[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Pages 38853-38856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16042]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5642-D-03]


Redelegation of Authority to the Deputy Assistant Secretaries in 
the Office of Community Planning and Development

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice of redelegation of authority to Deputy Assistant 
Secretaries in Community Planning and Development.

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SUMMARY: On May 30, 2012, a new Consolidated Delegation of Authority 
was published in the Federal Register, at 77 FR 31972, giving 
concurrent authority for Community Planning and Development (CPD) 
programs from the Secretary of HUD 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. In this notice, the 
Assistant Secretary of Community Planning and Development redelegates 
to the Deputy Assistant Secretaries and other specified HUD officials 
all powers and authorities necessary to carry out Office of Community 
Planning and Development programs, except those powers and authorities 
specifically excluded.

DATES: Effective Date: June 20, 2012.

FOR FURTHER INFORMATION CONTACT: David H. Enzel, Director of Technical 
Assistance and Management, Office of Community Planning and 
Development, 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 via TTY by calling the Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: Published in the Federal Register on May 30, 
2012, at 77 FR 31972, is a revised consolidated delegation 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. This notice updates and revises redelegations of 
authority to Deputy Assistant Secretaries and other specified HUD 
officials within the Office of Community Planning and Development. This 
notice supersedes all previous redelegations of authority to CPD Deputy 
Assistant Secretaries and other specified HUD officials in CPD, 
including a redelegation published on October 18, 2011 at 76 FR 64369. 
Also published elsewhere in today's Federal Register is a redelegation 
of authority from the Assistant Secretary for Community Planning and 
Development to Directors and Deputy Directors of CPD in HUD Field 
Offices.

[[Page 38854]]

Section A. General Redelegation of Authority

1. Deputy Assistant Secretary for Grant Programs

    Except those authorities specifically excluded, the Assistant 
Secretary redelegates to the Deputy Assistant Secretary for Grant 
Programs all powers and authorities of the Assistant Secretary 
necessary to carry out the following Community Planning and Development 
programs and matters:
    a. 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.); consolidated plans, 24 CFR part 91.
    b. 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.
    c. 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).
    d. Tax Credit Assistance Program (TCAP) as authorized under the 
HOME Investments Partnership Program heading of Division A, Title XII 
of American Recovery and Reinvestment Act of 2009, Public Law 111-5, 
123 Stat. 115, 220-21.
    e. 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 as amended at 42 U.S.C. 12805 note).
    f. 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:
    (1) Community Development Block Grant (CDBG) program;
    (2) Section 108 loan guarantee program;
    (3) Economic development grants pursuant to Section 108(q);
    (4) Neighborhood Stabilization Programs Under 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);
    (5) CDBG Disaster Recovery Grants as provided for in annual and 
supplemental HUD appropriations acts; and
    (6) 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.).
    g. 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 (except for the 
authority to exercise the Federal Agency waiver authority provided 
under 49 CFR 24.7).
    h. Environment, 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.
    i. 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 
that is superseded or inactive 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).
    j. Rental Rehabilitation Program, United States Housing Act of 1937 
Sec.  17, Public Law 98-181, 97 Stat. 1196 (repealed 1990); 24 CFR part 
511.
    k. Section 312 Rehabilitation Loan Program, Housing Act of 1964 
Sec.  312, Public Law 88-560, 78 Stat. 769; 24 CFR part 510.
    l. 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, Pub. L. 100-242, 101 Stat. 1815 (1988) 
(codified at 12 U.S.C. 17151 note).
    m. HOPE for Homeownership of Single-family Housing Program (HOPE 
3), 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).
    n. 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 which may affect the liquidation of the New 
Communities program.
    o. Technical assistance and capacity building awards authorized 
under any program or matter listed in Section A.1 and as provided for 
in annual and supplemental HUD appropriations acts (e.g., Consolidated 
Appropriations Act 2010, Pub. L. 111-117, 123 Stat. 3093 (2009)).
    Further, in the absence of the Deputy Assistant Secretary for Grant 
Programs, the Assistant Secretary redelegates to the Director of the 
Office of Block Grant Assistance all powers and authorities of the 
Assistant Secretary necessary to carry out programs and matters listed 
in paragraphs f and i of Section A.1.
    Further, in the absence of the Deputy Assistant Secretary for Grant 
Programs, the Assistant Secretary redelegates to the Director of the 
Office of Affordable Housing Programs all powers and authorities of the 
Assistant Secretary necessary to carry out programs and matters listed 
in paragraphs b, c, d, e, g, and l of Section A.1.

2. Deputy Assistant Secretary for Special Needs

    Except those authorities specifically excluded, the Assistant 
Secretary redelegates to the Deputy Assistant Secretary for Special 
Needs all powers and authorities of the Assistant Secretary necessary 
to carry out the following Community Planning and Development programs 
and matters:
    a. 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 Act of Oct. 30, 2000, Public Law 106-400, 
114 Stat. 1675 (2000), including the following: Emergency Shelter 
Grants/Emergency Solutions Grants Program, 24 CFR part 576; Supportive 
Housing program, 24 CFR part 583; Shelter Plus Care program, 24 CFR 
part 582; Moderate Rehabilitation for Single Room Occupancy program, 24 
CFR part 882, Subpart H; Continuum of Care program; Rural Housing 
Stability Assistance program.
    b. Base Closure, Base Closure Community Redevelopment and Homeless 
Assistance Act of 1994, Public

[[Page 38855]]

Law 103-421, 108 Stat. 4352 (codified as amended at 10 U.S.C. 2687 
note); 24 CFR part 586.
    c. 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.
    d. 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 Act of Oct. 30, 2000, Public Law 106-400, 114 
Stat. 1675 (2000), 24 CFR part 581.
    e. 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)).
    f. 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.
    Further, in the absence of the Deputy Assistant Secretary for 
Special Needs, the Assistant Secretary redelegates to the Director of 
the Office of Special Needs Programs all powers and authorities of the 
Assistant Secretary necessary to carry out programs and matters listed 
in paragraphs a, b, c, d, and e of Section A.2. Further, the Assistant 
Secretary redelegates to the Director of the Community Assistance 
Division the authority to sign notices of available properties and 
subsequent letters regarding the properties under Title V of the 
McKinney-Vento Homeless Assistance Act (codified as amended 42 U.S.C. 
11411 et seq.).
    Further, in the absence of the Deputy Assistant Secretary for 
Special Needs, the Assistant Secretary redelegates to the Director of 
the Office of HIV/AIDS Housing all powers and authorities of the 
Assistant Secretary necessary to carry out programs and matters listed 
in paragraph f of Section A.2.

3. Deputy Assistant Secretary for Economic Development

    Except those authorities specifically excluded, the Assistant 
Secretary redelegates to the Deputy Assistant Secretary for Economic 
Development all powers and authorities of the Assistant Secretary 
necessary to carry out the following Community Planning and Development 
programs and matters:
    a. Economic Development Initiative grants, as provided for in 
annual HUD appropriations acts (e.g., Consolidated Appropriations 
Resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11 (2003)).
    b. Grants for urban Empowerment Zones (EZ) as provided for in 
annual HUD appropriations acts (e.g., Consolidated Appropriations 
Resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11 (2003)).
    c. The Loan Guarantee Recovery Program 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.
    d. Neighborhood Initiatives grants specifically designated in 
annual HUD appropriations acts (e.g., Consolidated Appropriations Act 
2010, Pub. L. 111-117, 123 Stat. 3034 (2009)).
    e. Rural Innovation Fund grants as provided for in annual HUD 
appropriations act(s) (e.g., Consolidated Appropriations Act 2010, Pub. 
L. 111-117, 123 Stat. 3084 (2009)).
    f. Rural Housing and Economic Development grants specifically 
designated originally in the Fiscal Year 1998 HUD Appropriations Act, 
Public Law 105-65, 111 Stat. 1344 1997, and subsequent annual HUD 
appropriations acts.
    g. The Renewal Communities (RC) Initiative as authorized under 
title 26, subtitle A, chapter 1, subchapter X of the Internal Revenue 
Code, as amended, 26 U.S.C. 1400E et seq.; 24 CFR part 599.
    h. 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).
    i. The 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.
    j. Youthbuild Program, Title IV, Subtitle D of the Cranston-
Gonzalez National Affordable Housing Act, Public Law 101-625, 104 Stat. 
4079 (1990) (codified at 42 U.S.C. 12899 et seq.) (repealed 2006); 24 
CFR part 585.
    Further, in the absence of the Deputy Assistant Secretary for 
Economic Development, the Assistant Secretary redelegates to the 
Director of the Congressional Grants Division all powers and 
authorities of the Assistant Secretary necessary to carry out programs 
and matters listed in Section A.3.

4. Deputy Assistant Secretary for Operations

    Except those authorities specifically excluded, the Assistant 
Secretary redelegates to the Deputy Assistant Secretary for Operations 
and the Director of Technical Assistance and Management all powers and 
authorities of the Assistant Secretary necessary to carry out the 
following Community Planning and Development programs and matters:
    a. Technical Assistance and Capacity Building awards authorized 
under any program or matter delegated to the Assistant Secretary for 
Community Planning and Development (e.g., section 107 of the Housing 
and Community Development Act of 1987, as amended and Section 4 
Capacity Building for Community Development and Affordable Housing 
Grants program as authorized by Section 4 of the HUD Demonstration Act 
of 1993 (Pub. L. 103-120, 107 Stat. 1148, 42 U.S.C. 9816 note), as 
amended, and as provided for in annual and supplemental HUD 
appropriations acts (e.g., Consolidated Appropriations Act 2010, Pub. 
L. 111-117, 123 Stat. 3093 (2009)).
    b. 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 at 
12 U.S.C. 1701g-5), including all authority of the Assistant 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).

Section B. General Authority Excepted

    The authority redelegated under Section A does not include:
    1. The authority to issue or waive regulations covered by section 
7(q) of the Department of Housing and Urban Development Act;
    2. The authority to exercise the Federal Agency waiver authority 
provided under 49 CFR 24.7;
    3. The authority to enter regulations or directives into 
Departmental clearance; or
    4. Any authority not delegated to the Assistant Secretary for 
Community Planning and Development under the Consolidated Delegation of 
Authority for Community Planning and Development.
    The Assistant Secretary may revoke at any time this redelegation 
with respect to the programs and matters listed in Section A.

Section C. Authority to Further Redelegate

    The authority redelegated in Section A may be further redelegated 
to employees of the Department.

[[Page 38856]]

Section D. Redelegations Superseded

    This notice supersedes all prior redelegations of authority from 
the Assistant Secretary of Community Planning and Development to Deputy 
Assistant Secretaries and other specified HUD officials, including the 
redelegation of authority published on October 18, 2011 at 76 FR 64369.

Section E. Actions Ratified

    The Assistant Secretary hereby ratifies all actions previously 
taken by the Deputy Assistant Secretaries of Community Planning 
Development and other specified HUD officials, with respect to the 
programs and matters listed in Section A.

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

    Dated: June 20, 2012.
Mark Johnston,
Acting Assistant Secretary for Community Planning and Development.
[FR Doc. 2012-16042 Filed 6-28-12; 8:45 am]
BILLING CODE 4210-67-P