[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11323]


[[Page Unknown]]

[Federal Register: May 11, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Native American Programs
[Docket No. D-94-1063; FR-3708-D-01]

 

Redelegation of Authority for Indian Programs

AGENCY: Office of Public and Indian Housing, HUD.

ACTION: Notice of redelegation of authority.

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SUMMARY: In this notice of redelegation of authority, the Director of 
the Office of Native American Programs is redelegating to Field Office 
of Native American Programs (FONAP) Administrators all power and 
authority, subject to certain specified exceptions, within their 
respective jurisdictions for: The management, development and 
acquisition of public housing for Indian families, including the 
modernization of existing public housing projects for Indian families; 
the development and acquisition of public housing under the Mutual Help 
Homeownership Opportunity Program; the HOME Investment Partnerships 
Program; and the Indian Community Development Block Grant (CDBG) 
Program.

EFFECTIVE DATE: April 15, 1994.

FOR FURTHER INFORMATION CONTACT:
Dominic A. Nessi, Director, Office of Native American Programs, Office 
of Public and Indian Housing, Department of Housing and Urban 
Development, room 4140, 451 7th Street, SW., telephone (202) 708-1015. 
(This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a notice published in the Federal 
Register on March 1, 1994, at 59 FR 9764, the Assistant Secretary for 
Public and Indian Housing redelegated all power and authority 
previously redelegated to HUD Regional Administrators with respect to 
Indian and Alaska Native programs, as well as any further redelegation 
of that authority, to the Director, the Deputy Director for 
Headquarters Operation, and the Deputy Director for Field Operations, 
Office of Native American Programs, subject to certain exceptions. In 
this notice, the Director of the Office of Native American Programs is 
redelegating to Field Office of Native American Programs (FONAP) 
Administrators all power and authority, subject to certain specified 
exceptions, within their respective jurisdictions for: The management, 
development and acquisition of public housing for Indian families, 
including the modernization of existing public housing projects for 
Indian families, pursuant to the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.); the development and acquisition of public housing 
under the Mutual Help Homeownership Opportunity Program under section 
202 of the United States Housing Act of 1937 (42 U.S.C. 1437bb); the 
HOME Investment Partnerships (HOME) Program for Indian tribes under 
Title II of the Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 12701 et seq.); and the Indian Community Development Block Grant 
(CDBG) Program under Title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301).

    Accordingly, the Director of the Office of Native American Programs 
redelegates as follows:

Section A. Authority Redelegated

    Each Field Office of Native American Programs (FONAP) Administrator 
is authorized by the Director of the Office of Native American Programs 
to exercise all power and authority, within their respective 
jurisdictions, required to administer the following programs, for 
Indian families:
    (1) The management, development and acquisition of public housing 
for Indian families, including the modernization of existing public 
housing projects for Indian families, pursuant to the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.);
    (2) The development and acquisition of housing under the Mutual 
Help Homeownership Opportunity Program under Title II of the United 
States Housing Act of 1937 (42 U.S.C. 1437bb);
    (3) The HOME Investment Partnerships (HOME) Program for Indian 
tribes under Title II of the Cranston Gonzalez National Affordable 
Housing Act (42 U.S.C. 12701 et seq.); and
    (4) The Indian Community Development Block Grant (CDBG) Program 
under Title I of the Housing and Community Development Act of 1974 (42 
U.S.C. 5301).

Section B. Authority Excepted

    The authority delegated under section A does not include the power 
to sue and be sued or to issue or waiver rules and statutes.
    (1) With respect to section A, paragraphs (1) and (2) above, the 
authority redelegated does not include the authority to:
    (a) Assign operating funds to the FONAPs for subassignment to the 
Indian housing Authorities (IHAs);
    (b) Allocate or reallocate funds pursuant to section 213 of the 
Housing and Community Development Act of 1974;
    (c) Issue a notice of default under Article V, Low-rent Housing 
Annual Contributions Contract (ACC) or Article XIII, Mutual Help 
Housing ACC; and
    (d) Respond to an appeal by an IHA regarding a determination of 
high risk in a case which involves actions related to a determination 
of ineligibility for funding.
    (2) With respect to section A, paragraph (3) above, the authority 
redelegated does not include the authority to:
    (a) effect remedies for noncompliance requiring notice and an 
opportunity for an administrative hearing;
    (b) Provide for distribution of amounts under section 217(a)(2) of 
the National Affordable Housing Act (42 U.S.C. 12747(a)(2));
    (c) Make determinations of the eligibility of Indian Tribes and 
Alaska Native Villages to participate in the HOME for Indians Program 
except that those officials designated in Section A may make those 
determinations of eligibility that can be made from lists provided to 
them each fiscal year by the Assistant Secretary for Public and Indian 
Housing; and
    (d) Determine that an applicant lacks the legal capacity to assume 
or carry out environmental review responsibilities pursuant to section 
288 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
12838).
    (3) With respect to section A, paragraph (4) above, the authority 
redelegated does not include the authority to:
    (a) Effect remedies for noncompliance requiring notice and an 
opportunity for an administrative hearing;
    (b) Grant waivers of the general terms and conditions of the 
community development block grant agreement;
    (c) Determine that an applicant lacks the legal capacity to assume 
or carry out environmental review responsibilities pursuant to section 
104(g) of the Housing and community development Act of 1974 (42 U.S.C. 
5304); and
    (d) Make determinations of the eligibility of Indian Tribes and 
Alaska Native Villages (as defined in 24 CFR 571.3(o)) to participate 
in the Indian CDBG Program except that those officials designated in 
section A may make those determinations of eligibility that can be made 
from lists provided to them each fiscal year by the Assistant Secretary 
for Public and Indian Housing.

Section C. Authority To Redelegate

    FONAP Administrators may redelegate the power and authority 
redelegated herein under section A.

    Authority: the United States Housing Act of 1937 (42 U.S.C. 1437 
et seq.); HOME Investment Partnerships Act (42 U.S.C. 12701 et 
seq.); Title I, Housing and Community Development Act of 1974 (42 
U.S.C. 5301); and section 7(d), Department of Housing and Urban 
Development Act (42 U.S.C. 3535(d)).

    Dated, April 8, 1994.
Elaine M. Dudley,
Deputy Director for Headquarters Operations, ONAP.
[FR Doc. 94-11323 Filed 5-10-94; 8:45 am]
BILLING CODE 4210-33-M