[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18645-18646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07918]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5865-D-01]
Delegation of Authority for the Office of Public and Indian
Housing
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of delegation of authority.
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SUMMARY: Section 7(d) of the Department of Housing and Urban
Development (HUD) Act, as amended, authorizes the Secretary to delegate
functions, powers and duties as the Secretary deems necessary. In this
delegation of authority, the Secretary delegates authority to the
Assistant Secretary, the Principal Deputy Assistant Secretary and the
General Deputy Assistant Secretary for the Office of Public and Indian
Housing (PIH) and authorizes the Assistant Secretary, the Principal
Deputy Assistant Secretary and the General Deputy Assistant Secretary
to redelegate authority for the administration of certain PIH programs.
This delegation revokes and supersedes all prior delegations of
authority, including the delegation published on August 4, 2011.
DATES: Effective upon date of signature.
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: Previous delegations of authority from the
Secretary of HUD to the Assistant Secretary, and General Deputy
Assistant Secretary for PIH, including the delegation published on
August 4, 2011 (76 FR 47224), are hereby revoked and superseded by this
delegation of authority.
Section A. Authority Delegated
The Secretary hereby delegates to the Assistant Secretary, the
Principal Deputy Assistant Secretary and the General Deputy Assistant
Secretary for PIH the authority and responsibility to administer the
following programs:
1. Programs under the jurisdiction of the Secretary pursuant to the
authority transferred from the Public Housing Administration under
section 5(a) of the Department of Housing and Urban Development Act (42
U.S.C. 3534) as amended;
2. Each program of the Department authorized pursuant to the United
States Housing Act of 1937 (1937 Act)(42 U.S.C. 1437 et seq) as
amended, including but not limited to the Public Housing program,
Section 8 Programs (except the following Section 8 project-based
programs: New Construction, Substantial Rehabilitation, Loan Management
Set-Aside, and Property Disposition) and predecessor programs that are
no longer funded but have ongoing commitments;
3. PIH programs for which assistance is provided for or on behalf
of public housing agencies (PHAs), public housing residents or other
low-income households; and
4. PIH programs for which assistance is provided for or on behalf
of Native Americans, Indian Tribes, Alaska Native Villages, Native
Hawaiians, tribal entities, tribally designated housing entities, or
tribal housing resident organizations. This includes, but is not
limited to: Programs authorized pursuant to the Native American Housing
Assistance and Self-Determination Act of 1966 (NAHASDA) (25 U.S.C. 4101
et seq.), as amended; the Community Development Block Grant Program for
Indian Tribes and Alaska Native Villages authorized by section 106 of
the Housing and Community Development Act of 1974 (42 U.S.C. 5306); the
Indian Home Loan Guarantee Program authorized by section 184 of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a);
the Native Hawaiian Loan Guarantee Program authorized by section 184A
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b); and Rural Innovation Fund grants and Rural Housing and Economic
Development grants awarded to Indian Tribes and tribal entities by the
Assistant Secretary for Community Planning and Development, as may be
authorized by HUD appropriations acts.
Only the Assistant Secretary for Public and Indian Housing is
delegated the authority to issue a final regulation or a Notice of
Funding Availability (NOFA). The authority delegated herein to the
Assistant Secretary, the Principal Deputy Assistant Secretary and the
General Deputy Assistant Secretary includes the authority to waive
regulations and statutes, but for the Principal Deputy Assistant
Secretary and the General Deputy Assistant Secretary the authority to
waive statutes is limited in Section B below.
Section B. Authority Excepted
Authority delegated under section A does not include the power to
sue or be sued. Also, the authority delegated under section A to the
Principal Deputy Assistant Secretary and General Deputy Assistant
Secretary does not include the authority to waive the following
statutes:
1. Waivers of obligation and expenditure deadlines for capital
funds under 42 U.S.C. 1437g(j)(2);
2. Waivers of Moving to Work demonstration authority under Section
204 of the Omnibus Consolidated Recessions and Appropriations Act of
1996 (Pub. L. 104-134);
3. Waivers of requirements for grants to Department of Hawaiian
Homelands where compliance is impossible due to circumstances beyond
the control of grantees under 25 U.S.C. 4222.
Section C. Authority To Redelegate
In accordance with a written redelegation of authority, the
Assistant Secretary, the Principal Deputy Assistant Secretary and the
General Deputy Assistant Secretary for PIH may further redelegate
specific authority. Redelegated authority to PIH Deputy Assistant
Secretaries or other ranking PIH program officials does not supersede
the authority of the Assistant Secretary as designee of the Secretary.
The three existing redelegations of authority for PIH published on
August 4, 2011 at 76 FR 47228, 76 FR 47229 and 76 FR 47231 remain in
effect.
Section D. Exceptions to Authority To Further Redelegate
The authority to redelegate does not include any power or authority
under law specifically required of the
[[Page 18646]]
Secretary of HUD, the Assistant Secretary of PIH, the Principal Deputy
Assistant Secretary of PIH or the General Deputy Assistant Secretary of
PIH. Authority excepted includes:
1. The authority to issue regulations;
2. The authority to issue notices to clarify regulations;
3. The authority to issue notices of funding availability (NOFAs),
handbooks, notices and other HUD policy directives;
4. The authority to impose remedies for substantial noncompliance
with the requirements of NAHASDA (25 U.S.C. 4101 et seq) and/or its
implementing regulations;
5. The authority to declare a failure to comply with the
regulations governing Community Development Block Grants for Indian
Tribes and Alaska Native Villages; and
6. The authority delegated herein to the Principal Deputy Assistant
Secretary to waive regulations and statutes with the exception of those
statutes listed in Section B.
Section E. Authority Superseded
The previous delegations of authority from the Secretary for HUD to
the Assistant Secretary for PIH are hereby revoked and superseded by
this delegation of authority, including the previous delegation of
authority for PIH published on August 4, 2011 (76 FR 47224).
Section F. Authority To Represent HUD
This consolidated delegation of authority is conclusive evidence of
the authority of the Assistant Secretary for PIH, the Principal Deputy
Assistant Secretary and the General Deputy Assistant Secretary or those
with redelegated authority, to represent the Secretary and to execute,
in the name of the Secretary, any instrument or document relinquishing
or transferring any right, title or interest of the Department in real
or personal property. The Secretary may revoke the authority authorized
herein, in whole or in part, at any time.
Section G. Consultation and Coordination With the General Counsel
The General Counsel shall consult and advise the Assistant
Secretary for PIH, the Principal Deputy Assistant Secretary and the
General Deputy Assistant Secretary as required and when requested and
to enter into such protocols as administratively agreed to by the
General Counsel and the Assistant Secretary for PIH, the Principal
Deputy Assistant Secretary or the General Deputy Assistant Secretary
for PIH. This consolidated delegation of authority is to be exercised
consistently with the delegation of 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: March 25, 2015.
Juli[aacute]n Castro,
Secretary of Housing and Urban Development.
[FR Doc. 2015-07918 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4210-67-P