[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47231-47234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19728]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5545-D-03]


Redelegation of Authority to the Deputy Assistant Secretaries for 
Public and Indian Housing

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

ACTION: Notice of redelegation of authority.

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SUMMARY: Section 7(d) of the Department of Housing and Urban 
Development Act, as amended, authorizes the Secretary to delegate 
functions, powers, and duties as the Secretary deems necessary. By 
separate notice published in today's Federal Register, the Secretary 
delegates to the Assistant Secretary for Public and Indian Housing and 
the General Deputy Assistant Secretary for Public and Indian Housing 
authority for the administration of certain Public and Indian Housing 
(PIH) programs, and authorizes the Assistant Secretary to further 
redelegate such authority. In this consolidated redelegation of 
authority the Assistant Secretary for PIH redelegates to the PIH Deputy 
Assistant Secretaries authority for the administration of certain PIH 
programs.

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: By separate notice published in today's 
Federal Register, the Secretary delegates to the Assistant Secretary 
for Public and Indian Housing and the General Deputy Assistant 
Secretary for Public and Indian Housing authority for the 
administration of certain PIH programs, and authorizes the Assistant 
Secretary to further redelegate such authority. In this consolidated 
redelegation of authority, the Assistant Secretary for PIH redelegates, 
through the General Deputy Assistant Secretary for PIH, to the Deputy 
Assistant Secretaries authority for the administration of certain PIH 
programs. All previous delegations of authority from the

[[Page 47232]]

Assistant Secretary for PIH to PIH's Deputy Assistant Secretaries are 
hereby revoked and superseded by this consolidated redelegation of 
authority, including the redelegation of authority from the PIH General 
Deputy Assistant Secretary to PIH's Deputy Assistant Secretaries 
published on January 13, 2009 (74 FR 1704). This consolidated 
redelegation of authority implements, in part, the Department's 
Strategic Plan to transform the way HUD does business.

Section A. Authority Redelegated

    The Assistant Secretary for PIH hereby redelegates, through the 
General Deputy Assistant Secretary for PIH, to Deputy Assistant 
Secretaries for PIH the following authorities:
    1. Programs under the jurisdiction of the Secretary carried out 
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 pursuant to 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, as further described in Section 
H.

Section B. Authority Excepted

    The redelegation of authority to a Deputy Assistant Secretary does 
not include any authority under law specifically requiring the action 
of the Secretary of HUD, Assistant Secretary of PIH, or the General 
Deputy Assistant Secretary for PIH. Authority excepted includes 
authority to:
    1. Issue or waive regulations, including waivers pursuant to 24 CFR 
982.161(c), which permits 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; and
    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 the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4101 et seq.) and/or 
it's implementing regulations;
    6. Declare a failure to comply with the regulations of the 
Community Development Block Grants for Indian Tribes and Alaska Native 
Villages;
    7. Execute Moving to Work agreements or amendments thereto; and
    8. Issue limited denials of participation (LDP).

Section C. Authority To Further Redelegate

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

Section D. Exceptions to Authority To Further Redelegate

    Authority redelegated from a Deputy Assistant Secretary to PIH 
Directors or other ranking PIH program officials is limited. Excepted 
power and authority, meaning authority that may not be further 
redelegated by a Deputy Assistant Secretary, includes authority to:
    1. Offer new legislative proposals to Congress;
    2. Allocate or reallocate funding among field offices;
    3. Approve remedies for noncompliance requiring notice and 
opportunity for administrative hearing;
    4. Issue a Notice of Intent to Impose Remedies under the Indian 
Housing Block Grant Program, Native Hawaiian Housing Block Grant 
Program, or Community Development Block Grant Program for Indian Tribes 
and Alaska Native Villages;
    5. Waive provisions or instructions of PIH directives relating to 
the obligation or payment of operating subsidies;
    6. Solicit competitive proposals for the management of all or part 
of public housing administered by a PHA;
    7. Approve special rent adjustments;
    8. Conduct tax credit and/or subsidy layering reviews, unless 
specifically or otherwise noted;
    9. Approve PHA requests for exception payment standards that exceed 
120 percent of the fair market rent (FMR); and
    10. Approve grant extensions, unless specifically or otherwise 
noted.

Section E. Redelegation of Authority Concerning the Office of Public 
Housing and Vouchers

    The Assistant Secretary for PIH hereby redelegates, through the 
General Deputy Assistant Secretary for PIH, to the Deputy Assistant 
Secretary for the Office of Public Housing and Vouchers (OPHV) 
administrative, oversight and enforcement responsibilities and the 
authority to:
    1. Administer the rental voucher assistance programs under section 
8 of the 1937 Act (42 U.S.C. 1437f), including the section 8 Family 
Self-Sufficiency (FSS) program and section 8 Management Assessment 
Program (SEMAP);
    2. Establish targeting and eligibility for participation in the 
Housing Choice Voucher (HCV) programs pursuant to section 8(o)(3) of 
the 1937 Act;
    3. Determine payment standards for subsidy amounts by program 
participants pursuant to sections 8(o)(1)(B), (D), and (E) 1937 Act;
    4. Develop program requirements for tenant rent and maximum rent 
burdens pursuant to sections 8(o)(2)(A) and 8(o)(2)(B)) and section 
8(o)(3) 1937 Act, respectively;
    5. Set guidance regarding violent criminal activity on or near 
premises and implement the statutory grounds for termination of tenancy 
pursuant to section 8(o)(7)(D) 1937 Act;
    6. Administer tenant-based and project-based voucher assistance 
under section 8(o) 1937 Act;
    7. Administer homeownership voucher assistance under section 8(y) 
1937 Act as amended by the American Homeownership and Economic 
Opportunity Act of 2000 (Pub. L. 106-569) (42 U.S.C. 1437f(y); and
    8. Administer enhanced voucher assistance under section 8(t) 1937 
Act.

Section F. Redelegation of Authority Concerning the Office of Public 
Housing Investments

    The Assistant Secretary for PIH hereby redelegates authority, 
through the General Deputy Assistant Secretary for PIH, to the Deputy 
Assistant Secretary for the Office of Public Housing Investments (OPHI) 
to perform administrative, oversight and

[[Page 47233]]

enforcement responsibilities and authority for:
    1. Public Housing Capital Fund pursuant to section 9 of the 1937 
Act, including but not limited to, approvals of proposals submitted 
under the Capital Fund Financing Program (CFFP) or the Operating Fund 
Financing Program (OFFP) under section 9(e) of the 1937 Act, with OFFP 
approvals subject to coordination and consultation with PIH's Real 
Estate Assessment Center;
    2. Required conversions pursuant to section 33, voluntary 
conversions pursuant to section 22, and mandatory conversions pursuant 
to section 202 of the 1937 Act (section 202 is repealed but continues 
to apply to identified and non-appealed public housing developments 
subject to mandatory conversion until all requirements are satisfied);
    3. Resident Opportunities and Self-Sufficiency (ROSS) program 
pursuant to the Quality Housing and Work Responsibility Act of 1998 
(QHWRA), including grant extensions for the expenditure of these funds;
    4. Public Housing Neighborhood Networks (NN) program pursuant to 
section 9 of the 1937 Act;
    5. HOPE VI Program pursuant to section 24 of the 1937 Act and 
Appropriation Acts, including grant extensions and issuance of defaults 
of HOPE VI grant agreements;
    6. Choice Neighborhoods program pursuant to the FY 2010 
Consolidated Appropriations Act, Division A, Title II (Pub. L. 111-117, 
approved December 16, 2009) and any future appropriations or authority 
enacted for the Choice Neighborhood Program in consultation and 
coordination with the Office of Housing's Multifamily Housing Programs;
    7. Public Housing mortgages and security interests pursuant to 
section 30 of the 1937 Act, and approvals of proposals submitted 
thereto;
    8. Mixed finance transactions, including approvals of proposals 
submitted thereto, pursuant to section 35 of the 1937 Act;
    9. Moving to Work (MTW) demonstration program pursuant to section 
204 of the Omnibus Consolidated Rescissions and Appropriations Act of 
1996 including approvals of MTW annual plans and issuance of defaults 
of MTW agreements;
    10. Demolition or disposition applications pursuant to section 18 
of the 1937 Act and the implementing regulations at 24 CFR part 970;
    11. Agreements for the taking of public housing property in eminent 
domain proceedings;
    12. Homeownership programs pursuant to section 32 of the 1937 Act 
and including amendments under previously approved 5(h) and Turnkey III 
homeownership plans; and
    13. Execute amendments to ACCs regarding provisions for under the 
Capital Fund Program and/or coordinate such executions with field 
offices.

Section G. Redelegation of Authority Concerning the Office of Field 
Operations

    The Assistant Secretary for PIH hereby redelegates authority, 
through the General Deputy Assistant Secretary for PIH, to the Deputy 
Assistant Secretary for the Office of Field Operations (OFO) to perform 
administrative, oversight and enforcement responsibilities of 
receiverships, regional, hub and field operations for redelegated 
authority under section A and the following specific authority for 
further redelegation:
    1. ACC amendments for annual grants under the Capital Fund Program, 
but excluding the waiver of ACC provisions;
    2. Execution of ACC amendments or releases of Declarations of Trust 
(DOTs) for Capital Fund Financing or mixed finance transactions when 
requested pursuant to an approval letter by the Deputy Assistant 
Secretary for the Office of Public Housing Investments.
    3. Release of DOTs pursuant to a section 18 approval;
    4. Coordination with the respective program office to address 
specific programs including Family Self Sufficiency (FSS), Resident 
Opportunities and Supportive Services (ROSS), Family Unification, HOPE 
for Elderly Independence and Service Coordinators, HUD-Veterans 
Administration Supportive Housing, and Moving to Opportunity and Moving 
to Work;
    5. Concurrent approval authority for energy performance contracts 
(EPC) (EPCs may be approved in the Field Offices or in Headquarters);
    6. Actions associated with the renewal of designated housing plans;
    7. Execution of letters of support and correspondence with local 
congressional offices for programs, projects and ventures within the 
appropriate region;
    8. Approval of requests by PHAs to change their fiscal year end 
(FYE) subject to coordination with the Real Estate Assessment Center 
(REAC) for PHAs with public housing units and with the Financial 
Management Division of the Housing Choice Vouchers program for 
vouchers-only PHAs;
    9. Coordination of audit responses through PIH's Audit Liaison 
Officer on reports by the United States General Accounting Office and 
through PIH's Action Official (AO) for reports by HUD's Office of 
Inspector General; and
    10. Approval of grant extensions under the Public Housing Family 
Self-Sufficiency (PH-FSS) and Resident Opportunities Self Sufficiency 
(ROSS) programs. Such grant extensions may be made at the field level 
for any length of time deemed reasonable by the Public Housing Director 
or designee; denials of FSS and ROSS extensions remain with the Deputy 
Assistant Secretary of the Office of Public Housing Investments.

Section H. Redelegations of Authority Concerning the Office of Native 
American Programs

    The Assistant Secretary for PIH hereby redelegates authority, 
through the General Deputy Assistant Secretary for PIH, to the Deputy 
Assistant Secretary for the Office of Native American Programs to 
perform program administration, oversight and enforcement 
responsibilities associated with the following:
    1. Programs authorized pursuant to the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), 
as amended;
    2. 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);
    3. 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);
    4. The Native Hawaiian Loan Guarantee Fund authorized by section 
184A of the Housing and Community Development Act of 1992 (12 U.S.C. 
1715z-13b); and
    5. Grants awarded to Indian tribes and tribal entities by the 
Assistant Secretary for Community Planning and Development under the 
Rural Innovation Fund Program, and under the Rural Housing and Economic 
Development Program; and
    6. Coordination of audit responses through PIH's Audit Liaison 
Officer on reports by the U.S. General Accounting Office and through 
PIH's AO for reports by HUD's Office of Inspector General.

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Section I. Redelegation of Authority Concerning the Real Estate 
Assessment Center

    The Assistant Secretary for PIH hereby redelegates authority, 
through the General Deputy Assistant Secretary for PIH, to the Deputy 
Assistant Secretary for the Real Estate Assessment Center to perform 
program administration, oversight and enforcement responsibilities 
associated with the Public Housing Operating Fund, as the annual 
subsidy to PHAs for operations and management pursuant to section 9(e) 
of the 1937 Act (42 U.S.C. 1437g(e)) and regulations at 24 CFR part 
990.

Section J. Redelegation of Authority Concerning the Office of Policy, 
Program and Legislative Initiatives

    The Assistant Secretary for PIH hereby redelegates authority, 
through the General Deputy Assistant Secretary for PIH, to the Deputy 
Assistant Secretary for the Office of Policy, Program and Legislative 
Initiatives to perform administration and oversight responsibilities 
associated with policy analysis, research, actions by Congress, 
Executive Orders, rulemaking and directives management on behalf of the 
Assistant Secretary for PIH, including redelegated authority to execute 
certain clearance and administrative records on behalf of the Assistant 
Secretary for PIH.

Section K. Authority Superseded

    All previous redelegations of authority from the Assistant 
Secretary for PIH to the PIH Deputy Assistant Secretaries are hereby 
revoked and superseded by this consolidated redelegation of authority, 
including the PIH redelegation published on January 13, 2009 (74 FR 
1704) and the ``Delegation of Authority to the Deputy Assistant 
Secretary for the Office of Public Housing Investments'' published on 
December 6, 2006 (71 FR 70783).

Section L. Actions Ratified

    The Assistant Secretary for PIH hereby ratifies all actions 
previously taken by PIH Deputy Assistant Secretaries under any previous 
redelegation of authority through the effective date of this 
redelegation, with respect to programs and matters listed in this 
redelegation of authority. Any previous actions ratified, remain 
ratified.

Section M. Consultation and Coordination With the General Counsel

    The General Counsel shall consult and advise the Assistant 
Secretary for PIH, the General Deputy Assistant Secretary, and Deputy 
Assistant Secretaries 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. 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.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2011-19728 Filed 8-3-11; 8:45 am]
BILLING CODE 4210-67-P