[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42106-42109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18856]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5997-N-51]


30-Day Notice of Proposed Information Collection: Public Housing 
Annual Contributions Contract and Inventory Removal Application

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice.

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SUMMARY: HUD submitted the proposed information collection requirement 
described below to the Office of Management and Budget (OMB) for 
review, in accordance with the Paperwork Reduction Act. The purpose of 
this notice is to allow for 30 days of public comment.

DATES: Comments Due Date: October 6, 2017.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposal by name and/or OMB 
Control Number and should be sent to: HUD Desk Officer, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503; fax: 202-395-5806, Email: OIRA [email protected].

FOR FURTHER INFORMATION, CONTACT: Colette Pollard, Reports Management 
Officer, QMAC, Department of Housing and Urban Development, 451 7th 
Street SW., Washington, DC 20410; email [email protected], or 
telephone 202-402-3400. This is not a toll-free number. Person with 
hearing or speech impairments may access this number through TTY by 
calling the toll-free Federal Relay Service at (800) 877-8339.
    Copies of available documents submitted to OMB may be obtained from 
Ms. Pollard.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A.
    The Federal Register notice that solicited public comment on the 
information collection for a period of 60 days was published on March 
1, 2016 at 81 FR 10651.

A. Overview of Information Collection

    Title of Information Collection: Public Housing Annual 
Contributions Contract and Inventory Removal Application.
    OMB Approval Number: 2577-0075.
    Type of Request: Revision of a currently approved collection.
    Form Number: HUD-51999, HUD-52190, HUD-52840-A, HUD-53012, HUD-
52860, HUD 52860-A, HUD 52860-B, HUD 52860-C; HUD 52860-D; HUD 52860-E, 
HUD 52860-F, HUD-52860-G, and HUD-5837.
    Description of the need for the information and proposed use: HUD 
previously amended this information collection to consolidate all 
information that PHAs are required to submit to HUD in connection with 
their contractual duties to operate and remove public housing dwelling 
units and other real property under the United States Housing Act of 
1937 (1937 Act) (42 U.S.C Sec.  1437g).
    Annual Contributions Contract (ACC) (HUD-53012). Section 9 of the 
1937 Act

[[Page 42107]]

permits the Secretary of HUD to make grants (i.e, annual contributions 
contracts) to Public Housing Agencies (PHAs) to achieve and maintain 
the lower income character of public housing projects. The Secretary is 
required to embody the provisions for such payments in an agreement 
(i.e., ACC). The purpose of the ACC is to establish the grant agreement 
between each Public Housing Agency (PHA) and HUD. The ACC establishes 
the basic terms and conditions for the PHA's public housing program and 
requires the PHA to manage and operate all of its public housing 
properties in accordance with the U.S. Housing Act of 1937 and all 
applicable HUD Requirements. This collection amends this ACC document 
by merging the current HUD-53012-A and HUD-53012-B forms into one 
document and adding requirements applicable to mixed-finance public 
housing development and making minor clarifications and updates, based 
on applicable statutes and regulations, on the contractual agreement.
    Declaration of Trust (DOT) (HUD-51290). The purpose of the 
Declaration of Trust (DOT) is to require PHA's to remain seized of the 
title of public housing projects and other real property and to refrain 
from transferring, conveying, assigning, leasing, mortgaging, pledging, 
or otherwise encumbering or permitting or suffering any transfer, 
conveyance, assignment, lease, mortgage, pledge or other encumbrance of 
said property or any part thereof, appurtenances thereto, or any rent, 
revenues, income, or receipts therefrom or in connection therewith, or 
any of the benefits or contributions granted to it by or pursuant to 
the ACC. This collection amends this ACC document by merging the 
current HUD-51290-A (development) and HUD-51290-B (modernization) 
forms, into one document, as well as adding the Declaration of 
Restrictive Covenants (DORC) document for mixed-finance public housing 
developments into one form.
    General Depository Agreement (GDA) (HUD-51999). The purpose of the 
General Depository Agreement (GDA) is to ensure PHAs use all program 
receipts received from HUD or otherwise associated with public housing 
funds for purposes of public housing, by requiring such financial 
assistance to be deposited into interest-bearing accounts at financial 
institutions whose deposits or accounts are insured by the Federal 
Deposit Insurance Corporation (FDIC) or the National Credit Union Share 
Insurance Fund (NCUSIF). This collection makes a small change to the 
Notice provision of the GDA to require that notice be implemented by 
the Depository within 24 hours of receipt. The GDA is an agreement 
between the PHA and the Depository and establishes the terms and 
conditions dictating the investment policies for the PHAs deposits.
    Inventory Removal Application (HUD-52860). The purpose of the 
Inventory Removal Application (HUD-52860) is to ensure PHAs comply with 
the statutory and regulatory requirements when removing public housing 
projects and other real property subsidized by HUD from their inventory 
through various programs, including Sections 18, 22, 33, 32 of the 1937 
Act and eminent domain settlement agreements and retentions under 2 CFR 
200.311. This application and approval process also ensures an accurate 
and up-to-date building and unit count for the PHA. HUD uses the PHA's 
inventory of buildings and units for various purposes, such as funding 
and property inspections. This collection modifies this form to make it 
a better-tailored ``global'' form that applies to all removal actions. 
It is required in addition to the addendum related to the specific 
removal program.
    Demolition/Disposition Addendum (HUD-52860-A). This collection adds 
this new addendum to specifically address the requirements of 24 CFR 
part 970 for demolition and disposition removals. These requirements 
were previously included in the global HUD-52860.
    Total Development Cost (TDC) and Rehab Cost Estimate Addendum (HUD-
52860-B). This information is required for all Inventory Removal 
Applications that propose a demolition under 24 CFR 970.15 or a 
disposition under 24 CFR 970.17 based on physical obsolescence. This 
collection makes formatting and instructional changes and refers users 
to the applicable HUD notice for more guidance.
    Homeownership Addendum (HUD-52860-C). This information is required 
for all Inventory Removal Applications that propose a homeownership 
program under 24 CFR part 906. This collection makes formatting, 
instructional and other changes to provide clearer direction and to 
ensure PHAs are fully complying with the requirements of 24 CFR part 
906.
    Required Conversion Addendum (HUD-52860-D). This information is 
required for all Inventory Removal Applications that propose a required 
conversion under 24 CFR 972-Subpart A. This collection makes minor 
formatting, instructional and other changes to provide clearer 
direction and to ensure PHAs are fully complying with the requirements 
of 24 CFR part 972 Subpart-A.
    Voluntary Conversion Addendum (HUD-52860-E). This information is 
required for all Inventory Removal Applications that propose a required 
conversion under 24 CFR 972-Subpart B. This collection makes minor 
formatting, instructional and other changes to provide clearer 
direction and to ensure PHAs are fully complying with the requirements 
of 24 CFR part 972 Subpart-B.
    Eminent Domain Addendum (HUD-52860-F). This information is required 
for all Inventory Removal Applications that propose settlement 
agreement (in lieu of court proceedings) for public housing projects 
and other public housing property that taking entity proposes to 
condemn through eminent domain proceedings under applicable state law. 
This collection makes minor formatting, instructional and other changes 
to provide clearer direction and to ensure PHAs are fully complying 
with the requirements of PIH Notice 2012-8.
    Retention Addendum (HUD-52860-G). This collection adds a new form 
that applies to PHAs who are requesting to retain certain public 
housing property in accordance with 2 CFR 200.311(c) and PIH Notice 
2016-20.
    Notification of Closeout or Future Public Housing Development (HUD-
5837). This collection adds a new form that applies to PHAs who are 
intending to remove all dwelling units in their portfolio from their 
inventory. This is notification to HUD of a PHA's intention to either 
closeout from the public housing program or develop new public housing 
units. Such removal may be through any available law or HUD program, 
which may include Sections 18, 22, 33, 32 of the U.S. Housing Act of 
1937 or the Rental Assistance Demonstration (RAD) program). This form 
will alert HUD about its future plans for either termination of the 
public housing ACC or development of new dwelling units. HUD will use 
this information to provide targeted technical assistance, to ensure 
HUD has an accurate database of federal public housing inventory and 
assets, and to monitor PHA compliance with the ACC and applicable 
federal laws and regulations.
    Capital Fund Program Amendment to the ACC (HUD-52840-A). This form 
amends a PHA's ACC each time HUD provides Capital Fund Program (CFP) 
assistance to a PHA for capital and management activities of PHA 
developments. This collection amends this form to change its format 
from PDF/Word to Excel only.

[[Page 42108]]

    This collection notes that in a previous amendment of this 
collection 2577-0075, functions and activities for Public Housing 
Annual Contributions Contract that were under OMB control number 2577-
0270 were merged into this collection 2577-0075 and the Office 
Management and Budget (OMB) approved discontinuation of OMB Control 
Number 2577-0270.
    Respondents: Public Housing Agencies.

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                                       Total       Burden hours                    Cost per hour    Total  Cost
          ACC provision              responses     per response     Total hours         ($)             ($)
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1. Execute new ACC via HUD form               40             5.5             220           24.83           5,463
 53012-A and B..................
2. Terminate or amend ACC via                 40             9.8             390           24.83           9,684
 HUD-5837.......................
3. Request HUD approval of non-              114             6.4             735           24.83          18,250
 dwelling leases or agreements..
4. HUD approval for easement                  48            73.4            3524           24.83          87,501
 uses...........................
5. Submit General Depository                 265             2.5             651           24.83          16,164
 Agreement (GDA) via form HUD
 51999..........................
6. Request to terminate GDA.....             107             1.9             202           24.83           5,016
7. ACC revisions to change year               23            11.2             257           24.83           6,381
 end dates......................
8. ACC to consolidate PHAS......              18            12.1             217           24.83           5,388
9. ACC revision to transfer                   43             9.1             391           24.83           9,709
 programs.......................
10. Request review of Conflict               102             9.3             951           24.83          23,613
 of interest....................
11. Request pooling of insurance               5            19.4              97           24.83           2,409
12. Request for new Declaration              142             8.8            1249           24.83          31,013
 of Trust (DOT) via form HUD
 52190-A and B..................
13. Request DOT amendment or                 221             9.2            2031           24.83          50,430
 termination....................
14. Amend ACC for Capital Fund                73            10.8             788           24.83          19,566
 Finance via form HUD 52840-A...
15. Amend ACC for Mixed Finance               94            21.1            1981              50          99,050
 Supplementary Legal Document...
16. Amend ACC for Capital Grant.            2820             3.9          11,070           24.83         274,868
17. Amend ACC for Emergency                   38             2.6             100           24.83           2,483
 Capital Fund Grant.............
18. Amend ACC Capital Fund for                75             1.3              96           24.83           2,384
 Safety and Security............
19. Amend ACC to Recapture                   123             5.2             643           24.83          15,966
 Capital Fund Grant.............
20. Amend ACC for Energy                      38             5.1             192           24.83           4,767
 Performance Contract...........
21. Amend ACC for Community                   13             2.2              28           24.83             695
 Facilities Grants..............
22. Removal of public housing                112               3             240           33.72          12,139
 property from ACC through
 Section 18, 22, 33, 32,
 retentions, or eminent domain,
 via HUD form 52860.............
23. Removal of public housing                 80               3             240           33.72          12,139
 property from ACC through
 demolition and/or disposition,
 including de minims, via
 (Section 18) via HUD form 52860-
 A..............................
24. Removal of public housing                 60               2             120           33.72            4046
 property from ACC through
 demolition and/or disposition,
 when justified by physical
 obsolescence (rehab cost-
 estimate) via HUD form 52860-B.
25. Removal of public housing                  2             6.0              12           33.72             405
 property from ACC through
 voluntary conversion (Section
 22) via HUD form 52860-E.......
26. Removal of public housing                  0             3.0               0           33.72               0
 property from ACC through
 required conversion (Section
 33) via HUD form 52860-D.......
27. Removal of public housing                  4             6.0              24           33.72             809
 property through homeownership
 (Section 32) via HUD Form 52860-
 C..............................
28. Removal of public housing                  6             2.0              12           33.72             404
 property from ACC through
 eminent domain HUD form 52860-F
29. Removal of public housing                 20             2.0              40           33.72           1,349
 property from ACC through
 retention actions under 2 CFR
 200.311 via HUD form 52860-G...
30. Supplementary Document:                   60            24.0            1440              50          72,000
 Unique Legal Document used by
 HQ Staff Mixed-Finance
 Amendment to the ACC...........
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    Totals......................           4,614           286.1          27,723          798.92         778,647
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B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond: including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.

[[Page 42109]]

    HUD encourages interested parties to submit comment in response to 
these questions.

    Authority: Section 3507 of the Paperwork Reduction Act of 1995, 
44 U.S.C. Chapter 35.

    Dated: August 30, 2017.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information 
Officer.
[FR Doc. 2017-18856 Filed 9-5-17; 8:45 am]
BILLING CODE 4210-67-P