[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47229-47231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19729]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5545-D-04]


Redelegation of Authority to Regional Public Housing Directors

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 Redelegation of Authority for Public 
and Indian Housing (PIH), the Assistant Secretary for PIH redelegates 
authority through the PIH General Deputy

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Assistant Secretary to the Regional Public Housing Directors for the 
administration of certain PIH programs. This notice also supersedes all 
prior redelegations of authority to the Regional Public Housing 
Directors.

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 PIH and the General Deputy Assistant Secretary for PIH 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 authority through the General Deputy Assistant Secretary 
for PIH, to the Regional Public Housing Directors for the 
administration of certain PIH programs. All previous redelegations of 
authority to the Regional Public Housing Directors, including the 
``Redelegation of Authority Regarding Local Public Housing Program 
Center Coordinators'' (70 FR 1454, published January 7, 2005 with an 
effective date of December 23, 2004), are hereby revoked and superseded 
by this redelegation of authority. This consolidated redelegation of 
authority implements, in part, the Department's Strategic Plan to 
transform the way HUD does business.

Section A. Authority Redelegated

    Authority is hereby redelegated by the Assistant Secretary, through 
the Deputy Assistant Secretary for PIH, to Regional Public Housing 
Directors for administration of the following:
    1. Programs under the jurisdiction of the Secretary of HUD that are 
carried out pursuant to the authority transferred from the Public 
Housing Administration under section 5(a) of the HUD Act (42 U.S.C 
3534) as amended;
    2. Programs 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. Except as noted in section C, all powers and authorities of the 
Deputy Assistant Secretary of the Office of Field Operations necessary 
to carry out Public and Indian Housing Programs and matters.

Section B. Program Specific Functions

    In addition to the general redelegations listed in section A, 
specific authority is hereby redelegated to Regional Public Housing 
Directors for administration of the following:
    1. Annual Contributions Contract (ACCs) 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) dates subject to coordination with the Real Estate Assessment 
Center 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 U.S. 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 C. Excepted Authority That Remains With the Secretary or 
Assistant Secretary

    The redelegation of authority does not include any power or 
authority under law that specifically requires the action of either the 
Secretary of HUD, the Assistant Secretary of PIH, or the General Deputy 
Assistant Secretary for PIH. Such excepted authority includes, but is 
not limited to 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. Regional Public Housing Directors and Public 
Housing Field Office Directors are to not 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 ACC including a determination of 
substantial breach or default; taking possession or title of property 
from a PHA; and declaring breach or default in response to any 
violation of statute or regulations.

Section D. Excepted Authority That Remains With Deputy Assistant 
Secretaries

    The redelegation of authority does not include any power or 
authority under law that specifically requires the action of a PIH 
Deputy Assistant Secretary. This excepted authority includes, but is 
not limited to authority to:
    1. Offer new legislative proposals to Congress;
    2. Allocate or reallocate funding amongst field offices;
    3. Approve remedies for noncompliance requiring notice and 
opportunity for administrative hearing;
    4. Waive provisions or instructions of PIH directives relating to 
the obligation or payment of operating subsidies;

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    5. Solicit competitive proposals for the management of all or part 
of public housing administered by a PHA;
    6. Approve special rent adjustments;
    7. Conduct tax credit and/or subsidy layering reviews;
    8. Approve PHA requests for exception payment standards that exceed 
120 percent of the fair market rent (FMR); and
    9. Approve grant extensions, unless specifically or otherwise 
noted. Approval of grant extensions under FSS and ROSS may be extended 
by Public Housing Directors. Extensions may be made by Regional Public 
Housing Directors for any length of time deemed reasonable; denials of 
FSS and ROSS extensions remain with the Deputy Assistant Secretary of 
the Office of Public Housing Investments.

Section E. Authority To Further Redelegate

    The authority not excepted herein may be further redelegated, as 
appropriate, by Regional Public Housing Directors to Public Housing Hub 
Directors, Program Center Coordinators and other ranking program 
officials on site or out-stationed in accordance with a written 
redelegation of authority. Such subsequent redelegations may follow the 
format presented herein or may be a memorandum stating that specific 
authority is hereby designated. Time limits for such any further 
redelegated authority may be added.

Section F. Actions Ratified

    The Deputy Assistant Secretaries hereby ratify all actions, 
including limited denials of participation, but not including actions 
that violate the 1937 Act, federal regulations or ACC provisions, 
previously taken by Regional Public Housing Directors, PIH Hub 
Directors, Deputy Directors, Program Center Coordinators, Division 
Directors of Public Housing in HUD Field Offices, under prior 
redelegations, including those noted below, through the effective date 
of this redelegation:
    1. Federal Register Docket Number 4837-D-32 ``Notice of Revocation 
and Redelegation of Authority for Indian and Alaska Native Programs'', 
(68 FR 53197, published September 9, 2003 with an effective date of 
July 18, 2003) revoked prior redelegations to the Deputy Director for 
Headquarter Operations and the Deputy for Field Operations;
    2. Federal Register Docket Number 4837-D-56 ``Redelegation of 
Authority Regarding Local Public Housing Program Center Coordinators'', 
(70 FR 1454, published January 7, 2005 with an effective date of 
December 23, 2004) redelegated approval authority from the Assistant 
Secretary for PIH for renewals of designated housing plans pursuant to 
section 7 of the United States Housing Act of 1937. Approval of new 
designated housing plans was not redelegated.
    3. Federal Register Docket Number 5076-D-13 ``Delegation of 
Authority to the Deputy Assistant Secretary for the Office of Public 
Housing Investments'', (71 Federal Register 70783, published December 
6, 2006 with an effective date of November 28, 2006) redelegated 
authority from the Assistant Secretary to Public Housing Field Office 
Directors to execute amendments to the ACC associated with proposals 
submitted by PHAs pursuant to section 30, which have been approved by 
either the Assistant Secretary, General Deputy Assistant Secretary, or 
the Deputy Assistant Secretary of OPHI.

Section G. Authority Superseded

    All previous redelegations of authority to the Regional Public 
Housing Directors are hereby revoked and superseded, including the 
``Redelegation of Authority Regarding Local Public Housing Program 
Center Coordinators'', published on January 7, 2005 (70 FR 1454).

Section H. Consultation and Coordination With the General Counsel

    The General Counsel shall consult and advise the Assistant 
Secretary for PIH, the General Deputy Assistant Secretary, Deputy 
Assistant Secretaries, Regional Public Housing Directors and all others 
covered by this redelegation, 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. 2011-19729 Filed 8-3-11; 8:45 am]
BILLING CODE 4210-67-P