[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47228-47229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19730]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5545-D-05]


Redelegation of Authority to Office of Native American Program 
(ONAP) Area Office Administrators and Office 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, provides authority to the Secretary to 
delegate functions, powers, and duties as the Secretary deems 
necessary. By separate notice published in today's Federal Register, 
the Assistant Secretary for Public and Indian Housing delegates 
authority, through the General Deputy Assistant Secretary, to Deputy 
Assistant Secretary for the Office of Native American Programs to 
perform program administration, oversight and enforcement 
responsibilities for certain of HUD's programs directed to Native 
Americans, and authorizes the Deputy Assistant Secretary for the Office 
of Native American Programs to redelegate such authority. In this 
redelegation of authority, the Deputy Assistant Secretary for the 
Office of Native American Programs (ONAP) redelegates authority for the 
administration, oversight and enforcement 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: The management action plan (MAP) for Public 
and Indian Housing (PIH) calls for the implementation of relevant 
redelegation to field offices to implement HUD's Strategic Goal 5 to 
transform the way HUD does business by delegating authority and 
accountability. All prior redelegations of authority between the Deputy 
Assistant Secretary for ONAP and ONAP officers, including the 
redelegations published on September 9, 2003 (68 FR 53195 through 
53198), are hereby revoked and superseded by this redelegation of 
authority.

Section A. Authority Redelegated to Area Office Administrators and 
Office Directors

    Authority is hereby redelegated from the Deputy Assistant Secretary 
for ONAP to ONAP Area Office Administrators, the Director of the Office 
of Grants Management, and the Director of the Office of Grants 
Evaluation for administration, oversight and enforcement of the 
following:
    1. 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;
    2. Programs authorized pursuant to the Native American Housing 
Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4101 
et seq.), as amended;
    3. 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);
    4. Indian Home Loan Guarantee Program authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a);
    5. Native Hawaiian Loan Guarantee Program authorized by section 
184A of the Housing and Community Development Act of 1992 (12 U.S.C. 
1715z-13b);
    6. 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. ONAP Area Office Administrators 
may issue letters of warning advising grantees of performance problems 
and describing corrective actions. The Office of Community Planning and 
Development retains enforcement authority beyond the letter of warning 
stage;
    7. Authority to execute all necessary agreements relating to the 
programs listed in this section, including but not limited to grant 
agreements;
    8. Authority of an ONAP Area Office Administrator to accept and 
approve a paper application under the Indian Community Development 
Block Grant (ICDBG) notice of funding availability (NOFA) as published 
on grants.gov upon a showing of good cause. Separate

[[Page 47229]]

guidance on processing such waivers will be provided to the Area 
Offices;
    9. Authority to approve variances above the published Total 
Development Costs (TDC) for Affordable Housing under NAHASDA;
    10. Authority to approve model activities under NAHASDA that have 
previously been determined by HUD to be designed to carry out the 
purposes of NAHASDA;
    11. Authority to review performance reports submitted by a Tribe or 
a tribally designated entity and issue reports based on such review;
    12. Authority to enter into Voluntary Compliance Agreements with 
recipients 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 prior to the 
issuance of a Notice of Intent to Impose Remedies; and
    13. Authority to waive the applicability of the Indian Housing Plan 
requirements under section 101(b)(1) of NAHASDA in whole or in part for 
a period of not more than 90 days in accordance with the waiver 
authority provided in section 101(b)(2) of the Act, upon a 
determination that the recipient's failure to comply is due to exigent 
circumstances beyond its control.

Section B. Authority Redelegated to Director of Office of Loan 
Guarantee

    Authority is redelegated from the Deputy Assistant Secretary for 
ONAP to the Director of the Office of Loan Guarantee for 
administration, oversight and enforcement of the following:
    1. Indian Home Loan Guarantee Program authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a);
    2. 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
    3. Title VI of NAHASDA (25 U.S.C. 4191-4195).

Section C. Authority Excepted

    This 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. Authority excepted includes the authority to:
    1. Issue or waive regulations. ONAP Area Office Administrators may 
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. Impose remedies for substantial noncompliance with the 
requirements of the NAHASDA (25 U.S.C. 4101 et seq.) and/or its 
implementing regulations; and
    5. Declare a failure to comply with the regulations of the 
Community Development Block Grants for Indian Tribes and Alaska Native 
Villages.

Section D. Exceptions to Authority of Deputy Assistant Secretary for 
ONAP To Redelegate

    Some authority may not be redelegated from the Deputy Assistant 
Secretary for ONAP to an ONAP Area Office Administrator or other 
ranking program official. The power and authority to take the following 
actions is not redelegated to an ONAP Area Office Administrator or 
other ranking program official and remains with the Deputy Assistant 
Secretary for ONAP:
    1. Offer new legislative proposals to Congress;
    2. Allocate or reallocate funding among area offices;
    3. Approve grant extensions or grant requirements, unless 
specifically or otherwise noted; and
    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.

Section E. Authority To Further Redelegate

    In accordance with a written redelegation of authority, ONAP Area 
Office Administrators or other ranking program officials may further 
redelegate specific authority. Other redelegated authority does not 
supersede the authority of a Deputy Assistant Secretary as designee of 
the Assistant Secretary for PIH.

Section F. Authority Superseded

    All prior redelegations of authority between the Deputy Assistant 
Secretary for ONAP and ONAP officers are hereby revoked and superseded 
by this redelegation of authority, including the redelegations 
published on September 9, 2003 (68 FR 53195 through 53198).

Section G. Actions Ratified

    Actions, including limited denials of participation (LDP), but not 
including actions that violate NAHASDA or federal regulations, 
previously taken by ONAP Area Office Administrators or other ranking 
program officials through the effective date of this redelegation with 
respect to programs and matters listed in this redelegation of 
authority, are hereby ratified.

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 Secretary for Native American Programs, Area Office 
Administrators and Officer 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.
Rodger J. Boyd,
Deputy Assistant Secretary, Office of Native American Programs.
[FR Doc. 2011-19730 Filed 8-3-11; 8:45 am]
BILLING CODE 4210-67-P