Consolidated Delegation of Authority for the Office of Community Planning and Development, 31972-31974 [2012-13093]
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31972
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5642–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
Special Needs Programs.
DATES: Effective Date: May 16, 2012.
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 Special Needs 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
October 18, 2011 (76 FR 64362).
Published elsewhere in today’s Federal
Register is the order of succession for
the Office of Community Planning and
Development.
srobinson on DSK4SPTVN1PROD with NOTICES2
SUMMARY:
Section A. Authority Delegated
Except as provided in Section B, the
Secretary of HUD delegates to the
Assistant Secretary for Community
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Planning and Development, the General
Deputy Assistant Secretary for
Community Planning and Development,
and the Deputy Assistant Secretary for
Special Needs 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.
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, Pub. L.
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,
Pub. L. 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,
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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,
Pub. L. 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
Section1497 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
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Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices
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
100–77, 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,
Pub. L. 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, Pub. L. 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
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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 May 2012, 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, § 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, Public Law
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
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31973
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 UrbanRural 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. Suspensions, and/or limited
denial of participations under 2 CFR
part 2424 with the concurrence of the
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Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices
General Counsel, or such other official
as may be designated by the General
Counsel.
authority of the Assistant Secretary as
designee of the Secretary.
Section B. Authority Excepted
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.
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;
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; and
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Section C. Authority To Redelegate
The Assistant Secretary may not
redelegate the authority to issue or
waive regulations. The Assistant
Secretary, the General Deputy Assistant
Secretary for Community Planning and
Development, and the Deputy Assistant
Secretary for Special Needs 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
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Section D. Delegations Superseded
Authority: Section 7(d) of the Department
of Housing and Urban Development Act, 42
U.S.C. 3535(d).
Dated: May 16, 2012.
Shaun Donovan,
Secretary of Housing and Urban
Development.
Section A. Order of Succession
[FR Doc. 2012–13093 Filed 5–29–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5642–D–02]
Order of Succession for the Office of
Community Planning and Development
Office of the Secretary, HUD.
Notice of Order of Succession
for the Office of Community Planning
and Development.
AGENCY:
ACTION:
In this notice, the Secretary of
HUD 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 Order of
Succession, published on October 18,
2011 at 76 FR 64364.
DATES: Effective Date: May 16, 2012.
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, 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).
SUPPLEMENTARY INFORMATION: The
Secretary of HUD 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
SUMMARY:
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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 Order of Succession published in
the Federal Register on October 18,
2011 (76 FR 64364).
Accordingly, the Secretary of HUD
designates the following Order of
Succession for the Office of Community
Planning and Development:
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
Special Needs Programs;
(2) General Deputy Assistant
Secretary for Community Planning and
Development;
(3) Deputy Assistant Secretary for
Grant Programs;
(4) Deputy Assistant Secretary for
Operations;
(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.
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 at 76 FR 64364. (October 18,
2011).
Authority: Section 7(d), Department of
Housing and Urban Development Act, 42
U.S.C. 3535(d).
Dated: May 16, 2012.
Shaun Donovan,
Secretary of Housing and Urban
Development.
[FR Doc. 2012–13100 Filed 5–29–12; 8:45 am]
BILLING CODE 4210–67–P
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Agencies
[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31972-31974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13093]
[[Page 31971]]
Vol. 77
Wednesday,
No. 104
May 30, 2012
Part III
Department of Housing and Urban Development
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Consolidated Delegation of Authority for the Office of Community
Planning and Development; Order of Succession for the Office of
Community Planning and Development; Notices
Federal Register / Vol. 77 , No. 104 / Wednesday, May 30, 2012 /
Notices
[[Page 31972]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5642-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 Special Needs Programs.
DATES: Effective Date: May 16, 2012.
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
Special Needs 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 October
18, 2011 (76 FR 64362). Published elsewhere in today's Federal Register
is the order of succession for 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 Special Needs
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.
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, Pub. L. 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, Pub. L. 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,
Pub. L. 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 Section1497 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
[[Page 31973]]
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 100-77, 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, Pub. L. 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, Pub. L. 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 May 2012, 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, Public Law 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. Suspensions, and/or limited denial of participations under 2
CFR part 2424 with the concurrence of the
[[Page 31974]]
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;
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; and
Section C. Authority To Redelegate
The Assistant Secretary may not redelegate the authority to issue
or waive regulations. The Assistant Secretary, the General Deputy
Assistant Secretary for Community Planning and Development, and the
Deputy Assistant Secretary for Special Needs 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.
Authority: Section 7(d) of the Department of Housing and Urban
Development Act, 42 U.S.C. 3535(d).
Dated: May 16, 2012.
Shaun Donovan,
Secretary of Housing and Urban Development.
[FR Doc. 2012-13093 Filed 5-29-12; 8:45 am]
BILLING CODE 4210-67-P