[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Notices]
[Pages 54737-54739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23882]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4837-D-45]


Consolidated Redelegation of Authority for Office of Public and 
Indian Housing

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 
pertaining to the Office of Public and Indian Housing published October 
7, 1994.

EFFECTIVE DATE: September 9, 2003.

FOR FURTHER INFORMATION CONTACT: Robert Dalzell, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 4228 Washington, DC 20410-5000, telephone 
(202) 708-0440. (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 Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: This notice supersedes the redelegation of 
authority published in the Federal Register on October 7, 1994 (59 FR 
51200), and provides guidance to staff concerning their specific 
functions and responsibilities under the programs for which all powers 
and authorities are redelegated through this notice.
    The notice of redelegated authority supersedes the October 7, 1994 
(59 FR 51200) notice that redelegated to the Office of Public Housing 
Hub Directors, all powers and authorities necessary to administer 
Public and Indian Housing (PIH) programs including, but not limited to 
the powers and authorities needed to perform the functions enumerated 
in this notice, except for those authorities which are specifically 
excepted from this redelegation of authority.
    Subject to the restrictions of this notice, the Hub Office of 
Public Housing Directors may further redelegate their

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authority to Program Center Coordinators, Hub Deputy Directors and 
Division Directors of Public Housing in HUD field offices as determined 
appropriate to efficiently manage office operations.

Section A. Authority Superseded

    The redelegation of authority contained within the revocation and 
redelegation of authority published on October 7, 1994 (59 FR 51200), 
is superseded by and replaced with this redelegation of authority.

Section B. Authority Redelegated for Management and Operation of PIH 
Programs

    The Assistant Secretary for Public and Indian Housing redelegates 
to the Public Housing Hub Directors, all powers and authorities 
necessary to administer PIH programs, including but not limited to 
those needed to perform the functions enumerated, except for the 
authority specifically excepted in this notice. In accordance with a 
written delegation of authority, Hub Office of Public Housing Directors 
may further redelegate their authority to Program Center Coordinators, 
Hub Deputy Directors and to all other ranking program officials on site 
or out-stationed. This general and specific program authority may be 
further redelegated, as appropriate, by Hub Office Directors, Program 
Center Coordinators, Hub Deputy Directors and all other ranking program 
officials on site or out-stationed, in accordance with a written 
redelegation of authority.

Section C. Authority for General Management Excepted

    The authority redelegated under Section B does not include:
    1. The authority to issue or waive regulations;
    2. The authority to sue and be sued;
    3. The authority to effect remedies for noncompliance requiring 
notice and opportunity for administrative hearing;
    4. Initial allocation of funds and reallocation of funding among 
field offices;
    5. Preparing the departmental budget and legislative proposals for 
consideration by Congress;
    6. Waiving provisions of the Annual Contributions Contract (ACC), 
except as expressly provided by regulation, notice or other directive;
    7. Waiving provisions and instructions of PIH directives relating 
to the obligation and payment of operating subsidies;
    8. Issuance of program regulations, Notices of Funding Availability 
(NOFAs), handbooks, notices and other HUD issuances relating to PIH 
program administration;
    9. Determining substantial breach or default of the ACC;
    10. Declaring breach or default in response to any violation of 
statute regulations or the ACC, and in taking possession or title of 
properties of the PHA;
    11. Soliciting competitive proposals from other PHAs and private 
management companies for managing all or part of the public housing 
administered by the PHA.

Section D. Authority Redelegated for Program-Specific Functions

    In addition to the general redelegations listed in Section B, and 
subject to the excepted authority in Section C., the Assistant 
Secretary for Public and Indian Housing redelegates authority for 
administration of programs under the following statutory authorities:
    1. Public Housing Development under the U.S. Housing Act of 1937 
(42 U.S.C. 1437 et seq.), and implementing regulations;
    2. Public Housing Operating Subsidy under Section 9, U.S. Housing 
Act of 1937, (42 U.S.C.1437g) and related implementing regulations;
    3. Public Housing Modernization; Capital Program and related 
implementing regulations;
    4. Section 8 Rental Voucher Program under Section 8(o), U.S. 
Housing Act of 1937 (42 U.S.C. 1437f(o);
    5. Section 8 Rental Certificate Program under Section 8, U.S. 
Housing Act of 1937 (42 U.S.C. 1437f) and related implementing 
regulations;
    6. Section 8 Moderate Rehabilitation Program under 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 related 
implementing regulations;
    7. All sub-components of these programs such as, but not limited to 
Family Self-Sufficiency, Family Unification, HOPE for Elderly 
Independence and Service Coordinators, HUD-Veterans Administration 
Supportive Housing, and Moving to Opportunity;
    8. Public Housing Energy Performance Contracting and Energy 
Efficiency Initiatives and related implementing regulations; and
    9. Public Housing and Moderate Rehabilitation Admissions and 
Occupancy and related implementing regulations.

Section E. Specific Program Authority Excepted

    The authority redelegated under Section D. does not include:
    1. The authority to score PHAs under the Public Housing Assessment 
System (PHAS) and Section Eight Management Assessment Program (SEMAP) 
and their respective implementing regulations, approving Demolition and 
Disposition of Public Housing (except the authority granted to the 
Director of the Special Applications Center as noted in Section F).
    2. The authority to approve special rent adjustments;
    3. The authority to conduct tax credit (subsidy layering) reviews;
    4. The authority to approve PHA requests for exception rents;
    5. The authority to approve grant extension requests for the 
following resident empowerment programs except for the Resident 
Opportunities and Self-Sufficiency (ROSS) program, or except as may be 
otherwise noted:
    5a. Public and Indian Resident Empowerment Programs, including: 
Tenant Opportunity Program; Public and Indian Housing Drug Elimination 
Program (including PHDEP New Approach, Technical Assistance and Youth 
Sports); Service Coordinators in Public Housing; Public and Indian 
Family Investment Centers; Public and Indian Housing Youth Family 
Investment Centers; Public Housing Youth Apprenticeship Program; Public 
and Indian Housing Economic Development and Supportive Services 
Program; and
    5b. Homeownership and Opportunity for People Everywhere (HOPE I); 
Section 5(h) Homeownership Program (Section 5(h) of the U.S. Housing 
Act of 1937 (42 U.S.C. 1437c(h); Turnkey III Homeownership Program, 
including: Turnkey III Debt Forgiveness, and Turnkey III Return to 
Rental; and HOPE VI. All authority for the HOPE VI program remains 
under the purview of Headquarters except for those activities and 
functions specifically delegated by formal memorandum to individual 
field offices.

Section F. Authority Redelegated to the Director of the Special 
Applications Center

    The Assistant Secretary for PIH redelegates authority to the 
Director of the Special Applications Center except for those 
authorities specifically excepted in Sections C. and E., as follows:
    The Director of SAC may exercise the authority to disapprove an 
application for demolition or disposition or an agreement for the 
taking of public housing property in eminent domain proceedings on the 
ground that the application or agreement is prohibited by or 
inconsistent with applicable

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Federal law only with the concurrence of the Assistant Secretary for 
Public and Indian Housing or the Assistant Secretary's designee.

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

    Dated: September 9, 2003.
Michael Liu,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 03-23882 Filed 9-17-03; 8:45 am]
BILLING CODE 4210-33-P