2.49—Administrator, Rural Housing Service.
(a) Delegations.
Pursuant to § 2.17(a)(14), (a)(16) through (a)(19) and (a)(22), and subject to policy guidance and directions by the Under Secretary for Rural Economic and Community Development, the following delegations are made by the Under Secretary for Rural Economic and Community Development to the Administrator, Rural Housing Service:
(1)
Administer the following under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq. ):
(i)
Section 306 (7 U.S.C. 1926) except sub section 306(a)(11) and except financing for water and waste disposal facilities; hazardous weather early warning systems; grazing facilities; irrigation and drainage facilities; rural electrification or telephone systems or facilities; and hydro-electric generating and related distribution systems and supplemental and supporting structures if they are eligible for Rural Utilities financing;
(ii)
Section 309A (7 U.S.C. 1929a ), regarding assets and programs relating to community facilities; and
(iii)
Administrative Provisions of subtitle D of the Consolidated Farm and Rural Development Act relating to Rural Housing Service activities;
(2)
Administer title V of the Housing Act of 1949 (42 U.S.C. 1471
et seq. ), except those functions pertaining to research.
(4)
Administer the rural housing disaster program under sections 232, 234, and 253 of the Disaster Relief Act of 1970 (Pub. L. No. 91-606).
(5)
Collect, service, and liquidate loans made, insured or guaranteed by the Rural Housing Service or its predecessor agencies.
(6)
Exercise all authority and discretion vested in the Secretary by section 510(d) of the Housing Act of 1949, as amended by section 1045 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, Pub. L. No. 100-628 (42 U.S.C. 1480(d) ), including the following:
(i)
Determine, with the concurrence of the General Counsel, which actions are to be referred to the Department of Justice for the conduct of litigation, and refer such actions to the Department of Justice through the General Counsel;
(ii)
Determine, with the concurrence of the General Counsel, which actions are to be referred to the General Counsel for the conduct of litigation and refer such actions; and
(iii)
Enter into contracts with private sector attorneys for the conduct of litigation, with the concurrence of the General Counsel, after determining that the attorneys will provide competent and cost effective representation for the Rural Housing Service and representation by the attorney will either accelerate the process by which a family or person eligible for assistance under section 502 of the Housing Act of 1949 will be able to purchase and occupy the housing involved, or preserve the quality of the housing involved.
(7)
Administer the Federal Claims Collection Act of 1966 (31 U.S.C. 3711
et seq. ), and joint regulations issued pursuant thereto by the Attorney General and the Comptroller General (4 CFR chapter II), with respect to claims of the Rural Housing Service.
(8)
Administer responsibilities and function assigned under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195
et seq. ), relating to rural housing and community development credit and financial assistance.
(9)
With respect to land and facilities under his or her authority, exercise the functions delegated to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“the Act”), as amended:
(i)
Sections 104 (a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), (b), and (c)(4)), with respect to removal and remedial actions in the event of release or threatened release of a hazardous substance, pollutant, or contaminant into the environment;
(ii)
Sections 104(e) -(h) of the Act (42 U.S.C. 9604(e) -(h)), with respect to information gathering and access requests and orders; compliance with Federal health and safety standards and wage and labor standards applicable to covered work; and emergency procurement powers;
(iii)
Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11) ), with respect to the reduction of exposure to significant risk to human health;
(iv)
Section 104(j) of the Act (42 U.S.C. 9604(j) ), with respect to the acquisition of real property and interests in real property required to conduct a remedial action;
(v)
The first two sentences of section 105(d) of the Act (42 U.S.C. 9605(d) ), with respect to petitions for preliminary assessment of a release or threatened release;
(vi)
Section 105(f) of the Act (42 U.S.C. 9605(f) ), with respect to consideration of the availability of qualified minority firms in awarding contracts, but excluding that portion of section 105(f) pertaining to the annual report to Congress;
(vii)
Section 109 of the Act (42 U.S.C. 9609 ), with respect to the assessment of civil penalties for violations of section 122 of the Act (42 U.S.C. 9622 ), and the granting of awards to individuals providing information;
(viii)
Section 111(f) of the Act (42 U.S.C. 9611(f) ), with respect to the designation of officials who may obligate money in the Hazardous Substances Superfund;
(ix)
Section 113(k) of the Act (42 U.S.C. 9613(k) ), with respect to establishing an administrative record upon which to base the selection of a response action and identifying and notifying potentially responsible parties;
(x)
Section 116(a) of the Act (42 U.S.C. 9616(a) ), with respect to preliminary assessment and site inspection of facilities;
(xi)
Sections 117 (a) and (c) of the Act (42 U.S.C. 9617 (a) and (c)), with respect to public participation in the preparation of any plan for remedial action and explanation of variances from the final remedial action plan for any remedial action or enforcement action, including any settlement or consent decree entered into;
(xii)
Section 119 of the Act (42 U.S.C. 9119 ), with respect to indemnifying response action contractors;
(xiv)
Section 122 of the Act (42 U.S.C. 9622 ), with respect to settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 9622(b)(1) ), related to mixed funding agreements.
(10)
With respect to facilities and activities under his or her authority, to exercise the authority of the Secretary of Agriculture pursuant to section 1-102 related to compliance with applicable pollution control standards and section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with the United States Environmental Protection Agency, or an administrative consent order or a consent judgment in an appropriate State, interstate, or local agency, containing a plan and schedule to achieve and maintain compliance with applicable pollution control standards established pursuant to the following:
(i)
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as further amended by the Hazardous and Solid Waste Amendments, and the Federal Facility Compliance Act (42 U.S.C. 6901
et seq. );
(viii)
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601
et seq. ).
(12)
Implement the information disclosure authorities of section 1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791(b)(3)(A) ).
(13)
In coordination with the Director, Office of Advocacy and Outreach, issue receipts under section 2501A(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e) ).
(b) Reservation.
The following authority is reserved to the Under Secretary for Rural Economic and Community Development: Making and issuing notes to the Secretary of the Treasury for the purposes the Rural Development Insurance Fund as authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 1929(a)) and the Rural Housing Insurance Fund as authorized by title V of the Housing Act of 1949 (41 U.S.C. 1487 ).