[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60163-60165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16896]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5076-D-09]


Delegations of Authority for the Office of Housing-Federal 
Housing Administration (FHA); Redelegation of Authority to the Office 
of Affordable Housing Preservation

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Notice of revocation and redelegation of authority.

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SUMMARY: On October 1, 2004, the Assistant Secretary for Housing-
Federal Housing Commissioner (Assistant Secretary) redelegated 
authority to carry out provisions of Multifamily Assisted Housing 
Restructuring Act (MAHRA) to the General Deputy Assistant Secretary for 
Housing-Deputy Federal Housing Commissioner (General Deputy Assistant 
Secretary) and to staff within the Office of Affordable Housing 
Preservation. The purpose of today's notice is to update the 
redelegation of October 1, 2004.

DATES: Effective Date: September 15, 2006.

FOR FURTHER INFORMATION CONTACT: Eliot C. Horowitz, Senior Advisor to 
the

[[Page 60164]]

Assistant Secretary for Housing--Federal Housing Commissioner, Office 
of Housing, Department of Housing and Urban Development, Room 9110, 
Washington, DC 20410-8000, telephone (202) 708-0614. (This is not a 
toll-free number.) Persons with hearing or speech impairments may call 
HUD's toll-free Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: The Office of Affordable Housing 
Preservation (OAHP) is headed by a Deputy Assistant Secretary and an 
Associate Deputy Assistant Secretary. OAHP is headquartered in 
Washington, DC, and has two field offices: one located in Washington, 
DC, and the other in Chicago, IL. OAHP also has staff out-stationed in 
New York, NY.
    On October 1, 2004, the Assistant Secretary redelegated authority 
to the General Deputy Assistant Secretary; the OAHP Deputy Assistant 
Secretary, the OAHP Associate Deputy Assistant Secretary, OAHP 
Directors, OAHP Deputy Directors, the Bonds and Appeals Manager at HUD 
Headquarters, and the Rehabilitation Escrow Administration Division 
Manager out-stationed in New York, NY. That authority has not in any 
way been revoked or amended and it is reproduced in its entirety in 
today's notice. However, the Assistant Secretary is now redelegating 
authority to the OAHP Deputy Assistant Secretary and the OAHP Associate 
Deputy Assistant Secretary authority to perform two additional 
functions.
    First, the OAHP Deputy Assistant Secretary and the OAHP Associate 
Deputy Assistant Secretary are being redelegated authority to perform 
all of the functions of a source selection official. This authority 
only can be exercised in relation to procurements under the subject 
matter jurisdiction of OAHP and consistent with HUD procurement 
policies and procedures, the Federal Acquisition Regulations (FAR), and 
the HUD Acquisition Regulations (HUDAR).
    Second, the OAHP Deputy Assistant Secretary and the OAHP Associate 
Deputy Assistant Secretary are being authorized to approve, in 
connection with a project's sale or mortgage refinancing, the 
assumption, modification, and/or subordination of mortgage 
restructuring notes and contingent repayment notes previously created 
during a debt restructuring transaction. This authority is currently 
redelegated to officials within the Office of Housing's Office of 
Multifamily Housing programs (as part of the ``asset management'' 
function category). The authority will continue to be exercised in the 
Office of Multifamily Housing Programs. Authorizing the OAHP Deputy 
Assistant Secretary and the OAHP Associate Deputy Assistant Secretary 
to exercise this authority will ensure that a sale and/or refinancing 
transaction, that is of the most complex variety, is consummated in a 
manner that preserves the overall objectives stemming from the original 
restructuring transaction.
    Accordingly, two new functions, numbers (12) and (13), have been 
added to the authority redelegated under Section I.B below.
    The Assistant Secretary for Housing hereby redelegates authority as 
follows:

I. Authority Redelegated

    A. The Assistant Secretary redelegates to the General Deputy 
Assistant Secretary the following authority:
    All authority necessary to carry out the provisions of the Mark-to-
Market Program under MAHRA (42 U.S.C. 1437f note), except for the 
authority to issue and/or waive regulations; and except for the 
authority to sue and be sued.
    B. The Assistant Secretary redelegates to the OAHP Deputy Assistant 
Secretary and to the OAHP Associate Deputy Assistant Secretary the 
following authority:
    (1) To modify and sign any documents necessary to perform 
enumerated functions and to waive any directive issued by OAHP that is 
not mandated by a statute or regulation.
    (2) To administer all provisions of MAHRA, including but not 
limited to the following:
    (a) To make eligibility determinations under sections 512 and 516 
of MAHRA;
    (b) To enter into, modify, and or extend agreements with 
participating administrative entities under section 513 of MAHRA;
    (c) In connection with a restructuring transaction, to make rent 
and/or mortgage restructuring determinations under sections 514, 515, 
517, and 524 of MAHRA; and
    (d) To terminate, modify, or affirm any decision on appeal under 
MAHRA.
    (3) In connection with a restructuring transaction, to modify the 
principal balance, payments, interest rate, and amortization period and 
other terms of existing FHA-insured and HUD-held mortgages including 
any HUD or Secretary-held subordinate debt encumbering or otherwise 
related to a project; and to issue restructuring commitments and 
closing documents relating to such debt.
    (4) To issue HUD forms 92264 and 92264A upon approval of a 
restructuring plan.
    (5) In connection with a restructuring transaction, to approve 
transfers of physical assets.
    (6) In connection with a restructuring transaction, to approve 
environmental assessment and compliance findings for related laws 
report, HUD form 4128.1.
    (7) To issue a commitment to insure and endorse for insurance a 
mortgage note given to refinance a HUD-insured or HUD-held mortgage, 
pursuant to section 223(a)(7) of the National Housing Act (12 U.S.C. 
1715n).
    (8) For qualified nonprofit entities acquiring projects that are 
the subject of a restructuring transaction, to modify, assign, or 
forgive debt created in the restructuring.
    (9) To administer escrow accounts and modify the agreement 
established under the restructuring transaction, for the purpose of 
addressing immediate and near-term rehabilitation needs of a project.
    (10) To perform all source selection official duties, subject to 
laws, regulations, and HUD policies and procedures governing the 
procurement process.
    (11) To administer grant programs, other than selecting a grantee 
as only the Assistant Secretary is authorized to function as the Grant 
Official for the Office of Housing.
    (12) To perform all functions of a source selection official in 
relation to a procurement under the subject matter jurisdiction of 
OAHP.
    (13) To approve, in connection with a project's sale or mortgage 
refinancing, the assumption, modification, and/or subordination of 
mortgage restructuring notes and contingent repayment notes previously 
created during a debt restructuring transaction.
    C. The Assistant Secretary redelegates to each OAHP Director and 
OAHP Deputy Director, in the Field Offices and at Headquarters, the 
following authority:
    (1) To modify and sign any documents necessary to perform 
enumerated functions and to waive any directive issued by OAHP that is 
not mandated by a statute or regulation.
    (2) To administer the following provisions of MAHRA;
    (a) To make eligibility determinations under sections 512 and 516 
of MAHRA;
    (b) In connection with a restructuring transaction, to make rent 
and/or mortgage restructuring determinations under sections 514, 515, 
517, and 524; and
    (c) To reject or hear and decide any appeal made to the Production 
Office

[[Page 60165]]

under 24 CFR 401.645 or another permissible procedure.
    (3) In connection with a restructuring transaction, to modify the 
principal balance, payments, interest rate, and amortization period and 
other terms of existing FHA-insured and HUD-held mortgages, including 
any HUD or Secretary-held subordinate debt encumbering or otherwise 
related to a project; and to issue restructuring commitments and 
closing documents relating to such debt.
    (4) To issue HUD forms 92264 and 92264A upon approval of a 
restructuring plan.
    (5) In connection with a restructuring transaction, to approve 
transfers of physical assets.
    (6) In connection with a restructuring transaction, to approve 
environmental assessment and compliance findings for related laws 
report, HUD form 4128.1.
    (7) To issue a commitment to insure and endorse for insurance a 
mortgage note given to refinance a HUD-insured or HUD-held mortgage, 
pursuant to section 223(a)(7) of the National Housing Act (12 U.S.C. 
1715n).
    (8) For qualified nonprofit entities acquiring projects that are 
the subject of a restructuring transaction, to modify, assign, or 
forgive debt created in the restructuring.
    D. The Assistant Secretary redelegates to the Rehabilitation Escrow 
Administration Manager the following authority:
    (1) To modify and sign any documents necessary to perform 
enumerated functions related to the rehabilitation needs of a project 
that was the subject of a restructuring transaction, and to waive any 
directive issued by OAHP that is not mandated by a statute or 
regulation.
    (2) To administer escrow accounts and modify the agreement 
established under the restructuring transaction, for the purpose of 
addressing immediate and near-term rehabilitation needs of a project.
    E. The Assistant Secretary redelegates to the Bonds and Appeals 
Manager the following authority:
    (1) To modify and sign any documents necessary to perform 
enumerated functions related to appeals under MAHRA and/or the 
regulations promulgated under MAHRA.
    (2) To reject or hear and decide any appeal under MAHRA and/or the 
regulations promulgated under MAHRA, except for 24 CFR 401.645.

II. Authority Excepted

    The authority redelegated herein does not include the authority to 
issue or to waive HUD regulations. The authority redelegated herein 
also does not include the authority to sue or be sued.

III. Further Redelegation

    The authority redelegated herein may not be further redelegated.

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

    Dated: September 15, 2006.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. E6-16896 Filed 10-11-06; 8:45 am]
BILLING CODE 4210-67-P