[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24736-24738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6247]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4837-D-60]


Redelegations of Authority to Directors and Deputy Directors of 
Community Planning and Development in Field Offices

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice of redelegation of authority to field offices.

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SUMMARY: In this notice, the Assistant Secretary of Community Planning 
and Development redelegates to the Directors and Deputy Directors of 
Community Planning and Development in HUD Field Offices all powers and 
authorities necessary to carry out Office of Community Planning and 
Development programs, except those powers and authorities specifically 
excluded.

EFFECTIVE DATES: March 27, 2006.

FOR FURTHER INFORMATION CONTACT: Karen Daly, Director of Policy 
Development and Coordination, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 7240, Washington, DC 20410-7000; (202) 708-1817. This 
is not a toll-free number. For those needing assistance, this number 
may be accessed via TTY by Calling the Federal Information Relay 
Service at 800 877-8339.

SUPPLEMENTARY INFORMATION: On April 15, 1994 (59 FR 18280), the 
Assistant Secretary for Community Planning and Development (CPD) 
previously redelegated to Directors and Deputy Directors of CPD in HUD 
Field Offices all powers and authorities necessary to carry out CPD 
programs, except those powers specifically excluded. A notice published 
on May 11, 1994 (59 FR 24451), corrected the effective date of the 1994 
redelegations. A notice on published June 8, 1995 (60 FR 30312), 
further amended the 1994 redelegations.
    On September 16, 2003 (68 FR 54238), the Secretary issued a 
Consolidated Delegation of Authority for CPD programs to the Assistant 
Secretary and the General Deputy Assistant Secretary for Community 
Planning and Development. This notice updates and revises redelegations 
of authority to Directors and Deputy Directors of CPD in HUD Field 
Offices. Accordingly, the Assistant Secretary redelegates as follows:

Section A. General Redelegation of Authority

    1. Except as provided in Section C, the Assistant Secretary 
redelegates to the Directors and Deputy Directors of Community Planning 
and Development in HUD Field Offices all powers and authorities of the 
Assistant Secretary necessary to carry out the following Community 
Planning and Development programs and matters, except those authorities 
specifically excluded:
    1. Community Development Block Grants, Loan Guarantees and other 
programs covered by Title I of the Housing and Community Development 
Act of 1974, as amended, 42 U.S.C. 5301 et seq.
    Authority not redelegated:
     Terminate, reduce or limit the availability of grant 
payments pursuant to section 111(a), 42 U.S.C. 5311.
     Adjust entitlement and state grants pursuant to section 
104(e), 42 U.S.C.
    5304.
     Determine basic grant amounts for metropolitan cities, 
urban counties, and States pursuant to section 106, 42 U.S.C. 5306.
     Reallocate funds pursuant to section 106(c) or (d), 42 
U.S.C. 5306.
     Determine the qualifications of localities for special 
consideration. This includes, but is not limited to, the determination 
of qualifications of counties as urban counties pursuant to section 
102(a)(6), 42 U.S.C. 5302, the determination of what constitutes a city 
pursuant to section 102(a)(5), 42 U.S.C. 5302, and the determination of 
levels of physical and economic distress of cities and urban counties 
for eligibility for urban development action grants pursuant to section 
119(b), 42 U.S.C. 5318.
    Approve and disapprove applications, or amendments to applications, 
filed for loan guarantee or grant assistance, issue commitments or 
grant awards, execute grant agreements, or issue guarantees pursuant to 
section 108, 42 U.S.C. 5308.
    2. Consolidated plans, 24 CFR part 91 (including Comprehensive 
Housing Affordability Strategies based on title I of the Cranston-
Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12701 
et seq.) and submission and reporting requirements for the programs 
listed in paragraphs 1, 3, 4, and 6.
    Authority not redelegated:
    Effect remedies for noncompliance pursuant to section 108 of NAHA

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    3. Emergency Shelter Grants Program, title IV, subtitle B of the 
McKinney-Vento
    Homeless Assistance Act, as amended, 42 U.S.C. 11371 et seq.
    Authority not redelegated:
     Determine allocation amounts.
    4. HOME Investment Partnerships, title II of the Cranston-Gonzalez 
National Affordable Housing Act (NAHA), as amended, 42 U.S.C. 12721 et 
seq.
    Authority not redelegated:
     Determine allocation and reallocation amounts pursuant to 
section 217 of NAHA.
     Revoke a jurisdiction's designation as a participating 
jurisdiction pursuant to section 216 of NAHA.
     Effect remedies for noncompliance pursuant to section 223 
of NAHA.
    5. HOPE for Homeownership of Single Family Homes (HOPE 3), title 
IV, subtitle C of the Cranston-Gonzalez National Affordable Housing 
Act, as amended, 42 U.S.C. 12891.
    6. Housing Opportunities for Persons With AIDS, the AIDS Housing 
Opportunity Act, title VII, subtitle D of the Cranston-Gonzalez 
National Affordable Housing Act, as amended, 42 U.S.C. 12901 et seq.
    Authority not redelegated:
     Determine allocations, adjustments and reallocation 
amounts.
     Revoke a jurisdiction's designation as an eligible state 
or eligible metropolitan statistical area for a formula allocation or 
as an eligible applicant for a nonformula allocation.
     Effect remedies for noncompliance, such as termination, 
reduction or limitations on availability of grant payments, under 24 
CFR 574.500(c).
    7. Supportive Housing, Section 8 Moderate Rehabilitation Single 
Room Occupancy (SRO), and Shelter Plus Care Programs, title IV, 
subtitles C, D, E and F of the McKinney-Vento Homeless Assistance Act, 
as amended, 42 U.S.C. 11301 et seq.
    Authority not redelegated:
     Make funding decisions.
    8. Economic Development Initiative grants, as specified in annual 
HUD appropriations acts, e.g., Consolidated Appropriations Resolution, 
2003, Pub. L. 108-7, 117 Stat. 11 (Feb. 20, 2003).
    9. Neighborhood Initiatives grants, as specified in annual HUD 
appropriations acts, e.g., Consolidated Appropriations Resolution, 
2003, Pub. L. 108-7, 117 Stat. 11 (Feb. 20, 2003).
    10. The Rural Housing and Economic Development program, as provided 
for originally in the Fiscal Year 1998 HUD/VA Appropriations Act, Pub. 
L. 105-65, 111 Stat. 1344 (Oct. 27, 1997), and subsequent annual HUD 
appropriations acts.
    11. The Uniform Relocation Assistance and Real Property 
Acquisitions Policies Act of 1970 et seq., as amended, 42 U.S.C. 4601 
et seq.
    12. Youthbuild Program, title IV, subtitle D of the Cranston-
Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12899 
et seq.
    13. The Renewal Communities, urban Empowerment Zones and urban 
Enterprise Communities (RC/EZ/EC) Initiative as authorized under title 
26, subtitle A, chapter 1, subchapter U of the Internal Revenue Code, 
as amended, 26 U.S.C. 1391 et seq. with respect to urban Empowerment 
Zones and urban Enterprise Communities and title 26, subtitle A, 
chapter 1, subchapter X of the Internal Revenue Code, as amended, 26 
U.S.C. 1400E et seq. with respect to Renewal Communities; and grants 
for urban Empowerment Zones as provided for in annual HUD 
appropriations acts (e.g., Consolidated Appropriations Resolution, 
Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11, approved February 20, 
2003).
    Authority not redelegated:
     Approve or amend strategic plans or other state and local 
commitments, including boundary changes.
     Revoke a designation, including issuing a warning letter 
pursuant to 24 CFR parts 597, 598, and 599.
    14. District of Columbia Enterprise Zone, title 26, subtitle A, 
chapter 1, subchapter W of the Internal Revenue Code, 26 U.S.C. 1400 et 
seq., as amended.
    Authority not redelegated:
     Approve or amend strategic plans or other state and local 
commitments, including boundary changes.
    15. Technical Assistance Awards as authorized under Section 
107(b)(4) of the Housing and Community Development Act of 1974, 42 
U.S.C. 5307; Sections 233 and 242 of the Cranston-Gonzalez National 
Affordable Housing Act, 42 U.S.C. 12773 and 12781-83; Section 423 of 
the Stuart B. McKinney Homeless Assistance Act, 42 U.S.C. 11383 et 
seq.; Title IV of the Cranston-Gonzalez National Affordable Housing 
Act, as amended by the Housing and Community Development Act of 1992, 
42 U.S.C. 12899 et seq.; and as provided for in annual HUD 
appropriations acts, e.g., Consolidated Appropriations Resolution, 
Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11, approved February 20, 
2003.

Section B. Limited Denial of Participation

    Subject to the excepted authority in Section C (4), the Assistant 
Secretary redelegates to Directors and Deputy Directors of CPD in HUD 
Field Offices the authority to order a limited denial of participation 
sanction pursuant to HUD regulations at 24 CFR 24, subpart J with 
respect to the programs and matters listed in Section A; provided that 
the General Counsel, or such other official as may be designated by the 
General Counsel, must: (1) Concur in any proposed sanction under part 
24 before it is issued, and (2) concur in any proposed settlement of a 
sanction under part 24.

Section C. General Authority Excepted

    The authority redelegated under Section A 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 an opportunity for an administrative hearing; or
    (4) Any authority not delegated to the Assistant Secretary for CPD 
under the Consolidated Delegation of Authority for Community Planning 
and Development (September 16, 2003, 68 FR 54238).

Section D. Authority to Further Redelegate

    The authority redelegated in Sections A and B may not be further 
redelegated.

Section E. Redelegations Superseded

    All previous redelegated authorities to Directors and Deputy 
Directors of Community Planning and Development in HUD Field Offices 
that are inconsistent with this Redelegation of Authority are hereby 
superseded, or superseded in part, including, but not limited to, the 
following:
    (1) Redelegation of Authority from the Assistant Secretary for 
Community Planning and Development to the Field Offices, 59 FR 18280 
(April 15, 1994), as amended by Paragraph 6, Delegation and 
Redelegation of Authority; Correction, 59 FR 24451 (May 11, 1994).
    (2) Amendments to the Redelegation of Authority from the Assistant 
Secretary for Community Planning and Development to the Field Offices, 
60 FR 30312 (June 8, 1995).

Section F. Continuation in Effect of Other Redelegations

    Other redelegations of authority by the Assistant Secretary for 
Community Planning and Development, including his or her predecessors, 
with respect to any of the programs covered by this Redelegation of 
Authority which (1) are in effect as of the effective date of this 
document and (2) are consistent with this Redelegation of Authority are 
continued in effect unless and until

[[Page 24738]]

expressly modified or revoked by a delegation or redelegation of 
authority issued hereafter.

Section G. Actions Ratified

    The Assistant Secretary hereby ratifies all actions previously 
taken by the Directors and Deputy Directors of CPD in HUD Field 
Offices, from September 9, 2003, through the effective date of this 
document by the Secretary, with respect to the programs and matters 
listed in Section A and orders of limited denial of participation 
issued in accordance with Section B.


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

    Dated: March 27, 2006.
Pamela H. Patenaude,
Assistant Secretary for Community Planning and Development.
[FR Doc. E6-6247 Filed 4-25-06; 8:45 am]
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