda Bronsdon, AICP, Program
Analyst, Office of Policy, Program and
Legislative Initiatives, Office of Public
and Indian Housing, Department of
Housing and Urban Development, 490
L’Enfant Plaza, Suite 2206, Washington,
DC 20024, e-mail address,
Linda.K.Bronsdon@hud.gov, telephone
number 202–402–3494. (This is not a
toll-free number.) This number may be
accessed through TTY by calling the
toll-free Federal Relay Service at
telephone number 1–800–877–8339.
SUPPLEMENTARY INFORMATION: By
separate notice published in today’s
Federal Register, the Secretary delegates
to the Assistant Secretary for Public and
Indian Housing and the General Deputy
Assistant Secretary for Public and
Indian Housing authority for the
administration of certain PIH programs,
and authorizes the Assistant Secretary
to further redelegate such authority. In
this consolidated redelegation of
authority, the Assistant Secretary for
PIH redelegates, through the General
Deputy Assistant Secretary for PIH, to
the Deputy Assistant Secretaries
authority for the administration of
certain PIH programs. All previous
delegations of authority from the
SUMMARY:
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47232
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
Assistant Secretary for PIH to PIH’s
Deputy Assistant Secretaries are hereby
revoked and superseded by this
consolidated redelegation of authority,
including the redelegation of authority
from the PIH General Deputy Assistant
Secretary to PIH’s Deputy Assistant
Secretaries published on January 13,
2009 (74 FR 1704). This consolidated
redelegation of authority implements, in
part, the Department’s Strategic Plan to
transform the way HUD does business.
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Section A. Authority Redelegated
The Assistant Secretary for PIH
hereby redelegates, through the General
Deputy Assistant Secretary for PIH, to
Deputy Assistant Secretaries for PIH the
following authorities:
1. Programs under the jurisdiction of
the Secretary carried out pursuant to the
authority transferred from the Public
Housing Administration under section
5(a) of the Department of Housing and
Urban Development Act (42 U.S.C.
3534) as amended;
2. Each program of the Department
authorized pursuant to the United States
Housing Act of 1937 (1937 Act) (42
U.S.C. 1437 et seq.) as amended,
including but not limited to the Public
Housing Program, Section 8 Programs
(except the following Section 8 ProjectBased Programs: New Construction,
Substantial Rehabilitation, Loan
Management Set-Aside and Property
Disposition) and predecessor programs
that are no longer funded but have
ongoing commitments;
3. PIH programs for which assistance
is provided for or on behalf of public
housing agencies (PHAs), public
housing residents or other low-income
households; and
4. PIH programs for which assistance
is provided for or on behalf of Native
Americans, Indian Tribes, Alaska Native
Villages, Native Hawaiians, tribal
entities, tribally designated housing
entities, or tribal housing resident
organizations, as further described in
Section H.
Section B. Authority Excepted
The redelegation of authority to a
Deputy Assistant Secretary does not
include any authority under law
specifically requiring the action of the
Secretary of HUD, Assistant Secretary of
PIH, or the General Deputy Assistant
Secretary for PIH. Authority excepted
includes authority to:
1. Issue or waive regulations,
including waivers pursuant to 24 CFR
982.161(c), which permits HUD field
offices to act on waivers of conflict of
interests. Public Housing Field Office
Directors are not to exercise this
authority;
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2. Issue notices to clarify regulations;
3. Issue notices of funding availability
(NOFAs), handbooks, notices and other
HUD policy directives; and
4. Waive any provision of an Annual
Contributions Contract (ACC) including
a determination of substantial breach or
default in response to any violation of
statute or regulations;
5. Impose remedies for substantial
noncompliance with the requirements
of the Native American Housing
Assistance and Self-Determination Act
of 1996 (NAHASDA) (25 U.S.C. 4101 et
seq.) and/or it’s implementing
regulations;
6. Declare a failure to comply with the
regulations of the Community
Development Block Grants for Indian
Tribes and Alaska Native Villages;
7. Execute Moving to Work
agreements or amendments thereto; and
8. Issue limited denials of
participation (LDP).
Section C. Authority To Further
Redelegate
In accordance with a written
redelegation of authority, a Deputy
Assistant Secretary may further
redelegate specific authority to PIH
Directors or to other ranking PIH
program officials. Redelegated authority
to PIH Directors or other ranking PIH
program officials does not supersede the
authority of a Deputy Assistant
Secretary as designee of the Assistant
Secretary for PIH.
Section D. Exceptions to Authority To
Further Redelegate
Authority redelegated from a Deputy
Assistant Secretary to PIH Directors or
other ranking PIH program officials is
limited. Excepted power and authority,
meaning authority that may not be
further redelegated by a Deputy
Assistant Secretary, includes authority
to:
1. Offer new legislative proposals to
Congress;
2. Allocate or reallocate funding
among field offices;
3. Approve remedies for
noncompliance requiring notice and
opportunity for administrative hearing;
4. Issue a Notice of Intent to Impose
Remedies under the Indian Housing
Block Grant Program, Native Hawaiian
Housing Block Grant Program, or
Community Development Block Grant
Program for Indian Tribes and Alaska
Native Villages;
5. Waive provisions or instructions of
PIH directives relating to the obligation
or payment of operating subsidies;
6. Solicit competitive proposals for
the management of all or part of public
housing administered by a PHA;
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7. Approve special rent adjustments;
8. Conduct tax credit and/or subsidy
layering reviews, unless specifically or
otherwise noted;
9. Approve PHA requests for
exception payment standards that
exceed 120 percent of the fair market
rent (FMR); and
10. Approve grant extensions, unless
specifically or otherwise noted.
Section E. Redelegation of Authority
Concerning the Office of Public Housing
and Vouchers
The Assistant Secretary for PIH
hereby redelegates, through the General
Deputy Assistant Secretary for PIH, to
the Deputy Assistant Secretary for the
Office of Public Housing and Vouchers
(OPHV) administrative, oversight and
enforcement responsibilities and the
authority to:
1. Administer the rental voucher
assistance programs under section 8 of
the 1937 Act (42 U.S.C. 1437f),
including the section 8 Family SelfSufficiency (FSS) program and section 8
Management Assessment Program
(SEMAP);
2. Establish targeting and eligibility
for participation in the Housing Choice
Voucher (HCV) programs pursuant to
section 8(o)(3) of the 1937 Act;
3. Determine payment standards for
subsidy amounts by program
participants pursuant to sections
8(o)(1)(B), (D), and (E) 1937 Act;
4. Develop program requirements for
tenant rent and maximum rent burdens
pursuant to sections 8(o)(2)(A) and
8(o)(2)(B)) and section 8(o)(3) 1937 Act,
respectively;
5. Set guidance regarding violent
criminal activity on or near premises
and implement the statutory grounds for
termination of tenancy pursuant to
section 8(o)(7)(D) 1937 Act;
6. Administer tenant-based and
project-based voucher assistance under
section 8(o) 1937 Act;
7. Administer homeownership
voucher assistance under section 8(y)
1937 Act as amended by the American
Homeownership and Economic
Opportunity Act of 2000 (Pub. L. 106–
569) (42 U.S.C. 1437f(y); and
8. Administer enhanced voucher
assistance under section 8(t) 1937 Act.
Section F. Redelegation of Authority
Concerning the Office of Public Housing
Investments
The Assistant Secretary for PIH
hereby redelegates authority, through
the General Deputy Assistant Secretary
for PIH, to the Deputy Assistant
Secretary for the Office of Public
Housing Investments (OPHI) to perform
administrative, oversight and
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
enforcement responsibilities and
authority for:
1. Public Housing Capital Fund
pursuant to section 9 of the 1937 Act,
including but not limited to, approvals
of proposals submitted under the
Capital Fund Financing Program (CFFP)
or the Operating Fund Financing
Program (OFFP) under section 9(e) of
the 1937 Act, with OFFP approvals
subject to coordination and consultation
with PIH’s Real Estate Assessment
Center;
2. Required conversions pursuant to
section 33, voluntary conversions
pursuant to section 22, and mandatory
conversions pursuant to section 202 of
the 1937 Act (section 202 is repealed
but continues to apply to identified and
non-appealed public housing
developments subject to mandatory
conversion until all requirements are
satisfied);
3. Resident Opportunities and SelfSufficiency (ROSS) program pursuant to
the Quality Housing and Work
Responsibility Act of 1998 (QHWRA),
including grant extensions for the
expenditure of these funds;
4. Public Housing Neighborhood
Networks (NN) program pursuant to
section 9 of the 1937 Act;
5. HOPE VI Program pursuant to
section 24 of the 1937 Act and
Appropriation Acts, including grant
extensions and issuance of defaults of
HOPE VI grant agreements;
6. Choice Neighborhoods program
pursuant to the FY 2010 Consolidated
Appropriations Act, Division A, Title II
(Pub. L. 111–117, approved December
16, 2009) and any future appropriations
or authority enacted for the Choice
Neighborhood Program in consultation
and coordination with the Office of
Housing’s Multifamily Housing
Programs;
7. Public Housing mortgages and
security interests pursuant to section 30
of the 1937 Act, and approvals of
proposals submitted thereto;
8. Mixed finance transactions,
including approvals of proposals
submitted thereto, pursuant to section
35 of the 1937 Act;
9. Moving to Work (MTW)
demonstration program pursuant to
section 204 of the Omnibus
Consolidated Rescissions and
Appropriations Act of 1996 including
approvals of MTW annual plans and
issuance of defaults of MTW
agreements;
10. Demolition or disposition
applications pursuant to section 18 of
the 1937 Act and the implementing
regulations at 24 CFR part 970;
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11. Agreements for the taking of
public housing property in eminent
domain proceedings;
12. Homeownership programs
pursuant to section 32 of the 1937 Act
and including amendments under
previously approved 5(h) and Turnkey
III homeownership plans; and
13. Execute amendments to ACCs
regarding provisions for under the
Capital Fund Program and/or coordinate
such executions with field offices.
Section G. Redelegation of Authority
Concerning the Office of Field
Operations
The Assistant Secretary for PIH
hereby redelegates authority, through
the General Deputy Assistant Secretary
for PIH, to the Deputy Assistant
Secretary for the Office of Field
Operations (OFO) to perform
administrative, oversight and
enforcement responsibilities of
receiverships, regional, hub and field
operations for redelegated authority
under section A and the following
specific authority for further
redelegation:
1. ACC amendments for annual grants
under the Capital Fund Program, but
excluding the waiver of ACC provisions;
2. Execution of ACC amendments or
releases of Declarations of Trust (DOTs)
for Capital Fund Financing or mixed
finance transactions when requested
pursuant to an approval letter by the
Deputy Assistant Secretary for the
Office of Public Housing Investments.
3. Release of DOTs pursuant to a
section 18 approval;
4. Coordination with the respective
program office to address specific
programs including Family Self
Sufficiency (FSS), Resident
Opportunities and Supportive Services
(ROSS), Family Unification, HOPE for
Elderly Independence and Service
Coordinators, HUD–Veterans
Administration Supportive Housing,
and Moving to Opportunity and Moving
to Work;
5. Concurrent approval authority for
energy performance contracts (EPC)
(EPCs may be approved in the Field
Offices or in Headquarters);
6. Actions associated with the
renewal of designated housing plans;
7. Execution of letters of support and
correspondence with local
congressional offices for programs,
projects and ventures within the
appropriate region;
8. Approval of requests by PHAs to
change their fiscal year end (FYE)
subject to coordination with the Real
Estate Assessment Center (REAC) for
PHAs with public housing units and
with the Financial Management
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47233
Division of the Housing Choice
Vouchers program for vouchers-only
PHAs;
9. Coordination of audit responses
through PIH’s Audit Liaison Officer on
reports by the United States General
Accounting Office and through PIH’s
Action Official (AO) for reports by
HUD’s Office of Inspector General; and
10. Approval of grant extensions
under the Public Housing Family SelfSufficiency (PH–FSS) and Resident
Opportunities Self Sufficiency (ROSS)
programs. Such grant extensions may be
made at the field level for any length of
time deemed reasonable by the Public
Housing Director or designee; denials of
FSS and ROSS extensions remain with
the Deputy Assistant Secretary of the
Office of Public Housing Investments.
Section H. Redelegations of Authority
Concerning the Office of Native
American Programs
The Assistant Secretary for PIH
hereby redelegates authority, through
the General Deputy Assistant Secretary
for PIH, to the Deputy Assistant
Secretary for the Office of Native
American Programs to perform program
administration, oversight and
enforcement responsibilities associated
with the following:
1. Programs authorized pursuant to
the Native American Housing
Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.), as
amended;
2. The Community Development
Block Grant Program for Indian Tribes
and Alaska Native Villages authorized
by section 106 of the Housing and
Community Development Act of 1974
(42 U.S.C. 5306);
3. The Indian Home Loan Guarantee
Program authorized by section 184 of
the Housing and Community
Development Act of 1992 (12 U.S.C.
1715z–13a);
4. The Native Hawaiian Loan
Guarantee Fund authorized by section
184A of the Housing and Community
Development Act of 1992 (12 U.S.C.
1715z–13b); and
5. Grants awarded to Indian tribes and
tribal entities by the Assistant Secretary
for Community Planning and
Development under the Rural
Innovation Fund Program, and under
the Rural Housing and Economic
Development Program; and
6. Coordination of audit responses
through PIH’s Audit Liaison Officer on
reports by the U.S. General Accounting
Office and through PIH’s AO for reports
by HUD’s Office of Inspector General.
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
Section I. Redelegation of Authority
Concerning the Real Estate Assessment
Center
The Assistant Secretary for PIH
hereby redelegates authority, through
the General Deputy Assistant Secretary
for PIH, to the Deputy Assistant
Secretary for the Real Estate Assessment
Center to perform program
administration, oversight and
enforcement responsibilities associated
with the Public Housing Operating
Fund, as the annual subsidy to PHAs for
operations and management pursuant to
section 9(e) of the 1937 Act (42 U.S.C.
1437g(e)) and regulations at 24 CFR part
990.
Section J. Redelegation of Authority
Concerning the Office of Policy,
Program and Legislative Initiatives
The Assistant Secretary for PIH
hereby redelegates authority, through
the General Deputy Assistant Secretary
for PIH, to the Deputy Assistant
Secretary for the Office of Policy,
Program and Legislative Initiatives to
perform administration and oversight
responsibilities associated with policy
analysis, research, actions by Congress,
Executive Orders, rulemaking and
directives management on behalf of the
Assistant Secretary for PIH, including
redelegated authority to execute certain
clearance and administrative records on
behalf of the Assistant Secretary for PIH.
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Section K. Authority Superseded
All previous redelegations of
authority from the Assistant Secretary
for PIH to the PIH Deputy Assistant
Secretaries are hereby revoked and
superseded by this consolidated
redelegation of authority, including the
PIH redelegation published on January
13, 2009 (74 FR 1704) and the
‘‘Delegation of Authority to the Deputy
Assistant Secretary for the Office of
Public Housing Investments’’ published
on December 6, 2006 (71 FR 70783).
Section L. Actions Ratified
The Assistant Secretary for PIH
hereby ratifies all actions previously
taken by PIH Deputy Assistant
Secretaries under any previous
redelegation of authority through the
effective date of this redelegation, with
respect to programs and matters listed
in this redelegation of authority. Any
previous actions ratified, remain
ratified.
Section M. Consultation and
Coordination With the General Counsel
The General Counsel shall consult
and advise the Assistant Secretary for
PIH, the General Deputy Assistant
Secretary, and Deputy Assistant
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Secretaries as required and when
requested and shall enter into such
protocols as administratively agreed to
by the General Counsel and the
Assistant Secretary for PIH or the
General Deputy Assistant Secretary.
This consolidated delegation of
authority is to be exercised consistently
with the delegation from the Secretary
to the General Counsel.
Authority: Section 7 (d) of the Department
of Housing and Urban Development Act, as
amended, (42 U.S.C. 3535(d).
Dated: July 15, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian
Housing.
[FR Doc. 2011–19728 Filed 8–3–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AA–6705–E, AA–6705–K, AA–6705–A2,
LLAK965000–L14100000–KC0000–P]
Alaska Native Claims Selection
Bureau of Land Management,
Interior.
ACTION: Notice of decision approving
lands for conveyance.
AGENCY:
As required by 43 CFR
2650.7(d), notice is hereby given that
the Bureau of Land Management (BLM)
will issue an appealable decision to
Togiak Natives Limited. The decision
approves the surface estate in the lands
described below for conveyance
pursuant to the Alaska Native Claims
Settlement Act. The subsurface estate in
these lands will be conveyed to Bristol
Bay Native Corporation when the
surface estate is conveyed to Togiak
Natives Limited. The lands are in the
vicinity of Togiak, Alaska, and are
located in:
SUMMARY:
Seward Meridian, Alaska
T. 11 S., R. 67 W.,
Sec. 17.
Containing 630.27 acres.
T. 12 S., R. 67 W.,
Sec. 7.
Containing 624.91 acres.
T. 15 S., R. 69 W.,
Sec. 15.
Containing 1.55 acres.
Aggregating 1,256.73 acres.
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Judy A. Kelley,
Land Law Examiner, Land Transfer
Adjudication II Branch.
[FR Doc. 2011–19782 Filed 8–3–11; 8:45 am]
BILLING CODE 4310–JA–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCON06000 L1610000.DP0000]
Notice of Intent To Solicit Nominations
for the Dominguez-Escalante National
Conservation Area Advisory Council
Bureau of Land Management,
Interior.
ACTION: Notice of Intent.
AGENCY:
The Secretary of the Interior
(Secretary) was directed by the Omnibus
Public Lands Management Act of 2009
to establish the Dominguez-Escalante
National Conservation Area (D–E NCA)
Advisory Council (Council). The 10member Council was formed in
December 2010 to provide
recommendations to the Secretary
SUMMARY:
Notice of the decision will also be
published four times in the Bristol Bay
Times.
DATES: Any party claiming a property
interest in the lands affected by the
decision may appeal the decision within
the following time limits:
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1. Unknown parties, parties unable to
be located after reasonable efforts have
been expended to locate, parties who
fail or refuse to sign their return receipt,
and parties who receive a copy of the
decision by regular mail which is not
certified, return receipt requested, shall
have until September 6, 2011 to file an
appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
3. Notices of appeal transmitted by
electronic means, such as facsimile or email, will not be accepted as timely
filed.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR part 4, subpart E, shall be deemed
to have waived their rights.
ADDRESSES: A copy of the decision may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7504.
FOR FURTHER INFORMATION CONTACT: The
BLM by phone at 907–271–5960 or by
e-mail at ak.blm.conveyance@blm.gov.
Persons who use a Telecommunications
Device for the Deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 to contact the
BLM during normal business hours. In
addition, the FIRS is available 24 hours
a day, 7 days a week, to leave a message
or question with the BLM. The BLM
will reply during normal business
hours.
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]]>Agencies
[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47231-47234]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19728]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5545-D-03]
Redelegation of Authority to the Deputy Assistant Secretaries for
Public and Indian Housing
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of redelegation of authority.
-----------------------------------------------------------------------
SUMMARY: Section 7(d) of the Department of Housing and Urban
Development Act, as amended, authorizes the Secretary to delegate
functions, powers, and duties as the Secretary deems necessary. By
separate notice published in today's Federal Register, the Secretary
delegates to the Assistant Secretary for Public and Indian Housing and
the General Deputy Assistant Secretary for Public and Indian Housing
authority for the administration of certain Public and Indian Housing
(PIH) programs, and authorizes the Assistant Secretary to further
redelegate such authority. In this consolidated redelegation of
authority the Assistant Secretary for PIH redelegates to the PIH Deputy
Assistant Secretaries authority for the administration of certain PIH
programs.
DATES: Effective Date: July 15, 2011.
FOR FURTHER INFORMATION CONTACT: Linda Bronsdon, AICP, Program Analyst,
Office of Policy, Program and Legislative Initiatives, Office of Public
and Indian Housing, Department of Housing and Urban Development, 490
L'Enfant Plaza, Suite 2206, Washington, DC 20024, e-mail address,
Linda.K.Bronsdon@hud.gov, telephone number 202-402-3494. (This is not a
toll-free number.) This number may be accessed through TTY by calling
the toll-free Federal Relay Service at telephone number 1-800-877-8339.
SUPPLEMENTARY INFORMATION: By separate notice published in today's
Federal Register, the Secretary delegates to the Assistant Secretary
for Public and Indian Housing and the General Deputy Assistant
Secretary for Public and Indian Housing authority for the
administration of certain PIH programs, and authorizes the Assistant
Secretary to further redelegate such authority. In this consolidated
redelegation of authority, the Assistant Secretary for PIH redelegates,
through the General Deputy Assistant Secretary for PIH, to the Deputy
Assistant Secretaries authority for the administration of certain PIH
programs. All previous delegations of authority from the
[[Page 47232]]
Assistant Secretary for PIH to PIH's Deputy Assistant Secretaries are
hereby revoked and superseded by this consolidated redelegation of
authority, including the redelegation of authority from the PIH General
Deputy Assistant Secretary to PIH's Deputy Assistant Secretaries
published on January 13, 2009 (74 FR 1704). This consolidated
redelegation of authority implements, in part, the Department's
Strategic Plan to transform the way HUD does business.
Section A. Authority Redelegated
The Assistant Secretary for PIH hereby redelegates, through the
General Deputy Assistant Secretary for PIH, to Deputy Assistant
Secretaries for PIH the following authorities:
1. Programs under the jurisdiction of the Secretary carried out
pursuant to the authority transferred from the Public Housing
Administration under section 5(a) of the Department of Housing and
Urban Development Act (42 U.S.C. 3534) as amended;
2. Each program of the Department authorized pursuant to the United
States Housing Act of 1937 (1937 Act) (42 U.S.C. 1437 et seq.) as
amended, including but not limited to the Public Housing Program,
Section 8 Programs (except the following Section 8 Project-Based
Programs: New Construction, Substantial Rehabilitation, Loan Management
Set-Aside and Property Disposition) and predecessor programs that are
no longer funded but have ongoing commitments;
3. PIH programs for which assistance is provided for or on behalf
of public housing agencies (PHAs), public housing residents or other
low-income households; and
4. PIH programs for which assistance is provided for or on behalf
of Native Americans, Indian Tribes, Alaska Native Villages, Native
Hawaiians, tribal entities, tribally designated housing entities, or
tribal housing resident organizations, as further described in Section
H.
Section B. Authority Excepted
The redelegation of authority to a Deputy Assistant Secretary does
not include any authority under law specifically requiring the action
of the Secretary of HUD, Assistant Secretary of PIH, or the General
Deputy Assistant Secretary for PIH. Authority excepted includes
authority to:
1. Issue or waive regulations, including waivers pursuant to 24 CFR
982.161(c), which permits HUD field offices to act on waivers of
conflict of interests. Public Housing Field Office Directors are not to
exercise this authority;
2. Issue notices to clarify regulations;
3. Issue notices of funding availability (NOFAs), handbooks,
notices and other HUD policy directives; and
4. Waive any provision of an Annual Contributions Contract (ACC)
including a determination of substantial breach or default in response
to any violation of statute or regulations;
5. Impose remedies for substantial noncompliance with the
requirements of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4101 et seq.) and/or
it's implementing regulations;
6. Declare a failure to comply with the regulations of the
Community Development Block Grants for Indian Tribes and Alaska Native
Villages;
7. Execute Moving to Work agreements or amendments thereto; and
8. Issue limited denials of participation (LDP).
Section C. Authority To Further Redelegate
In accordance with a written redelegation of authority, a Deputy
Assistant Secretary may further redelegate specific authority to PIH
Directors or to other ranking PIH program officials. Redelegated
authority to PIH Directors or other ranking PIH program officials does
not supersede the authority of a Deputy Assistant Secretary as designee
of the Assistant Secretary for PIH.
Section D. Exceptions to Authority To Further Redelegate
Authority redelegated from a Deputy Assistant Secretary to PIH
Directors or other ranking PIH program officials is limited. Excepted
power and authority, meaning authority that may not be further
redelegated by a Deputy Assistant Secretary, includes authority to:
1. Offer new legislative proposals to Congress;
2. Allocate or reallocate funding among field offices;
3. Approve remedies for noncompliance requiring notice and
opportunity for administrative hearing;
4. Issue a Notice of Intent to Impose Remedies under the Indian
Housing Block Grant Program, Native Hawaiian Housing Block Grant
Program, or Community Development Block Grant Program for Indian Tribes
and Alaska Native Villages;
5. Waive provisions or instructions of PIH directives relating to
the obligation or payment of operating subsidies;
6. Solicit competitive proposals for the management of all or part
of public housing administered by a PHA;
7. Approve special rent adjustments;
8. Conduct tax credit and/or subsidy layering reviews, unless
specifically or otherwise noted;
9. Approve PHA requests for exception payment standards that exceed
120 percent of the fair market rent (FMR); and
10. Approve grant extensions, unless specifically or otherwise
noted.
Section E. Redelegation of Authority Concerning the Office of Public
Housing and Vouchers
The Assistant Secretary for PIH hereby redelegates, through the
General Deputy Assistant Secretary for PIH, to the Deputy Assistant
Secretary for the Office of Public Housing and Vouchers (OPHV)
administrative, oversight and enforcement responsibilities and the
authority to:
1. Administer the rental voucher assistance programs under section
8 of the 1937 Act (42 U.S.C. 1437f), including the section 8 Family
Self-Sufficiency (FSS) program and section 8 Management Assessment
Program (SEMAP);
2. Establish targeting and eligibility for participation in the
Housing Choice Voucher (HCV) programs pursuant to section 8(o)(3) of
the 1937 Act;
3. Determine payment standards for subsidy amounts by program
participants pursuant to sections 8(o)(1)(B), (D), and (E) 1937 Act;
4. Develop program requirements for tenant rent and maximum rent
burdens pursuant to sections 8(o)(2)(A) and 8(o)(2)(B)) and section
8(o)(3) 1937 Act, respectively;
5. Set guidance regarding violent criminal activity on or near
premises and implement the statutory grounds for termination of tenancy
pursuant to section 8(o)(7)(D) 1937 Act;
6. Administer tenant-based and project-based voucher assistance
under section 8(o) 1937 Act;
7. Administer homeownership voucher assistance under section 8(y)
1937 Act as amended by the American Homeownership and Economic
Opportunity Act of 2000 (Pub. L. 106-569) (42 U.S.C. 1437f(y); and
8. Administer enhanced voucher assistance under section 8(t) 1937
Act.
Section F. Redelegation of Authority Concerning the Office of Public
Housing Investments
The Assistant Secretary for PIH hereby redelegates authority,
through the General Deputy Assistant Secretary for PIH, to the Deputy
Assistant Secretary for the Office of Public Housing Investments (OPHI)
to perform administrative, oversight and
[[Page 47233]]
enforcement responsibilities and authority for:
1. Public Housing Capital Fund pursuant to section 9 of the 1937
Act, including but not limited to, approvals of proposals submitted
under the Capital Fund Financing Program (CFFP) or the Operating Fund
Financing Program (OFFP) under section 9(e) of the 1937 Act, with OFFP
approvals subject to coordination and consultation with PIH's Real
Estate Assessment Center;
2. Required conversions pursuant to section 33, voluntary
conversions pursuant to section 22, and mandatory conversions pursuant
to section 202 of the 1937 Act (section 202 is repealed but continues
to apply to identified and non-appealed public housing developments
subject to mandatory conversion until all requirements are satisfied);
3. Resident Opportunities and Self-Sufficiency (ROSS) program
pursuant to the Quality Housing and Work Responsibility Act of 1998
(QHWRA), including grant extensions for the expenditure of these funds;
4. Public Housing Neighborhood Networks (NN) program pursuant to
section 9 of the 1937 Act;
5. HOPE VI Program pursuant to section 24 of the 1937 Act and
Appropriation Acts, including grant extensions and issuance of defaults
of HOPE VI grant agreements;
6. Choice Neighborhoods program pursuant to the FY 2010
Consolidated Appropriations Act, Division A, Title II (Pub. L. 111-117,
approved December 16, 2009) and any future appropriations or authority
enacted for the Choice Neighborhood Program in consultation and
coordination with the Office of Housing's Multifamily Housing Programs;
7. Public Housing mortgages and security interests pursuant to
section 30 of the 1937 Act, and approvals of proposals submitted
thereto;
8. Mixed finance transactions, including approvals of proposals
submitted thereto, pursuant to section 35 of the 1937 Act;
9. Moving to Work (MTW) demonstration program pursuant to section
204 of the Omnibus Consolidated Rescissions and Appropriations Act of
1996 including approvals of MTW annual plans and issuance of defaults
of MTW agreements;
10. Demolition or disposition applications pursuant to section 18
of the 1937 Act and the implementing regulations at 24 CFR part 970;
11. Agreements for the taking of public housing property in eminent
domain proceedings;
12. Homeownership programs pursuant to section 32 of the 1937 Act
and including amendments under previously approved 5(h) and Turnkey III
homeownership plans; and
13. Execute amendments to ACCs regarding provisions for under the
Capital Fund Program and/or coordinate such executions with field
offices.
Section G. Redelegation of Authority Concerning the Office of Field
Operations
The Assistant Secretary for PIH hereby redelegates authority,
through the General Deputy Assistant Secretary for PIH, to the Deputy
Assistant Secretary for the Office of Field Operations (OFO) to perform
administrative, oversight and enforcement responsibilities of
receiverships, regional, hub and field operations for redelegated
authority under section A and the following specific authority for
further redelegation:
1. ACC amendments for annual grants under the Capital Fund Program,
but excluding the waiver of ACC provisions;
2. Execution of ACC amendments or releases of Declarations of Trust
(DOTs) for Capital Fund Financing or mixed finance transactions when
requested pursuant to an approval letter by the Deputy Assistant
Secretary for the Office of Public Housing Investments.
3. Release of DOTs pursuant to a section 18 approval;
4. Coordination with the respective program office to address
specific programs including Family Self Sufficiency (FSS), Resident
Opportunities and Supportive Services (ROSS), Family Unification, HOPE
for Elderly Independence and Service Coordinators, HUD-Veterans
Administration Supportive Housing, and Moving to Opportunity and Moving
to Work;
5. Concurrent approval authority for energy performance contracts
(EPC) (EPCs may be approved in the Field Offices or in Headquarters);
6. Actions associated with the renewal of designated housing plans;
7. Execution of letters of support and correspondence with local
congressional offices for programs, projects and ventures within the
appropriate region;
8. Approval of requests by PHAs to change their fiscal year end
(FYE) subject to coordination with the Real Estate Assessment Center
(REAC) for PHAs with public housing units and with the Financial
Management Division of the Housing Choice Vouchers program for
vouchers-only PHAs;
9. Coordination of audit responses through PIH's Audit Liaison
Officer on reports by the United States General Accounting Office and
through PIH's Action Official (AO) for reports by HUD's Office of
Inspector General; and
10. Approval of grant extensions under the Public Housing Family
Self-Sufficiency (PH-FSS) and Resident Opportunities Self Sufficiency
(ROSS) programs. Such grant extensions may be made at the field level
for any length of time deemed reasonable by the Public Housing Director
or designee; denials of FSS and ROSS extensions remain with the Deputy
Assistant Secretary of the Office of Public Housing Investments.
Section H. Redelegations of Authority Concerning the Office of Native
American Programs
The Assistant Secretary for PIH hereby redelegates authority,
through the General Deputy Assistant Secretary for PIH, to the Deputy
Assistant Secretary for the Office of Native American Programs to
perform program administration, oversight and enforcement
responsibilities associated with the following:
1. Programs authorized pursuant to the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.),
as amended;
2. The Community Development Block Grant Program for Indian Tribes
and Alaska Native Villages authorized by section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306);
3. The Indian Home Loan Guarantee Program authorized by section 184
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a);
4. The Native Hawaiian Loan Guarantee Fund authorized by section
184A of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13b); and
5. Grants awarded to Indian tribes and tribal entities by the
Assistant Secretary for Community Planning and Development under the
Rural Innovation Fund Program, and under the Rural Housing and Economic
Development Program; and
6. Coordination of audit responses through PIH's Audit Liaison
Officer on reports by the U.S. General Accounting Office and through
PIH's AO for reports by HUD's Office of Inspector General.
[[Page 47234]]
Section I. Redelegation of Authority Concerning the Real Estate
Assessment Center
The Assistant Secretary for PIH hereby redelegates authority,
through the General Deputy Assistant Secretary for PIH, to the Deputy
Assistant Secretary for the Real Estate Assessment Center to perform
program administration, oversight and enforcement responsibilities
associated with the Public Housing Operating Fund, as the annual
subsidy to PHAs for operations and management pursuant to section 9(e)
of the 1937 Act (42 U.S.C. 1437g(e)) and regulations at 24 CFR part
990.
Section J. Redelegation of Authority Concerning the Office of Policy,
Program and Legislative Initiatives
The Assistant Secretary for PIH hereby redelegates authority,
through the General Deputy Assistant Secretary for PIH, to the Deputy
Assistant Secretary for the Office of Policy, Program and Legislative
Initiatives to perform administration and oversight responsibilities
associated with policy analysis, research, actions by Congress,
Executive Orders, rulemaking and directives management on behalf of the
Assistant Secretary for PIH, including redelegated authority to execute
certain clearance and administrative records on behalf of the Assistant
Secretary for PIH.
Section K. Authority Superseded
All previous redelegations of authority from the Assistant
Secretary for PIH to the PIH Deputy Assistant Secretaries are hereby
revoked and superseded by this consolidated redelegation of authority,
including the PIH redelegation published on January 13, 2009 (74 FR
1704) and the ``Delegation of Authority to the Deputy Assistant
Secretary for the Office of Public Housing Investments'' published on
December 6, 2006 (71 FR 70783).
Section L. Actions Ratified
The Assistant Secretary for PIH hereby ratifies all actions
previously taken by PIH Deputy Assistant Secretaries under any previous
redelegation of authority through the effective date of this
redelegation, with respect to programs and matters listed in this
redelegation of authority. Any previous actions ratified, remain
ratified.
Section M. Consultation and Coordination With the General Counsel
The General Counsel shall consult and advise the Assistant
Secretary for PIH, the General Deputy Assistant Secretary, and Deputy
Assistant Secretaries as required and when requested and shall enter
into such protocols as administratively agreed to by the General
Counsel and the Assistant Secretary for PIH or the General Deputy
Assistant Secretary. This consolidated delegation of authority is to be
exercised consistently with the delegation from the Secretary to the
General Counsel.
Authority: Section 7 (d) of the Department of Housing and Urban
Development Act, as amended, (42 U.S.C. 3535(d).
Dated: July 15, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2011-19728 Filed 8-3-11; 8:45 am]
BILLING CODE 4210-67-P
