[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47228-47229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19730]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5545-D-05]
Redelegation of Authority to Office of Native American Program
(ONAP) Area Office Administrators and 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, provides authority to the Secretary to
delegate functions, powers, and duties as the Secretary deems
necessary. By separate notice published in today's Federal Register,
the Assistant Secretary for Public and Indian Housing delegates
authority, through the General Deputy Assistant Secretary, to Deputy
Assistant Secretary for the Office of Native American Programs to
perform program administration, oversight and enforcement
responsibilities for certain of HUD's programs directed to Native
Americans, and authorizes the Deputy Assistant Secretary for the Office
of Native American Programs to redelegate such authority. In this
redelegation of authority, the Deputy Assistant Secretary for the
Office of Native American Programs (ONAP) redelegates authority for the
administration, oversight and enforcement of certain PIH programs.
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
[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: The management action plan (MAP) for Public
and Indian Housing (PIH) calls for the implementation of relevant
redelegation to field offices to implement HUD's Strategic Goal 5 to
transform the way HUD does business by delegating authority and
accountability. All prior redelegations of authority between the Deputy
Assistant Secretary for ONAP and ONAP officers, including the
redelegations published on September 9, 2003 (68 FR 53195 through
53198), are hereby revoked and superseded by this redelegation of
authority.
Section A. Authority Redelegated to Area Office Administrators and
Office Directors
Authority is hereby redelegated from the Deputy Assistant Secretary
for ONAP to ONAP Area Office Administrators, the Director of the Office
of Grants Management, and the Director of the Office of Grants
Evaluation for administration, oversight and enforcement of the
following:
1. 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;
2. Programs authorized pursuant to the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4101
et seq.), as amended;
3. 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);
4. Indian Home Loan Guarantee Program authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a);
5. Native Hawaiian Loan Guarantee Program authorized by section
184A of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13b);
6. 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. ONAP Area Office Administrators
may issue letters of warning advising grantees of performance problems
and describing corrective actions. The Office of Community Planning and
Development retains enforcement authority beyond the letter of warning
stage;
7. Authority to execute all necessary agreements relating to the
programs listed in this section, including but not limited to grant
agreements;
8. Authority of an ONAP Area Office Administrator to accept and
approve a paper application under the Indian Community Development
Block Grant (ICDBG) notice of funding availability (NOFA) as published
on grants.gov upon a showing of good cause. Separate
[[Page 47229]]
guidance on processing such waivers will be provided to the Area
Offices;
9. Authority to approve variances above the published Total
Development Costs (TDC) for Affordable Housing under NAHASDA;
10. Authority to approve model activities under NAHASDA that have
previously been determined by HUD to be designed to carry out the
purposes of NAHASDA;
11. Authority to review performance reports submitted by a Tribe or
a tribally designated entity and issue reports based on such review;
12. Authority to enter into Voluntary Compliance Agreements with
recipients under the Indian Housing Block Grant Program, Native
Hawaiian Housing Block Grant Program, or Community Development Block
Grant Program for Indian Tribes and Alaska Native Villages prior to the
issuance of a Notice of Intent to Impose Remedies; and
13. Authority to waive the applicability of the Indian Housing Plan
requirements under section 101(b)(1) of NAHASDA in whole or in part for
a period of not more than 90 days in accordance with the waiver
authority provided in section 101(b)(2) of the Act, upon a
determination that the recipient's failure to comply is due to exigent
circumstances beyond its control.
Section B. Authority Redelegated to Director of Office of Loan
Guarantee
Authority is redelegated from the Deputy Assistant Secretary for
ONAP to the Director of the Office of Loan Guarantee for
administration, oversight and enforcement of the following:
1. Indian Home Loan Guarantee Program authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a);
2. 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
3. Title VI of NAHASDA (25 U.S.C. 4191-4195).
Section C. Authority Excepted
This 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. Authority excepted includes the authority to:
1. Issue or waive regulations. ONAP Area Office Administrators may
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. Impose remedies for substantial noncompliance with the
requirements of the NAHASDA (25 U.S.C. 4101 et seq.) and/or its
implementing regulations; and
5. Declare a failure to comply with the regulations of the
Community Development Block Grants for Indian Tribes and Alaska Native
Villages.
Section D. Exceptions to Authority of Deputy Assistant Secretary for
ONAP To Redelegate
Some authority may not be redelegated from the Deputy Assistant
Secretary for ONAP to an ONAP Area Office Administrator or other
ranking program official. The power and authority to take the following
actions is not redelegated to an ONAP Area Office Administrator or
other ranking program official and remains with the Deputy Assistant
Secretary for ONAP:
1. Offer new legislative proposals to Congress;
2. Allocate or reallocate funding among area offices;
3. Approve grant extensions or grant requirements, unless
specifically or otherwise noted; and
4. Issue a Notice of Intent to Impose Remedies under the Indian
Housing Block Grant Program, Native Hawaiian Housing Block Grant
Program, or Community Development Block Grant Program for Indian Tribes
and Alaska Native Villages.
Section E. Authority To Further Redelegate
In accordance with a written redelegation of authority, ONAP Area
Office Administrators or other ranking program officials may further
redelegate specific authority. Other redelegated authority does not
supersede the authority of a Deputy Assistant Secretary as designee of
the Assistant Secretary for PIH.
Section F. Authority Superseded
All prior redelegations of authority between the Deputy Assistant
Secretary for ONAP and ONAP officers are hereby revoked and superseded
by this redelegation of authority, including the redelegations
published on September 9, 2003 (68 FR 53195 through 53198).
Section G. Actions Ratified
Actions, including limited denials of participation (LDP), but not
including actions that violate NAHASDA or federal regulations,
previously taken by ONAP Area Office Administrators or other ranking
program officials through the effective date of this redelegation with
respect to programs and matters listed in this redelegation of
authority, are hereby ratified.
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 Secretary for Native American Programs, Area Office
Administrators and Officer 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.
Rodger J. Boyd,
Deputy Assistant Secretary, Office of Native American Programs.
[FR Doc. 2011-19730 Filed 8-3-11; 8:45 am]
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