[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11323]
[[Page Unknown]]
[Federal Register: May 11, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Native American Programs
[Docket No. D-94-1063; FR-3708-D-01]
Redelegation of Authority for Indian Programs
AGENCY: Office of Public and Indian Housing, HUD.
ACTION: Notice of redelegation of authority.
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SUMMARY: In this notice of redelegation of authority, the Director of
the Office of Native American Programs is redelegating to Field Office
of Native American Programs (FONAP) Administrators all power and
authority, subject to certain specified exceptions, within their
respective jurisdictions for: The management, development and
acquisition of public housing for Indian families, including the
modernization of existing public housing projects for Indian families;
the development and acquisition of public housing under the Mutual Help
Homeownership Opportunity Program; the HOME Investment Partnerships
Program; and the Indian Community Development Block Grant (CDBG)
Program.
EFFECTIVE DATE: April 15, 1994.
FOR FURTHER INFORMATION CONTACT:
Dominic A. Nessi, Director, Office of Native American Programs, Office
of Public and Indian Housing, Department of Housing and Urban
Development, room 4140, 451 7th Street, SW., telephone (202) 708-1015.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register on March 1, 1994, at 59 FR 9764, the Assistant Secretary for
Public and Indian Housing redelegated all power and authority
previously redelegated to HUD Regional Administrators with respect to
Indian and Alaska Native programs, as well as any further redelegation
of that authority, to the Director, the Deputy Director for
Headquarters Operation, and the Deputy Director for Field Operations,
Office of Native American Programs, subject to certain exceptions. In
this notice, the Director of the Office of Native American Programs is
redelegating to Field Office of Native American Programs (FONAP)
Administrators all power and authority, subject to certain specified
exceptions, within their respective jurisdictions for: The management,
development and acquisition of public housing for Indian families,
including the modernization of existing public housing projects for
Indian families, pursuant to the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.); the development and acquisition of public housing
under the Mutual Help Homeownership Opportunity Program under section
202 of the United States Housing Act of 1937 (42 U.S.C. 1437bb); the
HOME Investment Partnerships (HOME) Program for Indian tribes under
Title II of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12701 et seq.); and the Indian Community Development Block Grant
(CDBG) Program under Title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301).
Accordingly, the Director of the Office of Native American Programs
redelegates as follows:
Section A. Authority Redelegated
Each Field Office of Native American Programs (FONAP) Administrator
is authorized by the Director of the Office of Native American Programs
to exercise all power and authority, within their respective
jurisdictions, required to administer the following programs, for
Indian families:
(1) The management, development and acquisition of public housing
for Indian families, including the modernization of existing public
housing projects for Indian families, pursuant to the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.);
(2) The development and acquisition of housing under the Mutual
Help Homeownership Opportunity Program under Title II of the United
States Housing Act of 1937 (42 U.S.C. 1437bb);
(3) The HOME Investment Partnerships (HOME) Program for Indian
tribes under Title II of the Cranston Gonzalez National Affordable
Housing Act (42 U.S.C. 12701 et seq.); and
(4) The Indian Community Development Block Grant (CDBG) Program
under Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301).
Section B. Authority Excepted
The authority delegated under section A does not include the power
to sue and be sued or to issue or waiver rules and statutes.
(1) With respect to section A, paragraphs (1) and (2) above, the
authority redelegated does not include the authority to:
(a) Assign operating funds to the FONAPs for subassignment to the
Indian housing Authorities (IHAs);
(b) Allocate or reallocate funds pursuant to section 213 of the
Housing and Community Development Act of 1974;
(c) Issue a notice of default under Article V, Low-rent Housing
Annual Contributions Contract (ACC) or Article XIII, Mutual Help
Housing ACC; and
(d) Respond to an appeal by an IHA regarding a determination of
high risk in a case which involves actions related to a determination
of ineligibility for funding.
(2) With respect to section A, paragraph (3) above, the authority
redelegated does not include the authority to:
(a) effect remedies for noncompliance requiring notice and an
opportunity for an administrative hearing;
(b) Provide for distribution of amounts under section 217(a)(2) of
the National Affordable Housing Act (42 U.S.C. 12747(a)(2));
(c) Make determinations of the eligibility of Indian Tribes and
Alaska Native Villages to participate in the HOME for Indians Program
except that those officials designated in Section A may make those
determinations of eligibility that can be made from lists provided to
them each fiscal year by the Assistant Secretary for Public and Indian
Housing; and
(d) Determine that an applicant lacks the legal capacity to assume
or carry out environmental review responsibilities pursuant to section
288 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12838).
(3) With respect to section A, paragraph (4) above, 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 pursuant to section
104(g) of the Housing and community development Act of 1974 (42 U.S.C.
5304); and
(d) Make determinations of the eligibility of Indian Tribes and
Alaska Native Villages (as defined in 24 CFR 571.3(o)) to participate
in the Indian CDBG Program except that those officials designated in
section A may make those determinations of eligibility that can be made
from lists provided to them each fiscal year by the Assistant Secretary
for Public and Indian Housing.
Section C. Authority To Redelegate
FONAP Administrators may redelegate the power and authority
redelegated herein under section A.
Authority: the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.); HOME Investment Partnerships Act (42 U.S.C. 12701 et
seq.); Title I, Housing and Community Development Act of 1974 (42
U.S.C. 5301); and section 7(d), Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
Dated, April 8, 1994.
Elaine M. Dudley,
Deputy Director for Headquarters Operations, ONAP.
[FR Doc. 94-11323 Filed 5-10-94; 8:45 am]
BILLING CODE 4210-33-M
