Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Notices 62073

mortgages including any HUD or 

Secretary-held subordinate debt 

encumbering or otherwise related to a 

project; and to issue restructuring 

commitments and closing documents 

relating to such debt.

(4) To issue HUD forms 92264 and 

92264A upon approval of a 

restructuring plan. 

(5) In connection with a restructuring 

transaction, to approve transfers of 

physical assets. 

(6) In connection with a restructuring 

transaction, to approve environmental 

assessment and compliance findings for 

related laws report, HUD form 4128.1. 

(7) To issue a commitment to insure 

and endorse for insurance a mortgage 

note given to refinance a HUD-insured 

or HUD-held mortgage, pursuant to 

section 223(a)(7) of the National 

Housing Act (12 U.S.C. 1715n). 

(8) For qualified nonprofits acquiring 

projects that are the subject of a 

restructuring transaction, to modify, 

assign or forgive debt created in the 

restructuring. 

D. The Assistant Secretary for 

Housing redelegates to the 

Rehabilitation Escrow Administration 

Manager, the following authority: 

(1) To modify and sign any 

documents necessary to perform 

enumerated functions related to the 

rehabilitation needs of a project that was 

the subject of a restructuring 

transaction, and to waive any directive 

issued by OAHP that is not mandated by 

a statute or regulation. 

(2) To administer escrow accounts 

and modify the agreement established 

under the restructuring transaction, for 

the purpose of addressing immediate 

and near term rehabilitation needs of a 

project. 

E. The Assistant Secretary for Housing 

redelegates to the Bonds and Appeals 

Manager, the following authority: 

(1) To modify and sign any 

documents necessary to perform 

enumerated functions related to appeals 

under MAHRA and/or the regulations 

promulgated under MAHRA. 

(2) To reject or hear and decide any 

appeal under MAHRA and/or the 

regulations promulgated under MAHRA 

except for 24 CFR 401.645 

II. Authority Excepted 

The authority redelegated herein does 

not include the authority to issue or to 

waive HUD regulations. The authority 

redelegated herein also does not include 

the authority to sue or be sued. 

III. Further Redelegation 

The authority redelegated herein may 

not be further redelegated.

Authority: Section 7(d), Department of 

Housing and Urban Development Act (42 

U.S.C. 3535(d)).

Dated: October 7, 2004. 

John C. Weicher, 

Assistant Secretary for Housing—Federal 

Housing Commissioner.

[FR Doc. 04–23698 Filed 10–21–04; 8:45 am] 

BILLING CODE 4210–27–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

Notice of Availability of a Draft 

Environmental Assessment/Habitat 

Conservation Plan and Receipt of a 

Permit Application (Family Crisis 

Center) for Incidental Take of the 

Houston Toad

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of availability.

SUMMARY: The Family Crisis Center 

(Applicant) has applied for an 

incidental take permit (TE–094076–0) 

pursuant to section 10(a) of the 

Endangered Species Act (Act). The 

requested permit would authorize 

incidental take of the endangered 

Houston toad. The proposed take would 

occur as a result of the construction and 

operation of a retail thrift store on a 

1.38-acre property located on State 

Highway 71 in the Tahitian Village 

Subdivision, Bastrop County, Texas.

DATES: To ensure consideration, written 

comments must be received on or before 

December 21, 2004.

ADDRESSES: Persons wishing to review 

the application may obtain a copy by 

writing to the Regional Director, U.S. 

Fish and Wildlife Service, P.O. Box 

1306, Room 4102, Albuquerque, New 

Mexico 87103. Persons wishing to 

review the Environmental Assessment/

Habitat Conservation Plan (EA/HCP) 

may obtain a copy by contacting Clayton 

Napier, U.S. Fish and Wildlife Service, 

10711 Burnet Road, Suite 200, Austin, 

Texas 78758 (512/490–0057). 

Documents will be available for public 

inspection by written request, by 

appointment only, during normal 

business hours (8 to 4:30) at the U.S. 

Fish and Wildlife Service Office, 

Austin, Texas. Written data or 

comments concerning the application 

and EA/HCP should be submitted to the 

Supervisor, U.S. Fish and Wildlife 

Service, Austin, Texas, at the above 

address. Please refer to permit number 

TE–094076–0 when submitting 

comments.

FOR FURTHER INFORMATION CONTACT:

Clayton Napier at U.S. Fish and Wildlife 

Service, 10711 Burnet Road, Suite 200, 

Austin, Texas 78758.

SUPPLEMENTARY INFORMATION: Section 9 

of the Act prohibits the ‘‘taking’’ of 

endangered species such as the Houston 

toad. However, the Fish and Wildlife 

Service (Service), under limited 

circumstances, may issue permits to 

take endangered wildlife species 

incidental to, and not the purpose of, 

otherwise lawful activities. Regulations 

governing permits for endangered 

species are at 50 CFR 17.22. 

The Service has prepared the EA/HCP 

for the incidental take application. A 

determination of jeopardy or nonjeopardy to the species and a decision 

pursuant to the National Environmental 

Policy Act (NEPA) will not be made 

until at least 60 days from the date of 

publication of this notice. This notice is 

provided pursuant to section 10(c) of 

the Act and NEPA regulations (40 CFR 

1506.6). 

Applicant: The Family Crisis Center 

plans to construct a retail thrift store 

within 5 years, on a 1.38-acre property 

located on State Highway 71 in the 

Tahitian Village Subdivision, Bastrop 

County, Texas. This action will 

eliminate 1.38-acres or less of Houston 

toad habitat and result in indirect 

impacts within the lot. The Applicant 

proposes to compensate for this 

incidental take of the Houston toad by 

providing $2,760.00 to the Houston 

Toad Conservation Fund at the National 

Fish and Wildlife Foundation for the 

specific purpose of land acquisition and 

management within Houston toad 

habitat. 

Pursuant to the June 10, 2004, order 

in Spirit of the Sage Council v. Norton,

Civil Action No. 98–1873 (D. D.C.), the 

Service is enjoined from approving new 

section 10(a)(1)(B) permits or related 

documents containing ‘‘No Surprises’’

assurances until such time as the 

Service adopts new permit revocation 

rules specifically applicable to section 

10(a)(1)(B) permits in compliance with 

public notice and comment 

requirements of the Administrative 

Procedure Act. This notice concerns a 

step in the review and processing of a 

section 10(a)(1)(B) permit and any 

subsequent permit issuance will be in 

accordance with the Court’s order. Until 

such time as the Service’s authority to 

issue permits with ‘‘No Surprises’’

assurances has been reinstated, the 

Service will not approve any incidental 

take permits or related documents 

containing ‘‘No Surprises’’ assurances.

Bryan Arroyo, 

Acting Regional Director, Southwest Region.

[FR Doc. 04–23619 Filed 10–21–04; 8:45 am] 

BILLING CODE 4510–55–P