[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24836]


[[Page Unknown]]

[Federal Register: October 7, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. D-94-1073; FR-3770-D-01]

 

Supersedure and Redelegation of Authority

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of supersedure and redelegation of authority.

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SUMMARY: This notice supersedes the Redelegation of Authority published 
within the Federal Register Notice of Revocation and Redelegation of 
Authority (FR-3696), published April 15, 1994 (59 FR 18279); it also 
supersedes the January 11, 1994 memorandum to the field from the 
Assistant Secretary for Public and Indian Housing (PIH) entitled 
``Redelegation of Regional Approval Authorities''. The April 15th 
notice indicated that the Department would publish additional guidance 
for HUD field staff concerning their specific functions and 
responsibilities under the authorities redelegated to them. This 
document contains that guidance.

EFFECTIVE DATE: September 30, 1994.

FOR FURTHER INFORMATION CONTACT:
Casimir Bonkowski, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 4228, 
Washington, DC 20410, (202) 708-0440, or Dominic Nessi, Director, 
Office of Native American Programs, 451 7th Street SW., Room B-133, 
Washington, DC 20410, (202) 755-0032. The Telecommunications Device for 
the Deaf (TDD) number is (202) 708-0850. (These are not toll-free 
numbers.)

SUPPLEMENTARY INFORMATION: In November of 1993, the Secretary announced 
the reorganization of HUD's field structure to improve HUD's 
performance and provide HUD's customers--members of the public and 
program beneficiaries--more efficient service and less bureaucracy by 
empowering HUD's employees to more effectively serve these customers. 
In implementing these objectives, the Secretary determined to remove 
the Regional organizational layer and provide officials at lower 
organizational levels full authority to carry out program functions, 
with these field office officials reporting directly to program 
officials at Headquarters.
    On April 15, 1994 (59 FR 18279), the Department published a Notice 
revoking and redelegating program authority to meet the objectives of 
the reorganization for the Office of Public and Indian Housing. The 
Notice redelegated to Directors and Deputy Directors of Public Housing 
in HUD field offices and to Administrators of Field Offices of Native 
American Programs all powers and authorities necessary to carry out 
Office of Public and Indian Housing Programs within their 
jurisdictions. This document supersedes the April 15th redelegation, 
and provides further guidance to field staff concerning their specific 
functions and responsibilities under the programs for which all powers 
and authorities are hereby redelegated.
    Accordingly, the Assistant Secretary for Public and Indian Housing 
supersedes the prior redelegation and redelegates authority as follows:

Section A. Authority Superseded

    The redelegation of authority contained within the revocation and 
redelegation of authority (FR-3696), published on April 15, 1994 (59 FR 
18279), is hereby superseded by and replaced with this redelegation of 
authority; the redelegation contained within the January 11, 1994 
memorandum entitled ``Redelegation of Regional Approval Authorities'' 
from the Assistant Secretary for PIH to the field offices is also 
hereby superseded by and replaced with this redelegation of authority.

Section B. Authority Redelegated Common to General Management and 
Operation of PIH Programs

    In addition to the powers and authorities which are specific to the 
running of particular PIH programs, there are certain powers and 
authorities which are common to the general management and operation of 
the various programs of PIH. The Assistant Secretary for Public and 
Indian Housing redelegates to Directors and Deputy Directors of Public 
Housing in HUD field offices and to Administrators of Field Offices of 
Native American Programs the following powers and authorities necessary 
for the general management and operation of Public and Indian Housing 
programs, except for those powers and authorities which are 
specifically excepted from redelegation in Section C or otherwise 
below: (The authority which is specifically excepted from redelegation 
remains with the Assistant Secretary for PIH and is not redelegated to 
the Directors and Deputy Directors of Public Housing in HUD field 
offices and/or to Administrators of Field Offices of Native American 
Programs.)

General Authority Redelegated

     Executing Annual Contributions Contract (ACC) Amendments
     Receiving, reviewing and approving Housing Authority (HA) 
budgets, requisitions, and year end financial statements
     Signing budget approval letters
     Providing technical assistance and training to HAs 
concerning program administration
     Monitoring HA (and other grantee) performance and 
notifying them of monitoring findings
     Signing contracts between HUD and HAs; and approving 
contracts between HAs and their contractors and consultants
     Signing sub-assignments of program funds in accordance 
with directives from the Assistant Secretary for PIH (and as presently 
directed within his memorandum of April 20, 1994 entitled ``Delegation 
of Authority'')
     Signing approval/disapproval letters and notification 
documents regarding fund reservations
     Signing program grant agreements, amendments and award 
letters
     Signing HA correspondence, IPA or IG audit correspondence, 
Congressional correspondence, grantee correspondence, correspondence 
relating to FOIA requests, and all other public inquiries
     Approving certain waivers of PIH directives, as currently 
authorized within the Federal Register Notice entitled, ``Redelegation 
of Authority for Issuance of Waivers of Office of Public and Indian 
Housing Directives'' (FR-3597), published February 18, 1994 (59 FR 
8266)
     Completing appropriate reporting requirements (including 
data collection and analysis) mandated by Headquarters
     Submitting appeals for issues of dispute between HAs and 
field offices

General Authority Specifically Excepted from Redelegation

     Initial assignment of funds and reallocation of funding 
among field offices
     Preparing the Departmental budget and legislative 
proposals for consideration by Congress
     Preparing program regulations, Notices of Funding 
Availability (NOFAs), handbooks, notices and other HUD issuances 
relating to PIH program administration
     Approving waivers of certain PIH directives, as currently 
provided within the Federal Register Notice entitled, ``Redelegation of 
Authority for Issuance of Waivers of Office of Public and Indian 
Housing Directives'' (FR-3597), published February 18, 1994 (59 FR 
8266)
     Determining substantial breach or default of the ACC
     Monitoring field office performance and notifying field 
office of findings
     Reviewing HA appeals to field office decisions
     Arbitrating disputes between HAs and field offices
     Providing technical assistance and training to field 
offices concerning program administration

Section C. Program-Specific Redelegations

    In addition to the general redelegations listed in Section B., 
above, the Assistant Secretary for Public and Indian Housing 
redelegates authority for administration of specific programs.
    (1) In the case of each of the four following program areas, the 
powers and authorities for the corresponding Indian housing programs 
have already been redelegated from the Assistant Secretary for PIH, and 
were eventually redelegated to the Administrators of Field Offices of 
Native American Programs; the relevant notices of redelegation were 
published in the Federal Register on March 1, 1994 at 59 FR 9764 and on 
May 11, 1994 at 59 FR 24463, and remain in effect at this time. In the 
present notice, the powers and authorities for the corresponding public 
housing programs are redelegated to Directors and Deputy Directors of 
Public Housing in the HUD field offices. The Assistant Secretary for 
Public and Indian Housing hereby redelegates to Directors and Deputy 
Directors of Public Housing in HUD field offices all powers and 
authorities necessary to administer the following PIH programs 
(including but not limited to those needed to perform the functions 
enumerated), except for those powers and authorities which are 
specifically excepted from redelegation in Section B. or otherwise 
below:
    (a) Public Housing Development (U.S. Housing Act of 1937, 42 U.S.C. 
1437 et seq.); and implementing regulations:

Authority Redelegated

     Approve Total Development Costs (TDC) limits up to 105% of 
the current TDC limits [24 CFR 941.406(a)(3)(i)(B)]
     Approve reformulations and changes in development methods
     Approve 30-month start deadline extensions if USHA Section 
5(k) criteria are met
     Sign approval/disapproval letters and notification 
documents regarding fund reservations
     Suspend and release payments requisitioned by HAs
     Approve additional units using excess development funds
     Reduce the number of units in a project
     Terminate projects after 30-months; and within the 30-
month deadline with the consent of the HA
     Approve change orders
     Reopen an Actual Development Cost Certification (ADCC) as 
long as no amendment funds are required
     Conduct environmental reviews and determine compliance 
with the National Environmental Policy Act and related laws, orders and 
regulations

Authority Specifically Excepted From Redelegation

     Approval of TDCs over 105% of the current limits
     Start extensions that do not meet the criteria in Section 
5(k)
    (b) Public Housing Operating Subsidy (Performance Funding System 
Operating Subsidy) (Section 9, U.S. Housing Act of 1937, 42 U.S.C. 
1437g); and implementing regulations:

Authority Redelegated

     Review and approve calculation of Performance Funding 
System Operating Subsidy, including basic eligibility and add-ons for 
current and requested budget years (i.e. costs attributable to the 
enactment of a Federal Law, unemployment compensation, flood insurance 
premiums, Family Self-Sufficiency (FSS) Program coordinators and units 
used to support the FSS program)
     Review and approve requests for Performance Funding System 
operating subsidy for non-dwelling units used in support of economic 
self-sufficiency and anti-drug activities (approval authority is 
limited to one site (one or more contiguous units) per housing 
development)
     Review (but not approve) requests to obligate and pay 
operating subsidy by Letter of Intent
     Review and approve requests for payment of operating 
subsidy for expired years, where the request for funding is under 
$500,000
     Monitor the obligation of operating subsidy funds through 
the use of the office budget obligation tracking system
     Review and approve requests for retention of residual 
receipts
     Review audits and assist HAs in the resolution of fiscal 
findings
     Review and approve HA qualification for incentives for 
energy conservation improvements

Authority Specifically Excepted From Redelegation

     Approve requests for Performance Funding System waivers of 
the Vacancy Rule
     Approve requests for Performance Funding System operating 
subsidy for multiple sites per housing development for non-dwelling 
units used in support of economic self sufficiency and anti-drug 
activities (requests for multiple sites per housing development can 
only be approved by Headquarters)
     Approve requests to obligate and pay operating subsidy by 
Letter of Intent
     Approve requests for payment of operating subsidy for 
expired years, where the request for funding is $500,000 or more
     Approve add-ons for prior years (beyond current and 
requested budget year)
     Waive instructions in the Fund Assignment memoranda
    (c) Public Housing Modernization; Comprehensive Grant Program 
(Section 14 of the U.S. Housing Act of 1937 (42 U.S.C. 14371), and 
Section 509 of the Cranston-Gonzalez National Affordable Housing Act of 
1990 (Pub. L. 101-625)); and implementing regulations:

Authority Redelegated

     Approve formula characteristics reports
     Conduct environmental reviews and determine compliance 
with National Environmental Policy Act and related laws, orders and 
regulations
     Process comprehensive plans and annual submissions and 
make funding decisions
     Approve revisions to the annual statement, five year 
action plan and comprehensive plan
     Approve formula appeals based on errors
     Suspend and release payments requisitioned by HAs
     Approve time extensions for delays within HA's control
     Impose corrective actions on HAs
     Terminate approved programs and recapture funds
     Approve program closeouts and sign actual modernization 
cost certificates
     Approve appeals of reduced formula amounts for Mod-
Troubled HAs

Authority Specifically Excepted From Redelegation

     Approve formula appeals based on unique circumstances
     Approve funding from national reserve for emergency and 
natural disasters
    (d) Public Housing Modernization (Comprehensive Improvement 
Assistance Program) (Section 14, U.S. Housing Act of 1937, 42 U.S.C. 
14371); and implementing regulations:

Authority Redelegated

     Conduct environmental reviews and determine compliance 
with National Environmental Policy Act and related laws, orders and 
regulations
     Process applications and make funding decisions
     Establish thresholds for prior HUD approval
     Approve contracting actions and budget revisions
     Suspend and release payments requisitioned by HAs
     Approve time extensions for delays within HA's control
     Impose corrective actions on HAs
     Terminate approved programs and recapture funds
     Approve program closeouts and sign actual modernization 
cost certificates

Authority Specifically Excepted From Redelegation

     Approve funding from national reserve for emergency and 
natural disaster
    (2) In the case of the remaining PIH programs, the Assistant 
Secretary for PIH is in this notice redelegating to Directors and 
Deputy Directors of Public Housing in HUD field offices as well as to 
Administrators of Field Offices of Native American Programs. The 
Assistant Secretary for Public and Indian Housing hereby redelegates to 
Directors and Deputy Directors of Public Housing in HUD field offices 
and to Administrators of Field Offices of Native American Programs all 
powers and authorities necessary to administer the following PIH 
programs (including but not limited to those needed to perform the 
functions enumerated), except for those powers and authorities 
specifically excepted from redelegation in Section B, or otherwise 
below:
    (a) Section 8 Rental Voucher Program (Section 8(o), U.S. Housing 
Act of 1937, 42 U.S.C. 1437f(o)); Section 8 Rental Certificate Program 
(Section 8, U.S. Housing Act of 1937, 42 U.S.C. 1437f); Section 8 
Moderate Rehabilitation Program (Section 8, U.S. Housing Act of 1937, 
42 U.S.C. 1437f), except for Section 8 Moderate Rehabilitation Single 
Room Occupancy (SRO) Program; and all sub-components of these programs 
such as family self sufficiency, family unification, HOPE for elderly 
independence and service coordinators, HUD-Veterans Administration 
supportive housing, and moving to opportunity; and implementing 
regulations:

Authority Redelegated

     Receive, rate, and rank HA applications, in accordance 
with the Notification of Funding Availability (NOFA)
     Approve HA applications and reserve contract and budget 
authority for various funding activities
     Maintain data in the federal financial system
     Request special funding from Headquarters set-asides
     Determine funding needs for renewing expiring funding 
increments and reserve renewal funds
     Enter into contracts and grant agreements with HAs for 
administration of the programs
     Conduct environmental reviews and determine compliance 
with National Environmental Policy Act and related laws, orders and 
regulations
     Conduct HA management reviews
     Approve HA requests for project based certificates
     Identify amendment needs (SURVEY) for the moderate 
rehabilitation and rental certificate programs
     Review initial rents for non-SRO moderate rehabilitation 
HAP Contracts of 50 or more units
     Review and approve special rent adjustments
     Review and approve HA requests for exception to the FSS 
program
     Review and approve HA requests for increased 
administrative fees
     Conduct tax credit (subsidy layering) reviews
     Establish initial contract rents in the project-based 
certificate program

Authority Specifically Excepted From Redelegation

     Provisions of handbooks and notices specifically 
identified by the Assistant Secretary as authority for which is not 
redelegated (such as the approval of Fair Market Rent (FMR) exceptions 
that cover more than 50% of a FMR area)
    (b) Public and Indian Housing Resident Empowerment Grant programs, 
including: Resident Management Technical Assistance Grants (Section 
20(f) of the U.S. Housing Act of 1937, 42 U.S.C. 1437r(f)); Public and 
Indian Housing Youth Sports Program (42 U.S.C. 11903a, authorized by 
Section 520 of the Cranston-Gonzalez National Affordable Housing Act of 
1990 (Pub. L. 101-625)); Public and Indian Housing Drug Elimination 
Program (the Public and Assisted Housing Drug Elimination Act of 1990, 
42 U.S.C. 11901 note); Service Coordinators in Public Housing (Section 
661 of the Housing and Community Development Act of 1992, Title VI, 
Subtitle E); Public and Indian Housing Family Investment Centers 
(Section 22 of the U.S. Housing Act of 1937 (42 U.S.C. 1437t)); Public 
and Indian Housing Youth Family Investment Centers (42 U.S.C. 1437t); 
and the Public Housing Youth Apprenticeship Program (Department of 
Veterans Affairs, Department of Housing and Urban Development and 
Independent Agencies Appropriations Act for 1993 (Pub. L. 103-124, 
approved October 28, 1993)); and implementing regulations:

Authority Redelegated

     Conduct environmental reviews and determine compliance 
with National Environmental Policy Act and related laws, orders and 
regulations
     Make recommendations on sanctions
     Acknowledge receipt of grantee performance report
     Sign substantive review of grantee performance report
     Approve progress and financial reports
     Closeout, terminate, reduce or limit the availability of 
grant payments
     Approve deadline extensions unless required by statute or 
regulation
    (c) Homeownership and Opportunity for People Everywhere (HOPE) 
(Title III of the U.S. Housing Act of 1937, and Section 411 of the 
Cranston-Gonzalez National Affordable Housing Act of 1990 (Pub. L. 101-
625); and implementing regulations:

Authority Redelegated

     Conduct environmental reviews and determine compliance 
with national Environmental Policy Act and related laws, orders and 
regulations
     Make recommendations on sanctions
     Acknowledge receipt of grantee performance report
     Sign substantive review of grantee performance report
     Approve progress and financial reports
     Closeout, terminate, reduce or limit the availability of 
grant payments
     Approve deadline extensions unless required by statute or 
regulation
     Sign rejection letters
     Execute Grant Agreements
     Approve Project Management Plans (PMPs)
     Approve Grant Agreement Amendments
     Sign waiver requests to Headquarters as needed
     Perform necessary LOCCS/VRS processing
    (d) Section 5(h) Homeownership Program (Section 5(h) of the U.S. 
Housing Act of 1937, 42 U.S.C. 1437c(h)); and implementing regulations:

Authority Redelegated

     Conduct environmental reviews and determine compliance 
with National Environmental Policy Act and related laws, orders and 
regulations
     Make recommendations on sanctions
     Acknowledge receipt of grantee performance report
     Sign substantive review of grantee performance report
     Approve progress and financial reports
     Closeout, terminate, reduce or limit the availability of 
grant payments
     Approve deadline extensions unless required by statute or 
regulation
     Sign approval letters
     Execute Implementing Agreements
     Approve Implementing Agreement Amendments
     Sign waiver requests to Headquarters as needed
    (e) Turnkey III Homeownership Program (42 U.S.C. 1437-1437ee); and 
implementing regulations:

Authority Redelegated--Turnkey III Generally

     Conduct environmental reviews and determine compliance 
with National Environmental Policy Act and related laws, orders and 
regulations
     Make recommendations on sanctions
     Acknowledge receipt of grantee performance report
     Sign substantive review of grantee performance report
     Approve progress and financial reports
     Closeout, terminate, reduce or limit the availability of 
grant payments.
     Approve deadline extensions unless required by statute or 
regulation

Authority Redelegated--Turnkey III Debt Forgiveness

     Sign request to OFA for project payoff balance (does not 
apply to Office of Native American programs)
     Approve checklist and certify compliance with relevant HUD 
notice, currently identified as HUD Notice 91-28 (does not apply to 
Office of Native American programs) (Note: This may be redelegated to 
an authorized field office reviewer)
     Sign waiver request to Headquarters, including signed 
checklist and recommendation to grant waiver for good cause (does not 
apply to Office of Native American programs)
     Certify compliance with HUD handbooks, as applicable (In 
the case of Office of Native American programs, handbook is currently 
identified as 7470.1 Indian Housing Financial Management Handbook)
     Sign request to field office counsel to prepare Loan 
Forgiveness ACC Amendment, Administrative Use Agreement or ACC Use 
Amendments, as applicable
     Execute ACC amendments or Administrative Use Agreements
     Sign refund request and recommendation with package to OFA
     Approve amendments to Administrative Use Agreements

Authority Redelegated--Turnkey III Return to Rental

     Sign request to Headquarters for approval based on 
compliance with checklist
     Sign request to field office counsel to prepare ACC 
amendments
    (f) HOPE VI (Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1993, Pub. L. 
102-389, 106 Stat. 1571); Revitalization of Severely Distressed Public 
Housing (Section 120 of the Housing and Community Development Act of 
1992, Pub. L. 102-550, 42 U.S.C. 1437(v)); and implementing 
regulations:
    Since this program is a demonstration and the Department is seeking 
to experiment with different approaches to revitalizing these severely 
distressed developments, the Assistant Secretary for PIH will not be 
delegating to field offices the authority to make fundamental decisions 
regarding the HOPE VI developments. The Department anticipates 
publishing a HOPE VI Processing Notice that will articulate the method 
in which all HOPE VI grants will be administered and the respective 
roles of the Field Office staffs and Headquarters staff, Office of 
Distressed and Troubled Housing Recovery, HOPE VI Division.
    One or more of the following public housing program areas may be 
involved at the HOPE VI site: Public Housing Development; Demolition, 
Disposition, and Replacement Housing Plans; Section 8 Certificates and 
Vouchers; Operating Subsidy; and Line of Credit Control.

Authority Redelegated

     Conduct environmental review and determine compliance with 
National Environmental Policy Act and related laws, orders and 
regulations
     Make recommendations on various actions requiring HUD 
involvement
     Monitor for basic compliance with procurement, contract 
administration, and compliance with the ACC
     Acknowledge receipt of grantee performance report
     Review substance of grantee performance report
     Make recommendations on Demolition, Disposition, and 
Replacement Housing issues related to HOPE VI sites
     Review and recommend to the Office of Distressed and 
Troubled Housing Recovery, HOPE VI Division approval/disapproval of 
various contract and bid documents in accordance with the thresholds 
established under the Comprehensive Grant Program

Authority Specifically Excepted From Redelegation

     Sign program grant agreements and amendments
     Sign SF 718 Fund Reservation
     Sign grant award letter
     Sign Congressional Correspondence
     Disbursement of funds through LOCCS/VRS (This function 
should be redelegated to each Field Office once the grants are spread 
in LOCCS/VRS by Headquarters)
     Sign correspondence to the grantee related to HOPE VI
     Waive handbooks, notices, or other Departmental directives 
related to the operation of HOPE VI or any other public housing program 
involved in the HOPE VI initiative
     All Demolition, Disposition, and Replacement Housing 
issues related to the HOPE VI site will be handled by Headquarters
    (g) Public Housing Management Assessment Program (42 U.S.C. 14371, 
authorized by Section 502 of the Cranston-Gonzalez National Affordable 
Housing Act of 1990 (Pub. L. 101-625)); and implementing regulations:

Authority Redelegated

     Complete the PHMAP assessment for each HA within its 
jurisdiction
     Notify HAs of their PHMAP scores
     Conduct confirmatory reviews
     Maintain PHMAP file as open record
     Make determinations for high-performing, standard, 
troubled and mod-troubled HAs.
     Make determinations on exclusion and modification 
requests.
     Make determinations on initial appeals.
     Transmit the determination of an initial appeal to the HA.
     Make determinations of intentional false certification.
     Rescind any relief afforded high-performing HAs and 
reinstate any review as necessary to address the particular 
deficiencies, deny incentives or deny high performer status.
     If relief is rescinded, explain in writing the reasons for 
the action to the HA.
     If high performer status is denied or rescinded, send 
written notification to the HA.
     Review all cases in which a HA's score falls within ten 
points below the percentage required for designations of high-
performing HA, troubled HA and mod-troubled HA.
     Rule on petitions to remove troubled or mod-troubled 
status.
     Execute the Memorandum of Agreement (MOA) between HUD and 
a HA.
     Provide exemptions for the appointing authorities of the 
Board of Commissioners to execute the MOA.
     Resolve MOA differences.
     Submit MOA quarterly reports to Headquarters.
     Make determination that a HA's PHMAP assessment reflects 
improvement to warrant the removal of troubled and/or mod-troubled 
designation.
     Perform necessary data processing.

Authority Specifically Excepted From Redelegation

     Make determinations of appeals of rescission of high 
performer designation.
     Appeals of a Field Office's denial of an initial appeal.
    (h) Demolition and Disposition of Public Housing (Section 18 of the 
U.S. Housing Act of 1937, 42 U.S.C. 1437p); and implementing 
regulations:

Authority Redelegated

     Authority to conduct environmental reviews and determine 
compliance with National Environmental Policy Act and related laws, 
orders and regulations
     Authority to approve a HA's application for the 
disposition of non-dwelling units or structures (e.g., administration 
building, or community center).
     Authority to approve a HA's application for the demolition 
on non-dwelling units or structures (e.g., administration building, or 
community center).
     Authority to approve a HA's application for the 
disposition of utility systems.
     Authority to approve a HA's application for the 
disposition of non-fee interests in real estate, such as easements, 
rights-of-way, mineral leases or other leasehold interests.
     Authority to approve a HA's application for the 
disposition of 10 or less acres of land, whether vacant or occupied by 
non-dwelling structures.

Authority Specifically Excepted From Redelegation

     Authority to approve a HA's application for the demolition 
of public housing dwelling units, whether occupied or vacant.
     Authority to approve a HA's application for the 
disposition of public housing dwelling units, whether occupied or 
vacant.
     Authority to approve a HA's application for the 
disposition of public housing property (i.e., land, dwelling units, or 
non-dwelling space) at a negotiated sale.
     Authority to approve a HA's application for the 
disposition of public housing property (i.e., land, dwelling units, or 
non dwelling space) at less than the fair market value.
     Authority to approve a HA's application for the 
disposition of excess land, whether vacant or occupied by structures, 
of more than 10 acres.
    (i) Public Housing Energy Performance Contracting (Section 118 of 
the Housing and Community Development Act of 1987, 42 U.S.C. 1437g); 
and implementing regulations:

Authority Redelagated

     Approve solicitations and contracts.
     Monitor program implementation.
    (j) Public Housing Rental and Occupancy; (Sections 3, 6 and 16, 
U.S. Housing Act of 1937, 42 U.S.C. 1437a, 1437d, and 1437n); and 
implementing regulations:

Authority Redelegated

     Approval for permanent conversion of 100 or more dwelling 
units, or 20 percent or more of the dwelling units in a particular 
project. (Reference information presently found at Chapter 7, HB 
7486.1, the Public Housing Demolition, Disposition and Conversion 
Handbook)
     Approval for temporary conversion of dwelling units to a 
non-dwelling status for use in the provision of social services, 
charitable purposes or public safety activities. (Refer to Section 
203(A) of the Annual Contributions Contract (ACC))
     Approval of income limit exceptions where applicant 
families are not very low-income families to public housing units that 
became available for occupancy on or after October 1, 1981. (Refer to 
24 CFR Part 913.105(b) for public housing programs; 24 CFR Part 
905.301(b)(2) for Office of Native American programs; and 24 CFR Part 
813.105(b) for Section 8 programs)

Authority Specifically Excepted From Redelegation

     Requests for approval of ceiling rents

Section D. Authority to Further Redelegate

    The authority redelegated in Sections B and C, above, may be 
further redelegated.

    Authority: Section 7(d), Department of Housing and Urban 
Development Act, 42 U.S.C. 3535(d).

    Dated: September 30, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-24836 Filed 10-6-94; 8:45 am]
BILLING CODE 4210-33-M