49654 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices 

Secretary’s designee, has legal authority 

to designate DDAs and QCTs, in 

accordance with 26 U.S.C. 42(d)(5), by 

publishing lists of geographic entities as 

defined by, in the case of DDAs, the 

Census Bureau, the several states and 

the governments of the insular areas of 

the United States and, in the case of 

QCTs, by the Census Bureau; and to 

establish the effective dates of such lists. 

The Secretary of the Treasury, through 

the IRS thereof, has sole legal authority 

to interpret, and to determine and 

enforce compliance with the IRC and 

associated regulations, including 

Federal Register notices published by 

HUD for purposes of designating DDAs 

and QCTs. Representations made by any 

other entity as to the content of HUD 

notices designating DDAs and QCTs that 

do not precisely match the language 

published by HUD should not be relied 

upon by taxpayers in determining what 

actions are necessary to comply with 

HUD notices. 

Interpretive Examples of Effective Date 

For the convenience of readers of this 

notice, interpretive examples are 

provided below to illustrate the 

consequences of the effective date in 

areas that gain or lose DDA status. The 

examples covering DDAs are equally 

applicable to QCT designations. 

(Case A) Project A is located in a 2015 

DDA that is NOT a designated DDA in 

2016, 2017, or 2018 and is in a declared 

county. A complete application for tax 

credits for Project A is filed with the 

allocating agency on November 15, 

2015. Credits are allocated to Project A 

on January 30, 2018. Project A is eligible 

for the increase in basis accorded a 

project in a 2015 DDA because the 

application was filed BEFORE January 

1, 2016 (the effective date for the 2016 

DDA lists), and because tax credits were 

allocated no later than the end of the 

850-day period after the filing of the 

complete application for an allocation of 

tax credits. 

(Case B) Project B is located in a 2015 

DDA that is NOT a designated DDA in 

2016, 2017, or 2018 and is in a declared 

county. A complete application for tax 

credits for Project B is filed with the 

allocating agency on December 1, 2015. 

Credits are allocated to Project B on 

June 30, 2018. Project B is NOT eligible 

for the increase in basis accorded a 

project in a 2015 DDA because, although 

the application for an allocation of tax 

credits was filed BEFORE January 1, 

2016 (the effective date of the 2016 DDA 

lists), the tax credits were allocated later 

than the end of the 850-day period after 

the filing of the complete application. 

(Case C) Project C is located in a 2015 

DDA that was not a DDA in 2014. 

Project C was placed in service on 

November 15, 2014. A complete 

application for tax-exempt bond 

financing for Project C is filed with the 

bond-issuing agency on January 15, 

2015. The bonds that will support the 

permanent financing of Project C are 

issued on September 30, 2015. Project C 

is NOT eligible for the increase in basis 

otherwise accorded a project in a 2015 

DDA, because the project was placed in 

service BEFORE January 1, 2015. 

(Case D) Project D is located in an area 

that is a DDA in 2015, but is NOT a DDA 

in 2016, 2017, or 2018 and is in a 

declared county. A complete 

application for tax-exempt bond 

financing for Project D is filed with the 

bond-issuing agency on October 30, 

2015. Bonds are issued for Project D on 

January 30, 2018, but Project D is not 

placed in service until July 30, 2018. 

Project D is eligible for the increase in 

basis available to projects located in 

2015 DDAs because: (1) One of the two 

events necessary for triggering the 

effective date for buildings described in 

Section 42(h)(4)(B) of the IRC (the two 

events being bonds issued and buildings 

placed in service) took place on January 

30, 2018, within the 850-day period 

after a complete application for taxexempt bond financing was filed, (2) the 

application was filed during a time 

when the location of Project D was in a 

DDA, and (3) both the issuance of the 

bonds and placement in service of 

Project D occurred after the application 

was submitted. 

Findings and Certifications 

A. Environmental Impact 

This notice involves the 

establishment of fiscal requirements or 

procedures that are related to rate and 

cost determinations and do not 

constitute a development decision 

affecting the physical condition of 

specific project areas or building sites. 

Accordingly, under 40 CFR 1508.4 of 

the regulations of the Council on 

Environmental Quality and 24 CFR 

50.19(c)(6) of HUD’s regulations, this 

notice is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

B. Federalism Impact 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any policy document that 

has federalism implications if the 

document either imposes substantial 

direct compliance costs on state and 

local governments and is not required 

by statute, or the document preempts 

state law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the executive order. This 

notice merely designates DDAs as 

required under IRC Section 42, as 

amended, for the use by political 

subdivisions of the states in allocating 

the LIHTC. As a result, this notice is not 

subject to review under the order. 

Dated: October 19, 2017. 

Kurt G. Usowski, 

Deputy Assistant Secretary for Economic 

Affairs. 

[FR Doc. 2017–23306 Filed 10–25–17; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[189A2100DD/AAKC001030/ 

A0A501010.999900 253G] 

Indian Gaming; Tribal-State Class III 

Gaming Compact Taking Effect in the 

State of New Mexico 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: The notice announces that the 

Tribal-State Class III Gaming Compact 

between the Pueblo of Pojoaque and 

State of New Mexico is taking effect. 

DATES: This notice is applicable as of 

October 26, 2017. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

(202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act (IGRA) Public Law 100– 

497, 25 U.S.C. 2701 et seq., the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. As required by IGRA 

and 25 CFR 293.4, all compacts are 

subject to review and approval by the 

Secretary. The Secretary took no action 

on the compact between the Pueblo of 

Pojoaque and the State of New Mexico 

within 45 days of its submission. 

Therefore, the Compact is considered to 

have been approved, but only to the 

extent the Compact is consistent with 

IGRA. See 25 U.S.C. 2710(d)(8)(C). 

Dated: October 23, 2017. 

Gavin Clarkson, 

Deputy Assistant Secretary, Policy and 

Economic Development—Indian Affairs. 

[FR Doc. 2017–23343 Filed 10–25–17; 8:45 am] 

BILLING CODE 4337–15–P 


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