[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Pages 38851-38853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16043]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5642-D-04]


Redelegation of Authority to Directors and Deputy Directors of 
Community Planning and Development in Field Offices

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

ACTION: Notice of redelegation of authority to field offices.

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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 Directors and Deputy Directors of Community Planning and 
Development in HUD Field Offices 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 of HUD to the Assistant Secretary, the General 
Deputy Assistant Secretary for CPD, and the Deputy Assistant Secretary 
for Special Needs Programs. This notice updates and revises 
redelegations of authority from the Assistant Secretary for Community 
Planning and Development to CPD Directors and Deputy Directors in HUD 
Field Offices. This notice supersedes all previous redelegations of 
authority to CPD Directors and Deputy Directors in HUD Field Offices, 
including a redelegation published on October 18, 2011 at 76 FR 64364. 
Also published elsewhere in today's Federal Register is a redelegation 
of authority from the Assistant Secretary for CPD to the Deputy 
Assistant Secretaries and other specified HUD officials.

Section A. General Redelegation of Authority

    Except those authorities specifically excluded, the Assistant 
Secretary redelegates to the Directors and Deputy Directors of 
Community Planning and Development in HUD Field Offices all powers and 
authorities of the Assistant Secretary necessary to carry out the 
following Community Planning and Development programs and matters:
    1. Community Development Block Grants (CDBG), Section 108 Loan 
Guarantees, Neighborhood Stabilization Programs (NSP), CDBG Disaster 
Recovery Grants, and other programs covered by 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.
    Authority not redelegated:
    a. Terminate, reduce, or limit the availability of grant payments 
pursuant to section 111(a), 42 U.S.C. 5311.
    b. Adjust entitlement and state grants pursuant to section 104(e), 
42 U.S.C. 5304.
    c. Determine basic grant amounts for metropolitan cities, urban 
counties, and States pursuant to section 106, 42 U.S.C. 5306.
    d. Reallocate funds pursuant to section 106(c) or (d), 42 U.S.C. 
5306.
    e. Determine the qualifications of localities for special 
consideration. This includes, but is not limited to, the determination 
of qualifications of counties as urban counties pursuant to section 
102(a)(6), 42 U.S.C. 5302, the determination of what constitutes a city 
pursuant to section 102(a)(5), 42 U.S.C. 5302, and the determination of 
levels of physical and economic distress of cities and urban counties 
for eligibility for urban development action grants pursuant to section 
119(b), 42 U.S.C. 5318.
    f. Approve and disapprove applications, or amendments to 
applications, filed for loan guarantee or grant assistance, issue 
commitments or grant awards, execute grant agreements, or issue 
guarantees pursuant to section 108, 42 U.S.C. 5308.

[[Page 38852]]

    2. 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.
    3. Emergency Shelter Grants/Emergency Solutions Grants program, 
Title IV, Subtitle B of the McKinney-Vento Homeless Assistance Act, 
Public Law 100-77, 101 Stat. 482 (1987) (codified as amended at 42 
U.S.C. 11371 et seq.), renamed by Act of Oct. 30, 2000, Public Law 106-
400, 114 Stat. 1675 (2000); 24 CFR part 576.
    Authority not redelegated:
    a. Determine allocation amounts.
    b. Approve built-in waivers or exceptions authorized under Title IV 
of the McKinney-Vento Homeless Assistance Act and applicable 
implementing regulations (such as section 414(b), 42 U.S.C. 11374(b); 
24 CFR 576.21(b)(2) and section 415(d), 42 U.S.C. 11375(d); 24 CFR 
576.56(b); 24 CFR 576.57(d).
    4. The HOME Investment Partnerships Act, Title II of the Cranston-
Gonzalez National Affordable Housing Act (NAHA), Public Law 101-625, 
104 Stat. 4094 (1990) (codified as amended at 42 U.S.C. 12721 et seq.); 
24 CFR part 92.
    Authority not redelegated:
    a. Determine allocation and reallocation amounts pursuant to 
section 217 of NAHA.
    b. Revoke a jurisdiction's designation as a participating 
jurisdiction pursuant to section 216 of NAHA.
    c. Effect remedies for noncompliance pursuant to section 223 of 
NAHA.
    d. Approve a change in the number of units designated as HOME-
assisted units during the period of affordability pursuant to 24 CFR 
92.205(d).
    e. Make a determination that a consortium does not have sufficient 
authority and administrative capability to administer the HOME Program 
pursuant to 24 CFR 92.101(a)(3).
    5. 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).
    Authority not redelegated:
    a. Determine allocations, adjustments, and reallocation amounts.
    6. 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.
    7. 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.
    Authority not redelegated:
    a. Determine allocations, adjustments, and reallocation amounts.
    b. Revoke a jurisdiction's designation as an eligible state or 
eligible metropolitan statistical area for a formula allocation or as 
an eligible applicant for a nonformula allocation.
    c. Suspend or terminate current awards in whole or in part, 
withhold further awards, and effect other legally available remedies 
pursuant to 24 CFR 85.43(a)(3), (4) and (5).
    d. Approve built-in waivers pursuant to section 858, 42 U.S.C. 
12907(b)(1)(B); 24 CFR 574.310(c)(2).
    8. Title IV Subtitles C-F of the McKinney-Vento Homeless Assistance 
Act, Public Law 100-77, 101 Stat. 482 (1987) (codified as amended at 42 
U.S.C. 11381 et seq.), renamed by Act of Oct. 30, 2000, Public Law 106-
400, 114 Stat. 1675 (2000) including the following: 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, and Rural Housing Stability 
Assistance program.
    Authority not redelegated:
    a. Make funding decisions.
    b. Approve built-in waivers or exceptions authorized under Title IV 
of the McKinney-Vento Homeless Assistance Act and applicable 
implementing regulations (such as section 426(g), 42 U.S.C. 11386(g); 
24 CFR 583.300(f); section 455(c), 42 U.S.C. 11403d(c); 24 CFR 
582.300(a); section 441(h), 42 U.S.C. 11401(h); 24 CFR 882.808(q); 24 
CFR 582.340(b); 24 CFR 583.330(e)).
    9. Economic Development Initiative grants, as provided for in 
annual HUD appropriations acts (e.g., Consolidated Appropriations 
Resolution, Fiscal Year 2003, Public Law 108-7, 117 Stat. 11 (2003)).
    10. Neighborhood Initiatives grants specifically designated in 
annual HUD appropriations acts (e.g., Consolidated Appropriations Act 
2010, Public Law 111-117, 123 Stat. 3034 (2009)).
    11. Rural Innovation Fund grants as provided for in annual HUD 
appropriations act(s) (e.g., Consolidated Appropriations Act 2010, 
Public Law 111-117, 123 Stat. 3084 (2009)).
    12. 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.
    Authority not redelegated:
    a. Approve or amend strategic plans or other state and local 
commitments, including boundary changes.
    b. Revoke a designation, including issuing a warning letter 
pursuant to 24 CFR parts 597 and 598.
    13. 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.
    Authority not redelegated:
    a. Exercise the Federal Agency waiver authority provided under 49 
CFR 24.7.
    14. 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, Pub. L. No 
100-242, 101 Stat. 1815 (1988)) 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)).
    15. Certain Community Planning and Development programs that are no 
longer authorized for funding (or future funding is not anticipated) 
but administration of the programs must continue until all Department 
responsibilities are discharged and finally terminated. These programs, 
as of June 2011, include the following:
    a. Any program superseded by, or inactive by reason of, Title I of 
the Housing and Community Development Act of 1974, Pub.L. No. 93-383, 
88 Stat. 633 (codified as amended at 42 U.S.C. 5316).
    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. 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).
    d. 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.

[[Page 38853]]

    e. 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.
    f. 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.
    g. 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 Assistant 
Secretary with respect to the 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).
    h. 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 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).

Section B. Limited Denial of Participation

    Subject to the excepted authority in Section C, the Assistant 
Secretary redelegates to Directors and Deputy Directors of CPD in HUD 
Field Offices the authority to order a limited denial of participation 
sanction pursuant to HUD regulations at 2 CFR part 2424, with respect 
to the programs and matters listed in Section A; provided that the 
General Counsel, or such other official as may be designated by the 
General Counsel, must: (1) Concur in any proposed sanction under 2 CFR 
part 2424 before it is issued, and (2) concur in any proposed 
settlement of a sanction under 2 CFR part 2424.

Section C. 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 (42 U.S.C. 
3535(q));
    2. The authority to sue and be sued;
    3. The authority to effect remedies for noncompliance requiring 
notice and an opportunity for an administrative hearing;
    4. The authority for allotments in the Revolving Fund (Liquidating 
Programs) under paragraph g of Section A; or
    5. Any authority not delegated to the Assistant Secretary for CPD 
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 and orders 
of limited denial of participation issued in accordance with Section B.

Section D. Authority To Further Redelegate

    The authority redelegated in Sections A and B may not be further 
redelegated.

Section E. Redelegations Superseded

    This notice supersedes all prior redelegations of authority from 
the Assistant Secretary of CPD to Directors and Deputy Directors of 
Community Planning and Development in HUD Field Offices, including the 
redelegation of authority published on October 18, 2011 at 76 FR 64364.

Section F. Actions Ratified

    The Assistant Secretary hereby ratifies all actions previously 
taken by the Directors and Deputy Directors of CPD in HUD Field Offices 
with respect to the programs and matters listed in Section A and orders 
of limited denial of participation issued in accordance with Section B.

    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. 2012-16043 Filed 6-28-12; 8:45 am]
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