96-15625. Office of Native American Programs; Redelegation of Authority for the Emergency Shelter Grants Program

[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31143-31144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15625]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


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

[Docket No. FR-4093-D-01]
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 Deputy 
Assistant Secretary for the Office of Native American Programs, 
formerly known as the Director, 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 
and administration of the Emergency Shelter Grants (``ESG'') program.

EFFECTIVE DATE: May 26, 1996.

FOR FURTHER INFORMATION CONTACT: Dominic A. Nessi, Deputy Assistant 
Secretary for Native American Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street, S.W., Room B-133, Washington, D.C. 20410, [phone]. A 
telecommunications device for the hearing-impaired is available at 
[phone]. These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: 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

[[Page 31144]]

(``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]
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