60-Day Notice of Proposed Information Collection: Moving to Work Amendment To Consolidated Annual Contributions Contract, 66738-66740 [2018-28096]
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66738
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
B. Solicitation of Public Comment
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Patricia M. Burke, Acting Director,
Office of Multifamily Production,
Department of Housing and Urban
Development, 451 7th Street SW,
Washington, DC 20410, email,
Patricia.M.Burke@hud.gov, or telephone
202–402–5693. This is not a toll-free
number. Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
ADDRESSES:
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Dated: December 13, 2018.
Merrie Nichols-Dixon,
Director, Office of Policy, Programs and
Legislative Initiatives.
[FR Doc. 2018–28090 Filed 12–26–18; 8:45 am]
BILLING CODE 4210–67–P
A. Overview of Information Collection
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7005–N–20]
60-Day Notice of Proposed Information
Collection: Multifamily Contractor’s/
Mortgagor’s Cost Breakdowns and
Certifications HUD–2328, HUD–2205–A,
HUD–92330–A
Office of the Assistant
Secretary for Housing- Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
khammond on DSK30JT082PROD with NOTICES
SUMMARY:
Comments Due Date: February
25, 2019.
DATES:
VerDate Sep<11>2014
17:14 Dec 26, 2018
Jkt 247001
Title of Information Collection:
Multifamily Contractor’s/Mortgagor’s
Cost Breakdowns and Certifications.
OMB Approval Number: 2502–0044.
OMB Expiration Date: 12–31–2018.
Type of Request: Reinstatement
without change, of a currently approved
collection, that is soon to expire.
Form Number: HUD–92330–A, HUD–
2328, HUD–2205–A Description of the
need for the information and proposed
use: Contractors use the form HUD–
2328 to establish a schedule of values of
construction items on which the
monthly advances or mortgage proceeds
are based. Contractors use the form
HUD–92330–A to convey actual
construction costs in a standardized
format of cost certification. In addition
to assuring that the mortgage proceeds
have not been used for purposes other
than construction costs, HUD–92330–A
further protects the interest of the
Department by directly monitoring the
accuracy of the itemized trades on form
HUD–2328. This form also serves as
project data to keep Field Office cost
data banks and cost estimates current
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
and accurate. HUD–2205A is used to
certify the actual costs of acquisition or
refinancing of projects insured under
Section 223(f) program.
Respondents: Business or other for
profit. Not for profit institutions.
Estimated Number of Respondents:
1,229.
Estimated Number of Responses:
1,229.
Frequency of Response: 1.
Average Hours per Response: 16.
Total Estimated Burden: 6,948.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority Section 3507 of the
Paperwork Reduction Act of 1995, 44
U.S.C. Chapter 35
Dated: December 4, 2018.
Vance T. Morris,
Special Assistant to the Assistant Secretary
for Housing—Federal Housing Commissioner,
H.
[FR Doc. 2018–28094 Filed 12–26–18; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7006–N–20]
60-Day Notice of Proposed Information
Collection: Moving to Work
Amendment To Consolidated Annual
Contributions Contract
Office of the Assistant
Secretary for Public and Indian
Housing, PIH, HUD.
ACTION: Notice.
AGENCY:
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
DATES: Comments Due Date: February
25, 2019.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
SUMMARY:
Information collection
Number of
respondents
Total ...............................
100
khammond on DSK30JT082PROD with NOTICES
Jkt 247001
Title of Information Collection:
Moving to Work Amendment to
Responses
per annum
Burden hour
per response
Annual burden
hours
Hourly cost
per response
Annual cost
Once ............
1
0
0
0
0
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
17:14 Dec 26, 2018
A. Overview of Information Collection
Consolidated Annual Contributions
Contract.
OMB Approval Number: Pending
OMB Approval.
Type of Request: New Collection.
Form Number: TBD.
Description of the need for the
information and proposed use: The
Moving to Work (MTW) amendment to
the Consolidated Annual Contributions
Contract, signed by HUD and the
selected Public Housing Authority
(PHA) is necessary to govern 100 new
PHA’s participation in the MTW
demonstration pursuant to the 2016
Appropriations Act. It will allow the
PHA to operate under the MTW
Operations Notice and its respective
selection notice, while remaining
subject to the CACC when not otherwise
waived by the Operations Notice, and to
detail the termination and default rights
of HUD should an agency fail in its
implementation of the demonstration.
Respondents: Public Housing
Authorities.
Frequency of
response
B. Solicitation of Public Comment
VerDate Sep<11>2014
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; e-mail
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
This is not a toll-free number. Persons
with hearing or speech impairments
may access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
66739
C. Authority Section 3507 of the
Paperwork Reduction Act of 1995, 44
U.S.C. Chapter 35
Date: December 13, 2018.
Merrie Nichols-Dixon,
Director, Office of Policy, Programs and
Legislative Initiatives.
MOVING TO WORK AMENDMENT TO
CONSOLIDATED ANNUAL
CONTRIBUTIONS CONTRACT
Section 1. This Moving to Work
(MTW) Amendment to the Consolidated
Annual Contributions Contract (MTW
CACC Amendment) is entered into
between the United States Department
of Housing and Urban Development
(‘‘HUD’’) andll(the ‘‘Authority’’).
Section 2. This MTW CACC
Amendment is an amendment to any
Consolidated Annual Contributions
Contracts (‘‘the CACC’’) between the
Authority and HUD for the Public
Housing and Housing Choice Voucher
programs.
Section 3. The CACC is amended in
connection with the Authority’s
designation as a participant in the
expansion of the MTW demonstration
pursuant to Section 239 of the
Consolidated Appropriations Act, 2016,
P.L. 114–113; 129 Stat. 2897 (2016
MTW Expansion Statute) and Section
204 of the Departments of Veterans
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
Affairs and Housing and Urban
Development and Independent Agencies
Appropriations Act, 1996, P.L. 104–134;
110 Stat. 1321–281 (1996 MTW statute).
The Authority’s participation in the
expansion of the MTW demonstration
shall be governed by the MTW
Operations Notice for the Expansion of
the Moving to Work Demonstration (PIH
Notice 2019–XXXX) or any successor
notice issued by HUD, (which shall
collectively be called ‘‘the Operations
Notice’’ throughout this document).
Section 4. The term of this
amendment shall be for 12 years from
the effective date of this amendment or
until termination of this amendment,
whichever is sooner
Section 5. Requirements and
Covenants.
(A) As a participant in the MTW
demonstration, the Authority must
operate in accordance with the express
terms and conditions set forth in the
Operations Notice. The MTW
Operations Notice may be superseded or
amended by HUD at any time during the
MTW term of the Authority’s
participation in the MTW
demonstration.
(B) The Authority will cooperate fully
with HUD and its contractors for the
duration of the HUD-sponsored
evaluation of the cohort of the MTW
E:\FR\FM\27DEN1.SGM
27DEN1
khammond on DSK30JT082PROD with NOTICES
66740
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
Expansion for which the PHA was
selected and shall comply with all
aspects of its Cohort Study as outlined
in the Selection Notice (PIH Notice l–
l), under which the Authority was
designated.
(C) The Authority may be exempted
from certain provisions of the Housing
Act of 1937 and its implementing
regulations in accordance with the
requirements and procedures set forth
in the Operations Notice. However, the
Authority remains subject to all other
federal laws and HUD requirements, as
they be amended from time to time even
in the event of a conflict between such
a requirement and a waiver or activity
authorized by the Operations Notice.
(D) HUD reserves the right to require the
Authority to discontinue any activity or
to revise any activity to comply with the
Operations Notice and other applicable
HUD requirements in the event of a
conflict between an MTW activity and
such requirements, as determined by
HUD.
(E) HUD reserves the right to require the
Authority to discontinue any activity
derived from a waiver granted by the
Operations Notice should it have
significant negative impacts on families
or the agency’s operation of its assisted
housing programs using Section 8 and 9
funds, as determined by HUD.
Section 6. Transition
At least one year prior to expiration of
this MTW CACC Amendment, the
Authority shall submit a transition plan
to HUD. It is the Authority’s
responsibility to be able to end all MTW
activities that it has implemented
through its MTW Supplement to the
PHA Plan upon expiration of this MTW
CACC Amendment. The transition plan
shall describe plans for phasing out
such activities.
Section 7. Termination and Default
(A) If the Authority violates or fails to
comply with any requirement or
provision of the CACC, including this
amendment, HUD is authorized to take
any corrective or remedial action
described in this Section 7 for Authority
default or any other right or remedy
existing under applicable law, or
available at equity. HUD will give the
Authority written notice of any default,
which shall identify with specificity the
measures, which the Authority must
take to cure the default and provide a
specific time frame for the Authority to
cure the default, taking into
consideration the nature of the default.
The Authority will have the opportunity
to cure such default within the specified
period after the date of said notice, or
to demonstrate within 10 days after the
date of said notice, by submitting
substantial evidence satisfactory to
VerDate Sep<11>2014
17:14 Dec 26, 2018
Jkt 247001
HUD, that it is not in default. However,
in cases involving clear and apparent
fraud, serious criminal behavior, or
emergency conditions that pose an
imminent threat to life, health, or safety,
if HUD, in its sole discretion,
determines that immediate action is
necessary it may institute the remedies
under Section 7(B) of this MTW ACC
Amendment without giving the
Authority the opportunity to cure.
(B) If the Authority is in default and the
default has not been cured, HUD may,
undertake any one or all remedies
available by law, including but not
limited to the following:
i. Suspend payment or reimbursement
for any MTW activities affected;
ii. Suspend the Authority’s authority to
make draws or receive or use funds
for affected activities;
iii. Require additional reporting by the
Authority on the deficient areas and
the steps being taken to address the
deficiencies;
iv. Require the Authority to prepare and
follow a HUD-approved schedule of
actions and/or a management plan
for properly completing the
activities approved under this MTW
ACC Amendment;
v. Suspend the MTW waiver
authorization for the affected
activities;
vi. Prohibit payment or reimbursement
for any MTW activities affected by
the default;
vii. Require reimbursement by the
Authority to HUD for amounts used
in violation of this MTW ACC
Amendment;
viii. Reduce/offset the Authority’s future
funding;
ix. Terminate this MTW ACC
Amendment and require the
Authority to transition out of MTW;
x. Take any other corrective or remedial
action legally available; and/or
xi. Implement administrative or judicial
receivership of part, or all, of the
Authority.
(C) The Authority may choose to
terminate this MTW CACC Amendment
at any time. Upon HUD’s receipt of
written notification from the Authority
and a copy of a resolution approving
termination from its governing board,
termination will be effective. The
Authority will then begin to transition
out of MTW, and will work with HUD
to establish an orderly phase-out of
MTW activities, consistent with Section
6 of this MTW CACC Amendment.
(D) Nothing contained in this CACC
amendment shall prohibit or limit HUD
from the exercise of any other right or
remedy existing under any ACC, CACC,
or available under applicable law.
HUD’s exercise or non-exercise of any
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
right or remedy under this amendment
shall not be construed as a waiver of
HUD’s right to exercise that or any other
right or remedy at any time.
Section 8. Notwithstanding any
provision set forth in this MTW CACC
Amendment, any future laws that
conflict with any provision of this
CACC Amendment, as determined by
HUD, HUD’s implementation of any
future laws that conflict with any
provision of this MTW CACC
Amendment, or any HUD determination
that a future law conflicts with any
provision of this CACC Amendment,
shall not be deemed to be a breach of
this CACC Amendment. HUD’s
execution of the conflicting law, or the
execution of a law that HUD deems
conflicting, shall not serve as any basis
for a breach of contract claim, or breach
of contract cause of action, in any court.
Any future laws affecting the
Authority’s funding, even if that effect
is a decrease in funding, and HUD’s
implementation thereof that affects
funding shall not be deemed a breach of
this CACC Amendment and shall not
serve as any basis for a breach of
contract claim, or breach of contract
cause of action, in any court.
Section 9. This MTW CACC
Amendment is effective upon the date
of execution by HUD.
In consideration of the foregoing
covenants, the parties do hereby execute
this MTW CACC Amendment:
HOUSING AUTHORITY
llll
By:ll
Its:ll
Date:ll
UNITED STATES DEPARTMENT OF
HOUSING AND URBAN
DEVELOPMENT
llll
By:ll
Its:ll
Date:ll
[FR Doc. 2018–28096 Filed 12–26–18; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–LE–2018–N158; FF09L00200–FX–
LE18110900000; OMB Control Number
1018–0129]
Agency Information Collection
Activities; Captive Wildlife Safety Act
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
SUMMARY:
E:\FR\FM\27DEN1.SGM
27DEN1
]]>Agencies
[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66738-66740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28096]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7006-N-20]
60-Day Notice of Proposed Information Collection: Moving to Work
Amendment To Consolidated Annual Contributions Contract
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, PIH, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 66739]]
SUMMARY: HUD is seeking approval from the Office of Management and
Budget (OMB) for the information collection described below. In
accordance with the Paperwork Reduction Act, HUD is requesting comment
from all interested parties on the proposed collection of information.
The purpose of this notice is to allow for 60 days of public comment.
DATES: Comments Due Date: February 25, 2019.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and/or OMB
Control Number and should be sent to: Colette Pollard, Reports
Management Officer, QDAM, Department of Housing and Urban Development,
451 7th Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-
402-3400 (this is not a toll-free number) or email at
Colette.Pollard@hud.gov for a copy of the proposed forms or other
available information. Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, QDAM, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410; e-mail Colette Pollard at
Colette.Pollard@hud.gov or telephone 202-402-3400. This is not a toll-
free number. Persons with hearing or speech impairments may access this
number through TTY by calling the toll-free Federal Relay Service at
(800) 877-8339.
Copies of available documents submitted to OMB may be obtained from
Ms. Pollard.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: Moving to Work Amendment to
Consolidated Annual Contributions Contract.
OMB Approval Number: Pending OMB Approval.
Type of Request: New Collection.
Form Number: TBD.
Description of the need for the information and proposed use: The
Moving to Work (MTW) amendment to the Consolidated Annual Contributions
Contract, signed by HUD and the selected Public Housing Authority (PHA)
is necessary to govern 100 new PHA's participation in the MTW
demonstration pursuant to the 2016 Appropriations Act. It will allow
the PHA to operate under the MTW Operations Notice and its respective
selection notice, while remaining subject to the CACC when not
otherwise waived by the Operations Notice, and to detail the
termination and default rights of HUD should an agency fail in its
implementation of the demonstration.
Respondents: Public Housing Authorities.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Responses per Burden hour per Annual burden Hourly cost per
Information collection respondents response annum response hours response Annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total.......................... 100 Once.............. 1 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
HUD encourages interested parties to submit comment in response to
these questions.
C. Authority Section 3507 of the Paperwork Reduction Act of 1995, 44
U.S.C. Chapter 35
Date: December 13, 2018.
Merrie Nichols-Dixon,
Director, Office of Policy, Programs and Legislative Initiatives.
MOVING TO WORK AMENDMENT TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT
Section 1. This Moving to Work (MTW) Amendment to the Consolidated
Annual Contributions Contract (MTW CACC Amendment) is entered into
between the United States Department of Housing and Urban Development
(``HUD'') and__(the ``Authority'').
Section 2. This MTW CACC Amendment is an amendment to any
Consolidated Annual Contributions Contracts (``the CACC'') between the
Authority and HUD for the Public Housing and Housing Choice Voucher
programs.
Section 3. The CACC is amended in connection with the Authority's
designation as a participant in the expansion of the MTW demonstration
pursuant to Section 239 of the Consolidated Appropriations Act, 2016,
P.L. 114-113; 129 Stat. 2897 (2016 MTW Expansion Statute) and Section
204 of the Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1996, P.L.
104-134; 110 Stat. 1321-281 (1996 MTW statute). The Authority's
participation in the expansion of the MTW demonstration shall be
governed by the MTW Operations Notice for the Expansion of the Moving
to Work Demonstration (PIH Notice 2019-XXXX) or any successor notice
issued by HUD, (which shall collectively be called ``the Operations
Notice'' throughout this document).
Section 4. The term of this amendment shall be for 12 years from
the effective date of this amendment or until termination of this
amendment, whichever is sooner
Section 5. Requirements and Covenants.
(A) As a participant in the MTW demonstration, the Authority must
operate in accordance with the express terms and conditions set forth
in the Operations Notice. The MTW Operations Notice may be superseded
or amended by HUD at any time during the MTW term of the Authority's
participation in the MTW demonstration.
(B) The Authority will cooperate fully with HUD and its contractors for
the duration of the HUD-sponsored evaluation of the cohort of the MTW
[[Page 66740]]
Expansion for which the PHA was selected and shall comply with all
aspects of its Cohort Study as outlined in the Selection Notice (PIH
Notice _-_), under which the Authority was designated.
(C) The Authority may be exempted from certain provisions of the
Housing Act of 1937 and its implementing regulations in accordance with
the requirements and procedures set forth in the Operations Notice.
However, the Authority remains subject to all other federal laws and
HUD requirements, as they be amended from time to time even in the
event of a conflict between such a requirement and a waiver or activity
authorized by the Operations Notice.
(D) HUD reserves the right to require the Authority to discontinue any
activity or to revise any activity to comply with the Operations Notice
and other applicable HUD requirements in the event of a conflict
between an MTW activity and such requirements, as determined by HUD.
(E) HUD reserves the right to require the Authority to discontinue any
activity derived from a waiver granted by the Operations Notice should
it have significant negative impacts on families or the agency's
operation of its assisted housing programs using Section 8 and 9 funds,
as determined by HUD.
Section 6. Transition
At least one year prior to expiration of this MTW CACC Amendment, the
Authority shall submit a transition plan to HUD. It is the Authority's
responsibility to be able to end all MTW activities that it has
implemented through its MTW Supplement to the PHA Plan upon expiration
of this MTW CACC Amendment. The transition plan shall describe plans
for phasing out such activities.
Section 7. Termination and Default
(A) If the Authority violates or fails to comply with any requirement
or provision of the CACC, including this amendment, HUD is authorized
to take any corrective or remedial action described in this Section 7
for Authority default or any other right or remedy existing under
applicable law, or available at equity. HUD will give the Authority
written notice of any default, which shall identify with specificity
the measures, which the Authority must take to cure the default and
provide a specific time frame for the Authority to cure the default,
taking into consideration the nature of the default. The Authority will
have the opportunity to cure such default within the specified period
after the date of said notice, or to demonstrate within 10 days after
the date of said notice, by submitting substantial evidence
satisfactory to HUD, that it is not in default. However, in cases
involving clear and apparent fraud, serious criminal behavior, or
emergency conditions that pose an imminent threat to life, health, or
safety, if HUD, in its sole discretion, determines that immediate
action is necessary it may institute the remedies under Section 7(B) of
this MTW ACC Amendment without giving the Authority the opportunity to
cure.
(B) If the Authority is in default and the default has not been cured,
HUD may, undertake any one or all remedies available by law, including
but not limited to the following:
i. Suspend payment or reimbursement for any MTW activities affected;
ii. Suspend the Authority's authority to make draws or receive or use
funds for affected activities;
iii. Require additional reporting by the Authority on the deficient
areas and the steps being taken to address the deficiencies;
iv. Require the Authority to prepare and follow a HUD-approved schedule
of actions and/or a management plan for properly completing the
activities approved under this MTW ACC Amendment;
v. Suspend the MTW waiver authorization for the affected activities;
vi. Prohibit payment or reimbursement for any MTW activities affected
by the default;
vii. Require reimbursement by the Authority to HUD for amounts used in
violation of this MTW ACC Amendment;
viii. Reduce/offset the Authority's future funding;
ix. Terminate this MTW ACC Amendment and require the Authority to
transition out of MTW;
x. Take any other corrective or remedial action legally available; and/
or
xi. Implement administrative or judicial receivership of part, or all,
of the Authority.
(C) The Authority may choose to terminate this MTW CACC Amendment at
any time. Upon HUD's receipt of written notification from the Authority
and a copy of a resolution approving termination from its governing
board, termination will be effective. The Authority will then begin to
transition out of MTW, and will work with HUD to establish an orderly
phase-out of MTW activities, consistent with Section 6 of this MTW CACC
Amendment.
(D) Nothing contained in this CACC amendment shall prohibit or limit
HUD from the exercise of any other right or remedy existing under any
ACC, CACC, or available under applicable law. HUD's exercise or non-
exercise of any right or remedy under this amendment shall not be
construed as a waiver of HUD's right to exercise that or any other
right or remedy at any time.
Section 8. Notwithstanding any provision set forth in this MTW CACC
Amendment, any future laws that conflict with any provision of this
CACC Amendment, as determined by HUD, HUD's implementation of any
future laws that conflict with any provision of this MTW CACC
Amendment, or any HUD determination that a future law conflicts with
any provision of this CACC Amendment, shall not be deemed to be a
breach of this CACC Amendment. HUD's execution of the conflicting law,
or the execution of a law that HUD deems conflicting, shall not serve
as any basis for a breach of contract claim, or breach of contract
cause of action, in any court. Any future laws affecting the
Authority's funding, even if that effect is a decrease in funding, and
HUD's implementation thereof that affects funding shall not be deemed a
breach of this CACC Amendment and shall not serve as any basis for a
breach of contract claim, or breach of contract cause of action, in any
court.
Section 9. This MTW CACC Amendment is effective upon the date of
execution by HUD.
In consideration of the foregoing covenants, the parties do hereby
execute this MTW CACC Amendment:
HOUSING AUTHORITY
____
By:__
Its:__
Date:__
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
____
By:__
Its:__
Date:__
[FR Doc. 2018-28096 Filed 12-26-18; 8:45 am]
BILLING CODE 4210-67-P
