[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Pages 64362-64364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26909]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5556-D-01]


Consolidated Delegation of Authority for the Office of Community 
Planning and Development

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of delegation of authority.

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SUMMARY: This notice updates, clarifies, and consolidates delegations 
of authority from the Secretary to the Assistant Secretary for 
Community Planning and Development, the General Deputy Assistant 
Secretary for Community Planning and Development, and the Deputy 
Assistant Secretary for Grant Programs.

DATES: Effective Date: October 4, 2011.

FOR FURTHER INFORMATION CONTACT: David H. Enzel, Director, Office of 
Technical Assistance and Management, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 7228, Washington, DC 20410-7000; 
telephone number 202-402-5557. (This is not a toll-free number.) For 
those needing assistance, this number may be accessed through TTY by 
calling the toll-free Federal Relay Service number at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: Today's Federal Register notice updates, 
clarifies, and consolidates into one notice the authority delegated by 
the Secretary to the Assistant Secretary for Community Planning and 
Development, the General Deputy Assistant Secretary for Community 
Planning and Development, and the Deputy Assistant Secretary for Grant 
Programs. Clarification of program authorities under existing CPD 
delegations includes the Neighborhood Stabilization Programs, Community 
Development Block Grant (CDBG) disaster recovery grants, and homeless 
assistance programs under the McKinney-Vento Homeless Assistance Act. 
This notice supersedes all previous delegations to the Assistant 
Secretary for Community Planning and Development and the General Deputy 
Assistant Secretary for Community Planning and Development, including 
the delegation published on September 16, 2003 (68 FR 5423). Published 
elsewhere in today's Federal Register are notices of redelegation of 
authority from the Assistant Secretary for Community Planning and 
Development to subordinate employees within the Office of Community 
Planning and Development.

Section A. Authority Delegated

    Except as provided in Section B, the Secretary of HUD delegates to 
the Assistant Secretary for Community Planning and Development, the 
General Deputy Assistant Secretary for Community Planning and 
Development, and the Deputy Assistant Secretary for Grant Programs the 
authority of the Secretary with respect to the programs and matters 
listed below in this Section A. Only the Assistant Secretary is 
delegated the authority to issue or waive regulations covered by 
section 7(q) of the Department of Housing and Urban Development Act (42 
U.S.C. 3535(q)).

    1. The AIDS Housing Opportunity Act, Title VIII, Subtitle D of 
the Cranston-Gonzalez National Affordable Housing Act, Public Law 
101-625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 
12901-12912); 24 CFR part 574;
    2. The Base Closure, Base Closure Community Redevelopment and 
Homeless Assistance Act of 1994, Public Law 103-421, 108 Stat. 4346 
(codified as amended at 10 U.S.C. 2687 note); 24 CFR part 586;
    3. Capacity Building for Community Development and Affordable 
Housing Grants, Section 4 of the HUD Demonstration Act of 1993, 
Public Law 103-120, 107 Stat. 1148 (codified as amended at 42 U.S.C. 
9816 note);
    4. Comprehensive Housing Affordability Strategies (CHAS), Title 
I of the Cranston-Gonzalez National Affordable Housing Act, Public 
Law 101-625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 
12701 et seq.); 24 CFR part 91;
    5. Economic Development Initiative grants, as provided for in 
annual HUD appropriations acts (e.g., the Consolidated 
Appropriations Resolution, Fiscal Year 2003, Public Law 108-7, 117 
Stat. 11 (2003));
    6. Urban Empowerment Zones (EZ), as authorized under title 26, 
subtitle A, chapter 1, subchapter U of the Internal Revenue Code 
(codified as amended at 26 U.S.C. 1391 et seq.); 24 CFR parts 597 
and 598;
    7. The HOME Investment Partnerships Act, Title II of the 
Cranston-Gonzalez National Affordable Housing Act, Public Law 101-
625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12721 
et seq.); 24 CFR part 92;
    8. The Loan Guarantee Recovery Fund under Section 4 of the 
Church Arson Prevention Act of 1996, Public Law 104-155, 110 Stat. 
1392 (codified at 18 U.S.C. 241 note); 24 CFR part 573;
    9. Neighborhood Initiatives grants specifically designated in 
annual HUD appropriations acts (e.g., the Consolidated 
Appropriations Act 2010, Public Law 111-117, 123 Stat. 3034 (2009));
    10. The Homelessness Prevention and Rapid Re-Housing Program 
(HPRP), as authorized under the Homelessness Prevention Fund heading 
of Division A, Title XII of the American Recovery and Reinvestment 
Act of 2009, Public Law 111-5, 123 Stat. 115;
    11. The Housing Trust Fund (HTF), Section 1338 of the Federal 
Housing Enterprises Financial Safety and Soundness Act of 1992, 
added by Section 1131 of Public Law 110-289, 122 Stat. 2654 
(codified at 12 U.S.C. 4568);
    12. Rural Innovation Fund grants as provided for in annual HUD 
appropriations act(s) (e.g., the Consolidated Appropriations Act 
2010, Public Law 111-117, 123 Stat. 3084 (2009));
    13. The Tax Credit Assistance Program (TCAP), as authorized 
under the HOME Investments Partnerships Program heading of Division 
A, Title XII of the American Recovery and Reinvestment Act of 2009, 
Public Law 111-5, 123 Stat. 155, 220-21;
    14. The Self-Help Housing Opportunity Program (SHOP) under 
section 11 of the Housing Opportunity Program Extension Act of 1996, 
Public Law 104-120, 110 Stat. 834 (codified at 42 U.S.C. 12805 
note);
    15. Technical Assistance and Capacity Building awards authorized 
under any program or matter delegated under Section A (e.g., section 
107 of the Housing and Community Development Act of 1987, Public Law 
100-242, 101 Stat. 1815 (1988)) and as provided for in annual and 
supplemental HUD appropriations acts (e.g., the Consolidated 
Appropriations Act 2010, Public Law 111-117, 123 Stat. 3093 (2009));
    16. Title I of the Housing and Community Development Act of 
1974, Public Law 93-383, 88 Stat. 633 (codified as amended at 42 
U.S.C. 5301 et seq.); 24 CFR part 570, including the following:
    a. The Community Development Block Grant (CDBG) program;
    b. The Section 108 loan guarantee program;
    c. Economic development grants pursuant to Section 108(q);
    d. Neighborhood Stabilization programs under the Housing and 
Economic Recovery Act of 2008, Public Law 110-289, 122 Stat. 2850; 
Title XII of Division A of the American Recovery and Reinvestment 
Act of 2009, Public Law 111-5, 123 Stat. 115; and Section 1497 of 
the Wall Street Reform and Consumer Protection Act of 2010, Public 
Law 111-203, 124 Stat. 1376 (codified as amended at 42 U.S.C. 5301 
note);
    e. CDBG Disaster Recovery Grants as provided for in annual and 
supplemental HUD appropriations acts; and
    f. Appalachian Regional Commission grants pursuant to section 
214 of the Appalachian Regional Development Act of 1965, Public Law 
89-4, 79 Stat. 5 (codified as amended at 40 U.S.C. 14507) and 
consistent with the CDBG program authorized under Title I of the 
Housing and Community Development Act of 1974, Public Law 93-383, 88 
Stat. 633 (codified as amended at 42 U.S.C. 5301 et seq.).
    17. Title IV of the McKinney-Vento Homeless Assistance Act, 
Public Law 100-

[[Page 64363]]

77, 101 Stat. 482 (1987) (codified as amended at 42 U.S.C. 11301 et 
seq.), renamed by an Act of October 30, 2000, Public Law 106-400, 
114 Stat. 1675 (2000), including the following:
    a. The Emergency Shelter Grants/Emergency Solutions Grants 
program, 24 CFR part 576;
    b. The Supportive Housing Program, 24 CFR part 583;
    c. The Shelter Plus Care Program, 24 CFR part 582;
    d. The Moderate Rehabilitation for Single Room Occupancy 
program, 24 CFR part 882, Subpart H;
    e. The Continuum of Care program; and
    f. The Rural Housing Stability Assistance program.
    18. Title V of the McKinney-Vento Homeless Assistance Act, 
Public Law 100-77, 101 Stat. 482 (1987) (codified as amended 42 
U.S.C. 11411 et seq.), renamed by an Act of October 30, 2000, Public 
Law 106-400, 114 Stat. 1675 (2000), 24 CFR part 581.
    19. The Veterans Homelessness Prevention Demonstration program, 
as provided for in annual HUD appropriations act(s) (e.g., Omnibus 
Appropriations Act, 2009, Public Law 111-8, 123 Stat. 524 (2009)).
    20. Overall departmental responsibility for compliance with the 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act of 1970, Public Law 91-646, 84 Stat. 1894 (1971) (codified as 
amended at 42 U.S.C. 4601 et seq.); 49 CFR part 24 (For departmental 
programs, only the Assistant Secretary for Community Planning and 
Development is delegated the authority to exercise the federal 
agency waiver authority provided under 49 CFR 24.7).
    21. Overall departmental responsibility for compliance with the 
National Environmental Policy Act of 1969, Public Law 91-190, 83 
Stat. 852 (1970) (codified as amended at 42 U.S.C. 4321-4347), and 
the related laws and authorities cited in 24 CFR 50.4, including 
(with regard to the Assistant Secretary for Community Planning and 
Development) the authority to issue and to waive, or approve 
exceptions or establish criteria for exceptions from provisions of, 
24 CFR parts 50, 51, 55, and 58.
    22. Certain Office of Community Planning and Development 
programs that are no longer authorized for funding (or future 
funding is not anticipated), but whose administration must continue 
until all departmental responsibilities are discharged and finally 
terminated. These programs, as of September 2011, include the 
following:
    a. The Slum Clearance and Urban Renewal program under Title I of 
the Housing Act of 1949, Public Law 81-171, 63 Stat. 413 and any 
program which is superseded by, or inactive by reason of Title I of 
the Housing and Community Development Act of 1974, Public Law 93-
383, 88 Stat. 633 (codified as amended at 42 U.S.C. 5316);
    b. Area-wide grants, inequities grants, disaster grants and the 
authority to concur in final approval actions regarding innovative 
grants under section 107 of Title I of the Housing and Community 
Development Act of 1974, Public Law 93-383, 88 Stat. 633 (repealed 
1981);
    c. Urban Development Action grants under Title I of the Housing 
and Community Development Act of 1974, Public Law 93-383, 88 Stat. 
633 (codified as amended at 42 U.S.C. 5318);
    d. The Rental Rehabilitation Program, United States Housing Act 
of 1937, Sec.  17, Public Law 98-181, 97 Stat. 1196 (repealed 1990); 
24 CFR part 511;
    e. The Section 312 Rehabilitation Loan Program, Housing Act of 
1964, Sec.  312, Public Law 88-560, 78 Stat. 769 (codified at 42 
U.S.C. 1452(b)); 24 CFR part 510;
    f. The Urban Homesteading Program, Housing and Community 
Development Act of 1974, Sec.  810, Public Law 93-383, 88 Stat. 633 
(repealed 1990);
    g. Enterprise Zone Program under Title VII of the Housing and 
Community Development Act of 1987, Pub. L. No 100-242, 101 Stat. 
1815 (1988) (codified as amended at 42 U.S.C. 11501 et seq.);
    h. Grants for urban Empowerment Zones (EZ) as provided for in 
annual HUD appropriations acts (e.g., Consolidated Appropriations 
Resolution, Fiscal Year 2003, Public Law 108-7, 117 Stat. 11 
(2003));
    i. HUD's Homeownership Zone Initiative (HOZ) grants as provided 
for in section 205 of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1997, Public Law 104-204, 110 Stat. 2874 (1996) 
and funded with recaptured Nehemiah grants authorized under Title VI 
of the Housing and Community Development Act of 1987, Public Law 
100-242, 101 Stat. 1815 (1988) (codified at 12 U.S.C. 1715l note);
    j. The Innovative Homeless Initiatives Demonstration program 
under the HUD Demonstration Act of 1993, Public Law 103-120, 107 
Stat. 1144;
    k. The HOPE for Homeownership of Single-family Housing (HOPE 3) 
program, Title IV, Subtitle C of the Cranston-Gonzalez National 
Affordable Housing Act, Public Law 101-625, 104 Stat. 4079 (1990) 
(codified at 42 U.S.C. 12891);
    l. New Communities Program, Section 413 of the Housing and Urban 
Development Act of 1968, Public Law 90-448, 82 Stat. 476 (repealed 
1983), Section 726 of the Housing and Urban Development Act of 1970, 
Public Law 91-609 (repealed 1983), 84 Stat. 1784, Section 474 of the 
Housing and Urban-Rural Recovery Act of 1983, Public Law 98-181, 97 
Stat. 1237 (codified at 12 U.S.C. 1701g-5b), and any other 
functions, powers, and duties that may affect the liquidation of the 
New Communities program;
    m. Rural Housing and Economic Development grants specifically 
designated originally in the Fiscal Year 1998 HUD Appropriations 
Act, Public Law 105-65, 111 Stat. 1344 and subsequent annual HUD 
appropriations acts;
    n. Renewal Communities (RC)), as authorized under title 26, 
subtitle A, chapter 1, subchapter X of the Internal Revenue Code 
(codified as amended at 26 U.S.C. 1400E et seq.); 24 CFR part 599.
    o. The Youthbuild Program, Title IV, Subtitle D of the Cranston-
Gonzalez National Affordable Housing Act, Public Law 101-625, 104 
Stat. 4079 (1990) (repealed 2006); 24 CFR part 585; and Youthbuild 
Transfer Act (TA) as authorized under Title IV of the Cranston-
Gonzalez National Affordable Housing Act, as amended by the Housing 
and Community Development Act of 1992, Public Law 102-550, 106 Stat. 
3723 (1992) (repealed 2006); and
    p. All programs consolidated in the Revolving Fund (Liquidating 
Programs) established pursuant to Title II of the Independent 
Offices Appropriations Act, Public Law 98-45, 97 Stat. 223 (1983) 
(codified as amended at 12 U.S.C. 1701g-5), including all authority 
of the Secretary with respect to functions, administration, and 
management of the Revolving Fund (Liquidating Programs). Only the 
Assistant Secretary is the responsible official for allotments in 
the Revolving Fund (Liquidating Programs); and
    23. Debarments, suspensions, and/or limited denial of 
participations under 2 CFR part 2424 with the concurrence of the 
General Counsel, or such other official as may be designated by the 
General Counsel.

Section B. Authority Excepted

    There is excepted from the authority delegated under Section A:

    1. The power to sue and be sued;
    2. Under Title I of the Housing and Community Development Act of 
1974, Public Law 93-383, 88 Stat. 633 (codified as amended at 42 
U.S.C. 5301 et seq.):
    a. The power to administer the Indian Community Development 
Block Grant program, for which the authority has been delegated to 
the Assistant Secretary for Public and Indian Housing;
    b. The power to administer section 107 programs delegated to the 
Assistant Secretary for Policy Development and Research;
    c. The power to issue obligations for purchase by the Secretary 
of the Treasury under section 108(g) of the Housing and Community 
Development Act (42 U.S.C. 5308); and
    d. The power and authority of the Secretary with respect to 
nondiscrimination under section 109 may be exercised only with the 
advice of the Assistant Secretary for Fair Housing and Equal 
Opportunity.
    3. Under the HOME Investment Partnerships Act, Title II of the 
Cranston-Gonzalez National Affordable Housing Act, Public Law 101-
625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12721 
et seq.), the power to administer grants to Indian tribes, for which 
the authority has been delegated to the Assistant Secretary for 
Public and Indian Housing; and
    4. For programs noted in Section A.22 of this delegation that 
are no longer authorized for funding:
    a. The power to establish interest rates; and
    b. The power to issue notes or obligations for purchase by the 
Secretary of the Treasury.

Section C. Authority To Redelegate

    The Assistant Secretary may not redelegate the authority to issue 
or waive regulations covered by section 7(q) of the Department of 
Housing and Urban Development Act, 42 U.S.C. 3535(q). See Waiver of 
Regulations Issued by HUD, Restatement of Policy, 73 FR 76674 (Dec. 17, 
2008). The

[[Page 64364]]

Assistant Secretary, the General Deputy Assistant Secretary for 
Community Planning and Development, and the Deputy Assistant Secretary 
for Grant Programs are authorized to redelegate to employees of the 
Department any other authority delegated under Section A. Redelegated 
authority to CPD Deputy Assistant Secretaries or other CPD program 
officials does not supersede the authority of the Assistant Secretary 
as designee of the Secretary.

Section D. Delegations Superseded

    This notice supersedes all prior delegations of authority from the 
Secretary to the Assistant Secretary, the General Deputy Assistant 
Secretary for Community Planning and Development, and the Deputy 
Assistant Secretary for Grant Programs.

Section E. Actions Ratified

    The Secretary hereby ratifies all actions previously taken by the 
Assistant Secretary, the General Deputy Assistant Secretary for 
Community Planning and Development, the Deputy Assistant Secretary for 
Grant Programs, and the Deputy Assistant Secretary for Grant Programs, 
with respect to the programs and matters listed in Section A.

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

    Dated: October 4, 2011.
Shaun Donovan,
Secretary.
[FR Doc. 2011-26909 Filed 10-17-11; 8:45 am]
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