[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Notices]
[Page 1704-1705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja09-75]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5264-D-01]
Redelegation of Authority for Office of Public and Indian Housing
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice to redelegate authority.
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SUMMARY: Through this notice, the Assistant Secretary for Public and
Indian Housing retains and redelegates certain authority to the Deputy
Assistant Secretaries of the Office of Public and Indian Housing (PIH).
DATES: Effective Date: December 24, 2008.
FOR FURTHER INFORMATION CONTACT: Linda Bronsdon, AICP, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
7th Street, SW., Room 4116, Washington, DC 20410-5000, telephone number
202-708-0713. (This is not a toll-free number.) Hearing-or speech-
impaired individuals may access this number through TTY by calling the
toll-free Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: Section 7(d) of the Department of Housing
and Urban Development (HUD) Act, as amended (42 U.S.C. 3535(d)),
provides authority to the Secretary to delegate functions, powers and
duties as the Secretary deems necessary. In the Consolidated Delegation
of Authority for PIH, published on August 4, 2004, at 69 FR 47171, the
Secretary of HUD delegated authority to the Assistant Secretary for PIH
and authorized the Assistant Secretary to redelegate authority for the
administration of certain PIH programs.
Section A. Authority Redelegated
The Assistant Secretary for PIH redelegates to Deputy Assistant
Secretaries for PIH the power and authority of the Assistant Secretary
for PIH to administer the following:
1. Programs under the jurisdiction of the Secretary that are
carried out pursuant to the authority transferred from the Public
Housing Administration under Section 5(a) of the Department of Housing
and Urban Development Act (42 U.S.C. 3534) as amended;
2. Each program of the Department that is authorized pursuant to
the United States Housing Act of 1937 (1937 Act) (42 U.S.C. 1437 et
seq.) as amended, including but not limited to the Public Housing
program, Section 8 programs (except the following Section 8 Project-
Based programs: New Construction, Substantial Rehabilitation, Loan
Management Set-Aside and Property Disposition) and predecessor programs
that are no longer funded but have ongoing commitments;
3. PIH programs for which assistance is provided for or on behalf
of public housing agencies (PHAs), public housing residents or other
low-income households; and
4. PIH programs for which assistance is provided for or on behalf
of Native Americans, Indian tribes, Alaska Native Villages, Native
Hawaiians, tribal entities, tribally designated housing entities, or
tribal housing resident organizations, as defined in Section G.
Section B. Authority Excepted
The redelegation of authority to the Deputy Assistant Secretaries
does not include any power or authority under law specifically required
of either the Secretary of HUD or the Assistant Secretary of PIH.
Authority excepted includes:
1. Issue or waive regulations, including waivers pursuant to
Section 982.161(c) of title 24 of the Code of Federal Regulations which
permits HUD field offices to act on waivers of conflict of interests.
Public Housing Field Office Directors are to not exercise this
authority;
2. Issue notices to clarify regulations;
3. Issue Notices of Funding Availability (NOFAs), handbooks,
notices and other HUD policy directives;
4. Waive any provision of an Annual Contributions Contract (ACC)
including a determination of substantial breach or default; taking
possession or title of property from a PHA; and declaring breach or
default in response to any violation of statute or regulations;
5. Impose remedies for substantial noncompliance with the
requirements of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4101 et seq.) and/or its
implementing regulations; and
[[Page 1705]]
6. Declare a failure to comply with the regulations of the
Community Development Block Grants for Indian Tribes and Alaska Native
Villages.
Section C. Authority To Further Redelegate
In accordance with a written redelegation of authority, a Deputy
Assistant Secretary may further redelegate specific authority to PIH
Office Directors or to other ranking PIH program officials. Redelegated
authority to PIH directors or other ranking PIH program officials does
not supersede the authority of a Deputy Assistant Secretary as designee
of the Assistant Secretary for PIH. Such further redelegations include,
but are not limited to, the issuance of a Limited Denial of
Participation.
Section D. Exceptions to Authority To Further Redelegate
Authority redelegated from a Deputy Assistant Secretary to a PIH
Office Director or other ranking PIH program official is limited.
Excepted power and authority, meaning the authority may not be further
redelegated by, and remains with, a Deputy Assistant Secretary,
includes the authority to:
1. Offer new legislative proposals to Congress;
2. Allocate or reallocate funding among field offices;
3. Approve remedies for noncompliance requiring notice and
opportunity for administrative hearing;
4. Issue a Notice of Intent to Impose Remedies under the Indian
Housing Block Grant Program, Native Hawaiian Housing Block Grant
Program, or Community Development Block Grant Program for Indian Tribes
and Alaska Native Villages;
5. Waive provisions or instructions of PIH directives relating to
the obligation or payment of operating subsidies;
6. Solicit competitive proposals for the management of all or part
of public housing administered by a PHA;
7. Approve special rent adjustments;
8. Conduct tax credit and/or subsidy layering reviews, unless
specifically or otherwise noted;
9. Approve PHA requests for exception payment standards that exceed
120 percent of the Fair Market Rent (FMR); and
10. Approve grant extensions, unless specifically or otherwise
noted.
Section E. Redelegation of Authority to the Office of Native American
Programs
The Assistant Secretary for PIH hereby redelegates authority to the
Deputy Assistant Secretary of the Office of Native American Programs to
perform program administration and oversight responsibilities
associated with the following:
1. Programs authorized pursuant to NAHASDA (25 U.S.C. 4101 et
seq.);
2. The Community Development Block Grant Program for Indian Tribes
and Alaska Native Villages authorized by Section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306);
3. The Indian Home Loan Guarantee Program authorized by Section 184
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a);
4. The Native Hawaiian Loan Guarantee Program authorized by Section
184A of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13b); and
5. Rural Housing and Economic Development grants awarded to Indian
tribes and tribal entities by the Assistant Secretary for Community
Planning and Development.
Section F. Authority Superseded
All previous redelegations of authority between the Assistant
Secretary for PIH and PIH Deputy Assistant Secretaries are superseded
by and replaced with this redelegation of authority.
Section G. Actions Ratified
The Assistant Secretary for PIH hereby ratifies all actions
previously taken by Deputy Assistant Secretaries in PIH from August 4,
2004 through the effective date of this redelegation with respect to
programs and matters listed in this redelegation of authority. All
actions previously taken by the Deputy Assistant Secretary (DAS) for
the Office of Public Housing Investments (OPHI), or by the Director of
the Special Applications Center (SAC), with respect to the above
redelegated authority are hereby ratified. The redelegation of
authority from the DAS for OPHI to the Director of SAC, dated March 17,
2008, concerning actions taken from August 4, 2004 through the
effective date of this redelegation, remains in effect.
Authority: Section 7(d) Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
Dated: December 24, 2008.
Paula O. Blunt,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. E9-386 Filed 1-12-09; 8:45 am]
BILLING CODE 4210-67-P
