[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47229-47231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19729]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5545-D-04]
Redelegation of Authority to Regional Public Housing Directors
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of redelegation of authority.
-----------------------------------------------------------------------
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
separate notice published in today's Federal Register, the Secretary
delegates 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 certain Public and Indian Housing
(PIH) programs, and authorizes the Assistant Secretary to further
redelegate such authority. In this Redelegation of Authority for Public
and Indian Housing (PIH), the Assistant Secretary for PIH redelegates
authority through the PIH General Deputy
[[Page 47230]]
Assistant Secretary to the Regional Public Housing Directors for the
administration of certain PIH programs. This notice also supersedes all
prior redelegations of authority to the Regional Public Housing
Directors.
DATES: Effective Date: July 15, 2011.
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, e-mail address
Linda.K.Bronsdon@hud.gov, 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: By separate notice published in today's
Federal Register, the Secretary delegates to the Assistant Secretary
for PIH and the General Deputy Assistant Secretary for PIH authority
for the administration of certain PIH programs, and authorizes the
Assistant Secretary to further redelegate such authority. In this
consolidated redelegation of authority, the Assistant Secretary for PIH
redelegates authority through the General Deputy Assistant Secretary
for PIH, to the Regional Public Housing Directors for the
administration of certain PIH programs. All previous redelegations of
authority to the Regional Public Housing Directors, including the
``Redelegation of Authority Regarding Local Public Housing Program
Center Coordinators'' (70 FR 1454, published January 7, 2005 with an
effective date of December 23, 2004), are hereby revoked and superseded
by this redelegation of authority. This consolidated redelegation of
authority implements, in part, the Department's Strategic Plan to
transform the way HUD does business.
Section A. Authority Redelegated
Authority is hereby redelegated by the Assistant Secretary, through
the Deputy Assistant Secretary for PIH, to Regional Public Housing
Directors for administration of the following:
1. Programs under the jurisdiction of the Secretary of HUD that are
carried out pursuant to the authority transferred from the Public
Housing Administration under section 5(a) of the HUD Act (42 U.S.C
3534) as amended;
2. Programs 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. Except as noted in section C, all powers and authorities of the
Deputy Assistant Secretary of the Office of Field Operations necessary
to carry out Public and Indian Housing Programs and matters.
Section B. Program Specific Functions
In addition to the general redelegations listed in section A,
specific authority is hereby redelegated to Regional Public Housing
Directors for administration of the following:
1. Annual Contributions Contract (ACCs) amendments for annual
grants under the Capital Fund program, but excluding the waiver of ACC
provisions;
2. Execution of ACC amendments or releases of Declarations of Trust
(DOTs) for Capital Fund Financing or mixed finance transactions when
requested pursuant to an approval letter by the Deputy Assistant
Secretary for the Office of Public Housing Investments.
3. Release of DOTs pursuant to a section 18 approval;
4. Coordination with the respective program office to address
specific programs including Family Self Sufficiency (FSS), Resident
Opportunities and Supportive Services (ROSS), Family Unification, HOPE
for Elderly Independence and Service Coordinators, HUD-Veterans
Administration Supportive Housing, and Moving to Opportunity and Moving
to Work;
5. Concurrent approval authority for energy performance contracts
(EPC) (EPCs may be approved in the Field Offices or in Headquarters);
6. Actions associated with the renewal of designated housing plans;
7. Execution of letters of support and correspondence with local
congressional offices for programs, projects and ventures within the
appropriate region;
8. Approval of requests by PHAs to change their fiscal year end
(FYE) dates subject to coordination with the Real Estate Assessment
Center for PHAs with public housing units and with the Financial
Management Division of the Housing Choice Vouchers program for
vouchers-only PHAs;
9. Coordination of audit responses through PIH's Audit Liaison
Officer on reports by the U.S. General Accounting Office and through
PIH's Action Official (AO) for reports by HUD's Office of Inspector
General; and
10. Approval of grant extensions under the Public Housing Family
Self-Sufficiency (PH-FSS) and Resident Opportunities Self Sufficiency
(ROSS) programs. Such grant extensions may be made at the field level
for any length of time deemed reasonable by the Public Housing Director
or designee; denials of FSS and ROSS extensions remain with the Deputy
Assistant Secretary of the Office of Public Housing Investments.
Section C. Excepted Authority That Remains With the Secretary or
Assistant Secretary
The redelegation of authority does not include any power or
authority under law that specifically requires the action of either the
Secretary of HUD, the Assistant Secretary of PIH, or the General Deputy
Assistant Secretary for PIH. Such excepted authority includes, but is
not limited to authority to:
1. Issue or waive regulations, including waivers pursuant to 24 CFR
982.161(c) which permits HUD field offices to act on waivers of
conflict of interests. Regional Public Housing Directors and Public
Housing Field Office Directors are to not exercise this authority;
2. Issue notices to clarify regulations;
3. Issue notices of funding availability (NOFAs), handbooks,
notices and other HUD policy directives;
4. Waive any provision of an ACC including a determination of
substantial breach or default; taking possession or title of property
from a PHA; and declaring breach or default in response to any
violation of statute or regulations.
Section D. Excepted Authority That Remains With Deputy Assistant
Secretaries
The redelegation of authority does not include any power or
authority under law that specifically requires the action of a PIH
Deputy Assistant Secretary. This excepted authority includes, but is
not limited to authority to:
1. Offer new legislative proposals to Congress;
2. Allocate or reallocate funding amongst field offices;
3. Approve remedies for noncompliance requiring notice and
opportunity for administrative hearing;
4. Waive provisions or instructions of PIH directives relating to
the obligation or payment of operating subsidies;
[[Page 47231]]
5. Solicit competitive proposals for the management of all or part
of public housing administered by a PHA;
6. Approve special rent adjustments;
7. Conduct tax credit and/or subsidy layering reviews;
8. Approve PHA requests for exception payment standards that exceed
120 percent of the fair market rent (FMR); and
9. Approve grant extensions, unless specifically or otherwise
noted. Approval of grant extensions under FSS and ROSS may be extended
by Public Housing Directors. Extensions may be made by Regional Public
Housing Directors for any length of time deemed reasonable; denials of
FSS and ROSS extensions remain with the Deputy Assistant Secretary of
the Office of Public Housing Investments.
Section E. Authority To Further Redelegate
The authority not excepted herein may be further redelegated, as
appropriate, by Regional Public Housing 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 F. Actions Ratified
The Deputy Assistant Secretaries hereby ratify all actions,
including limited denials of participation, but not including actions
that violate the 1937 Act, federal regulations or ACC provisions,
previously taken by Regional Public Housing Directors, PIH Hub
Directors, Deputy Directors, Program Center Coordinators, Division
Directors of Public Housing in HUD Field Offices, under prior
redelegations, including those noted below, through the effective date
of this redelegation:
1. Federal Register Docket Number 4837-D-32 ``Notice of Revocation
and Redelegation of Authority for Indian and Alaska Native Programs'',
(68 FR 53197, published September 9, 2003 with an effective date of
July 18, 2003) revoked prior redelegations to the Deputy Director for
Headquarter Operations and the Deputy for Field Operations;
2. Federal Register Docket Number 4837-D-56 ``Redelegation of
Authority Regarding Local Public Housing Program Center Coordinators'',
(70 FR 1454, published January 7, 2005 with an effective date of
December 23, 2004) redelegated approval authority from the Assistant
Secretary for PIH for renewals of designated housing plans pursuant to
section 7 of the United States Housing Act of 1937. Approval of new
designated housing plans was not redelegated.
3. Federal Register Docket Number 5076-D-13 ``Delegation of
Authority to the Deputy Assistant Secretary for the Office of Public
Housing Investments'', (71 Federal Register 70783, published December
6, 2006 with an effective date of November 28, 2006) redelegated
authority from the Assistant Secretary to Public Housing Field Office
Directors to execute amendments to the ACC associated with proposals
submitted by PHAs pursuant to section 30, which have been approved by
either the Assistant Secretary, General Deputy Assistant Secretary, or
the Deputy Assistant Secretary of OPHI.
Section G. Authority Superseded
All previous redelegations of authority to the Regional Public
Housing Directors are hereby revoked and superseded, including the
``Redelegation of Authority Regarding Local Public Housing Program
Center Coordinators'', published on January 7, 2005 (70 FR 1454).
Section H. Consultation and Coordination With the General Counsel
The General Counsel shall consult and advise the Assistant
Secretary for PIH, the General Deputy Assistant Secretary, Deputy
Assistant Secretaries, Regional Public Housing Directors and all others
covered by this redelegation, as required and when requested and shall
enter into 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: July 15, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2011-19729 Filed 8-3-11; 8:45 am]
BILLING CODE 4210-67-P