[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Notices]
[Pages 26651-26652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10864]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5708-D-01]
Redelegation of Authority to Regional Public Housing Directors
and Public Housing Field Office 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
Federal Register notice published August 4, 2011, the Secretary
delegated 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 HUD's Public and Indian Housing
(PIH) programs, and authorized the Assistant Secretary to further
redelegate such authority. In this notice, the Assistant Secretary
redelegates authority through the General Deputy Assistant Secretary to
the Regional Public Housing Directors and PIH Field Office Directors to
approve Section 30 mortgage or security interests in a public housing
project or other public housing agency (PHA) property, as described in
this redelegation of authority, in the approval of Energy Performance
Contracts.
[[Page 26652]]
DATES: Effective Date: May 1, 2013.
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: As described in the Summary section of this
notice, on August 4, 2011 (76 FR 47224), the Secretary delegated
authority for the administration of PIH programs to the Assistant
Secretary for PIH and the General DAS for PIH. In a separate notice
also published on August 4, 2011 (76 FR 47229), these two officials
redelegated certain aspects of their authority to Regional Public
Housing Directors. Included in the redelegated authority to the
Regional Public Housing Directors was concurrent approval authority for
energy performance contracts (EPC). In today's redelegation of
authority, the Assistant Secretary for PIH redelegates authority
through the General Deputy Assistant Secretary for PIH, to the Regional
Public Housing Directors and the PIH Field Office Directors to approve
mortgage or security interests, as provided under section 30 of the
United States Housing Act of 1937, in the approval of EPCs. To the
extent that today's notice redelegates authority to add an approval
authority for EPC reviews, this notice supersedes the August 4, 2011,
redelegation of authority.
Section A. Authority Redelegated
Authority is hereby redelegated by the Assistant Secretary, through
the General Deputy Assistant Secretary for PIH, to Regional Public
Housing Directors and Public Housing Field Office Directors for reviews
and approvals of EPCs that may include approvals of security interests
under section 30 of the United States Housing Act of 1937, (1937 Act),
as amended, (42 U.S.C. 1437z-2). The Quality Housing and Work
Responsibility Act of 1998 (QHWRA) (Pub. L. 105-276, October 21, 1998)
added section 30 to the 1937 Act. Pursuant to section 30 and subject to
HUD approval, a PHA may mortgage or grant a security interest in any
public housing project or other property of the PHA (e.g., its public
housing real property or other (personal) property (e.g., bank accounts
or energy conservation improvements) and may mortgage or otherwise
encumber such property covered by the 1937 Act that it owns.
HUD reviews EPCs under the authority of section 9(e) of the 1937
Act. If an EPC proposal also requires a section 30 approval, the
Regional Public Housing Director or Public Housing Field Office
Director shall review the section 30 request along with the EPC
proposal review. For mixed finance projects with EPCs requiring section
30 approval, the review and approval is part of the mixed finance
evidentiary process and involves Declarations of Restrictive Covenants
(DORCs). The imposition of a mortgage or security interest requires a
legal opinion from the Office of General Counsel that the mortgage or
security interest does not supersede or encumber the Declaration of
Trust or DORCs as applicable.
Section B. Excepted Authority That Remains With the Secretary,
Assistant Secretary, or Deputy Assistant Secretaries
Today's redelegation of authority does not amend Sections A, C, or
D of the August 4, 2011, redelgation of authority.
Section C. Authority to Further Redelegate
The authority redelegated by Section A of today's notice may be
further redelegated, as appropriate, by Regional Public Housing
Directors or Public Housing Field Office 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 D. Authority Superseded
To the extent that today's notice redelegates authority to add an
approval authority for EPC reviews, this notice supersedes the August
4, 2011, redelegation of authority.
Section E. Consultation and Coordination With the General Counsel
The Assistant Secretary for PIH, the General Deputy Assistant
Secretary, Deputy Assistant Secretaries, Regional Public Housing
Directors and all others covered by this redelegation shall consult
with the General Counsel, as required and, when required, such
consultation shall be in accordance with 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: May 1, 2013.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2013-10864 Filed 5-6-13; 8:45 am]
BILLING CODE 4210-67-P