14150 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 

credits should collect such information 

through existing reporting processes and 

in a manner that minimizes the burden 

on property owners. 

New section 36(b) requires HUD to 

establish standards and definitions for 

the information to be collected by state 

agencies and to provide states with 

technical assistance in establishing 

systems to compile and submit such 

information and, in coordination with 

other federal agencies administering 

housing programs, establish procedures 

to minimize duplicative reporting 

requirements for properties assisted 

under multiple housing programs. 

New section 36(c) provides that HUD 

‘‘shall, not less than annually, compile 

and make publicly available the 

information submitted to the Secretary 

pursuant to subsection (a).’’ 

Low-Income Housing Tax Credit 

LIHTC is a tax incentive intended to 

increase the availability of low-income 

housing. Section 42 of the Internal 

Revenue Code of 1986 provides an 

income tax credit to owners of newly 

constructed or substantially 

rehabilitated low-income rental housing 

projects. The credits allocated are based 

on the cost of units placed in service as 

low-income units under particular 

minimum occupancy and maximum 

rent criteria. In general, a building must 

meet one of two thresholds to be eligible 

for LIHTC: (1) At least 20 percent of the 

units must be rent-restricted and 

occupied by tenants with incomes no 

higher than 50 percent of the area 

median gross income (AMGI); or (2) At 

least 40 percent of the units must be 

rent-restricted and occupied by tenants 

with incomes no higher than 60 percent 

of AMGI. The term ‘‘rent-restricted’’ 

means that gross rent, including an 

allowance for tenant-paid utilities, 

cannot exceed 30 percent of the tenant’s 

imputed income limitation (i.e. , 50 

percent or 60 percent of AMGI). The 

rent and occupancy thresholds remain 

in effect for at least 15 years, and 

building owners are required to enter 

into agreements to maintain the lowincome character of the building for at 

least an additional 15 years. 

Currently, there is no comprehensive 

administrative database containing data 

on LIHTC tenant households. HUD’s 

Office of Policy Development and 

Research, under its broad authority to 

conduct research on housing and urban 

development issues, has collected and 

published data on LIHTC projects 

periodically throughout the life of the 

LIHTC program, and annually since 

1999. The HERA requirement reflects 

Congressional intent to have data on 

households residing in LIHTC 

properties collected annually and 

submitted under uniform standards. 

This Document 

Through this notice, HUD seeks to 

inform all the public of its 

responsibilities with respect to LIHTC 

data collection, and to reach a broader 

audience (than is possible through 

informal meetings) to solicit early input 

from state agencies and other interested 

members of the public on standards and 

definitions that would be helpful to 

state agencies in their collection of the 

information required by section 36 of 

the 1937 Act, as well as input on 

procedures that would minimize 

duplicative reporting requirements. 

In an effort to initiate discussion of 

these statutory requirements and 

commence the solicitation of informal 

feedback on these requirements, the 

data collection requirements were first 

discussed in a public forum at the 

Tenant Rental Assistance Certification 

System (TRACS) quarterly industry 

meeting on October 22, 2008. At that 

time, HUD also announced its intention 

to create an informal working group, 

open, at any time, to any interested 

parties, for the members of the working 

group to share their individual views of 

this data collection effort, and any past 

experiences with similar data collection 

efforts. HUD will use the information 

provided by the various members of the 

working group and consider the 

members’ individual recommendations 

and suggestions in its development of 

the standards and definitions that HUD 

is charged with issuing under section 36 

of the 1937 Act. 

HUD is seeking feedback from the 

public on the standards, definitions, and 

procedures for collecting the required 

data. One possible approach for which 

it solicits early comment, is to use two 

forms, one requesting data on LIHTC 

properties, indicating among other 

things project-based subsidies (so that 

universally applicable project data need 

not be separately reported for each 

tenant), and the other requesting data on 

LIHTC tenants and unit-specific 

characteristics. HUD requests that the 

public provide comments on whether 

this approach will minimize reporting 

burden on property managers, and on 

any other approaches that HUD should 

consider. 

To collect LIHTC property 

characteristics, HUD seeks comments on 

whether the agency should use the form 

currently used to collect data in HUD’s 

LIHTC projects placed in service 

database. Annually, HUD requests, 

through a contractor, data on a 

volunteer basis from the state housing 

finance agencies on LIHTC projects 

placed in service. This form has two 

advantages over creating a new form. 

First, it is OMB-approved through 2011 

and therefore would not require a new 

review under the Paperwork Reduction 

Act unless modifications are made. 

Second, the state housing agencies 

currently use this form and are familiar 

with it. Continuing with a familiar form 

would assist the goal of minimizing the 

reporting burden. More information on 

HUD’s current LIHTC projects placed in 

service database can be found here: 

http://lihtc.huduser.org/. 

The proposed tenant data collection 

form is based on the National Council 

of State Housing Agencies’ (NCSHA’s) 

best practices Tenant Income 

Certification (TIC) Form. The IRS does 

not require a standard form across states 

to certify tenants residing in LIHTCfinanced units. NCSHA’s best practices 

TIC form is used by many state housing 

finance agencies, either as is or in a 

slightly modified version. Since the data 

requested on this form is already 

collected by many state housing finance 

agencies, HUD believes this form, 

modified to account for additional 

information that HUD is required by 

statute to report, would minimize the 

reporting burden on the state agencies. 

The form contemplated by HUD amends 

NCSHA’s TIC to include race, ethnicity, 

and disability status. 

HUD anticipates publishing its formal 

proposal for implementing the data 

collection during the summer of 2009. 

Once data transmission methods are in 

place, data collection could begin as 

early as the first or second quarter of 

2010. 

Dated: March 19, 2009. 

Jean Lin Pao, 

General Deputy Assistant Secretary for Policy 

Development and Research. 

[FR Doc. E9–7041 Filed 3–27–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[CO200–LLCOF02000–L07770900–XZ0000– 

241A00] 

Notice of Meeting, Front Range 

Resource Advisory Council (Colorado) 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Land Policy and Management 

Act (FLPMA) and the Federal Advisory 

Committee Act of 1972 (FACA), the U.S. 

Department of the Interior, Bureau of 

Land Management (BLM) Front Range 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 14151 

Resource Advisory Council (RAC), will 

meet as indicated below. 

DATES: The meeting will be held April 

22, 2009 from 9:15 a.m. to 3:45 p.m. 

ADDRESSES: BLM Royal Gorge Field 

Office, 3028 East Main Street, Canon 

City, Colorado 81212. 

FOR FURTHER INFORMATION CONTACT: Cass 

Cairns, (719) 269–8553. 

SUPPLEMENTARY INFORMATION: The 15 

member Council advises the Secretary 

of the Interior, through the Bureau of 

Land Management, on a variety of 

planning and management issues 

associated with public land 

management in the Royal Gorge Field 

Office and San Luis Valley, Colorado. 

Planned agenda topics include: Manager 

updates on current land management 

issues, including 2009 Fire season 

outlook, Rags Over the Arkansas River 

(ROAR) on the Over The River proposed 

project, the Garden Park and Shaws 

Park Travel Management Plan 

Environmental Assessment alternatives, 

overview of Statewide RAC meeting 

held in February, and Charter renewal. 

All meetings are open to the public. 

The public is encouraged to make oral 

comments to the Council at 9:30 a.m. or 

written statements may be submitted for 

the Council’s consideration. Depending 

on the number of persons wishing to 

comment and time available, the time 

for individual oral comments may be 

limited. Summary minutes for the 

Council Meeting will be maintained in 

the Royal Gorge Field Office and will be 

available for public inspection and 

reproduction during regular business 

hours within thirty (30) days following 

the meeting. Meeting minutes and 

agenda (10 days prior to each meeting) 

are also available at: http:// 

www.blm.gov/rac/co/frrac/co_fr.htm . 

Dated: March 23, 2009. 

Roy L. Masinton, 

Field Manager, Royal Gorge Field Office. 

[FR Doc. E9–6983 Filed 3–27–09; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

Outer Continental Shelf (OCS) 

Scientific Committee (SC); 

Announcement of Plenary Session 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Notice of Meeting. 

SUMMARY: The OCS Scientific 

Committee will meet at the Sheraton 

Anchorage Hotel in Anchorage, AK. 

DATES: Wednesday, April 29, 2009, from 

8:30 a.m. to 5 p.m.; Thursday, April 30, 

2009, from 8 a.m. to 4:30 p.m.; and 

Friday, May 1, 2009, 8 a.m. to 4:30 p.m. 

ADDRESSES: Sheraton Anchorage Hotel, 

401 E. 6th Avenue, Anchorage, Alaska 

99501, telephone (907) 276–8700. 

FOR FURTHER INFORMATION CONTACT: A 

copy of the agenda may be requested 

from MMS by calling Ms. Carolyn 

Beamer at (703) 787–1211. Other 

inquiries concerning the OCS SC 

meeting should be addressed to Dr. 

James Kendall, Executive Secretary to 

the OCS SC, Minerals Management 

Service, 381 Elden Street, Mail Stop 

4043, Herndon, Virginia 20170–4817 or 

by calling (703) 787–1656. 

SUPPLEMENTARY INFORMATION: The OCS 

SC will provide advice on the 

feasibility, appropriateness, and 

scientific value of the OCS 

Environmental Studies Program to the 

Secretary of the Interior through the 

Director of the MMS. The SC will 

review the relevance of the research and 

data being produced to meet MMS 

scientific information needs for decision 

making and may recommend changes in 

scope, direction, and emphasis. 

The Committee will meet in plenary 

session on Wednesday, April 29. The 

Deputy Associate Director will address 

the Committee on the general status of 

the MMS and its activities. There will 

be an update on OCS activities in the 

Alaska OCS Region and Regional 

Supervisors for Environment and 

Leasing from each region will present an 

overview of the Environmental Studies 

Program and current issues. 

On Thursday, April 30, the 

Committee will meet in discipline 

breakout groups (i.e., biology/ecology, 

physical sciences, and social sciences) 

to review the specific research plans of 

the MMS regional offices for Fiscal 

Years 2010 and 2011. 

On Friday, May 1, the Committee will 

meet in plenary session for reports of 

the individual discipline breakout 

sessions of the previous day and to 

continue with Committee business. 

The meetings are open to the public. 

Approximately 30 visitors can be 

accommodated on a first-come-firstserved basis at the plenary session. 

Authority: Federal Advisory Committee 

Act, Public Law 92–463, 5 U.S.C., Appendix 

I, and the Office of Management and Budget’s 

Circular A–63, Revised. 

Date: March 24, 2009. 

Chris C. Oynes, 

Associate Director for Offshore Energy and 

Minerals Management. 

[FR Doc. E9–7060 Filed 3–27–09; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

Outer Continental Shelf Civil Penalties 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Notice summarizing Outer 

Continental Shelf Civil Penalties paid 

from January 1, 2008, through December 

31, 2008. 

SUMMARY: This notice provides a listing 

of civil penalties paid from January 1, 

2008, through December 31, 2008, for 

violations of the Outer Continental Shelf 

Lands Act. The goal of the MMS Outer 

Continental Shelf Civil Penalties 

Program is to assure safe and clean oil, 

gas, sulphur, or other minerals 

operations on the Outer Continental 

Shelf. Through the pursuit, assessment, 

and collection of civil penalties and 

referrals for the consideration of 

criminal penalties, the program is 

designed to encourage compliance with 

applicable statutes and regulations. The 

purpose of publishing the penalties 

summary is to provide information to 

the public on violations of the Outer 

Continental Shelf Lands Act and to 

provide an additional incentive for safe 

and environmentally sound operations. 

FOR FURTHER INFORMATION CONTACT: 

Joanne McCammon, Program 

Coordinator, at 703–787–1292. 

SUPPLEMENTARY INFORMATION: The Oil 

Pollution Act of 1990 (OPA 90) 

strengthened section 24 of the Outer 

Continental Shelf (OCS) Lands Act 

Amendments of 1978. Section 8201 of 

OPA 90 increased the amount of the 

civil penalty from a maximum of 

$10,000 to a maximum of $20,000 per 

violation for each day of 

noncompliance. More importantly, OPA 

90 provided the Secretary of the Interior 

(Secretary) with the authority to assess 

a civil penalty without first providing a 

period of time for corrective action in 

cases where a failure to comply with 

applicable regulations constitutes or 

constituted a threat of serious, 

irreparable, or immediate harm or 

damage to life (including fish and other 

aquatic life); property; any mineral 

deposit; or the marine, coastal, or 

human environment. 

The provisions of OPA 90 also require 

the Secretary to adjust the maximum 

civil penalty to reflect any increases in 

the Consumer Price Index (CPI). Every 

3 years, MMS analyzes the maximum 

civil penalty amount in conjunction 

with the CPI prepared by the U.S. 

Department of Labor. If an adjustment is 

necessary, MMS informs the public 

through the Federal Register of the new 


sroberts on PROD1PC70 with NOTICES