[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Notices]
[Pages 26651-26652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10864]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5708-D-01]


Redelegation of Authority to Regional Public Housing Directors 
and Public Housing Field 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, authorizes the Secretary to delegate 
functions, powers, and duties as the Secretary deems necessary. By 
Federal Register notice published August 4, 2011, the Secretary 
delegated to the Assistant Secretary for Public and Indian Housing and 
the General Deputy Assistant Secretary for Public and Indian Housing 
authority for the administration of HUD's Public and Indian Housing 
(PIH) programs, and authorized the Assistant Secretary to further 
redelegate such authority. In this notice, the Assistant Secretary 
redelegates authority through the General Deputy Assistant Secretary to 
the Regional Public Housing Directors and PIH Field Office Directors to 
approve Section 30 mortgage or security interests in a public housing 
project or other public housing agency (PHA) property, as described in 
this redelegation of authority, in the approval of Energy Performance 
Contracts.

[[Page 26652]]


DATES: Effective Date: May 1, 2013.

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, email 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: As described in the Summary section of this 
notice, on August 4, 2011 (76 FR 47224), the Secretary delegated 
authority for the administration of PIH programs to the Assistant 
Secretary for PIH and the General DAS for PIH. In a separate notice 
also published on August 4, 2011 (76 FR 47229), these two officials 
redelegated certain aspects of their authority to Regional Public 
Housing Directors. Included in the redelegated authority to the 
Regional Public Housing Directors was concurrent approval authority for 
energy performance contracts (EPC). In today's redelegation of 
authority, the Assistant Secretary for PIH redelegates authority 
through the General Deputy Assistant Secretary for PIH, to the Regional 
Public Housing Directors and the PIH Field Office Directors to approve 
mortgage or security interests, as provided under section 30 of the 
United States Housing Act of 1937, in the approval of EPCs. To the 
extent that today's notice redelegates authority to add an approval 
authority for EPC reviews, this notice supersedes the August 4, 2011, 
redelegation of authority.

Section A. Authority Redelegated

    Authority is hereby redelegated by the Assistant Secretary, through 
the General Deputy Assistant Secretary for PIH, to Regional Public 
Housing Directors and Public Housing Field Office Directors for reviews 
and approvals of EPCs that may include approvals of security interests 
under section 30 of the United States Housing Act of 1937, (1937 Act), 
as amended, (42 U.S.C. 1437z-2). The Quality Housing and Work 
Responsibility Act of 1998 (QHWRA) (Pub. L. 105-276, October 21, 1998) 
added section 30 to the 1937 Act. Pursuant to section 30 and subject to 
HUD approval, a PHA may mortgage or grant a security interest in any 
public housing project or other property of the PHA (e.g., its public 
housing real property or other (personal) property (e.g., bank accounts 
or energy conservation improvements) and may mortgage or otherwise 
encumber such property covered by the 1937 Act that it owns.
    HUD reviews EPCs under the authority of section 9(e) of the 1937 
Act. If an EPC proposal also requires a section 30 approval, the 
Regional Public Housing Director or Public Housing Field Office 
Director shall review the section 30 request along with the EPC 
proposal review. For mixed finance projects with EPCs requiring section 
30 approval, the review and approval is part of the mixed finance 
evidentiary process and involves Declarations of Restrictive Covenants 
(DORCs). The imposition of a mortgage or security interest requires a 
legal opinion from the Office of General Counsel that the mortgage or 
security interest does not supersede or encumber the Declaration of 
Trust or DORCs as applicable.

Section B. Excepted Authority That Remains With the Secretary, 
Assistant Secretary, or Deputy Assistant Secretaries

    Today's redelegation of authority does not amend Sections A, C, or 
D of the August 4, 2011, redelgation of authority.

Section C. Authority to Further Redelegate

    The authority redelegated by Section A of today's notice may be 
further redelegated, as appropriate, by Regional Public Housing 
Directors or Public Housing Field Office Directors to Public Housing 
Hub Directors, Program Center Coordinators, and other ranking program 
officials on site or out-stationed in accordance with a written 
redelegation of authority. Such subsequent redelegations may follow the 
format presented herein or may be a memorandum stating that specific 
authority is hereby designated. Time limits for such any further 
redelegated authority may be added.

Section D. Authority Superseded

    To the extent that today's notice redelegates authority to add an 
approval authority for EPC reviews, this notice supersedes the August 
4, 2011, redelegation of authority.

Section E. Consultation and Coordination With the General Counsel

    The Assistant Secretary for PIH, the General Deputy Assistant 
Secretary, Deputy Assistant Secretaries, Regional Public Housing 
Directors and all others covered by this redelegation shall consult 
with the General Counsel, as required and, when required, such 
consultation shall be in accordance with 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: May 1, 2013.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2013-10864 Filed 5-6-13; 8:45 am]
BILLING CODE 4210-67-P