Office of Native American Programs; Redelegation of Authority for the Emergency Shelter Grants Program

By statute, Indian tribes receive a set aside of 1% of funds appropriated for the ESG program for Indian and Alaskan natives under Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act, as amended, 42 U.S.C. Sec. 11371 et seq. Originally this set aside of ESG Program funds was administered by the Office of Community Planning and Development (``CPD''). On March 27, 1995, there were two notices published in the Federal Register pertaining to the ESG Program. The first notice, published at 60 FR 15783, on March 27, 1995, revoked authority to administer the ESG Program from the Assistant Secretary for CPD, and delegated the authority to administer the ESG program to the Assistant Secretary for Public and Indian Housing

(``PIH''). The second notice, published at 60 FR 15784, on March 27, 1995, redelegated from the Assistant Secretary for PIH, individually to the Director, Office of Native American Programs (currently known as the Deputy Assistant Secretary, Office of Native American Programs), to the Deputy Director of Headquarters Operations, Office of Native American Programs, and to the Deputy Director of Field Operations, Office of Native American Programs, all power and authority with respect to the ESG program for Indian tribes and Alaskan natives, with the exception of the power to sue or be sued. In this notice, the Deputy Assistant Secretary for Native American Programs, formerly known as the Director, Office of Native American Programs, is redelegating to FONAP Administrators all power and authority, subject to certain specified exceptions, within their respective jurisdictions for the administration and management of the ESG program under Subtitle B of Part IV of the Stewart B. McKinney Homeless Assistant Act, as amended, 42 U.S.C. 11371 et seq. Accordingly, the Deputy Assistant Secretary for Native American Programs redelegates as follows:

Section A. Authority Redelegated

Each Field Office of Native American Programs (FONAP) Administrator is authorized by the Deputy Assistant Secretary for Native American Programs to exercise all power and authority required to administer the ESG program, within his or her respective jurisdiction, subject to the exceptions stated in Section B, below.

Section B. Authority Excepted

With respect to Section A, the authority redelegated does not include the authority to: (a) Effect remedies for noncompliance requiring notice and an opportunity for an administrative hearing; (b) Grant waivers of the general terms and conditions of the community development block grant agreement; (c) Determine that an applicant lacks the legal capacity to assume or carry out environmental review responsibilities; and (d) Make determinations of the eligibility of Indian Tribes and Alaska Native Villages to participate in the ESG program except that those officials designated in Section A may make those determinations of eligibility that can be made form lists provided to them each fiscal year by the Assistant Secretary for Public and Indian Housing. The authority redelegated under Section A also does not include the authority to issue or waive rules and/or statutes.

Authority: Section 7(d), Department of Housing and Urban Development Act, 42 U.S.C. Sec. 3535(d).

Dated: May 26, 1996. Dominic A. Nessi, Deputy Assistant Secretary for Native American Programs. [FR Doc. 96-15625 Filed 6-18-96; 8:45 am] BILLING CODE 4210-33-M