[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Notices]
[Pages 76673-76674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29949]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5067-N-04]


Extension of HUD's Implementation Guidance for Section 901 of the 
Emergency Supplemental Appropriations To Address Hurricanes in the Gulf 
of Mexico, and Pandemic Influenza Act, 2006, as Revised by Section 
11003 of the Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 To Include Calendar Years 2008 and 2009 
Program Funds

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

ACTION: Notice.

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SUMMARY: This notice supplements three earlier notices published in the 
Federal Register that provided guidance to public housing agencies 
(PHAs) on implementing the authority provided to HUD by section 901 of 
the ``Emergency Supplemental Appropriations to Address Hurricanes in 
the Gulf of Mexico and Pandemic Influenza Act, 2006'' (Pub. L. 109-148, 
approved December 30, 2005). This authority allows PHAs in the most 
heavily impacted areas of Louisiana and Mississippi affected by 
Hurricanes Katrina and Rita to combine Housing Choice Voucher and 
public housing operating and capital funds to flexibly and efficiently 
facilitate disaster recovery in those areas. Such authority was 
provided for calendar years (CYs) 2006 and 2007. This notice advises of 
the extension of such authority through CYs 2008 and 2009 by section 
11003 of the Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Pub. L. 110-329, approved September 30, 
2008). Eligible PHAs with a continued need for assisting families who 
were receiving housing assistance under the Act immediately prior to 
Hurricane Katrina or Rita and were displaced from their housing by the 
hurricanes and are interested in using authority provided under the 
extended section 901 authority must submit a 2008 Notice of Intent and 
Fungibility Plan in accordance with the July 28, 2006, October 30, 
2006, and August 6, 2007 Federal Register notices. Further information 
on HUD processing of CYs 2008 and 2009 section 901 fungibility will be 
posted to the Office of Public and Indian Housing Web site at: http://www.hud.gov/offices/pih/.

DATES: Eligible PHAs must submit their CY 2008 Notices of Intent and 
Fungibility Plans no later than January 31, 2009.

FOR FURTHER INFORMATION CONTACT: For technical assistance and other 
questions concerning the Notice of Intent and section 901 Fungibility 
Plan, PHAs should contact their local HUD Public Housing Hub in New 
Orleans, Louisiana, or Jackson, Mississippi; or Bessy Kong, Deputy 
Assistant Secretary for Policy, Program, and Legislative Initiatives, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4116, Washington, DC 20410-5000, 
telephone 202-708-0614 or 202-708-0713, extension 2548 (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 (800) 877-8339.

SUPPLEMENTARY INFORMATION: On July 28, 2006, at 71 FR 42996, HUD 
published a notice (FR-5067-N-01) entitled, ``Implementation Guidance 
for section 901 of the Emergency

[[Page 76674]]

Supplemental Appropriations to Address Hurricanes in the Gulf of 
Mexico, and Pandemic Influenza Act, 2006.'' Section 901 of the 
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf 
of Mexico, and Pandemic Influenza Act, 2006 (Pub. L. 109-148, approved 
December 30, 2005) authorizes HUD to allow PHAs to combine assistance 
provided under sections 9(d) and 9(e) of the United States Housing Act 
of 1937 (Act) and assistance provided under section 8(o) of the Act, 
for the purpose of facilitating the prompt, flexible and efficient use 
of funds provided under these sections of the Act to assist families 
who were receiving housing assistance under the Act immediately prior 
to Hurricane Katrina or Rita and were displaced from their housing by 
the hurricanes. Section V.A. of the July 28, 2006, notice, entitled, 
``General Procedures for Combining Public Housing and Voucher Funds 
under section 901,'' provided instructions for PHAs interested in 
implementing the flexibility in funding authorized in section 901.
    On October 30, 2006, at 71 FR 63340, HUD published a notice (FR-
5067-N-02) that extended the period for PHAs located within the most 
heavily impacted areas of Louisiana and Mississippi that are subject to 
a declaration by the President of a major disaster under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act in connection 
with Hurricanes Katrina or Rita to submit Notices of Intent and 
Fungibility Plans in accordance with the July 28, 2006, notice. In 
addition to extending the PHA submission deadline, the October 30, 
2006, notice removed the restriction that the combined funding may not 
be spent for uses under the Housing Choice Voucher program.
    On August 6, 2007, at 72 FR 45657, HUD published a notice (FR-5067-
N-03) that extended section 901 fungibility through CY 2007 pursuant to 
section 4803 of the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery, and Iraq Accountability Appropriations Act (Pub. L. 110-28, 
approved May 25, 2007).
    Today's Federal Register notice revises the earlier notices to 
incorporate the extension of section 901 fungibility from calendar year 
CY 2007 to calendar years 2006, 2007, 2008, and 2009, as authorized by 
section 11003 of the Consolidated Security, Disaster Assistance, and 
Continuing Appropriations Act, 2009 (Pub. L. 110-329, approved 
September 30, 2008).
    As noted earlier in today's notice, eligible PHAs interested in 
combining CY 2008 funds must submit a 2008 Notice of Intent and 
Fungibility Plan in accordance with the July 28, 2006, notice, and 
subsequent Federal Register notices. Further information on HUD 
processing of CY 2008 and CY 2009 Section 901 flexibility may be found 
on the Office of Public and Indian Housing Web site at http://www.hud.gov/offices/pih.
    Notices and Plans should be submitted to the following addresses 
and contacts, as listed in the July 28, 2006, notice: PHAs should 
submit one copy to the Public Housing Director of the HUD office in New 
Orleans, Louisiana or Jackson, Mississippi, as applicable, and the 
original to HUD Headquarters, Office of Public and Indian Housing, 
Office of Policy, Program, and Legislative Initiatives, 451 7th Street, 
SW., Room 4116, Washington, DC 20410-5000, Attention: Bessy Kong/Sherry 
McCown.

    Dated: December 9, 2008.
Paula O. Blunt,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. E8-29949 Filed 12-16-08; 8:45 am]
BILLING CODE 4210-67-P