[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47224-47225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19723]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5545-D-01]


Delegation of Authority for the Office of Public and Indian 
Housing

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of delegation of authority.

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SUMMARY: Section 7(d) of the Department of Housing and Urban 
Development (HUD) Act, as amended, authorizes the Secretary to delegate 
functions, powers, and duties as the Secretary deems necessary. In this 
delegation of authority, the Secretary delegates authority to the 
Assistant Secretary and the General Deputy Assistant Secretary for the 
Office of Public and Indian Housing (PIH) and authorizes the Assistant 
Secretary and the General Deputy Assistant Secretary to redelegate 
authority for the administration of certain PIH programs. This 
delegation revokes and supersedes all prior delegations of authority, 
including the delegation published on August 4, 2004 (69 FR 47171).

DATES: Effective Date: July 15, 2011.

FOR FURTHER INFORMATION CONTACT: Linda Bronsdon, AICP, Program Analyst, 
Office of Policy, Program and Legislative Initiatives, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 490 
L'Enfant Plaza, Suite 2206, Washington, DC 20024; e-mail address 
[email protected], telephone number 202-402-3494. (This is not a 
toll-free number.) This number may be accessed through TTY by calling 
the toll-free Federal Relay Service at telephone number 1-800-877-8339.

SUPPLEMENTARY INFORMATION: Previous delegations of authority from the 
Secretary of HUD to the Assistant Secretary and General Deputy 
Assistant Secretary for PIH, including the delegation published on 
August 4, 2004 (69 FR 47171), are hereby revoked and superseded by this 
delegation of authority.

Section A. Authority Delegated

    The Secretary hereby delegates to the Assistant Secretary and 
General Deputy Assistant Secretary for PIH the authority and 
responsibility to administer the following programs:
    1. Programs under the jurisdiction of the Secretary pursuant to the 
authority transferred from the Public Housing Administration under 
section 5(a) of the Department of Housing and Urban Development Act (42 
U.S.C. 3534) as amended;
    2. Each program of the Department authorized by the United States 
Housing Act of 1937 (1937 Act) (42 U.S.C. 1437 et seq.) as amended, 
including, but not limited to, the Public Housing Program, Section 8 
Programs (except the following Section 8 project-based programs: New 
Construction, Substantial Rehabilitation, Loan Management Set-Aside, 
and Property Disposition) and predecessor programs that are no longer 
funded but have ongoing commitments;
    3. PIH programs for which assistance is provided for or on behalf 
of public housing agencies (PHAs), public housing residents, or other 
low-income households; and
    4. PIH programs for which assistance is provided for or on behalf 
of Native Americans, Indian Tribes, Alaska Native Villages, Native 
Hawaiians, tribal entities, tribally designated housing entities, or 
tribal housing resident organizations. This includes, but is not 
limited to, programs authorized pursuant to the Native American Housing 
Assistance and Self-Determination Act of 1966 (NAHASDA) (25 U.S.C. 4101 
et seq.), as amended; the Community Development Block Grant Program for 
Indian Tribes and Alaska Native Villages authorized by section 106 of 
the Housing and Community Development Act of 1974 (42 U.S.C. 5306); the 
Indian Home Loan Guarantee Program authorized by section 184 of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a); 
the Native Hawaiian Loan Guarantee Program authorized by section 184A 
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b); and Rural Innovation Fund grants and Rural Housing and Economic 
Development grants awarded to Indian Tribes and tribal entities by the 
Assistant Secretary for Community Planning and Development, as may be 
authorized by HUD appropriations acts.

Section B. Authority Excepted

    Authority delegated under section A does not include the power to 
sue or be sued.

Section C. Authority To Redelegate

    In accordance with a written redelegation of authority, the 
Assistant Secretary and the General Deputy Assistant Secretary for PIH 
may further redelegate specific authority. Redelegated authority to PIH 
Deputy Assistant Secretaries or other ranking PIH program officials 
does not supersede the authority of the Assistant Secretary as designee 
of the Secretary.

Section D. Exceptions to Authority To Redelegate

    The authority to redelegate does not include any power or authority 
under law that specifically requires the action of the Secretary of 
HUD, the Assistant Secretary of PIH, or the General Deputy Assistant 
Secretary of PIH. Authority excepted includes authority to:
    1. Issue or waive regulations, including waivers pursuant to 24 CFR 
982.161(c) that permit HUD field offices to act on waivers of conflict 
of interests. Public Housing Field Office Directors are not to exercise 
this authority.
    2. Issue notices to clarify regulations;
    3. Issue notices of funding availability (NOFAs), handbooks, 
notices, and other HUD policy directives;
    4. Waive any provision of an annual contributions contract (ACC), 
including a determination of substantial breach or default in response 
to any violation of statute or regulations;
    5. Impose remedies for substantial noncompliance with the 
requirements of NAHASDA (25 U.S.C. 4101 et seq.) and/or its 
implementing regulations; and
    6. Declare a failure to comply with the regulations governing 
Community Development Block Grants for Indian Tribes and Alaska Native 
Villages.

[[Page 47225]]

Section E. Authority Superseded

    The previous delegations of authority from the Secretary of HUD to 
the Assistant Secretary for PIH are hereby revoked and superseded by 
this delegation of authority, including the previous delegation of 
authority for PIH published on August 4, 2004 (69 FR 47171).

Section F. Authority To Represent HUD

    This consolidated delegation of authority is conclusive evidence of 
the authority of the Assistant Secretary for PIH, the General Deputy 
Assistant Secretary, or those with redelegated authority, to represent 
the Secretary and to execute, in the name of the Secretary, any 
instrument or document relinquishing or transferring any right, title, 
or interest of the Department in real or personal property. The 
Secretary may revoke the authority authorized herein, in whole or in 
part, at any time.

Section G. Consultation and Coordination With the General Counsel

    The General Counsel shall consult and advise the Assistant 
Secretary for PIH and the General Deputy Assistant Secretary, as 
required and when requested, and shall enter into such protocols as 
administratively agreed to by the General Counsel and the Assistant 
Secretary for PIH or the General Deputy Assistant Secretary for PIH. 
This consolidated delegation of authority is to be exercised 
consistently with the delegation from the Secretary to the General 
Counsel.

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

    Dated: July 15, 2011.
Shaun Donovan,
Secretary.
[FR Doc. 2011-19723 Filed 8-3-11; 8:45 am]
BILLING CODE 4210-67-P