[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31972-31974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13093]



[[Page 31971]]

Vol. 77

Wednesday,

No. 104

May 30, 2012

Part III





Department of Housing and Urban Development





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Consolidated Delegation of Authority for the Office of Community 
Planning and Development; Order of Succession for the Office of 
Community Planning and Development; Notices

  Federal Register / Vol. 77 , No. 104 / Wednesday, May 30, 2012 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5642-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 Special Needs Programs.

DATES: Effective Date: May 16, 2012.

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 
Special Needs 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 October 
18, 2011 (76 FR 64362). Published elsewhere in today's Federal Register 
is the order of succession for 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 Special Needs 
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.
    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, Pub. L. 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, Pub. L. 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, 
Pub. L. 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 Section1497 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

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    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 100-77, 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, Pub. L. 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, Pub. L. 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 May 2012, 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, Public Law 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. Suspensions, and/or limited denial of participations under 2 
CFR part 2424 with the concurrence of the

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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;
    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; and

Section C. Authority To Redelegate

    The Assistant Secretary may not redelegate the authority to issue 
or waive regulations. The Assistant Secretary, the General Deputy 
Assistant Secretary for Community Planning and Development, and the 
Deputy Assistant Secretary for Special Needs 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.

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

    Dated: May 16, 2012.
Shaun Donovan,
Secretary of Housing and Urban Development.
[FR Doc. 2012-13093 Filed 5-29-12; 8:45 am]
BILLING CODE 4210-67-P