[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21747-21750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08949]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5869-D-01]
Consolidated Delegations of Authority for the Office of Community
Planning and Development
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of delegations of authority.
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SUMMARY: This notice updates, clarifies, and consolidates delegations
of authority from the Secretary of Housing and Urban Development to the
Assistant Secretary for Community Planning and Development, the
Principal Deputy Assistant Secretary for Community Planning and
Development and the General Deputy Assistant Secretary for Community
Planning and Development.
DATES: Effective upon date of signature.
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FOR FURTHER INFORMATION CONTACT: David H. Enzel, Director, Office of
Technical Assistance and Management, Department of Housing and Urban
Development, 451 7th Street SW., Room 7228, Washington, DC 20410-7000;
telephone number 202-402-5557. (This is not a toll-free number.) For
those needing assistance, this number may be accessed through TTY by
calling the toll-free Federal Relay Service number at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: This notice updates, clarifies, and
consolidates into one notice the authority delegated by the Secretary
of Housing and Urban Development to the Assistant Secretary for
Community Planning and Development, the Principal Deputy Assistant
Secretary for Community Planning and Development and the General Deputy
Assistant Secretary for Community Planning and Development. This notice
supersedes all previous delegations to the Assistant Secretary for
Community Planning and Development, including the delegation published
on May 30, 2012. The two existing redelegations of authority published
on June 29, 2012 remain in effect.
Section A. Authority Delegated
Only the Assistant Secretary for Community Planning and Development
is delegated the authority to issue a final regulation or a Notice of
Funding Availability (NOFA). The authority delegated herein to the
Assistant Secretary for Community Planning and Development, the
Principal Deputy Assistant Secretary for Community Planning and
Development, and the General Deputy Assistant Secretary includes the
authority to waive regulations and statutes, but for the Principal
Deputy Assistant Secretary and the General Deputy Assistant Secretary
the authority to waive statutes is limited in Section B below.
Except as provided in Section B, the Secretary of HUD delegates to
the Assistant Secretary for Community Planning and Development, the
Principal Deputy Assistant Secretary for Community Planning and
Development and the General Deputy Assistant Secretary for Community
Planning and Development the authority of the Secretary with respect to
the programs and matters listed below:
1. The AIDS Housing Opportunity Act, Title VIII, Subtitle D of the
Cranston-Gonzalez National Affordable Housing Act, Pub. L. 101-625, 104
Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12901-12912); 24
CFR part 574.
2. The Base Closure Community Redevelopment and Homeless Assistance
Act of 1994, Pub. L. 103-421, 108 Stat. 4346 (codified as amended at 10
U.S.C. 2687 note); 24 CFR part 586.
3. Capacity Building for Community Development and Affordability
Housing grants, Section 4 of the HUD Demonstration Act of 1993, Pub. L.
103-120, 107 Stat. 1148 (codified as amended at 42 U.S.C. 9816 note).
4. Comprehensive Housing Affordability Strategies (CHAS), Title I
of the Cranston-Gonzalez National Affordable Housing Act, Pub. L. 101-
625, 104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12701 et
seq.); 24 CFR part 91.
5. Economic Development Initiative grants, as provide for in annual
HUD appropriations acts (e.g., the Consolidated Appropriations
Resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. (2003)).
6. Urban Empowerment Zones (EZ), as authorized under Title 26,
subtitle A, chapter 1, subchapter U of the Internal Revenue Code
(codified as amended at 26 U.S.C. 1391 et seq.); 24 CFR parts 597 and
598.
7. The HOME Investment Partnerships Act, Title II of the Cranston-
Gonzalez, National Affordable Housing Act, Pub. L. 101-625, 104 Stat.
4079 (1990) (codified as amended at 42 U.S.C. 12721 et seq.); 24 CFR
part 92.
8. The Loan Guarantee Recovery Fund under Section 4 of the Church
Arson Prevention Act of 1996, Pub. L. 104-155, 110 Stat. 1392 (codified
at 18 U.S.C. 241 note); 224 CFR part 573.
9. Neighborhood Initiatives grants specifically designed in annual
HUD appropriations acts (e.g., the Consolidated Appropriations Act
2010, Pub. L. 111-117, 123 Stat. 3034 (2009)).
10. The Homelessness Prevention and Rapid Re-Housing Program
(HPRP), as authorized under the Homelessness Prevention Fund heading of
Division A, Title XII of the American Recovery and Reinvestment Act of
2009, Pub. L. 111-5, 123 Stat. 115.
11. The Housing Trust Fund (HTF), Section 1338 of the Federal
Housing Enterprises Financial Safety and Soundness Act of 1992, added
by Section 1131 of Pub. L. 110-289, 112 Stat. 2654 (codified at 12
U.S.C. 4568); 24 CFR part 93.
12. Rural Innovation Fund grants as provided for in annual HUD
appropriations acts (e.g., the Consolidated Appropriations Act 2010,
Pub. L. 111-117, 123 Stat. 3084 (2009)).
13. The Tax Credit Assistance Program (TCAP), as authorized under
the HOME Investments Partnerships Program heading of Division A, Title
XII of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-
5, 123 Stat. 115, 220-21.
14. The Self-Help Housing Opportunity Program (SHOP) under section
11 of the Housing Opportunity Program Extension Act of 1996, Pub. L.
104-120, 110 Stat. 834 (codified at 42 U.S.C. 12805 note).
15. Technical Assistance and Capacity Building awards authorized
under any program or matter delegated under Section A (e.g., Section
107 of the Housing and Community Development Act 1987, Pub. L. 100-242,
100 Stat. 1815 (1988)); and as provided for in annual and supplemental
HUD appropriations acts (e.g., the Consolidated Appropriations Act
2010, Pub. L. 111-117, 123 Stat. 3093 (2009)).
16. Title I of the Housing and Community Development Act of 1974,
Pub. L. 93-383, 88 Stat. 633 (codified as amended at 42 U.S.C. 5301 et
seq.); 24 CFR part 570, including the following:
a. The Community Development Block Grant (CDBG) program;
b. The Section 108 loan guarantee program;
c. Economic development grants pursuant to Section 108(q);
d. Neighborhood Stabilization programs under the Housing and
Economic Recovery Act of 2008, Pub. L. 110-289, 122 Stat. 2850; Title
XII of Division A of the American Recovery and Reinvestment Act of
2009, Pub. L. 111-5, 123 Stat. 115; and Section 1497 of the Wall Street
Reform and Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat.
1376 (codified as amended at 42 U.S.C. 5301 note);
e. CDBG Disaster Recovery Grants as provided for in annual and
supplemental HUD appropriations acts; and
f. Appalachian Regional Commission grants pursuant to Section 214
of the Appalachian Regional Development Act of 1965, Pub. L. 89-4, 79
Stat. 5 (codified as amended at 40 U.S.C. 14507) and consistent with
the CDBG program authorized under Title I of the Housing and Community
Development Act of 1974, Pub. L. 93-393, 88 Stat. 633 (codified as
amended at 42 U.S.C. 5301 et seq.).
17. Title IV of the McKinney-Vento Homeless Assistance Act, Pub. L.
100-77, 101 Stat. 482 (1987) (codified as amended at 42 U.S.C. 5301 et
seq.), renamed by an Act of October 30, 2000, Pub. L. 106-400, 114
Stat. 1675 (2000), including the following:
a. The Emergency Shelter Grants/Emergency Solutions Grants program,
24 CFR 576;
b. The Supportive Housing Program, 24 CFR part 583;
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c. The Shelter Plus Care Program, 24 CFR part 582;
d. The Moderate Rehabilitation for Single Room Occupancy program 24
CFR part 882, subpart H;
e. The Continuum of Care program, 24 CFR part 578; and
f. The Rural Housing Stability Assistance program.
18. Title V of the McKinney-Vento Homeless Assistance Act, Pub. L.
100-77, 101 Stat. 482 (1987) (codified as amended at 42 U.S.C. 1411 et
seq.), renamed by an Act of October 30, 2000, Pub. L. 106-300, 114
Stat. 1675 (2000), 24 CFR part 581.
19. The Veterans Homelessness Prevention Demonstration program as
provided for in annual HUD appropriations acts (e.g., Omnibus
Appropriations Act, 2009, Pub. L. 111-8, 123 Stat. 524 (2009)).
20. Overall departmental responsibility for compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (1971) (codified as amended
at 42 U.S.C. 4601 et seq.); 49 CFR part 24. (For departmental programs,
only the Assistant Secretary for Community Planning and Development is
delegated the authority to exercise the federal waiver authority
provided under 49 CFR 24.7).
21. Overall departmental responsibility for compliance with the
National Environmental Policy Act of 1969, Pub. L. 91-190, 83 Stat. 852
(1970) (codified as amended at 42 U.S.C. 4321-4347), and the related
laws and authorities cited in 24 CFR 50.4, including (with regard to
the Assistant Secretary for Community Planning and Development) the
authority to issue and to waive, or approve exceptions or establish
criteria for exceptions from provisions of 24 CFR parts 50, 51, 55, and
58.
22. Certain Office of Community Planning and Development Programs
that are no longer authorized for funding (or future funding is not
anticipated), but whose administration must continue until all
departmental responsibilities are discharged and finally terminated.
These programs include the following:
a. The Slum Clearance and Urban Renewal program under Title I of
the Housing Act of 1949, Pub. L. 81-171, 63 Stat. 413 and any program
which is superseded by, or inactive by reason of Title I of the Housing
and Community Development Act of 1974, Pub. L. 93-383, 88 Stat. 633
(codified as amended at 42 U.S.C. 5316);
b. Area-wide grants, inequities grants, disaster grants and the
authority to concur in final approval actions regarding innovative
grants under Section 107 of Title I of the Housing and Community
Development Act of 1974, Pub. L. 93-383, 88 Stat. 633 (repealed 1981);
c. Urban Development Action grants under Title I of the Housing and
Community Development Act of 1974, Pub. L. 93-383, 88 Stat. 633.
(codified as amended at 42 U.S.C. 5318);
d. The Rental Rehabilitation Program, United States Housing Act of
1937, Sec. 17, Pub. L. 98-181, 97 Stat. 1196;
e. The Section 312 Rehabilitation Loan Program, Housing Act of
1964, Sec. 312 Pub. L. 88-560, 78 Stat. 769 (codified at 42 U.S.C.
1452(b)); 24 CFR part 510;
f. The Urban Homesteading Program, Housing and Community
Development Act of 1974 Sec. 810, Pub. L. 93-383, 88 Stat. 633
(repealed 1990);
g. Enterprise Zone Program under Title VII of the Housing and
Community Development Act of 1987, Pub. L. 100-242, 100 Stat. 1815
(1988) (codified as amended at 42 U.S.C. 11501 et seq.);
h. Grant for Urban Empowerment Zones (EZ) as provided for in annual
HUD appropriations acts (e.g., Consolidated Appropriations resolution,
Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11 (2003));
i. HUD's Homeownership Zone initiative (HOZ) grants as provided for
in Section 205 of the Department of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1997,
Pub. L. 104-204, 110 Stat. 2874 (1996) and funded with recaptured
Nehemiah grants authorized under Title VI of the Housing and Community
Development Act of 1987, Pub. L. 100-242, 101 Stat. 1815 (1988)
(codified at 12 U.S.C. 1715l note);
j. The Innovative Homeless Initiatives Demonstration program under
the HUD Demonstration Act of 1993, Pub. L. 103-120, 107 Stat. 1144;
k. The HOPE for Homeownership of Single-family Housing (HOPE 3)
program, Title IV, Subtitle C of the Cranston-Gonzalez National
Affordable Housing Act, Pub. L. 101-625, 104 Stat. 4079 (1990)
(codified at 42 U.S.C. 12891);
l. New Communities Program, Section 413 of the Housing and Urban
Development Act of 1968, Pub. L. 90-448, 82 Stat. 476 (repealed 1983),
Section 726 of the Housing and Urban -Rural Recovery Act of 1983, Pub.
L. 91-609 (repealed 1983), 84 Stat. 1784, Section 474 of the Housing
and Urban-Rural Act of 1983, Public Law 98-181, 97 Stat. 1237 (codified
at 12 U.S.C. 1710g-5b), and any other functions, powers, and duties
that may affect the liquidation of the New Communities program;
m. Rural Housing and Economic Development grants specifically
designed originally in the Fiscal Year 1998 HUD Appropriations Act,
Pub. L. 105-65, 111 Stat. 1344 and subsequent annual HUD appropriations
acts;
n. Renewal Communities (RC), as authorized under Title 26, subtitle
A, chapter 1, subchapter X of the Internal Revenue Code (codified as
amended at 26 U.S.C. 1400E et seq.); 24 CFR part 599;
o. Youthbuild Program, Title IV, Subtitle D of the Cranston-
Gonzalez National Affordable Housing Act, Pub. L. 101-625, 104 Stat.
4079 (1990) (repealed 2006); 24 CFR part 585; and Youthbuild Transfer
Act (TA) as authorized under Title IV of the Cranston-Gonzalez National
Affordable Housing Act, as amended by the Housing and Community
Development Act of 1992, Pub. L. 102-550, 106 Stat. 3723 (1992)
(repealed 2006); and
p. All programs consolidated in the Revolving Fund (Liquidating
Programs) established pursuant to Title II of the Independent Offices
Appropriations Act, Pub. L. 98-45, 97 Stat. 223 (1983) (codified as
amended at 12 U.S.C. 1701g-5), including all authority of the Secretary
with respect to functions, administration, and management of the
Revolving Fund (Liquidating Programs).
23. Suspensions, and/or limited denial of participations under 2
CFR part 2424 with the concurrence of the General Counsel, or such
other official as may be designed by the General Counsel.
Section B. Authority Excepted
There is excepted from the authority delegated under Section A:
1. The power to sue and be sued;
2. Under Title I of the Housing and Community Development Act of
1974, Pub. L. 93-383, 88 Stat. 633 (codified as amended at 42 U.S.C.
5301 et seq.):
a. The power to administer the Indian Community Development Block
Grant program, for which the authority has been delegated to the
Assistant Secretary for Public and Indian Housing;
b. The power to administer section 107 programs delegated to the
Assistant Secretary for Policy Development and Research;
c. The power to issue obligations for purchase by the Secretary of
the Treasury under section 108(g) of the Housing and Community
Development Act (42 U.S.C. 5308); and
d. The power and authority of the Secretary with respect to
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nondiscrimination under section 109 may be exercised only with the
advice of the Assistant Secretary for Fair Housing Equal Opportunity.
3. Under the HOME Investment Partnerships Act, Title II of the
Cranston-Gonzalez National Affordable Housing Act, Public Law 101-625,
104 Stat. 4079 (1990) (codified as amended at 42 U.S.C. 12721 et seq.),
the power to administer grants to Indian tribes, for which the
authority has been delegated to the Assistant Secretary for Public and
Indian Housing.
4. For programs noted in Section A.22 of this delegation that are
no longer authorized for funding;
a. The power to establish interest rates; and
b. The power to issue notes or obligations for purchase by the
Secretary of the Treasury.
5. The authority delegated under Section A to the Principal Deputy
Assistant Secretary and General Deputy Assistant Secretary does not
include the authority to waive the following statutes:
a. The authority under annual and supplemental HUD appropriations
acts providing Community Development Block Grant funding for disaster
recovery (e.g., Pub.121212 L. 113-2) to waive, or specify alternative
requirements for, statutory requirements;
b. The authority under section 215(a)(6) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12745) to waive qualifying
rents; and
c. The authority under section 858(b) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12906) to waive requirements
for short-term supported housing and services.
Section C. Authority to Redelegate
The Assistant Secretary, the Principal Deputy Assistant Secretary
and the General Deputy Assistant Secretary for Community Planning and
Development are authorized to redelegate to employees of the Department
any authority delegated under Section A. Redelegated authority to
CPD Director, Assistant Secretaries or other CPD program officials
does not supersede the authority of the Assistant Secretary as designee
of the Secretary. The two existing redelegations published on June 29,
2012 at 77 FR 38851 and 77 FR 38853 remain in effect.
Section D. Delegations Superseded
This notice supersedes all prior delegations of authority from the
Secretary to the Assistant Secretary for Community Planning and
Development, including the delegation published on May 30, 2012 at 77
FR 31972.
Authority: Section 7(d) of the Department of Housing and Urban
Development Act, 42 U.S.C. 3535(d).
Dated: April 13, 2015.
Juli[aacute]n Castro,
Secretary of Housing and Urban Development.
[FR Doc. 2015-08949 Filed 4-17-15; 8:45 am]
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