51842 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 

through the use of appropriate 

automated collection techniques or 

other forms of information technology; 

e.g., permitting electronic submission of 

responses. 

This Notice also lists the following 

information: 

Title of Proposal: Section 8 

Management Assessment Program 

(SEMAP). 

OMB Approval Number: 2577–0215. 

Form Numbers: HUD–42648. 

Description of the Need for the 

Information and its Proposed Use: HUD 

will use public housing agency annual 

SEMAP certificates to rate and assess 

PHA management capabilities and 

deficiencies in key program areas. PHAs 

designated as troubled must implement 

plans for improvements. 

Members of the Affected Public: 

Respondents: State, Local, or Tribal 

Governments. 

Frequency of Submission: Annually. 

Number of 

respondents × Frequency of response × Hours per response = Burden hours 

Reporting Burden ...................................................................... 2,565 1 13.5 34,720 

Total Estimated Burden Hours: 

34,720. 

Status: Extension of a currently 

approved collection. 

Authority: Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 35, as 

amended. 

Dated: August 24, 2006. 

Merrie Nichols-Dixon, 

Acting Deputy Assistant Secretary, Policy, 

Program and Legislative Initiatives. 

[FR Doc. 06–7361 Filed 8–30–06; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4883–N–03] 

HUD Multifamily Rental Project and 

Health Care Facility Closing 

Documents; Status on Finalizing 

Closing Documents and 

Announcement of Meeting 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice; announcement of 

meeting. 

SUMMARY: This notice responds to recent 

inquiries to the Department about the 

status of HUD’s update of a 

comprehensive set of closing forms and 

documents for use in the Federal 

Housing Administration (FHA) 

multifamily rental project and health 

care facility (excluding hospitals) 

mortgage insurance programs. On 

August 2, 2004, HUD issued for review 

and public comment 36 proposed 

revised closing forms. The public 

comment period closed on October 1, 

2004, and HUD received submissions 

from 25 commenters. This notice 

advises the housing industry and 

interested members of the public that 

these documents remain in 

development and are not ready for 

issuance. 

Although the closing documents 

remain in development, HUD 

understands the interest and concern of 

industry and other interested members 

of the public regarding the timetable for 

release of these documents in final form 

by HUD and the effective date of such 

forms. To address the interest and 

concerns regarding the status of 

development, this notice describes 

policy decisions that have been made on 

the closing documents, and the 

processes, which these documents must 

still undergo before final issuance. In 

addition to this notice, HUD will 

conduct a meeting, on Thursday, 

September 21, 2006, at HUD 

Headquarters, to address questions 

about the decisions that have been made 

and the processes that these documents 

must undergo before final issuance. 

HUD is inviting to this meeting, the 25 

commenters, and, subject to room 

capacity limitations, other interested 

members of the public. HUD also will 

make phone lines available to expand 

the capacity of the members of the 

public that may participate in this 

meeting. 

The purpose of this meeting is not for 

the purpose of reopening the public 

comment period on the closing 

documents. HUD will not accept new 

comments at the meeting, either orally 

or in writing, nor will HUD engage in a 

discussion of issues still under 

consideration. The purpose of the 

meeting is solely to brief the 

commenters and interested members of 

the public on the status of development 

of the revised closing forms. HUD 

believes that a briefing on the process of 

development of the forms will assist all 

interested parties in understanding the 

stages of review these forms must 

undergo prior to issuance. HUD intends 

to finalize and then implement the 

revised closing forms in calendar year 

2007. 

DATES: HUD will conduct the Closing 

Documents meeting on September 21, 

2006. 

ADDRESSES: The Closing Documents 

meeting will be held at 2 p.m. (Eastern 

time) on September 21, 2006, at HUD 

Headquarters for which the address is 

the Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC. 

Members of the public who are 

interested in attending this meeting in 

person or participating by phone should 

submit a request to HUD at the 

following e-mail address: 

FHAClosingDocsMeeting@hud.gov. 

HUD will strive to honor requests on 

a first-come first-serve basis. However, 

HUD is also interested in ensuring that 

participation in this meeting, whether in 

person or by phone, reflects fair 

representation of the various sectors of 

the industry that will be affected by 

these closing documents. HUD therefore 

asks that parties submitting requests to 

participate in this meeting identify the 

basis for their interest in these closing 

documents. 

Those who are confirmed to 

participate in this meeting, either in 

person or by phone, will receive 

additional information from HUD on 

how to participate in the meeting. 

Visitors attending the meeting will need 

to adhere to the security procedures of 

the HUD building. 

FOR FURTHER INFORMATION CONTACT: 

Charles H. (‘‘Hank’’) Williams, Office of 

Housing, Deputy Assistant Secretary for 

Multifamily Housing Programs, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 6106, Washington, DC 20410–

0500; telephone (202) 708–2495 (this is 

not a toll-free number); John J. Daly, 

Associate General Counsel for Insured 

Housing, Office of the General Counsel, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 9226, Washington, DC 20410–

0500; telephone (202) 708–1274 (this is 

not a toll-free number). Persons with 

hearing or speech disabilities may 

access this number through TTY by 

calling the toll-free Federal Information 

Relay Service at (800) 877–8339. 

To Request Participation in the 

Meeting: A request to participate in the 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 51843 

meeting must be submitted to the 

following e-mail address: 

FHAClosingDocsMeeting@hud.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 2, 2004, HUD published in 

the Federal Register (69 FR 42614) a 

notice that advised that, consistent with 

the Paperwork Reduction Act of 1995, 

HUD was publishing for public 

comment a comprehensive set of revised 

closing forms and documents for use in 

the FHA multifamily rental project and 

health care facility (excluding hospitals) 

programs. In addition to meeting the 

requirements of the Paperwork 

Reduction Act, HUD advised that it was 

seeking public comment for the purpose 

of receiving input from the lending 

industry and other interested parties in 

HUD’s development and adoption of a 

set of instruments that offer the requisite 

protection to all parties in these FHAinsured mortgage programs while also 

being consistent with modern real estate 

practice and mortgage lending laws and 

procedures. The August 2, 2004, notice 

advised that HUD’s closing forms were 

significantly outdated and needed a 

thorough review and update to reflect 

current HUD policies as well as current 

practices in real estate and mortgage 

financing transactions. 

The August 2, 2004, notice followed 

an earlier informal solicitation of public 

comment on proposed revisions to the 

closing documents that were posted on 

HUD’s Web site in March 2000. In 

response to the many comments 

received from the 2000 solicitation of 

public comment, significant revisions 

were made to the proposed closing 

documents and these revised documents 

were published in the Federal Register 

on August 2, 2004, for review and 

public comment. 

Recent inquiries to HUD have asked 

whether issuance of these closing 

documents in final form is imminent, 

whether the revised documents will be 

required to be utilized upon 30 days 

following issuance in final form, and if 

so, that there would be sufficient time 

for industry to prepare for using the new 

closing documents. 

Status of Update of Closing Documents 

In response to the August 2, 2004, 

notice, HUD received 25 timely public 

comments. Although that is not a high 

number of public comments, the 

comments were very lengthy and 

detailed, and presented many 

individual comments and issues for 

HUD to consider in its revision of the 

closing documents, which had not been 

significantly revised in approximately 

20 years. Several commenters offered 

their own edited versions of the closing 

documents with alternative language for 

HUD to consider. Additionally, changes 

suggested by commenters for certain 

documents would require changes to be 

made to other documents, and therefore 

a careful review of several documents 

was needed at times when a change was 

recommended only to one document. 

The issuance of the closing 

documents in final form is not 

imminent. Although all comments 

submitted to HUD have been reviewed 

very carefully, the closing documents 

must still be reviewed by appropriate 

offices within HUD and then submitted 

to the Office of Management and Budget 

(OMB) for review. HUD recognizes the 

importance of these procedural 

safeguards and is committed to ensuring 

that the industry has sufficient time to 

make the transition to the new closing 

documents once they are issued in final. 

In response to public comments on 

the proposed documents, the policy 

decisions that have been made include: 

1. Health Care Facility (e.g., nursing 

homes) documents will be published 

again for public comment (e.g., on 

issues such as treatment of accounts 

receivable financing) as proposed 

documents; 

2. Revised documents other than 

health care facilities (e.g., rental 

projects) will be published as final 

documents without further comment; 

3. All revised documents will be 

updated periodically (e.g., very three (3) 

years to coincide with renewal of OMB 

numbers under the Paperwork 

Reductions Act); 

4. Updates to revised documents, 

which are needed more frequently than 

periodic updates, will be made on a 

case-by-case basis; 

5. Recourse liability for Key 

Principals will not be a HUD 

requirement, as proposed in the 

documents in the August 2, 2004, 

Federal Register notice; 

6. A clear definition of ‘‘HUD 

Directives’’ will be provided; and 

7. The effective date for the revised 

documents will provide time for 

processing pending FHA mortgage 

insurance applications as well as for 

training on the revised documents. 

HUD has received requests that before 

issuing the final versions of the closing 

documents, HUD allow the industry and 

interested members of the public to 

review and comment on the documents 

a second time. Except for health care 

facility documents, HUD presently has 

no plans for a second round of 

comments (or a third round, considering 

the solicitation of comments in March 

2000). Other inquirers have asked that, 

if there were no further opportunity for 

public comment, would HUD provide a 

briefing and respond to questions on the 

revised documents before they are 

required to be used. HUD has provided 

briefings on other rules or policies of 

widespread interest or significant 

impact before proceeding to 

implementation, and believes that a 

briefing may be appropriate for these 

closing documents. 

September 21, 2006, Meeting 

In consideration of the widespread 

interest about the revised closing 

documents as well as substantial 

concern about the changes that HUD 

may make in the final documents, HUD 

has decided it will hold a briefing on 

the status of revisions to the closing 

documents, primarily to outline the 

procedural steps remaining in the 

development process. HUD has given 

serious consideration to the many 

comments received on the proposed 

revised documents issued in August 

2004. As an expression of its 

appreciation to all those who took the 

time to submit careful and thoughtful 

comments, HUD invites the 25 

commenters to the September 21, 2006, 

meeting. The names of the commenters 

are attached as an appendix to this 

notice. 

HUD reiterates that the purpose of 

this meeting is not to solicit or accept 

new and/or additional public comments 

of the closing documents, generally, or 

the specific policy decisions listed 

above. 

HUD is conscientious in its effort to 

keep the industry apprised of its 

progress and included in it deliberative 

process. In addition to the invitation to 

the commenters to attend the meeting 

on the closing documents, the meeting 

will be open to interested members of 

the public as described in the 

ADDRESSES section of this notice above. 

The names of all participants in the 

September 21, 2006, meeting will be 

posted to the HUD Web site, following 

the meeting, and HUD also will post a 

summary of this meeting. 

Dated: August 24, 2006. 

Brian D. Montgomery, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

Appendix—List of Commenters 

1. Hirschler Fleischer, PC, Richmond, VA. 

2. Fenigstein & Kaufman, PC, Los Angeles, 

CA. 

3. Capital Funding Group, Inc., Baltimore, 

MD. 

4. Berkshire Mortgage Finance, Bethesda, 

MD. 

5. CW Capital, Needham, MA. 


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6. Alan D. Ross, Law Corporation, Encino, 

CA. 

7. Kantor, Taylor, McCarthy, PC, Seattle, 

WA. 

8. CNA Surety, Sioux Falls, SD. 

9. PNC Multifamily Capital, San Francisco, 

CA. 

10. National Association of Home Builders, 

Washington, DC. 

11. Vorys, Sater, Seymour and Pease, LLP, 

Cincinnati, OH. 

12. National Leased Housing Association, 

Washington, DC. 

13. The Surety Association of America, 

Washington, DC. 

14. Goulston & Storrs, Counsellors at Law, 

Washington, DC. 

15. Nixon Peabody LLP, Washington, DC. 

16. Coan & Lyons, Washington, DC. 

17. AGM Financial Services, Inc., 

Baltimore, MD. 

18. Boston Capital, Boston, MA. 

19. Highland Mortgage Company, Raleigh, 

NC. 

20. Guardian Management, Portland, OR. 

21. American Arbitration Association, New 

York, NY. 

22. P/R Mortgage & Investment Corp., 

Carmel, IN. 

23. Committee on Healthcare Financing, 

Washington, DC. 

24. Mortgage Bankers Association, 

Washington, DC. 

25. M&T Realty Capital Corporation, 

Baltimore, MD. 

[FR Doc. 06–7267 Filed 8–30–06; 8:45 am] 

BILLING CODE 4210–67–M 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Liquor Control Ordinance of the 

Pawnee Nation of Oklahoma 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Liquor Control Ordinance of the Pawnee 

Nation of Oklahoma (Tribe). The 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Pawnee Nation of 

Oklahoma including all land within the 

definition of ‘‘Indian country’’ as 

established and described by Federal 

law under the jurisdiction of the Tribe. 

This Ordinance allows for possession 

and sale of alcoholic beverages within 

the Pawnee Nation, and increases the 

ability of the tribal government to 

control the Tribe’s liquor distribution 

and possession. At the same time it will 

provide an important source of revenue 

for the continued operation and 

strengthening of the tribal government 

and the delivery of tribal services. 

DATES: Effective Date: This Ordinance is 

effective on August 31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Terry Bruner, Deputy Regional Director, 

Southern Plains Regional Office, Bureau 

of Indian Affairs, WCD Office Complex, 

P.O. Box 368, Anadarko, OK 73005; 

Telephone (405) 247–1668; Fax: (405) 

247–5611 or 247–9240; or Ralph 

Gonzales, Office of Tribal Services, 1849 

C Street, NW., Mail Stop 4513–MIB, 

Washington, DC 20240; Telephone: 

(202) 513–7629. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Pawnee Business Committee of the 

Pawnee Nation of Oklahoma (Business 

Committee) adopted its Liquor 

Ordinance by Resolution No. 02–01 on 

January 11, 2002. This is the first Liquor 

Ordinance passed by the Tribe. The 

purpose of this Ordinance is to govern 

the sale, possession and distribution of 

alcohol within tribal lands of the Tribe. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Principal Deputy Assistant Secretary—

Indian Affairs. I certify that this Liquor 

Ordinance of the Pawnee Nation of 

Oklahoma was duly adopted by the 

Business Committee on January 11, 

2002. 

Dated: August 23, 2006. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

The Pawnee Nation of Oklahoma 

Liquor Ordinance reads as follows: 

Pawnee Nation of Oklahoma Liquor 

Control Providing for the Regulation of 

Beer and Alcohol in the Indian Country 

of the Pawnee Nation of Oklahoma 

Article I. Declaration of Public Policy 

and Purpose 

Pursuant to Article IV, Section 1 of 

the Constitution of the Pawnee Nation 

of Oklahoma, the Pawnee Business 

Council is the supreme governing body 

of the Pawnee Nation of Oklahoma. 

Pursuant to Article IV, Section 2 of 

the Constitution of the Pawnee Nation 

of Oklahoma, the Pawnee Business 

Council shall exercise all the inherent, 

statutory, and treaty powers of the 

Pawnee Nation of Oklahoma by the 

enactment of legislation, the transaction 

of business, and by otherwise speaking 

or acting on behalf of the Pawnee Nation 

of Oklahoma on all matters which the 

Pawnee Nation of Oklahoma is 

empowered to act. 

This document shall be known as the 

Pawnee Nation of Oklahoma Liquor 

Control Act. These laws are enacted to 

regulate the sale and distribution of 

liquor and beer products on All 

Properties under the jurisdiction of the 

Pawnee Nation of Oklahoma, and to 

generate revenue to fund needed tribal 

programs and services. 

Revenue received by the Tribe under 

this Act, from whatever source, shall be 

expended for administrative costs 

incurred in the enforcement of this Act. 

Excess funds shall be subject to 

appropriation by the Pawnee Business 

Council for essential governmental and 

social services, including the use of 

revenues to combat alcohol abuse and 

its debilitating effects among 

individuals and family members of the 

Pawnee Nation of Oklahoma. 

The Pawnee Business Council finds 

that tribal control and regulation of 

liquor is necessary to protect the health 

and welfare of tribal members, to 

address specific concerns relating to 

alcohol use in Pawnee Nation of 

Oklahoma Indian Country, and to 

achieve maximum economic benefit to 

the Tribe. 

The introduction, possession and sale 

of liquor in Pawnee Nation of Oklahoma 

Indian Country is a matter of special 

concern to the Pawnee Business 

Council. 

The Pawnee Business Council finds 

that a complete ban on liquor within 

Pawnee Nation of Oklahoma Indian 

Country is ineffective and unrealistic. 

However, it recognizes the need for 

strict regulation and control over liquor 

transactions within Pawnee Nation of 

Oklahoma Indian Country because of 

the many potential problems associated 

with the unregulated or inadequately 

regulated sale, possession, distribution 

and consumption of liquor. 

Federal law forbids the introduction, 

possession, and sale of liquor in Indian 

Country except when the same is in 

conformity both with the laws of the 

State and the Pawnee Nation of 

Oklahoma, 18 U.S.C. 1161. As such, 

compliance with this Act shall be in 

addition to, and not substitute for, 

compliance with the laws of the State of 

Oklahoma. 

It is in the best interests of the Pawnee 

Nation of Oklahoma to enact a tribal Act 

governing liquor sales in Pawnee Nation 

of Oklahoma Indian Country and which 

provides for exclusive purchase, 

distribution, and sale of liquor only on 

tribal lands within the exterior 

boundaries of Pawnee Nation of 

Oklahoma Indian Country. Further, the 

Tribe has determined that said 


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