80 FR 18645 - Delegation of Authority for the Office of Public and Indian Housing

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 80, Issue 66 (April 7, 2015)

Section 7(d) of the Department of Housing and Urban Development (HUD) Act, as amended, authorizes the Secretary to delegate functions, powers and duties as the Secretary deems necessary. In this delegation of authority, the Secretary delegates authority to the Assistant Secretary, the Principal Deputy Assistant Secretary and the General Deputy Assistant Secretary for the Office of Public and Indian Housing (PIH) and authorizes the Assistant Secretary, the Principal Deputy Assistant Secretary and the General Deputy Assistant Secretary to redelegate authority for the administration of certain PIH programs. This delegation revokes and supersedes all prior delegations of authority, including the delegation published on August 4, 2011.

[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18645-18646]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07918]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5865-D-01]


Delegation of Authority for the Office of Public and Indian 
Housing

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of delegation of authority.

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SUMMARY: Section 7(d) of the Department of Housing and Urban 
Development (HUD) Act, as amended, authorizes the Secretary to delegate 
functions, powers and duties as the Secretary deems necessary. In this 
delegation of authority, the Secretary delegates authority to the 
Assistant Secretary, the Principal Deputy Assistant Secretary and the 
General Deputy Assistant Secretary for the Office of Public and Indian 
Housing (PIH) and authorizes the Assistant Secretary, the Principal 
Deputy Assistant Secretary and the General Deputy Assistant Secretary 
to redelegate authority for the administration of certain PIH programs. 
This delegation revokes and supersedes all prior delegations of 
authority, including the delegation published on August 4, 2011.

DATES: Effective upon date of signature.

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: Previous delegations of authority from the 
Secretary of HUD to the Assistant Secretary, and General Deputy 
Assistant Secretary for PIH, including the delegation published on 
August 4, 2011 (76 FR 47224), are hereby revoked and superseded by this 
delegation of authority.

Section A. Authority Delegated

    The Secretary hereby delegates to the Assistant Secretary, the 
Principal Deputy Assistant Secretary and the General Deputy Assistant 
Secretary for PIH the authority and responsibility to administer the 
following programs:
    1. Programs under the jurisdiction of the Secretary pursuant to the 
authority transferred from the Public Housing Administration under 
section 5(a) of the Department of Housing and Urban Development Act (42 
U.S.C. 3534) as amended;
    2. Each program of the Department 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. 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. This includes, but is not 
limited to: Programs authorized pursuant to the Native American Housing 
Assistance and Self-Determination Act of 1966 (NAHASDA) (25 U.S.C. 4101 
et seq.), as amended; the 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); the 
Indian Home Loan Guarantee Program authorized by section 184 of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a); 
the 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 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.
    Only the Assistant Secretary for Public and Indian Housing is 
delegated the authority to issue a final regulation or a Notice of 
Funding Availability (NOFA). The authority delegated herein to the 
Assistant Secretary, the Principal Deputy Assistant Secretary 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.

Section B. Authority Excepted

    Authority delegated under section A does not include the power to 
sue or be sued. Also, 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:
    1. Waivers of obligation and expenditure deadlines for capital 
funds under 42 U.S.C. 1437g(j)(2);
    2. Waivers of Moving to Work demonstration authority under Section 
204 of the Omnibus Consolidated Recessions and Appropriations Act of 
1996 (Pub. L. 104-134);
    3. Waivers of requirements for grants to Department of Hawaiian 
Homelands where compliance is impossible due to circumstances beyond 
the control of grantees under 25 U.S.C. 4222.

Section C. Authority To Redelegate

    In accordance with a written redelegation of authority, the 
Assistant Secretary, the Principal Deputy Assistant Secretary and the 
General Deputy Assistant Secretary for PIH may further redelegate 
specific authority. Redelegated authority to PIH Deputy Assistant 
Secretaries or other ranking PIH program officials does not supersede 
the authority of the Assistant Secretary as designee of the Secretary. 
The three existing redelegations of authority for PIH published on 
August 4, 2011 at 76 FR 47228, 76 FR 47229 and 76 FR 47231 remain in 
effect.

Section D. Exceptions to Authority To Further Redelegate

    The authority to redelegate does not include any power or authority 
under law specifically required of the

[[Page 18646]]

Secretary of HUD, the Assistant Secretary of PIH, the Principal Deputy 
Assistant Secretary of PIH or the General Deputy Assistant Secretary of 
PIH. Authority excepted includes:
    1. The authority to issue regulations;
    2. The authority to issue notices to clarify regulations;
    3. The authority to issue notices of funding availability (NOFAs), 
handbooks, notices and other HUD policy directives;
    4. The authority to impose remedies for substantial noncompliance 
with the requirements of NAHASDA (25 U.S.C. 4101 et seq) and/or its 
implementing regulations;
    5. The authority to declare a failure to comply with the 
regulations governing Community Development Block Grants for Indian 
Tribes and Alaska Native Villages; and
    6. The authority delegated herein to the Principal Deputy Assistant 
Secretary to waive regulations and statutes with the exception of those 
statutes listed in Section B.

Section E. Authority Superseded

    The previous delegations of authority from the Secretary for HUD to 
the Assistant Secretary for PIH are hereby revoked and superseded by 
this delegation of authority, including the previous delegation of 
authority for PIH published on August 4, 2011 (76 FR 47224).

Section F. Authority To Represent HUD

    This consolidated delegation of authority is conclusive evidence of 
the authority of the Assistant Secretary for PIH, the Principal Deputy 
Assistant Secretary and the General Deputy Assistant Secretary or those 
with redelegated authority, to represent the Secretary and to execute, 
in the name of the Secretary, any instrument or document relinquishing 
or transferring any right, title or interest of the Department in real 
or personal property. The Secretary may revoke the authority authorized 
herein, in whole or in part, at any time.

Section G. Consultation and Coordination With the General Counsel

    The General Counsel shall consult and advise the Assistant 
Secretary for PIH, the Principal Deputy Assistant Secretary and the 
General Deputy Assistant Secretary as required and when requested and 
to enter into such protocols as administratively agreed to by the 
General Counsel and the Assistant Secretary for PIH, the Principal 
Deputy Assistant Secretary or the General Deputy Assistant Secretary 
for PIH. This consolidated delegation of authority is to be exercised 
consistently with the delegation of 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: March 25, 2015.
Juli[aacute]n Castro,
Secretary of Housing and Urban Development.
[FR Doc. 2015-07918 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4210-67-P