Consolidated Delegation of Authority for the Office of Community Planning and Development, 64362-64364 [2011-26909]
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Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices
e.g., permitting electronic submission of
responses.
Gary L. Anderson,
Acting Chief Administrative Officer, Mission
Support Bureau, Federal Emergency
Management Agency, Department of
Homeland Security.
[FR Doc. 2011–26942 Filed 10–17–11; 8:45 am]
BILLING CODE 9110–11–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5556–D–01]
Consolidated Delegation of Authority
for the Office of Community Planning
and Development
Office of the Secretary, HUD.
Notice of delegation of
authority.
AGENCY:
ACTION:
This notice updates, clarifies,
and consolidates delegations of
authority from the Secretary to the
Assistant Secretary for Community
Planning and Development, the General
Deputy Assistant Secretary for
Community Planning and Development,
and the Deputy Assistant Secretary for
Grant Programs.
DATES: Effective Date: October 4, 2011.
FOR FURTHER INFORMATION CONTACT:
David H. Enzel, Director, Office of
Technical Assistance and Management,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 7228, Washington, DC 20410–
7000; telephone number 202–402–5557.
(This is not a toll-free number.) For
those needing assistance, this number
may be accessed through TTY by calling
the toll-free Federal Relay Service
number at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: Today’s
Federal Register notice updates,
clarifies, and consolidates into one
notice the authority delegated by the
Secretary to the Assistant Secretary for
Community Planning and Development,
the General Deputy Assistant Secretary
for Community Planning and
Development, and the Deputy Assistant
Secretary for Grant Programs.
Clarification of program authorities
under existing CPD delegations includes
the Neighborhood Stabilization
Programs, Community Development
Block Grant (CDBG) disaster recovery
grants, and homeless assistance
programs under the McKinney-Vento
Homeless Assistance Act. This notice
supersedes all previous delegations to
the Assistant Secretary for Community
Planning and Development and the
General Deputy Assistant Secretary for
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SUMMARY:
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Community Planning and Development,
including the delegation published on
September 16, 2003 (68 FR 5423).
Published elsewhere in today’s Federal
Register are notices of redelegation of
authority from the Assistant Secretary
for Community Planning and
Development to subordinate employees
within the Office of Community
Planning and Development.
Section A. Authority Delegated
Except as provided in Section B, the
Secretary of HUD delegates to the
Assistant Secretary for Community
Planning and Development, the General
Deputy Assistant Secretary for
Community Planning and Development,
and the Deputy Assistant Secretary for
Grant Programs the authority of the
Secretary with respect to the programs
and matters listed below in this Section
A. Only the Assistant Secretary is
delegated the authority to issue or waive
regulations covered by section 7(q) of
the Department of Housing and Urban
Development Act (42 U.S.C. 3535(q)).
1. The AIDS Housing Opportunity Act,
Title VIII, Subtitle D of the CranstonGonzalez National Affordable Housing Act,
Public Law 101–625, 104 Stat. 4079 (1990)
(codified as amended at 42 U.S.C. 12901–
12912); 24 CFR part 574;
2. The Base Closure, Base Closure
Community Redevelopment and Homeless
Assistance Act of 1994, Public Law 103–421,
108 Stat. 4346 (codified as amended at 10
U.S.C. 2687 note); 24 CFR part 586;
3. Capacity Building for Community
Development and Affordable Housing Grants,
Section 4 of the HUD Demonstration Act of
1993, Public Law 103–120, 107 Stat. 1148
(codified as amended at 42 U.S.C. 9816 note);
4. Comprehensive Housing Affordability
Strategies (CHAS), Title I of the CranstonGonzalez National Affordable Housing Act,
Public Law 101–625, 104 Stat. 4079 (1990)
(codified as amended at 42 U.S.C. 12701 et
seq.); 24 CFR part 91;
5. Economic Development Initiative grants,
as provided for in annual HUD
appropriations acts (e.g., the Consolidated
Appropriations Resolution, Fiscal Year 2003,
Public Law 108–7, 117 Stat. 11 (2003));
6. Urban Empowerment Zones (EZ), as
authorized under title 26, subtitle A, chapter
1, subchapter U of the Internal Revenue Code
(codified as amended at 26 U.S.C. 1391 et
seq.); 24 CFR parts 597 and 598;
7. The HOME Investment Partnerships Act,
Title II of the Cranston-Gonzalez National
Affordable Housing Act, Public Law 101–
625, 104 Stat. 4079 (1990) (codified as
amended at 42 U.S.C. 12721 et seq.); 24 CFR
part 92;
8. The Loan Guarantee Recovery Fund
under Section 4 of the Church Arson
Prevention Act of 1996, Public Law 104–155,
110 Stat. 1392 (codified at 18 U.S.C. 241
note); 24 CFR part 573;
9. Neighborhood Initiatives grants
specifically designated in annual HUD
appropriations acts (e.g., the Consolidated
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Appropriations Act 2010, Public Law 111–
117, 123 Stat. 3034 (2009));
10. The Homelessness Prevention and
Rapid Re-Housing Program (HPRP), as
authorized under the Homelessness
Prevention Fund heading of Division A, Title
XII of the American Recovery and
Reinvestment Act of 2009, Public Law 111–
5, 123 Stat. 115;
11. The Housing Trust Fund (HTF), Section
1338 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992,
added by Section 1131 of Public Law 110–
289, 122 Stat. 2654 (codified at 12 U.S.C.
4568);
12. Rural Innovation Fund grants as
provided for in annual HUD appropriations
act(s) (e.g., the Consolidated Appropriations
Act 2010, Public Law 111–117, 123 Stat.
3084 (2009));
13. The Tax Credit Assistance Program
(TCAP), as authorized under the HOME
Investments Partnerships Program heading of
Division A, Title XII of the American
Recovery and Reinvestment Act of 2009,
Public Law 111–5, 123 Stat. 155, 220–21;
14. The Self-Help Housing Opportunity
Program (SHOP) under section 11 of the
Housing Opportunity Program Extension Act
of 1996, Public Law 104–120, 110 Stat. 834
(codified at 42 U.S.C. 12805 note);
15. Technical Assistance and Capacity
Building awards authorized under any
program or matter delegated under Section A
(e.g., section 107 of the Housing and
Community Development Act of 1987, Public
Law 100–242, 101 Stat. 1815 (1988)) and as
provided for in annual and supplemental
HUD appropriations acts (e.g., the
Consolidated Appropriations Act 2010,
Public Law 111–117, 123 Stat. 3093 (2009));
16. Title I of the Housing and Community
Development Act of 1974, Public Law 93–
383, 88 Stat. 633 (codified as amended at 42
U.S.C. 5301 et seq.); 24 CFR part 570,
including the following:
a. The Community Development Block
Grant (CDBG) program;
b. The Section 108 loan guarantee program;
c. Economic development grants pursuant
to Section 108(q);
d. Neighborhood Stabilization programs
under the Housing and Economic Recovery
Act of 2008, Public Law 110–289, 122 Stat.
2850; Title XII of Division A of the American
Recovery and Reinvestment Act of 2009,
Public Law 111–5, 123 Stat. 115; and Section
1497 of the Wall Street Reform and
Consumer Protection Act of 2010, Public Law
111–203, 124 Stat. 1376 (codified as
amended at 42 U.S.C. 5301 note);
e. CDBG Disaster Recovery Grants as
provided for in annual and supplemental
HUD appropriations acts; and
f. Appalachian Regional Commission
grants pursuant to section 214 of the
Appalachian Regional Development Act of
1965, Public Law 89–4, 79 Stat. 5 (codified
as amended at 40 U.S.C. 14507) and
consistent with the CDBG program
authorized under Title I of the Housing and
Community Development Act of 1974, Public
Law 93–383, 88 Stat. 633 (codified as
amended at 42 U.S.C. 5301 et seq.).
17. Title IV of the McKinney-Vento
Homeless Assistance Act, Public Law 100–
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77, 101 Stat. 482 (1987) (codified as amended
at 42 U.S.C. 11301 et seq.), renamed by an
Act of October 30, 2000, Public Law 106–400,
114 Stat. 1675 (2000), including the
following:
a. The Emergency Shelter Grants/
Emergency Solutions Grants program, 24 CFR
part 576;
b. The Supportive Housing Program, 24
CFR part 583;
c. The Shelter Plus Care Program, 24 CFR
part 582;
d. The Moderate Rehabilitation for Single
Room Occupancy program, 24 CFR part 882,
Subpart H;
e. The Continuum of Care program; and
f. The Rural Housing Stability Assistance
program.
18. Title V of the McKinney-Vento
Homeless Assistance Act, Public Law 100–
77, 101 Stat. 482 (1987) (codified as amended
42 U.S.C. 11411 et seq.), renamed by an Act
of October 30, 2000, Public Law 106–400,
114 Stat. 1675 (2000), 24 CFR part 581.
19. The Veterans Homelessness Prevention
Demonstration program, as provided for in
annual HUD appropriations act(s) (e.g.,
Omnibus Appropriations Act, 2009, Public
Law 111–8, 123 Stat. 524 (2009)).
20. Overall departmental responsibility for
compliance with the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970, Public Law 91–646, 84
Stat. 1894 (1971) (codified as amended at 42
U.S.C. 4601 et seq.); 49 CFR part 24 (For
departmental programs, only the Assistant
Secretary for Community Planning and
Development is delegated the authority to
exercise the federal agency waiver authority
provided under 49 CFR 24.7).
21. Overall departmental responsibility for
compliance with the National Environmental
Policy Act of 1969, Public Law 91–190, 83
Stat. 852 (1970) (codified as amended at 42
U.S.C. 4321–4347), and the related laws and
authorities cited in 24 CFR 50.4, including
(with regard to the Assistant Secretary for
Community Planning and Development) the
authority to issue and to waive, or approve
exceptions or establish criteria for exceptions
from provisions of, 24 CFR parts 50, 51, 55,
and 58.
22. Certain Office of Community Planning
and Development programs that are no longer
authorized for funding (or future funding is
not anticipated), but whose administration
must continue until all departmental
responsibilities are discharged and finally
terminated. These programs, as of September
2011, include the following:
a. The Slum Clearance and Urban Renewal
program under Title I of the Housing Act of
1949, Public Law 81–171, 63 Stat. 413 and
any program which is superseded by, or
inactive by reason of Title I of the Housing
and Community Development Act of 1974,
Public Law 93–383, 88 Stat. 633 (codified as
amended at 42 U.S.C. 5316);
b. Area-wide grants, inequities grants,
disaster grants and the authority to concur in
final approval actions regarding innovative
grants under section 107 of Title I of the
Housing and Community Development Act of
1974, Public Law 93–383, 88 Stat. 633
(repealed 1981);
c. Urban Development Action grants under
Title I of the Housing and Community
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Development Act of 1974, Public Law 93–
383, 88 Stat. 633 (codified as amended at 42
U.S.C. 5318);
d. The Rental Rehabilitation Program,
United States Housing Act of 1937, § 17,
Public Law 98–181, 97 Stat. 1196 (repealed
1990); 24 CFR part 511;
e. The Section 312 Rehabilitation Loan
Program, Housing Act of 1964, § 312, Public
Law 88–560, 78 Stat. 769 (codified at 42
U.S.C. 1452(b)); 24 CFR part 510;
f. The Urban Homesteading Program,
Housing and Community Development Act of
1974, § 810, Public Law 93–383, 88 Stat. 633
(repealed 1990);
g. Enterprise Zone Program under Title VII
of the Housing and Community Development
Act of 1987, Pub. L. No 100–242, 101 Stat.
1815 (1988) (codified as amended at 42
U.S.C. 11501 et seq.);
h. Grants for urban Empowerment Zones
(EZ) as provided for in annual HUD
appropriations acts (e.g., Consolidated
Appropriations Resolution, Fiscal Year 2003,
Public Law 108–7, 117 Stat. 11 (2003));
i. HUD’s Homeownership Zone Initiative
(HOZ) grants as provided for in section 205
of the Departments of Veterans Affairs and
Housing and Urban Development, and
Independent Agencies Appropriations Act,
1997, Public Law 104–204, 110 Stat. 2874
(1996) and funded with recaptured
Nehemiah grants authorized under Title VI of
the Housing and Community Development
Act of 1987, Public Law 100–242, 101 Stat.
1815 (1988) (codified at 12 U.S.C. 1715l
note);
j. The Innovative Homeless Initiatives
Demonstration program under the HUD
Demonstration Act of 1993, Public Law 103–
120, 107 Stat. 1144;
k. The HOPE for Homeownership of
Single-family Housing (HOPE 3) program,
Title IV, Subtitle C of the Cranston-Gonzalez
National Affordable Housing Act, Public Law
101–625, 104 Stat. 4079 (1990) (codified at 42
U.S.C. 12891);
l. New Communities Program, Section 413
of the Housing and Urban Development Act
of 1968, Public Law 90–448, 82 Stat. 476
(repealed 1983), Section 726 of the Housing
and Urban Development Act of 1970, Public
Law 91–609 (repealed 1983), 84 Stat. 1784,
Section 474 of the Housing and Urban-Rural
Recovery Act of 1983, Public Law 98–181, 97
Stat. 1237 (codified at 12 U.S.C. 1701g–5b),
and any other functions, powers, and duties
that may affect the liquidation of the New
Communities program;
m. Rural Housing and Economic
Development grants specifically designated
originally in the Fiscal Year 1998 HUD
Appropriations Act, Public Law 105–65, 111
Stat. 1344 and subsequent annual HUD
appropriations acts;
n. Renewal Communities (RC)), as
authorized under title 26, subtitle A, chapter
1, subchapter X of the Internal Revenue Code
(codified as amended at 26 U.S.C. 1400E et
seq.); 24 CFR part 599.
o. The Youthbuild Program, Title IV,
Subtitle D of the Cranston-Gonzalez National
Affordable Housing Act, Public Law 101–
625, 104 Stat. 4079 (1990) (repealed 2006); 24
CFR part 585; and Youthbuild Transfer Act
(TA) as authorized under Title IV of the
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64363
Cranston-Gonzalez National Affordable
Housing Act, as amended by the Housing and
Community Development Act of 1992, Public
Law 102–550, 106 Stat. 3723 (1992) (repealed
2006); and
p. All programs consolidated in the
Revolving Fund (Liquidating Programs)
established pursuant to Title II of the
Independent Offices Appropriations Act,
Public Law 98–45, 97 Stat. 223 (1983)
(codified as amended at 12 U.S.C. 1701g–5),
including all authority of the Secretary with
respect to functions, administration, and
management of the Revolving Fund
(Liquidating Programs). Only the Assistant
Secretary is the responsible official for
allotments in the Revolving Fund
(Liquidating Programs); and
23. Debarments, suspensions, and/or
limited denial of participations under 2 CFR
part 2424 with the concurrence of the
General Counsel, or such other official as
may be designated by the General Counsel.
Section B. Authority Excepted
There is excepted from the authority
delegated under Section A:
1. The power to sue and be sued;
2. Under Title I of the Housing and
Community Development Act of 1974, Public
Law 93–383, 88 Stat. 633 (codified as
amended at 42 U.S.C. 5301 et seq.):
a. The power to administer the Indian
Community Development Block Grant
program, for which the authority has been
delegated to the Assistant Secretary for
Public and Indian Housing;
b. The power to administer section 107
programs delegated to the Assistant Secretary
for Policy Development and Research;
c. The power to issue obligations for
purchase by the Secretary of the Treasury
under section 108(g) of the Housing and
Community Development Act (42 U.S.C.
5308); and
d. The power and authority of the
Secretary with respect to nondiscrimination
under section 109 may be exercised only
with the advice of the Assistant Secretary for
Fair Housing and Equal Opportunity.
3. Under the HOME Investment
Partnerships Act, Title II of the CranstonGonzalez National Affordable Housing Act,
Public Law 101–625, 104 Stat. 4079 (1990)
(codified as amended at 42 U.S.C. 12721 et
seq.), the power to administer grants to
Indian tribes, for which the authority has
been delegated to the Assistant Secretary for
Public and Indian Housing; and
4. For programs noted in Section A.22 of
this delegation that are no longer authorized
for funding:
a. The power to establish interest rates; and
b. The power to issue notes or obligations
for purchase by the Secretary of the Treasury.
Section C. Authority To Redelegate
The Assistant Secretary may not
redelegate the authority to issue or
waive regulations covered by section
7(q) of the Department of Housing and
Urban Development Act, 42 U.S.C.
3535(q). See Waiver of Regulations
Issued by HUD, Restatement of Policy,
73 FR 76674 (Dec. 17, 2008). The
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Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices
Assistant Secretary, the General Deputy
Assistant Secretary for Community
Planning and Development, and the
Deputy Assistant Secretary for Grant
Programs are authorized to redelegate to
employees of the Department any other
authority delegated under Section A.
Redelegated authority to CPD Deputy
Assistant Secretaries or other CPD
program officials does not supersede the
authority of the Assistant Secretary as
designee of the Secretary.
Section D. Delegations Superseded
This notice supersedes all prior
delegations of authority from the
Secretary to the Assistant Secretary, the
General Deputy Assistant Secretary for
Community Planning and Development,
and the Deputy Assistant Secretary for
Grant Programs.
Section E. Actions Ratified
The Secretary hereby ratifies all
actions previously taken by the
Assistant Secretary, the General Deputy
Assistant Secretary for Community
Planning and Development, the Deputy
Assistant Secretary for Grant Programs,
and the Deputy Assistant Secretary for
Grant Programs, with respect to the
programs and matters listed in Section
A.
Authority: Section 7(d) of the Department
of Housing and Urban Development Act, 42
U.S.C. 3535(d).
Dated: October 4, 2011.
Shaun Donovan,
Secretary.
[FR Doc. 2011–26909 Filed 10–17–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5556–D–02]
Order of Succession for the Office of
Community Planning and Development
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice of Order of Succession.
AGENCY:
In this notice, the Assistant
Secretary for Community Planning and
Development designates the Order of
Succession for the Office of Community
Planning and Development. This Order
of Succession supersedes all prior
Orders of Succession for the Assistant
Secretary for Community Planning and
Development, including the notice
published on October 18, 2006.
DATES: Effective Date: October 4, 2011.
FOR FURTHER INFORMATION CONTACT:
David H. Enzel, Director, Office of
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Technical Assistance and Management,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 7228, Washington, DC 20410,
telephone number 202–402–5557. (This
is not a toll-free number.) This number
may be accessed via TTY by calling the
Federal Relay Service at 800–877–8339
(this is a toll-free number).
The
Assistant Secretary is issuing this Order
of Succession of officials authorized to
perform the functions and duties of the
Office of the Assistant Secretary for
Community Planning and Development
when, by reason of absence, disability,
or vacancy in office, the Assistant
Secretary is not available to exercise the
powers or perform the duties of the
office. This Order of Succession is
subject to the provisions of the Federal
Vacancies Reform Act of 1998 (5 U.S.C.
3345–3349d). This publication
supersedes all prior Orders of
Succession for the Office of Community
Planning and Development, including
the notice of October 18, 2006 (71 FR
61499).
Accordingly, the Assistant Secretary
designates the following Order of
Succession:
SUPPLEMENTARY INFORMATION:
Section A. Order of Succession
Subject to the provisions of the
Federal Vacancies Reform Act of 1998,
during any period when, by reason of
absence, disability, or vacancy in office,
the Assistant Secretary is not available
to exercise the powers or perform the
duties of the Assistant Secretary for
Community Planning and Development,
the following officials within the Office
of Community Planning and
Development are hereby designated to
exercise the powers and perform the
duties of the Office, including the
authority to waive regulations:
(1) Deputy Assistant Secretary for
Grant Programs.
(2) General Deputy Assistant
Secretary for Community Planning and
Development.
(3) Deputy Assistant Secretary for
Operations.
(4) Deputy Assistant Secretary for
Special Needs.
(5) Deputy Assistant Secretary for
Economic Development.
These officials shall perform the
functions and duties of the office in the
order specified herein, and no official
shall serve unless all the other officials,
whose position titles precede his/hers in
this order, are unable to act by reason
of absence, disability, or vacancy in
office.
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Section B. Authority Superseded
This Order of Succession supersedes
all prior Orders of Succession for the
Assistant Secretary for Community
Planning and Development, including
the notice published at 71 FR 61499
(October 18, 2006).
Authority: Section 7(d), Department of
Housing and Urban Development Act, 42
U.S.C. 3535(d).
Dated: October 4, 2011.
´
Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
[FR Doc. 2011–26910 Filed 10–17–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5556–D–03]
Redelegations of Authority to Directors
and Deputy Directors of Community
Planning and Development in Field
Offices
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice of redelegation of
authority to field offices.
AGENCY:
In this notice, the Assistant
Secretary of Community Planning and
Development redelegates to the
Directors and Deputy Directors of
Community Planning and Development
in HUD Field Offices all powers and
authorities necessary to carry out Office
of Community Planning and
Development programs, except those
powers and authorities specifically
excluded.
SUMMARY:
DATES:
Effective Date: October 4, 2011.
FOR FURTHER INFORMATION CONTACT:
David H. Enzel, Director of Technical
Assistance and Management, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 7228, Washington, DC 20410–
7000; telephone number 202–402–5557.
This is not a toll-free number. For those
needing assistance, this number may be
accessed via TTY by Calling the Federal
Relay Service at 800 877–8339.
SUPPLEMENTARY INFORMATION: This
notice updates and revises redelegations
of authority from the Assistant Secretary
for Community Planning and
Development (CPD) to CPD Directors
and Deputy Directors in HUD Field
Offices. This notice supersedes all
previous redelegations of authority to
CPD Directors and Deputy Directors in
HUD Field Offices, including a
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]]>Agencies
[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Pages 64362-64364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26909]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5556-D-01]
Consolidated Delegation of Authority for the Office of Community
Planning and Development
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of delegation of authority.
-----------------------------------------------------------------------
SUMMARY: This notice updates, clarifies, and consolidates delegations
of authority from the Secretary to the Assistant Secretary for
Community Planning and Development, the General Deputy Assistant
Secretary for Community Planning and Development, and the Deputy
Assistant Secretary for Grant Programs.
DATES: Effective Date: October 4, 2011.
FOR FURTHER INFORMATION CONTACT: David H. Enzel, Director, Office of
Technical Assistance and Management, Department of Housing and Urban
Development, 451 7th Street, SW., Room 7228, Washington, DC 20410-7000;
telephone number 202-402-5557. (This is not a toll-free number.) For
those needing assistance, this number may be accessed through TTY by
calling the toll-free Federal Relay Service number at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: Today's Federal Register notice updates,
clarifies, and consolidates into one notice the authority delegated by
the Secretary to the Assistant Secretary for Community Planning and
Development, the General Deputy Assistant Secretary for Community
Planning and Development, and the Deputy Assistant Secretary for Grant
Programs. Clarification of program authorities under existing CPD
delegations includes the Neighborhood Stabilization Programs, Community
Development Block Grant (CDBG) disaster recovery grants, and homeless
assistance programs under the McKinney-Vento Homeless Assistance Act.
This notice supersedes all previous delegations to the Assistant
Secretary for Community Planning and Development and the General Deputy
Assistant Secretary for Community Planning and Development, including
the delegation published on September 16, 2003 (68 FR 5423). Published
elsewhere in today's Federal Register are notices of redelegation of
authority from the Assistant Secretary for Community Planning and
Development to subordinate employees within the Office of Community
Planning and Development.
Section A. Authority Delegated
Except as provided in Section B, the Secretary of HUD delegates to
the Assistant Secretary for Community Planning and Development, the
General Deputy Assistant Secretary for Community Planning and
Development, and the Deputy Assistant Secretary for Grant Programs the
authority of the Secretary with respect to the programs and matters
listed below in this Section A. Only the Assistant Secretary is
delegated the authority to issue or waive regulations covered by
section 7(q) of the Department of Housing and Urban Development Act (42
U.S.C. 3535(q)).
1. The AIDS Housing Opportunity Act, Title VIII, Subtitle D of
the Cranston-Gonzalez National Affordable Housing Act, Public Law
101-625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C.
12901-12912); 24 CFR part 574;
2. The Base Closure, Base Closure Community Redevelopment and
Homeless Assistance Act of 1994, Public Law 103-421, 108 Stat. 4346
(codified as amended at 10 U.S.C. 2687 note); 24 CFR part 586;
3. Capacity Building for Community Development and Affordable
Housing Grants, Section 4 of the HUD Demonstration Act of 1993,
Public Law 103-120, 107 Stat. 1148 (codified as amended at 42 U.S.C.
9816 note);
4. Comprehensive Housing Affordability Strategies (CHAS), Title
I of the Cranston-Gonzalez National Affordable Housing Act, Public
Law 101-625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C.
12701 et seq.); 24 CFR part 91;
5. Economic Development Initiative grants, as provided for in
annual HUD appropriations acts (e.g., the Consolidated
Appropriations Resolution, Fiscal Year 2003, Public Law 108-7, 117
Stat. 11 (2003));
6. Urban Empowerment Zones (EZ), as authorized under title 26,
subtitle A, chapter 1, subchapter U of the Internal Revenue Code
(codified as amended at 26 U.S.C. 1391 et seq.); 24 CFR parts 597
and 598;
7. The HOME Investment Partnerships Act, Title II of the
Cranston-Gonzalez National Affordable Housing Act, Public Law 101-
625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12721
et seq.); 24 CFR part 92;
8. The Loan Guarantee Recovery Fund under Section 4 of the
Church Arson Prevention Act of 1996, Public Law 104-155, 110 Stat.
1392 (codified at 18 U.S.C. 241 note); 24 CFR part 573;
9. Neighborhood Initiatives grants specifically designated in
annual HUD appropriations acts (e.g., the Consolidated
Appropriations Act 2010, Public Law 111-117, 123 Stat. 3034 (2009));
10. The Homelessness Prevention and Rapid Re-Housing Program
(HPRP), as authorized under the Homelessness Prevention Fund heading
of Division A, Title XII of the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, 123 Stat. 115;
11. The Housing Trust Fund (HTF), Section 1338 of the Federal
Housing Enterprises Financial Safety and Soundness Act of 1992,
added by Section 1131 of Public Law 110-289, 122 Stat. 2654
(codified at 12 U.S.C. 4568);
12. Rural Innovation Fund grants as provided for in annual HUD
appropriations act(s) (e.g., the Consolidated Appropriations Act
2010, Public Law 111-117, 123 Stat. 3084 (2009));
13. The Tax Credit Assistance Program (TCAP), as authorized
under the HOME Investments Partnerships Program heading of Division
A, Title XII of the American Recovery and Reinvestment Act of 2009,
Public Law 111-5, 123 Stat. 155, 220-21;
14. The Self-Help Housing Opportunity Program (SHOP) under
section 11 of the Housing Opportunity Program Extension Act of 1996,
Public Law 104-120, 110 Stat. 834 (codified at 42 U.S.C. 12805
note);
15. Technical Assistance and Capacity Building awards authorized
under any program or matter delegated under Section A (e.g., section
107 of the Housing and Community Development Act of 1987, Public Law
100-242, 101 Stat. 1815 (1988)) and as provided for in annual and
supplemental HUD appropriations acts (e.g., the Consolidated
Appropriations Act 2010, Public Law 111-117, 123 Stat. 3093 (2009));
16. Title I of the Housing and Community Development Act of
1974, Public Law 93-383, 88 Stat. 633 (codified as amended at 42
U.S.C. 5301 et seq.); 24 CFR part 570, including the following:
a. The Community Development Block Grant (CDBG) program;
b. The Section 108 loan guarantee program;
c. Economic development grants pursuant to Section 108(q);
d. Neighborhood Stabilization programs under the Housing and
Economic Recovery Act of 2008, Public Law 110-289, 122 Stat. 2850;
Title XII of Division A of the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, 123 Stat. 115; and Section 1497 of
the Wall Street Reform and Consumer Protection Act of 2010, Public
Law 111-203, 124 Stat. 1376 (codified as amended at 42 U.S.C. 5301
note);
e. CDBG Disaster Recovery Grants as provided for in annual and
supplemental HUD appropriations acts; and
f. Appalachian Regional Commission grants pursuant to section
214 of the Appalachian Regional Development Act of 1965, Public Law
89-4, 79 Stat. 5 (codified as amended at 40 U.S.C. 14507) and
consistent with the CDBG program authorized under Title I of the
Housing and Community Development Act of 1974, Public Law 93-383, 88
Stat. 633 (codified as amended at 42 U.S.C. 5301 et seq.).
17. Title IV of the McKinney-Vento Homeless Assistance Act,
Public Law 100-
[[Page 64363]]
77, 101 Stat. 482 (1987) (codified as amended at 42 U.S.C. 11301 et
seq.), renamed by an Act of October 30, 2000, Public Law 106-400,
114 Stat. 1675 (2000), including the following:
a. The Emergency Shelter Grants/Emergency Solutions Grants
program, 24 CFR part 576;
b. The Supportive Housing Program, 24 CFR part 583;
c. The Shelter Plus Care Program, 24 CFR part 582;
d. The Moderate Rehabilitation for Single Room Occupancy
program, 24 CFR part 882, Subpart H;
e. The Continuum of Care program; and
f. The Rural Housing Stability Assistance program.
18. Title V of the McKinney-Vento Homeless Assistance Act,
Public Law 100-77, 101 Stat. 482 (1987) (codified as amended 42
U.S.C. 11411 et seq.), renamed by an Act of October 30, 2000, Public
Law 106-400, 114 Stat. 1675 (2000), 24 CFR part 581.
19. The Veterans Homelessness Prevention Demonstration program,
as provided for in annual HUD appropriations act(s) (e.g., Omnibus
Appropriations Act, 2009, Public Law 111-8, 123 Stat. 524 (2009)).
20. Overall departmental responsibility for compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, Public Law 91-646, 84 Stat. 1894 (1971) (codified as
amended at 42 U.S.C. 4601 et seq.); 49 CFR part 24 (For departmental
programs, only the Assistant Secretary for Community Planning and
Development is delegated the authority to exercise the federal
agency waiver authority provided under 49 CFR 24.7).
21. Overall departmental responsibility for compliance with the
National Environmental Policy Act of 1969, Public Law 91-190, 83
Stat. 852 (1970) (codified as amended at 42 U.S.C. 4321-4347), and
the related laws and authorities cited in 24 CFR 50.4, including
(with regard to the Assistant Secretary for Community Planning and
Development) the authority to issue and to waive, or approve
exceptions or establish criteria for exceptions from provisions of,
24 CFR parts 50, 51, 55, and 58.
22. Certain Office of Community Planning and Development
programs that are no longer authorized for funding (or future
funding is not anticipated), but whose administration must continue
until all departmental responsibilities are discharged and finally
terminated. These programs, as of September 2011, include the
following:
a. The Slum Clearance and Urban Renewal program under Title I of
the Housing Act of 1949, Public Law 81-171, 63 Stat. 413 and any
program which is superseded by, or inactive by reason of Title I of
the Housing and Community Development Act of 1974, Public Law 93-
383, 88 Stat. 633 (codified as amended at 42 U.S.C. 5316);
b. Area-wide grants, inequities grants, disaster grants and the
authority to concur in final approval actions regarding innovative
grants under section 107 of Title I of the Housing and Community
Development Act of 1974, Public Law 93-383, 88 Stat. 633 (repealed
1981);
c. Urban Development Action grants under Title I of the Housing
and Community Development Act of 1974, Public Law 93-383, 88 Stat.
633 (codified as amended at 42 U.S.C. 5318);
d. The Rental Rehabilitation Program, United States Housing Act
of 1937, Sec. 17, Public Law 98-181, 97 Stat. 1196 (repealed 1990);
24 CFR part 511;
e. The Section 312 Rehabilitation Loan Program, Housing Act of
1964, Sec. 312, Public Law 88-560, 78 Stat. 769 (codified at 42
U.S.C. 1452(b)); 24 CFR part 510;
f. The Urban Homesteading Program, Housing and Community
Development Act of 1974, Sec. 810, Public Law 93-383, 88 Stat. 633
(repealed 1990);
g. Enterprise Zone Program under Title VII of the Housing and
Community Development Act of 1987, Pub. L. No 100-242, 101 Stat.
1815 (1988) (codified as amended at 42 U.S.C. 11501 et seq.);
h. Grants for urban Empowerment Zones (EZ) as provided for in
annual HUD appropriations acts (e.g., Consolidated Appropriations
Resolution, Fiscal Year 2003, Public Law 108-7, 117 Stat. 11
(2003));
i. HUD's Homeownership Zone Initiative (HOZ) grants as provided
for in section 205 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997, Public Law 104-204, 110 Stat. 2874 (1996)
and funded with recaptured Nehemiah grants authorized under Title VI
of the Housing and Community Development Act of 1987, Public Law
100-242, 101 Stat. 1815 (1988) (codified at 12 U.S.C. 1715l note);
j. The Innovative Homeless Initiatives Demonstration program
under the HUD Demonstration Act of 1993, Public Law 103-120, 107
Stat. 1144;
k. The HOPE for Homeownership of Single-family Housing (HOPE 3)
program, Title IV, Subtitle C of the Cranston-Gonzalez National
Affordable Housing Act, Public Law 101-625, 104 Stat. 4079 (1990)
(codified at 42 U.S.C. 12891);
l. New Communities Program, Section 413 of the Housing and Urban
Development Act of 1968, Public Law 90-448, 82 Stat. 476 (repealed
1983), Section 726 of the Housing and Urban Development Act of 1970,
Public Law 91-609 (repealed 1983), 84 Stat. 1784, Section 474 of the
Housing and Urban-Rural Recovery Act of 1983, Public Law 98-181, 97
Stat. 1237 (codified at 12 U.S.C. 1701g-5b), and any other
functions, powers, and duties that may affect the liquidation of the
New Communities program;
m. Rural Housing and Economic Development grants specifically
designated originally in the Fiscal Year 1998 HUD Appropriations
Act, Public Law 105-65, 111 Stat. 1344 and subsequent annual HUD
appropriations acts;
n. Renewal Communities (RC)), as authorized under title 26,
subtitle A, chapter 1, subchapter X of the Internal Revenue Code
(codified as amended at 26 U.S.C. 1400E et seq.); 24 CFR part 599.
o. The Youthbuild Program, Title IV, Subtitle D of the Cranston-
Gonzalez National Affordable Housing Act, Public Law 101-625, 104
Stat. 4079 (1990) (repealed 2006); 24 CFR part 585; and Youthbuild
Transfer Act (TA) as authorized under Title IV of the Cranston-
Gonzalez National Affordable Housing Act, as amended by the Housing
and Community Development Act of 1992, Public Law 102-550, 106 Stat.
3723 (1992) (repealed 2006); and
p. All programs consolidated in the Revolving Fund (Liquidating
Programs) established pursuant to Title II of the Independent
Offices Appropriations Act, Public Law 98-45, 97 Stat. 223 (1983)
(codified as amended at 12 U.S.C. 1701g-5), including all authority
of the Secretary with respect to functions, administration, and
management of the Revolving Fund (Liquidating Programs). Only the
Assistant Secretary is the responsible official for allotments in
the Revolving Fund (Liquidating Programs); and
23. Debarments, suspensions, and/or limited denial of
participations under 2 CFR part 2424 with the concurrence of the
General Counsel, or such other official as may be designated by the
General Counsel.
Section B. Authority Excepted
There is excepted from the authority delegated under Section A:
1. The power to sue and be sued;
2. Under Title I of the Housing and Community Development Act of
1974, Public Law 93-383, 88 Stat. 633 (codified as amended at 42
U.S.C. 5301 et seq.):
a. The power to administer the Indian Community Development
Block Grant program, for which the authority has been delegated to
the Assistant Secretary for Public and Indian Housing;
b. The power to administer section 107 programs delegated to the
Assistant Secretary for Policy Development and Research;
c. The power to issue obligations for purchase by the Secretary
of the Treasury under section 108(g) of the Housing and Community
Development Act (42 U.S.C. 5308); and
d. The power and authority of the Secretary with respect to
nondiscrimination under section 109 may be exercised only with the
advice of the Assistant Secretary for Fair Housing and Equal
Opportunity.
3. Under the HOME Investment Partnerships Act, Title II of the
Cranston-Gonzalez National Affordable Housing Act, Public Law 101-
625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12721
et seq.), the power to administer grants to Indian tribes, for which
the authority has been delegated to the Assistant Secretary for
Public and Indian Housing; and
4. For programs noted in Section A.22 of this delegation that
are no longer authorized for funding:
a. The power to establish interest rates; and
b. The power to issue notes or obligations for purchase by the
Secretary of the Treasury.
Section C. Authority To Redelegate
The Assistant Secretary may not redelegate the authority to issue
or waive regulations covered by section 7(q) of the Department of
Housing and Urban Development Act, 42 U.S.C. 3535(q). See Waiver of
Regulations Issued by HUD, Restatement of Policy, 73 FR 76674 (Dec. 17,
2008). The
[[Page 64364]]
Assistant Secretary, the General Deputy Assistant Secretary for
Community Planning and Development, and the Deputy Assistant Secretary
for Grant Programs are authorized to redelegate to employees of the
Department any other authority delegated under Section A. Redelegated
authority to CPD Deputy Assistant Secretaries or other CPD program
officials does not supersede the authority of the Assistant Secretary
as designee of the Secretary.
Section D. Delegations Superseded
This notice supersedes all prior delegations of authority from the
Secretary to the Assistant Secretary, the General Deputy Assistant
Secretary for Community Planning and Development, and the Deputy
Assistant Secretary for Grant Programs.
Section E. Actions Ratified
The Secretary hereby ratifies all actions previously taken by the
Assistant Secretary, the General Deputy Assistant Secretary for
Community Planning and Development, the Deputy Assistant Secretary for
Grant Programs, and the Deputy Assistant Secretary for Grant Programs,
with respect to the programs and matters listed in Section A.
Authority: Section 7(d) of the Department of Housing and Urban
Development Act, 42 U.S.C. 3535(d).
Dated: October 4, 2011.
Shaun Donovan,
Secretary.
[FR Doc. 2011-26909 Filed 10-17-11; 8:45 am]
BILLING CODE 4210-67-P
