[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Notices]
[Pages 34876-34878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13903]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7104-N-12; OMB Control No.: 2577-0029]
60-Day Notice of Proposed Information Collection: Allocation of
Operating Fund Grant Under the Operating Fund Formula: Data Collection
AGENCY: Office of the Assistant Secretary for Public and Indian Housing
(PIH), HUD.
ACTION: Notice.
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SUMMARY: HUD is seeking approval from the Office of Management and
Budget (OMB) for the information collection described below. In
accordance with the Paperwork Reduction Act, HUD is requesting comments
from all interested parties on the proposed collection of information.
The purpose of this notice is to allow for 60 days of public comment.
DATES: Comments Due Date: September 22, 2025.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Written comments and recommendations for the proposed
information collection can be sent within 60 days of publication of
this notice to www.regulations.gov. Interested persons are also invited
to submit comments regarding this proposal and comments should refer to
the proposal by name and/or OMB Control Number and should be sent to:
Dawn Martin, Program Analyst, Department of Housing and Urban
Development, 451 7th Street SW, Room 3180, Washington, DC 20410-5000.
FOR FURTHER INFORMATION CONTACT: Ms. Eva Fulton, Program Analyst,
Department of Housing and Urban Development, 451 7th Street SW,
Washington, DC 20410; email [email protected], telephone
(202) 402-5847. This is not a toll-free number. HUD welcomes and is
prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
Copies of available documents submitted to OMB may be obtained from
Ms. Fulton.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: Allocation of Operating Funds
under the Operating Fund Formula: Data Collection.
OMB Approval Number: 2577-0029.
Type of Request: Revision of currently approved collection.
Form Number: HUD-52722, HUD-52723, HUD-52719, SF-424, SF-LLL, and
SF-425.
Description of the need for the information and proposed use:
Public Housing Agencies (PHAs) submits project level budget data
annually to HUD field offices. HUD field offices review and accept the
data which is used as the basis for obligating the Operating Fund
grant. The information is necessary to calculate the eligibility for
the operating fund grant under the Operating Funding Program
regulations, 24 CFR part 990. HUD provides Operating Funds on a
calendar year basis to PHAs to operate and maintain their public
housing projects.
HUD collects information for the HUD-52723 and HUD-52722 through
web-based forms in the Public Housing Portal. PHAs must submit this
data ``on regular and timely basis'' to HUD ``to ensure accurate
calculation'' of Operating Fund eligible, 24 CFR 990.200(c). HUD
requires PHAs complete the SF-424 and SF-LLL to make the following
certifications:
By signing this application, I certify under the penalty of perjury
(1) to the statements contained in the list of certifications and (2)
that the statements herein are true, complete and accurate to the best
of my knowledge. I also provide the required assurances and agree to
comply with any resulting terms if I accept an award. I am aware that
any false, fictitious, or fraudulent statements or claims may subject
me to criminal, civil, or administrative penalties. (e.g., 18 U.S.C.
287, 1001, 1010, 1012 and 1014; and 31 U.S.C. 3729 and 3802). I certify
the following:
a. In accordance with 24 CFR 990.215, I hereby certify that the
public housing agency is in compliance with the annual income
reexamination requirements and that rents and utility allowance
calculations have been or will be adjusted in accordance with current
HUD requirements and regulations.
b. If applicable--In accordance with Sec. 213 of Title II of
Division L of the Consolidated Appropriations Act, 2024, Public Law
118-42 (approved March 9, 2024) and if subsequent acts containing the
same provisions, I hereby certify that the public housing agency has
400 or fewer units and is implementing asset management.
c. If applicable--In accordance with 24 CFR 990.255 through
990.290--Compliance of Asset Management Requirements, I hereby certify
that the public housing agency has 250 units or more and is in
compliance with asset management. I understand that in accordance with
24 CFR 990.190(f), PHAs that are not in compliance with asset
management will forfeit the asset management fee.
d. I certify that the amount of Operating Subsidy stated in this
form is an estimate based on the Operating Subsidy eligibility for the
public housing agency from the previous funding year.
e. I acknowledge that HUD obligates Operating Subsidy in the
beginning of the funding year based on an estimate of Operating Subsidy
eligibility for the public housing agency and that HUD calculates the
remaining obligations on cumulative basis based on the Operating Fund
Formula in accordance with 24 CFR 990 and data collected in the form
HUD-52723 and HUD updates eligibility throughout the funding year.
[[Page 34877]]
f. I agree that the public housing agency shall not draw down any
excess funds when the estimated eligibility exceeds any project's
actual eligibility and notify the appropriate HUD office; and that HUD
offsets, de-obligates, or require repayment of any Operating Subsidies
for any project deemed ineligible or any project overfunded based on
incorrect estimates.
g. In accordance with Section 235 of the Department of Housing and
Urban Development Appropriation Act of 2020 I hereby certify that the
PHA is in compliance with the Annual Contributions Contract as was in
effect on December 31, 2017.
h. Waste, Fraud, Abuse, and Whistleblower Protections. Any person
who becomes aware of the existence or apparent existence of fraud,
waste or abuse of any HUD award must report such incidents to both the
HUD official responsible for the award and to HUD's Office of Inspector
General (OIG). HUD OIG is available to receive allegations of fraud,
waste, and abuse related to HUD programs via its hotline number (1-800-
347-3735) and its online hotline form. You must comply with 41 U.S.C.
4712, which includes informing your employees in writing of their
rights and remedies, in the predominant native language of the
workforce. Under 41 U.S.C. 4712, employees of a government contractor,
subcontractor, grantee, and subgrantee--as well as a personal services
contractor--who make a protected disclosure about a Federal grant or
contract cannot be discharged, demoted, or otherwise discriminated
against as long as they reasonably believe the information they
disclose is evidence of:
1. Gross mismanagement of a Federal contract or grant;
2. Waste of Federal funds;
3. Abuse of authority relating to a Federal contract or grant;
4. Substantial and specific danger to public health and safety; or
5. Violations of law, rule, or regulation related to a Federal
contract or grant.
i. I agree that the public housing agency:
1. Shall not use grant funds to promote ``gender ideology,'' as
defined in Executive Order (E.O.) 14168, Defending Women from Gender
Ideology Extremism and Restoring Biological Truth to the Federal
Government;
2. Is in compliance, in all respects, with all applicable Federal
anti-discrimination laws is material to the U.S. Government's payment
decisions for purposes of section 3729(b)(4) of title 31, United States
Code;
3. Certifies that it does not operate any programs that violate any
applicable Federal anti-discrimination laws, including Title VI of the
Civil Rights Act of 1964;
4. Shall not use any grant funds to fund or promote elective
abortions, as required by E.O. 14182, Enforcing the Hyde Amendment; and
that
5. Notwithstanding anything in the NOFO or Application, this Grant
shall not be governed by Executive Orders revoked by E.O. 14154,
including E.O. 14008, or NOFO requirements implementing Executive
Orders that have been revoked. NOFO requirements implementing Executive
Orders that have been revoked.
j. I agree that the public housing agency must administer its grant
in accordance with all applicable immigration restrictions and
requirements, including the eligibility and verification requirements
that apply under title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646)
(PRWORA) and any applicable requirements that HUD, the Attorney
General, or the U.S. Citizenship and Immigration Services may establish
from time to time to comply with PRWORA, Executive Order 14218, or
other Executive Orders or immigration laws.
k. If applicable--No state or unit of general local government that
receives funding under this grant may use that funding in a manner that
by design or effect facilitates the subsidization or promotion of
illegal immigration or abets policies that seek to shield illegal
aliens from deportation.
l. Unless excepted by PRWORA, I agree that the public housing
agency must use SAVE, or an equivalent verification system approved by
the Federal government, to prevent any Federal public benefit from
being provided to an ineligible alien who entered the United States
illegally or is otherwise unlawfully present in the United States.
Respondents: Public Housing Agencies.
The estimated burden hours and the cost for the respondents are
below:
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Number of Frequency of Responses per Burden hour Annual burden Hourly cost
Information collection respondents response annum per response hours per response Annual cost
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HUD-52723............................ 6,000 1.167 1.167 0.33 2,310 $48.12 $111,157.20
HUD-52722............................ 6,000 1.167 1.167 0.42 2,940 48.12 141,472.80
HUD-52719............................ 30 1 1 1 30 48.12 1,443,60
Appeals (a).......................... 3 1 1 9 27 48.12 1,299.24
Appeals (c)--PHA..................... 10 1 1 12 120 48.12 5,774.40
Appeals (c)--Contractor. 10 1 1 55 550 100.00 55,000.00
Appeals (d).......................... 50 1 1 20 1000 48.12 48,120.00
Appeals (e)--PHA..................... 3 1 1 20 60 48.12 2,887.20
Appeals (e)--Contractor. 3 1 1 55 165 100.00 16,500.00
SF-424............................... 0 0 0 0 0 0 0
SF-LLL............................... 0 0 0 0 0 0 0
SF-425............................... 0 0 0 0 0 0 0
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Total............................ 12,109 ~1.17 ~1.17 ~0.54 7,202 ~53.27 383,654
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The estimated annualized cost to respondents is based on the latest
available (May 2024) Bureau of Labor Statistics' national hourly mean
rates for Financial Specialists (Occupation Code: 13-2000) which is
$48.12 per hour. (https://data.bls.gov/oes/#/industry/000000). Required
by 24 CFR part 990.250 (b)(1) and (2), PHAs must submit an independent
cost assessment of its developments with their appeal for (c) appeals
for specific local conditions or (e) appeals to substitute actual
project cost data (see Exhibit D). HUD estimates PHAs submit 13 appeals
annually that require the PHA to include independent cost assessment.
HUD estimates the average time to
[[Page 34878]]
conduct an independent cost assessment is 55 hours and the average
nationwide rate is $100.
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 the use of appropriate automated
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
HUD encourages interested parties to submit comments in response to
these questions.
C. Authority
Section 2 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507.
Laura Kunkel,
Acting Director, Office of Policy, Programs, and Legislative
Initiatives.
[FR Doc. 2025-13903 Filed 7-23-25; 8:45 am]
BILLING CODE 4210-67-P