Tax Credit Bonds for Bureau of Indian Affairs-Funded Schools, 56211-56215 [E9-26302]
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Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Notices
Center weekdays between 9 a.m., and 4
p.m., at (202) 208–1631.
Dated: October 21, 2009.
John Stanwich,
Deputy National Park Service Liaison to the
White House.
[FR Doc. E9–26170 Filed 10–29–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-IA-2009-N235]
[96300-1671-0000-P5]
Receipt of Applications for Permit
AGENCY: Fish and Wildlife Service,
Interior.
Notice of receipt of applications
for permit.
ACTION:
SUMMARY: We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
for permits to conduct certain activities
with endangered species. The
Endangered Species Act requires that
we invite public comment on these
permit applications.
DATES: Written data, comments or
requests must be received by November
30, 2009.
Documents and other
information submitted with these
applications are available for review,
subject to the requirements of the
Privacy Act and Freedom of Information
Act, by any party who submits a written
request for a copy of such documents
within 30 days of the date of publication
of this notice to: U.S. Fish and Wildlife
Service, Division of Management
Authority, 4401 North Fairfax Drive,
Room 212, Arlington, Virginia 22203;
fax 703/358-2281.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Division of Management Authority,
telephone 703/358-2104.
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with NOTICES
Endangered Species
The public is invited to comment on
the following applications for a permit
to conduct certain activities with
endangered species. This notice is
provided pursuant to Section 10(c) of
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Submit your written data, comments, or
requests for copies of the complete
applications to the address shown in
ADDRESSES.
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Applicant: Jacksonville Zoological
Society, Jacksonville, FL, PRT-072219
The applicant requests reissuance of
their permit to import three giant otters
(Pteronura brasiliensis) from the
Government of Guyana for the purpose
of enhancement of the survival of the
species. This notification covers
activities to be conducted by the
applicant over a 5–year period.
Applicant: Duquesne University,
Pittsburgh, PA, PRT-218242
The applicant requests an amendment
to their permit to acquire from Coriell
Institute of Medical Research, Camden,
NJ, in interstate commerce cell line and
DNA cultures from chimpanzee (Pan
troglodytes), bonobo (Pan paniscus),
gorilla (Gorilla gorilla), Bornean
orangutan (Pongo pygmaeus), Sumatran
orangutan (Pongo abelii), agile gibbon
(Hylobates agilis), buff-cheeked gibbon
(Nomascus gabriellae), white-cheeked
gibbon (Nomascus leucogenys), pileated
gibbon (Hylobates pileatus), siamang
(Symphalangus syndactylus), blackhanded spider monkey (Ateles
geoffroyi), cotton-top tamarin (Saguinus
oedipus), aye-aye (Daubentonia
madagascariensis), brown lemur
(Eulemur fulvus), ring-tailed lemur
(Lemur catta), white sifaka (Propithecus
verreauxi), and fat-tailed dwarf lemur
(Cheirogaleus medius) for the purpose
of scientific research. This notification
covers activities conducted by the
applicant over a 5–year period.
Applicant: Wild Cat Education &
Conservation Fund, Occidental, CA,
PRT-227438
The applicant requests a permit to
import one male captive-born cheetah
(Acinonyx jubatus) from DeWildt
Cheetah and Wildlife Centre, DeWildt,
South Africa, for the purpose of
enhancement of the survival of the
species.
Applicant: Institute of Greatly
Endangered and Rare Species, Myrtle
Beach, SC, PRT-230259
The applicant requests a permit to
import one male and one female
captive-born cheetah (Acinonyx jubatus)
from DeWildt Cheetah and Wildlife
Centre, DeWildt, South Africa, for the
purpose of enhancement of the survival
of the species.
Applicant: Michael S. Clifford, New
York, NY, PRT-230659
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
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for the purpose of enhancement of the
survival of the species.
Dated: October 23, 2009
Lisa J. Lierheimer
Senior Permit Biologist, Branch of Permits,
Division of Management Authority
[FR Doc. E9–26147 Filed 10–29– 09; 8:45
am]
BILLING CODE 4310–55–S
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Tax Credit Bonds for Bureau of Indian
Affairs-Funded Schools
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Solicitation of proposals.
SUMMARY: The Office of Facilities,
Environmental, and Cultural Resources
(OFECR) is soliciting applications for
allocations of the $400,000,000 in Tax
Credit Bonding Authority granted to the
Secretary of the Interior (‘‘Secretary’’) as
a result of the American Reinvestment
and Recovery Act (ARRA) of 2009. This
bonding authority is for the purpose of
the construction, rehabilitation and
repair of schools funded by the Bureau
of Indian Affairs (BIA). Distribution of
the $400,000,000 of tax credit bonds
will be in two tranches—$200,000,000
in calendar year 2009 and $200,000,000
in calendar year 2010. This Notice also
provides related guidance on the
following: (1) Eligibility requirements
that a project must meet to be
considered for an allocation; (2)
application requirements, deadlines,
and forms for requests for allocations;
(3) the method that the Secretary will
use to make the allocations; and (4)
certain interim guidance in this area.
DATES: To receive an allocation from the
first $200,000,000 (‘‘First Allocation’’) of
the Tax Credit Bonding Authority, an
Application must be filed with the DOI
on or before November 15, 2009, (‘‘First
Allocation Deadline’’). To receive an
allocation from the remaining allocation
(‘‘Second Allocation’’), an Application
must be filed with the DOI after
November 16, 2009, and on or before
March 15, 2010, (‘‘Second Allocation
Deadline’’). To comment on the
information collection contained in this
notice, you must submit your comments
by December 29, 2009.
ADDRESSES: You must submit your
proposal and/or any comments on the
information collection by mail or handcarry to the DOI, Office of Facilities,
Environmental and Cultural Resources,
Attention: Bernadette Myers, 2051
Mercator Drive, Reston, Virginia 20191.
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FOR FURTHER INFORMATION CONTACT:
Bernadette Myers (703) 390–6655.
SUPPLEMENTARY INFORMATION:
Section 1. Purpose
This Notice solicits applications for
allocations of the $400,000,000 in Tax
Credit Bonding Authority granted to the
Secretary as a result of the ARRA of
2009. This bonding authority is for the
purpose of the construction,
rehabilitation and repair of BIA-funded
schools. Distribution of the
$400,000,000 of tax credit bonds will be
in two tranches—$200,000,000 in
calendar year 2009 and $200,000,000 in
calendar year 2010.
This Notice also provides related
guidance on the following: (1) Eligibility
requirements that a project must meet to
be considered for an allocation; (2)
application requirements, deadlines,
and forms for requests for allocations;
(3) the method that the Secretary will
use to make the allocations; and (4)
certain interim guidance in this area.
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Section 2. Introduction
Part III—Tax Credit Bonds for Schools
(‘‘Tax-Credit Bonds’’), Section 1521
Qualified School Construction Bonds of
the ARRA of 2009, Public Law 111–5
(the ‘‘Act’’) is for the purpose of helping
Tribal governments reduce the cost of
loans or bonds for the construction,
rehabilitation, and repair of schools
funded by the BIA. In general, the Act
allows Tribal governments to issue up to
$400,000,000 in ‘‘qualified tax bonds’’
to finance a BIA funded elementary or
secondary school or dormitory
construction project. The bonding
authorization is not an appropriation of
Federal money or a loan guarantee. The
Tribe will be responsible for paying
their bonded obligations. The benefit to
the Tribes under the bonding provision
of the Act is that they can borrow
money at a lower interest rate than they
would have had to pay on non-taxadvantaged bonds.
Section 3. Background
Indian Affairs is responsible for
providing facilities to support
educational programs for eligible Indian
School Equalization Program (ISEP)
students. Its central, stated goal is to
provide a high-quality educational
environment for Native American
children from kindergarten through high
school.
Section 4. Application Requirements in
General
Each application (‘‘Application’’) for
an allocation of the Tax Credit Bonding
Authority must be prepared and
submitted in accordance with this
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section. In order for an Application to
comply with this section, among other
things, the Application must be
prepared in substantially the form
attached to this Notice as Appendix A,
subject to such minor changes or
variations as the DOI may approve in its
discretion. This Notice, including
Appendix A, may be found on the
Indian Affairs Web site at https://
www.doi.gov/bia. By submitting an
Application, the applicant agrees to
comply with the requirements of this
Notice.
a. Qualified issuer. An Application
must be submitted by an Indian Tribal
government. Section 7701(a)(40)(A)
defines an Indian Tribal government as
the governing body of any Tribe, band,
community, village, or group of Indians,
or Alaska Natives which is determined
by the IRS, in consultation with the
Secretary, to exercise governmental
functions. Section 2.01 of Revenue
Procedure 2008–55, 2008–39 I.R.B. 768,
provides that an Indian Tribal entity
that appears on the most recent list
published by the DOI in the Federal
Register pursuant to the Federally
Recognized Indian Tribe List Act of
1994, Public Law 103–454, 108 Stat.
4791 (‘‘List Act’’), is designated an
Indian Tribal government for purposes
of § 7701(a)(40). Section 2.03 of Rev.
Proc. 2008–55 further provides that a
Tribe that does not appear on the most
recent list published by the Department
of the Interior in the Federal Register
pursuant to the requirements of the List
Act nonetheless will be treated as an
Indian Tribal government for purposes
of § 7701(a)(40) if the Tribe has been
acknowledged as a Federally recognized
Indian Tribe, as stated in a letter from
the DOI. An Application must identify
the Indian Tribal government, including
the Indian Tribal government’s Federal
tax identification number.
b. Signatures. An Application must be
signed and dated by, and must include
the printed name and title of, an
authorized official of the Indian Tribal
government and must be supported by
a Tribal resolution indicating the Tribe’s
intent to apply for an allocation. For
purposes of this Notice, the term
‘‘authorized official of the Indian Tribal
government’’ means an officer, board
member, employee, or other official of
the Indian Tribal government who is
duly authorized to execute legal
documents on behalf of the Indian
Tribal government in connection with
incurring debt of the Indian Tribal
government (e.g., a Tribal chairperson,
chief executive officer, or chief financial
officer).
c. Contact person. An Application
must designate one or more persons
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with knowledge of the project that the
qualified issuer duly authorizes to
discuss with Indian Affairs any
information specifically relating to the
Application. The designation must
include the designee’s name, title,
telephone number, fax number, and
mailing address.
d. Addresses. An Application must be
submitted by hard copy in duplicate
accompanied by a copy of the
Application in electronic format on
compact disc (‘‘CD’’) sent by mail to the
address listed in the ADDRESSES section
of this Notice.
e. Due date. To receive an allocation
from the first $200,000,000 (‘‘First
Allocation’’) of the Tax Credit Bonding
Authority, an Application must be filed
with the DOI on or before the
Application deadline of November 15,
2009, (‘‘First Allocation Deadline’’). To
receive an allocation from the remaining
allocation (‘‘Second Allocation’’), an
Application must be filed with the DOI
after November 16, 2009, and on or
before March 15, 2010, (‘‘Second
Allocation Deadline’’). (See DATES
section of this Notice). Should not all
the Authority be granted in the two
allocations, the Secretary will consider
a third allocation period. See section 7
for further discussion of the two
allocations.
f. Project description. Each
Application must contain the
information required by this subsection.
(i) Qualified project. Each Application
must describe in reasonable detail the
project to be financed with the taxcredit bonds. The Application must
indicate the expected date that the
acquisition and construction of the
project will commence and the expected
date that the project will be placed in
service. The Secretary will only allocate
bonding authority for projects that
comply with building codes and
construction requirements required by
Indian Affairs for all Bureau-funded
education facility construction. Further,
the Secretary will only approve bonding
allocation for projects that were
developed using Indian Affairs
education specifications, space criteria
allowances, and enrollment projection
methodology, and which comply with
current statutory or regulatory
requirements regarding school grade
structure, curriculum requirements, and
educational standards.
(ii) Location of project. The
Application must include a certification
that the project’s location is within the
Indian Tribal government’s reservation.
(iii) Regulatory approvals. The
Application must state whether all
necessary Federal, State, and local
regulatory approvals for the project have
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been obtained and, if those approvals
have not yet been obtained, the
Application must describe the Indian
Tribal government’s plan for obtaining
them and the timeframe during which
the Indian Tribal government expects to
receive them.
g. Plan of financing. The Application
must contain: (1) A reasonably detailed
description of the plan of financing for
the project, including all reasonably
expected sources (e.g., a public offering
through a named underwriter or a
private placement to a named
institution) and uses of financing,
including financing from the tax-credit
bonds and from other sources; (2) the
status of all financing, including the
name and addresses of all entities
expected to provide any financing; (3)
the anticipated date of issuance of the
tax-credit bonds and any expected
purchasers of the tax-credit bonds; (4)
the sources of security and repayment
for the tax-credit bonds; (5) the
aggregate face amount of tax-credit
bonds expected to be issued for the
project; and (6) the issuer’s reasonably
expected schedule for spending
proceeds of the tax-credit bonds. If the
Indian Tribal government intends to use
the proceeds of tax-credit bonds to
reimburse amounts paid with respect to
a qualified project, the Application must
demonstrate compliance with all
statutory IRS tax requirements and
regulations.
h. Dollar amount of allocation
requested. The Application must specify
the dollar amount of tax-credit bonds
requested for the project.
i. Statement of readiness to issue. An
Application for an allocation of the tax
credit bonding authority from the First
or Second Allocation must contain the
statement that the issuer reasonably
expects to issue any tax-credit bonds,
pursuant to the requested allocation,
within six months of authorization.
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Section 5. Required Declarations in
Application
Each application submitted under this
Notice must include the following
declaration signed and dated by an
authorized official of the Indian Tribal
government:
Under penalties of perjury, I declare that I
have examined this document and, to the
best of my knowledge and belief, all of the
facts contained herein are true, correct, and
complete.
Section 6. Consent to Disclosure
Allocation
In order for the Secretary or Indian
Affairs to disclose identifying
information with respect to applicants
awarded an allocation, the Secretary
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and Indian Affairs requests that each
applicant submit with the Application a
declaration consenting to the Secretary’s
or Indian Affairs’ disclosure of the name
of the issuer, the type and location of
the project that is the subject of the
Application, and the amount of the tax
credit bond allocation awarded to that
Applicant if the Applicant receives an
allocation. Appendix B.
Section 7. Annual Bonding Authority
Limit and Methodology
a. First Allocation
The Tax Credit Bonding Authority
under § 7871(f) will be allocated in at
least two tranches. The first
$200,000,000 will be allocated in
accordance with this section for
qualified projects for which
Applications meeting the requirements
of this Notice have been filed with the
Secretary or Indian Affairs on or before
the First Allocation Deadline. If the total
amount of allocations requested in all
applications received on or before the
First Allocation Deadline does not
exceed $200,000,000, then each
qualified project will be allocated the
amount of allocation requested. If the
total amount of allocations requested in
all applications received on or before
the First Allocation Deadline exceeds
$200,000,000, then each qualified
project will be allocated a reduced pro
rata such that the total amount allocated
as part of the First Allocation does not
exceed $200,000,000. Applicants
receiving a reduced allocation may
submit an application requesting the
remainder of the allocation on or before
the Second Allocation Deadline.
b. Second Allocation
(1) The Second Allocation will
allocate the second $200,000,000. The
Second Allocation will be allocated in
accordance with this section for
qualified projects for which
Applications meeting the requirements
of this Notice have been filed with the
Secretary or Indian Affairs on or before
the Second Allocation Deadline set forth
in this Notice. If the total amount of
allocations requested in all applications
received on or before the Second
Allocation Deadline does not exceed the
Second Allocation Amount, then each
qualified project will be allocated the
amount requested. If the total amount of
allocations requested in all applications
received on or before the Second
Allocation Deadline exceeds
$200,000,000, then each qualified
project will be allocated a reduced pro
rata such that the total amount allocated
as part of the Second Allocation does
not exceed $200,000,000. Any allocation
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remaining from the Second Allocation,
or any forfeited allocation, may be
available as part of an allocation process
to be announced by the Secretary or
Indian Affairs at some future date.
(2) Applicants for any subsequent
allocation other than the First
Allocation must include a description of
the project, or any related project, for
which a prior allocation was made, as
well as the name of the applicant that
received the allocation. For this
purpose, related projects include
facilities that are owned by the same
Indian Tribal government, a political
subdivision of the Indian Tribal
government, or an entity controlled by
the Indian Tribal government, which
are: (i) Located at or near the same site;
and (ii) are integrated, interconnected,
or directly or indirectly dependent on
each other, based on all the facts and
circumstances.
c. On Behalf of Issuers
(1) An Indian Tribal government that
receives an allocation may designate an
‘‘on behalf of issuer,’’ so long as the
Tribal government complies with all
applicable statutory tax requirements
and regulations.
(2) An Indian Tribal government that
receives an allocation may assign the
allocation to a pool bond issuer who is
otherwise an Indian Tribal government
for the purpose of issuing tax-credit
bonds the proceeds of which will be
loaned to the Indian Tribal government
who received the allocation. Pooled taxcredit bonds will be subject to all
applicable statutory tax requirements
and regulations.
(3) The proceeds of any bonds issued
by an ‘‘on behalf of’’ issuer or a pool
issuer will be treated as if they were
proceeds of bonds issued by the Indian
Tribal government that received the
allocation.
d. Forfeiture of Allocation
If bonds are not in place within six
months of authorization, any or all of
the allocation received by an issuer
pursuant to the First and Second
Allocation, then such allocation shall be
considered forfeited. Any allocation
amounts forfeited may be available for
allocation by the Secretary as part of an
allocation process to be announced by
the Secretary at some future date.
Issuers must notify the Secretary or
Indian Affairs in writing at least 30 days
before the expiration of the period
during which bonds may be issued
pursuant to an allocation if they do not
intend to issue bonds pursuant to such
allocation. Failure to comply with
requirements set forth in Section 4–f(i)
of this Notice will result in the loss of
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all Indian Affairs funding support for
the functional facilities operations and
maintenance of the project.
Section 8. Drafting Information
The principal authors of this Notice
are John N. Rever, Director, and
Bernadette Myers, Management Analyst,
OFECR. Other Department of the
Interior (DOI) personnel also
participated in its development.
Section 9. Paperwork Reduction Act
The information collection
requirements contained in this notice
have been approved by the Office of
Management and Budget (OMB) under
an emergency request pursuant to 44
U.S.C. 3504(h). The OMB control
number is 1076–0173. The authorization
expires on April 30, 2010.
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a. Abstract
This information collection allows the
BIA to receive written applications for
allocations of the $400,000,000 in Tax
Credit Bonding Authority granted to the
Secretary as a result of the ARRA of
2009. This bonding authority is for the
purpose of the construction,
rehabilitation and repair of BIA-funded
schools. The information collection
allows BIA to determine whether the
project is eligible to be considered for an
allocation. No third party notification or
public disclosure burden is associated
with this collection.
b. Request for Comments
If you would like to comment on this
information collection, please send your
comments to the location listed in the
ADDRESSES section. Your comments
should address: (a) The necessity of the
information collection for the proper
performance of the agencies, including
whether the information will have
practical utility; (b) the accuracy of our
estimate of the burden (hours and cost)
of the collection of information,
including the validity of the
methodology and assumptions used; (c)
ways we could enhance the quality,
utility and clarity of the information to
be collected; and (d) ways we could
minimize the burden of the collection of
the information on the respondents,
such as through the use of automated
collection techniques or other forms of
information technology.
Please note that an agency may not
sponsor or conduct and an individual
need not respond to a collection of
information unless it has a valid OMB
Control Number.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section
during the hours of 9 a.m.–5 p.m.,
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Eastern Time, Monday through Friday
except for legal holidays. Before
including your address, telephone
number, e-mail address or other
personally identifiable information, be
advised that your entire comment—
including your personally identifiable
information—may be made public at
any time. While you may request that
we withhold your personally
identifiable information, we cannot
guarantee that we will be able to do so.
c. Data
OMB Control Number: 1076–0173.
Title: Tax Credit Bonds for Bureau of
Indian Affairs-Funded Schools.
Brief Description of Collection:
Submission of this information is
required to apply for allocations of the
$400,000,000 in Tax Credit Bonding
Authority granted to the Secretary as a
result of the ARRA of 2009. This
bonding authority is for the purpose of
the construction, rehabilitation and
repair of BIA-funded schools. The
information collection allows BIA to
determine whether the project is eligible
to be considered for an allocation. No
third party notification or public
disclosure burden is associated with
this collection. Response is required to
obtain a benefit.
Type of Review: New collection.
Respondents: Indian Tribal
governments.
Number of Respondents: 30.
Total Number of Responses: Once, on
occasion.
Estimated Time per Response: 40
hours.
Estimated Total Annual Burden:
1,200 hours.
Dated: October 26, 2009.
Larry Echo Hawk,
Assistant Secretary—Indian Affairs.
Appendix A
Application for Allocation of Tax-Credit
Bonds for BIA-Funded Schools
Department of the Interior, Office of
Facilities, Environmental and Cultural
Resources, Attention: Bernadette Myers,
2051 Mercator Drive, Reston, Virginia
20191.
Dear Madam: The following constitutes the
application (‘‘Application’’) of (Name) (the
‘‘Applicant’’) for allocation of tax-credit
bonds pursuant to Title I, § 1521 of the
American Recovery and Reinvestment Act to
finance the project described below. (If a
single Application is used to request taxcredit bonds for more than one project, then
all of the required information in the
Application must be provided separately for
each project.)
1. Name of Applicant/Issuer lllllll
Street Address llllllllllllll
City llllllllllllllllll
State llllllllllllllllll
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Zip lllllllllllllllllll
Telephone Number lllllllllll
Fax Number lllllllllllllll
EIN lllllllllllllllllll
2. Status of Issuer—(Select as appropriate)
The Applicant/Issuer is a ‘‘qualified
issuer’’ under § 7871(f) because it is—
(i) an Indian tribal entity that appears on
the most recent list published by the
Department of Interior in the Federal
Register pursuant to the Federally
Recognized Indian Tribe List Act of
1994, Pub. L. 103–454, 108 Stat. 4791
(‘‘List’’), as demonstrated by the attached
documents included as Exhibit A.
(ii) an Indian tribal government which is
acknowledged as a federally recognized
Indian tribe, as stated in a letter from the
Department of the Interior, as
demonstrated by the attached documents
included as Exhibit A.
3. Name of Project llllllllllll
4. Detailed Description of the Project. A
reasonably detailed description of the facility
to be financed (the ‘‘Project’’) is set forth
below or in attached Exhibit B.
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
If the Project is a joint Project, please
describe in detail the other owners of the
project and the applicant’s ownership
interest in the project.
5. Construction Commencement Date and
Placed in Service Date. The Applicant begun
or expects to begin the construction,
installation and equipping of the Project on
lllll. The Applicant expects that the
Project will be placed into service on or
before lllll.
6. Pool Issuances. Does the Applicant expect
to have the tax-credit bonds issued by a pool
issuer or an ‘‘on behalf of issuer’’?
lllllllllllllllllllll
If the answer above is ‘‘yes,’’ please describe
the pool issuer or on behalf of issuer and
provide a statement that the pool issuer is an
Indian tribal government or that the ‘‘on
behalf of issuer’’ meets the requirements to
be such an issuer under the rules applicable
to bonds in accordance with current IRS
regulations.
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
7. Location of the Project:
Project address or physical location (do not
include postal box numbers or mailing
address)
lllllllllllllllllllll
City llllllllllllllllll
State llllllllllllllllll
Zip lllllllllllllllllll
Reservation where Project will be located:
llllllll
Include in the attached Exhibit C a
certification that the Project will be located
on the Applicant’s reservation. If the taxcredit bonds will be issued for a joint project
please include in attached Exhibit C a
certification that the Project will be located
on a reservation of at least one of the Indian
tribal governments receiving an allocation
with respect to such Project.
E:\FR\FM\30OCN1.SGM
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sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Notices
8. Individual to contact for more information
about the Project:
Individual Name
llllllllllll
Company Name lllllllllllll
Street Address llllllllllllll
City llllllllllllllllll
State llllllllllllllllll
Zip lllllllllllllllllll
Telephone Number lllllllllll
Fax Number lllllllllllllll
Email Address llllllllllllll
9. Regulatory Approvals. Identify each
regulatory body, the action that must be
taken, status of any pending action, and the
remaining timeframe required to obtain each
required approval. The plan of the Applicant
for obtaining such approvals is as follows (or
attach an Exhibit):
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
10. Plan of Financing. Include a reasonably
detailed description of the plan of financing
for the Project, including all reasonably
expected sources and uses of financing and
other funds, the status of such financing, the
anticipated date of bond issuance, the
sources of security and repayment for the
bonds, the aggregate face amount of bonds
expected to be issued for the Project, and the
issuer’s reasonably expected schedule for
expending the proceeds of the tax-credit
bonds. Attached as Exhibit D is a plan of
financing for the Project.
11. Statement of Readiness.
a. Application from the First Allocation.
Include in Exhibit E a statement signed under
penalties of perjury that the Issuer reasonably
expects to issue bonds pursuant to the
requested allocation within six months of the
authorization.
b. Application from the Second Allocation.
Include in Exhibit E a statement signed under
penalties of perjury that the Issuer reasonably
expects to issue bonds pursuant to the
requested allocation within six months of the
authorization.
12. Dollar Amount of Allocation Requested
for the Project. To finance the Project, the
Applicant hereby requests a tax-credit bond
allocation in the amount of $ llll.
13. Prior Allocations for the Project. (If the
Project or any Related Project (as defined in
section 7.b.(2) of this Notice) previously
received a tax-credit bond allocation, then
this paragraph must include a statement to
that effect.) [If applicable, include the
following statement: On (Insert date), the
Project previously received a tax-credit bond
allocation in the amount of $ llll. A
copy of the Indian Affairs allocation letter for
that allocation is attached.]
14. Assignment of allocations to another
issuer. If the applicant expects to assign its
allocation to another qualified issuer of taxcredit bonds as authority for the tax-credit
bond issuer to issue bonds for the project on
behalf of the applicant, the applicant should
provide the following statement:
The Applicant expects to assign the
requested allocation for tax-credit bonds
to a qualified issuer of tax-credit bonds
as authority for the tax-credit bond issuer
to issue bonds for the project on behalf
of the Applicant. Applicant agrees to
VerDate Nov<24>2008
16:30 Oct 29, 2009
Jkt 220001
obtain a written commitment from the
assignee tax-credit bond issuer that it is
a qualified issuer of tax-credit bonds and
that it will issue tax-credit bonds for the
project within the time frame specified
in the Application for the Applicant’s
bonds.
15. Penalty of Perjury Statement and
Signatures.
I hereby certify that I am an authorized
officer or official of the Applicant, that I am
duly authorized to execute legal documents
on behalf of the Applicant in connection
with incurring debt, and that I am duly
authorized to execute legal documents on
behalf of the Applicant in making this
Application. Under penalties of perjury, I
declare that (i) I have knowledge of the
relevant facts and circumstances relating to
this Application and the Project(s), (ii) I have
examined this Application, and (iii) to the
best of my knowledge and belief, all of the
facts contained in this Application are true,
correct and complete.
By: lllllllllllllllllll
Name: lllllllllllllllll
Title: llllllllllllllllll
Date: llllllllllllllllll
Attach the following Exhibits:
Exhibit A
Documents Regarding Issuer Status as an
Indian Tribal Government (Response to
Question 2 of the Application)
Exhibit B
Description of the Project (Response to
Question 4 of the Application)
Exhibit C
Project Location on Indian Tribal
Government Reservation (Response to
Question 7 of the Application)
Exhibit D
Plan of Financing (Response to Question 10
of the Application)
Exhibit E
Statement of Readiness to Issue (Response to
Question 11 of the Application)
I hereby certify that I am an authorized
officer or official of the Applicant, that I am
duly authorized to execute legal documents
on behalf of the Applicant in connection
with incurring debt, and that I am duly
authorized to execute legal documents on
behalf of the Applicant in making this
Application. Under penalties of perjury, I
declare that the Applicant reasonably expects
that bonds issued pursuant to the tax-credit
bond allocation to be received will be issued
within six months of authorization.
By: lllllllllllllllllll
Name: lllllllllllllllll
Title: llllllllllllllllll
Date: llllllllllllllllll
Appendix B
Consent to Public Disclosure of Certain TaxCredit Bond Application Information
In the event that the Application of
[llllllll] (the ‘‘Applicant’’) for an
allocation of authority to issue Tax Credit
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
56215
Bonds to be used for the purpose of the
construction, rehabilitation, and repair of
schools funded by the Bureau of Indian
Affairs (‘‘Tax-Credit Bonds’’) is approved, the
undersigned authorized representative of the
Applicant hereby consents to the disclosure
by Department of the Interior through
publication of a Notice or a press release of
the name of Applicant (issuer), the type and
location of the facility that is the subject of
the Application, and the amount of the taxcredit bond allocation for such facility. The
undersigned understands that this
information might be published, broadcast,
discussed or otherwise disseminated in the
public record.
This authorization shall become effective
upon the execution hereof.
I certify that I have the authority to execute
this consent to disclose on behalf of the
Applicant named below.
Date: llllllllllllllllll
Signature: llllllllllllllll
Print name: lllllllllllllll
Title: llllllllllllllllll
Name of Applicant: lllllllllll
Applicant’s Mailing Address: lllllll
lllllllllllllllllllll
[FR Doc. E9–26302 Filed 10–29–09; 8:45 am]
BILLING CODE 4310–4M–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
Notice is hereby given that on October
26, 2009, a proposed Settlement
Agreement in In re Hercules Chemical
Company, Inc., Case No. 08–27822–MS,
was lodged with the United States
Bankruptcy Court for the District of New
Jersey.
In this action, the United States filed
a proof of claim seeking reimbursement
for response and natural resource
damage assessment costs from the
Debtor under the Comprehensive
Environmental Response,
Compensation, and Liability Act, 42
U.S.C. 9601, et seq., with respect to the
Diamond Alkali Superfund Site (the
Passaic River Matter) in Newark, NJ.
The Settlement Agreement provides that
Hercules will provide the United States
a general unsecured claim of $200,000.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Settlement Agreement.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to In re
E:\FR\FM\30OCN1.SGM
30OCN1
]]>Agencies
[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Notices]
[Pages 56211-56215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26302]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Tax Credit Bonds for Bureau of Indian Affairs-Funded Schools
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Solicitation of proposals.
-----------------------------------------------------------------------
SUMMARY: The Office of Facilities, Environmental, and Cultural
Resources (OFECR) is soliciting applications for allocations of the
$400,000,000 in Tax Credit Bonding Authority granted to the Secretary
of the Interior (``Secretary'') as a result of the American
Reinvestment and Recovery Act (ARRA) of 2009. This bonding authority is
for the purpose of the construction, rehabilitation and repair of
schools funded by the Bureau of Indian Affairs (BIA). Distribution of
the $400,000,000 of tax credit bonds will be in two tranches--
$200,000,000 in calendar year 2009 and $200,000,000 in calendar year
2010. This Notice also provides related guidance on the following: (1)
Eligibility requirements that a project must meet to be considered for
an allocation; (2) application requirements, deadlines, and forms for
requests for allocations; (3) the method that the Secretary will use to
make the allocations; and (4) certain interim guidance in this area.
DATES: To receive an allocation from the first $200,000,000 (``First
Allocation'') of the Tax Credit Bonding Authority, an Application must
be filed with the DOI on or before November 15, 2009, (``First
Allocation Deadline''). To receive an allocation from the remaining
allocation (``Second Allocation''), an Application must be filed with
the DOI after November 16, 2009, and on or before March 15, 2010,
(``Second Allocation Deadline''). To comment on the information
collection contained in this notice, you must submit your comments by
December 29, 2009.
ADDRESSES: You must submit your proposal and/or any comments on the
information collection by mail or hand-carry to the DOI, Office of
Facilities, Environmental and Cultural Resources, Attention: Bernadette
Myers, 2051 Mercator Drive, Reston, Virginia 20191.
[[Page 56212]]
FOR FURTHER INFORMATION CONTACT: Bernadette Myers (703) 390-6655.
SUPPLEMENTARY INFORMATION:
Section 1. Purpose
This Notice solicits applications for allocations of the
$400,000,000 in Tax Credit Bonding Authority granted to the Secretary
as a result of the ARRA of 2009. This bonding authority is for the
purpose of the construction, rehabilitation and repair of BIA-funded
schools. Distribution of the $400,000,000 of tax credit bonds will be
in two tranches--$200,000,000 in calendar year 2009 and $200,000,000 in
calendar year 2010.
This Notice also provides related guidance on the following: (1)
Eligibility requirements that a project must meet to be considered for
an allocation; (2) application requirements, deadlines, and forms for
requests for allocations; (3) the method that the Secretary will use to
make the allocations; and (4) certain interim guidance in this area.
Section 2. Introduction
Part III--Tax Credit Bonds for Schools (``Tax-Credit Bonds''),
Section 1521 Qualified School Construction Bonds of the ARRA of 2009,
Public Law 111-5 (the ``Act'') is for the purpose of helping Tribal
governments reduce the cost of loans or bonds for the construction,
rehabilitation, and repair of schools funded by the BIA. In general,
the Act allows Tribal governments to issue up to $400,000,000 in
``qualified tax bonds'' to finance a BIA funded elementary or secondary
school or dormitory construction project. The bonding authorization is
not an appropriation of Federal money or a loan guarantee. The Tribe
will be responsible for paying their bonded obligations. The benefit to
the Tribes under the bonding provision of the Act is that they can
borrow money at a lower interest rate than they would have had to pay
on non-tax-advantaged bonds.
Section 3. Background
Indian Affairs is responsible for providing facilities to support
educational programs for eligible Indian School Equalization Program
(ISEP) students. Its central, stated goal is to provide a high-quality
educational environment for Native American children from kindergarten
through high school.
Section 4. Application Requirements in General
Each application (``Application'') for an allocation of the Tax
Credit Bonding Authority must be prepared and submitted in accordance
with this section. In order for an Application to comply with this
section, among other things, the Application must be prepared in
substantially the form attached to this Notice as Appendix A, subject
to such minor changes or variations as the DOI may approve in its
discretion. This Notice, including Appendix A, may be found on the
Indian Affairs Web site at https://www.doi.gov/bia. By submitting an
Application, the applicant agrees to comply with the requirements of
this Notice.
a. Qualified issuer. An Application must be submitted by an Indian
Tribal government. Section 7701(a)(40)(A) defines an Indian Tribal
government as the governing body of any Tribe, band, community,
village, or group of Indians, or Alaska Natives which is determined by
the IRS, in consultation with the Secretary, to exercise governmental
functions. Section 2.01 of Revenue Procedure 2008-55, 2008-39 I.R.B.
768, provides that an Indian Tribal entity that appears on the most
recent list published by the DOI in the Federal Register pursuant to
the Federally Recognized Indian Tribe List Act of 1994, Public Law 103-
454, 108 Stat. 4791 (``List Act''), is designated an Indian Tribal
government for purposes of Sec. 7701(a)(40). Section 2.03 of Rev.
Proc. 2008-55 further provides that a Tribe that does not appear on the
most recent list published by the Department of the Interior in the
Federal Register pursuant to the requirements of the List Act
nonetheless will be treated as an Indian Tribal government for purposes
of Sec. 7701(a)(40) if the Tribe has been acknowledged as a Federally
recognized Indian Tribe, as stated in a letter from the DOI. An
Application must identify the Indian Tribal government, including the
Indian Tribal government's Federal tax identification number.
b. Signatures. An Application must be signed and dated by, and must
include the printed name and title of, an authorized official of the
Indian Tribal government and must be supported by a Tribal resolution
indicating the Tribe's intent to apply for an allocation. For purposes
of this Notice, the term ``authorized official of the Indian Tribal
government'' means an officer, board member, employee, or other
official of the Indian Tribal government who is duly authorized to
execute legal documents on behalf of the Indian Tribal government in
connection with incurring debt of the Indian Tribal government (e.g., a
Tribal chairperson, chief executive officer, or chief financial
officer).
c. Contact person. An Application must designate one or more
persons with knowledge of the project that the qualified issuer duly
authorizes to discuss with Indian Affairs any information specifically
relating to the Application. The designation must include the
designee's name, title, telephone number, fax number, and mailing
address.
d. Addresses. An Application must be submitted by hard copy in
duplicate accompanied by a copy of the Application in electronic format
on compact disc (``CD'') sent by mail to the address listed in the
ADDRESSES section of this Notice.
e. Due date. To receive an allocation from the first $200,000,000
(``First Allocation'') of the Tax Credit Bonding Authority, an
Application must be filed with the DOI on or before the Application
deadline of November 15, 2009, (``First Allocation Deadline''). To
receive an allocation from the remaining allocation (``Second
Allocation''), an Application must be filed with the DOI after November
16, 2009, and on or before March 15, 2010, (``Second Allocation
Deadline''). (See DATES section of this Notice). Should not all the
Authority be granted in the two allocations, the Secretary will
consider a third allocation period. See section 7 for further
discussion of the two allocations.
f. Project description. Each Application must contain the
information required by this subsection.
(i) Qualified project. Each Application must describe in reasonable
detail the project to be financed with the tax-credit bonds. The
Application must indicate the expected date that the acquisition and
construction of the project will commence and the expected date that
the project will be placed in service. The Secretary will only allocate
bonding authority for projects that comply with building codes and
construction requirements required by Indian Affairs for all Bureau-
funded education facility construction. Further, the Secretary will
only approve bonding allocation for projects that were developed using
Indian Affairs education specifications, space criteria allowances, and
enrollment projection methodology, and which comply with current
statutory or regulatory requirements regarding school grade structure,
curriculum requirements, and educational standards.
(ii) Location of project. The Application must include a
certification that the project's location is within the Indian Tribal
government's reservation.
(iii) Regulatory approvals. The Application must state whether all
necessary Federal, State, and local regulatory approvals for the
project have
[[Page 56213]]
been obtained and, if those approvals have not yet been obtained, the
Application must describe the Indian Tribal government's plan for
obtaining them and the timeframe during which the Indian Tribal
government expects to receive them.
g. Plan of financing. The Application must contain: (1) A
reasonably detailed description of the plan of financing for the
project, including all reasonably expected sources (e.g., a public
offering through a named underwriter or a private placement to a named
institution) and uses of financing, including financing from the tax-
credit bonds and from other sources; (2) the status of all financing,
including the name and addresses of all entities expected to provide
any financing; (3) the anticipated date of issuance of the tax-credit
bonds and any expected purchasers of the tax-credit bonds; (4) the
sources of security and repayment for the tax-credit bonds; (5) the
aggregate face amount of tax-credit bonds expected to be issued for the
project; and (6) the issuer's reasonably expected schedule for spending
proceeds of the tax-credit bonds. If the Indian Tribal government
intends to use the proceeds of tax-credit bonds to reimburse amounts
paid with respect to a qualified project, the Application must
demonstrate compliance with all statutory IRS tax requirements and
regulations.
h. Dollar amount of allocation requested. The Application must
specify the dollar amount of tax-credit bonds requested for the
project.
i. Statement of readiness to issue. An Application for an
allocation of the tax credit bonding authority from the First or Second
Allocation must contain the statement that the issuer reasonably
expects to issue any tax-credit bonds, pursuant to the requested
allocation, within six months of authorization.
Section 5. Required Declarations in Application
Each application submitted under this Notice must include the
following declaration signed and dated by an authorized official of the
Indian Tribal government:
Under penalties of perjury, I declare that I have examined this
document and, to the best of my knowledge and belief, all of the
facts contained herein are true, correct, and complete.
Section 6. Consent to Disclosure Allocation
In order for the Secretary or Indian Affairs to disclose
identifying information with respect to applicants awarded an
allocation, the Secretary and Indian Affairs requests that each
applicant submit with the Application a declaration consenting to the
Secretary's or Indian Affairs' disclosure of the name of the issuer,
the type and location of the project that is the subject of the
Application, and the amount of the tax credit bond allocation awarded
to that Applicant if the Applicant receives an allocation. Appendix B.
Section 7. Annual Bonding Authority Limit and Methodology
a. First Allocation
The Tax Credit Bonding Authority under Sec. 7871(f) will be
allocated in at least two tranches. The first $200,000,000 will be
allocated in accordance with this section for qualified projects for
which Applications meeting the requirements of this Notice have been
filed with the Secretary or Indian Affairs on or before the First
Allocation Deadline. If the total amount of allocations requested in
all applications received on or before the First Allocation Deadline
does not exceed $200,000,000, then each qualified project will be
allocated the amount of allocation requested. If the total amount of
allocations requested in all applications received on or before the
First Allocation Deadline exceeds $200,000,000, then each qualified
project will be allocated a reduced pro rata such that the total amount
allocated as part of the First Allocation does not exceed $200,000,000.
Applicants receiving a reduced allocation may submit an application
requesting the remainder of the allocation on or before the Second
Allocation Deadline.
b. Second Allocation
(1) The Second Allocation will allocate the second $200,000,000.
The Second Allocation will be allocated in accordance with this section
for qualified projects for which Applications meeting the requirements
of this Notice have been filed with the Secretary or Indian Affairs on
or before the Second Allocation Deadline set forth in this Notice. If
the total amount of allocations requested in all applications received
on or before the Second Allocation Deadline does not exceed the Second
Allocation Amount, then each qualified project will be allocated the
amount requested. If the total amount of allocations requested in all
applications received on or before the Second Allocation Deadline
exceeds $200,000,000, then each qualified project will be allocated a
reduced pro rata such that the total amount allocated as part of the
Second Allocation does not exceed $200,000,000. Any allocation
remaining from the Second Allocation, or any forfeited allocation, may
be available as part of an allocation process to be announced by the
Secretary or Indian Affairs at some future date.
(2) Applicants for any subsequent allocation other than the First
Allocation must include a description of the project, or any related
project, for which a prior allocation was made, as well as the name of
the applicant that received the allocation. For this purpose, related
projects include facilities that are owned by the same Indian Tribal
government, a political subdivision of the Indian Tribal government, or
an entity controlled by the Indian Tribal government, which are: (i)
Located at or near the same site; and (ii) are integrated,
interconnected, or directly or indirectly dependent on each other,
based on all the facts and circumstances.
c. On Behalf of Issuers
(1) An Indian Tribal government that receives an allocation may
designate an ``on behalf of issuer,'' so long as the Tribal government
complies with all applicable statutory tax requirements and
regulations.
(2) An Indian Tribal government that receives an allocation may
assign the allocation to a pool bond issuer who is otherwise an Indian
Tribal government for the purpose of issuing tax-credit bonds the
proceeds of which will be loaned to the Indian Tribal government who
received the allocation. Pooled tax-credit bonds will be subject to all
applicable statutory tax requirements and regulations.
(3) The proceeds of any bonds issued by an ``on behalf of'' issuer
or a pool issuer will be treated as if they were proceeds of bonds
issued by the Indian Tribal government that received the allocation.
d. Forfeiture of Allocation
If bonds are not in place within six months of authorization, any
or all of the allocation received by an issuer pursuant to the First
and Second Allocation, then such allocation shall be considered
forfeited. Any allocation amounts forfeited may be available for
allocation by the Secretary as part of an allocation process to be
announced by the Secretary at some future date. Issuers must notify the
Secretary or Indian Affairs in writing at least 30 days before the
expiration of the period during which bonds may be issued pursuant to
an allocation if they do not intend to issue bonds pursuant to such
allocation. Failure to comply with requirements set forth in Section 4-
f(i) of this Notice will result in the loss of
[[Page 56214]]
all Indian Affairs funding support for the functional facilities
operations and maintenance of the project.
Section 8. Drafting Information
The principal authors of this Notice are John N. Rever, Director,
and Bernadette Myers, Management Analyst, OFECR. Other Department of
the Interior (DOI) personnel also participated in its development.
Section 9. Paperwork Reduction Act
The information collection requirements contained in this notice
have been approved by the Office of Management and Budget (OMB) under
an emergency request pursuant to 44 U.S.C. 3504(h). The OMB control
number is 1076-0173. The authorization expires on April 30, 2010.
a. Abstract
This information collection allows the BIA to receive written
applications for allocations of the $400,000,000 in Tax Credit Bonding
Authority granted to the Secretary as a result of the ARRA of 2009.
This bonding authority is for the purpose of the construction,
rehabilitation and repair of BIA-funded schools. The information
collection allows BIA to determine whether the project is eligible to
be considered for an allocation. No third party notification or public
disclosure burden is associated with this collection.
b. Request for Comments
If you would like to comment on this information collection, please
send your comments to the location listed in the ADDRESSES section.
Your comments should address: (a) The necessity of the information
collection for the proper performance of the agencies, including
whether the information will have practical utility; (b) the accuracy
of our estimate of the burden (hours and cost) of the collection of
information, including the validity of the methodology and assumptions
used; (c) ways we could enhance the quality, utility and clarity of the
information to be collected; and (d) ways we could minimize the burden
of the collection of the information on the respondents, such as
through the use of automated collection techniques or other forms of
information technology.
Please note that an agency may not sponsor or conduct and an
individual need not respond to a collection of information unless it
has a valid OMB Control Number.
It is our policy to make all comments available to the public for
review at the location listed in the ADDRESSES section during the hours
of 9 a.m.-5 p.m., Eastern Time, Monday through Friday except for legal
holidays. Before including your address, telephone number, e-mail
address or other personally identifiable information, be advised that
your entire comment--including your personally identifiable
information--may be made public at any time. While you may request that
we withhold your personally identifiable information, we cannot
guarantee that we will be able to do so.
c. Data
OMB Control Number: 1076-0173.
Title: Tax Credit Bonds for Bureau of Indian Affairs-Funded
Schools.
Brief Description of Collection: Submission of this information is
required to apply for allocations of the $400,000,000 in Tax Credit
Bonding Authority granted to the Secretary as a result of the ARRA of
2009. This bonding authority is for the purpose of the construction,
rehabilitation and repair of BIA-funded schools. The information
collection allows BIA to determine whether the project is eligible to
be considered for an allocation. No third party notification or public
disclosure burden is associated with this collection. Response is
required to obtain a benefit.
Type of Review: New collection.
Respondents: Indian Tribal governments.
Number of Respondents: 30.
Total Number of Responses: Once, on occasion.
Estimated Time per Response: 40 hours.
Estimated Total Annual Burden: 1,200 hours.
Dated: October 26, 2009.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
Appendix A
Application for Allocation of Tax-Credit Bonds for BIA-Funded Schools
Department of the Interior, Office of Facilities, Environmental and
Cultural Resources, Attention: Bernadette Myers, 2051 Mercator
Drive, Reston, Virginia 20191.
Dear Madam: The following constitutes the application
(``Application'') of (Name) (the ``Applicant'') for allocation of
tax-credit bonds pursuant to Title I, Sec. 1521 of the American
Recovery and Reinvestment Act to finance the project described
below. (If a single Application is used to request tax-credit bonds
for more than one project, then all of the required information in
the Application must be provided separately for each project.)
1. Name of Applicant/Issuer--------------------------------------------
Street Address---------------------------------------------------------
City-------------------------------------------------------------------
State------------------------------------------------------------------
Zip--------------------------------------------------------------------
Telephone Number-------------------------------------------------------
Fax Number-------------------------------------------------------------
EIN--------------------------------------------------------------------
2. Status of Issuer--(Select as appropriate)
The Applicant/Issuer is a ``qualified issuer'' under Sec.
7871(f) because it is--
(i) an Indian tribal entity that appears on the most recent list
published by the Department of Interior in the Federal Register
pursuant to the Federally Recognized Indian Tribe List Act of 1994,
Pub. L. 103-454, 108 Stat. 4791 (``List''), as demonstrated by the
attached documents included as Exhibit A.
(ii) an Indian tribal government which is acknowledged as a
federally recognized Indian tribe, as stated in a letter from the
Department of the Interior, as demonstrated by the attached
documents included as Exhibit A.
3. Name of Project-----------------------------------------------------
4. Detailed Description of the Project. A reasonably detailed
description of the facility to be financed (the ``Project'') is set
forth below or in attached Exhibit B.
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
If the Project is a joint Project, please describe in detail the
other owners of the project and the applicant's ownership interest
in the project.
5. Construction Commencement Date and Placed in Service Date. The
Applicant begun or expects to begin the construction, installation
and equipping of the Project on ----------. The Applicant expects
that the Project will be placed into service on or before --------
--.
6. Pool Issuances. Does the Applicant expect to have the tax-credit
bonds issued by a pool issuer or an ``on behalf of issuer''?
-----------------------------------------------------------------------
If the answer above is ``yes,'' please describe the pool issuer or
on behalf of issuer and provide a statement that the pool issuer is
an Indian tribal government or that the ``on behalf of issuer''
meets the requirements to be such an issuer under the rules
applicable to bonds in accordance with current IRS regulations.
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
7. Location of the Project:
Project address or physical location (do not include postal box
numbers or mailing address)
-----------------------------------------------------------------------
City-------------------------------------------------------------------
State------------------------------------------------------------------
Zip--------------------------------------------------------------------
Reservation where Project will be located: ----------------
Include in the attached Exhibit C a certification that the Project
will be located on the Applicant's reservation. If the tax-credit
bonds will be issued for a joint project please include in attached
Exhibit C a certification that the Project will be located on a
reservation of at least one of the Indian tribal governments
receiving an allocation with respect to such Project.
[[Page 56215]]
8. Individual to contact for more information about the Project:
Individual Name--------------------------------------------------------
Company Name-----------------------------------------------------------
Street Address---------------------------------------------------------
City-------------------------------------------------------------------
State------------------------------------------------------------------
Zip--------------------------------------------------------------------
Telephone Number-------------------------------------------------------
Fax Number-------------------------------------------------------------
Email Address----------------------------------------------------------
9. Regulatory Approvals. Identify each regulatory body, the action
that must be taken, status of any pending action, and the remaining
timeframe required to obtain each required approval. The plan of the
Applicant for obtaining such approvals is as follows (or attach an
Exhibit):
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
10. Plan of Financing. Include a reasonably detailed description of
the plan of financing for the Project, including all reasonably
expected sources and uses of financing and other funds, the status
of such financing, the anticipated date of bond issuance, the
sources of security and repayment for the bonds, the aggregate face
amount of bonds expected to be issued for the Project, and the
issuer's reasonably expected schedule for expending the proceeds of
the tax-credit bonds. Attached as Exhibit D is a plan of financing
for the Project.
11. Statement of Readiness.
a. Application from the First Allocation. Include in Exhibit E a
statement signed under penalties of perjury that the Issuer
reasonably expects to issue bonds pursuant to the requested
allocation within six months of the authorization.
b. Application from the Second Allocation. Include in Exhibit E a
statement signed under penalties of perjury that the Issuer
reasonably expects to issue bonds pursuant to the requested
allocation within six months of the authorization.
12. Dollar Amount of Allocation Requested for the Project. To
finance the Project, the Applicant hereby requests a tax-credit bond
allocation in the amount of $ --------.
13. Prior Allocations for the Project. (If the Project or any
Related Project (as defined in section 7.b.(2) of this Notice)
previously received a tax-credit bond allocation, then this
paragraph must include a statement to that effect.) [If applicable,
include the following statement: On (Insert date), the Project
previously received a tax-credit bond allocation in the amount of $
--------. A copy of the Indian Affairs allocation letter for that
allocation is attached.]
14. Assignment of allocations to another issuer. If the applicant
expects to assign its allocation to another qualified issuer of tax-
credit bonds as authority for the tax-credit bond issuer to issue
bonds for the project on behalf of the applicant, the applicant
should provide the following statement:
The Applicant expects to assign the requested allocation for
tax-credit bonds to a qualified issuer of tax-credit bonds as
authority for the tax-credit bond issuer to issue bonds for the
project on behalf of the Applicant. Applicant agrees to obtain a
written commitment from the assignee tax-credit bond issuer that it
is a qualified issuer of tax-credit bonds and that it will issue
tax-credit bonds for the project within the time frame specified in
the Application for the Applicant's bonds.
15. Penalty of Perjury Statement and Signatures.
I hereby certify that I am an authorized officer or official of the
Applicant, that I am duly authorized to execute legal documents on
behalf of the Applicant in connection with incurring debt, and that
I am duly authorized to execute legal documents on behalf of the
Applicant in making this Application. Under penalties of perjury, I
declare that (i) I have knowledge of the relevant facts and
circumstances relating to this Application and the Project(s), (ii)
I have examined this Application, and (iii) to the best of my
knowledge and belief, all of the facts contained in this Application
are true, correct and complete.
By:--------------------------------------------------------------------
Name:------------------------------------------------------------------
Title:-----------------------------------------------------------------
Date:------------------------------------------------------------------
Attach the following Exhibits:
Exhibit A
Documents Regarding Issuer Status as an Indian Tribal Government
(Response to Question 2 of the Application)
Exhibit B
Description of the Project (Response to Question 4 of the Application)
Exhibit C
Project Location on Indian Tribal Government Reservation
(Response to Question 7 of the Application)
Exhibit D
Plan of Financing (Response to Question 10 of the Application)
Exhibit E
Statement of Readiness to Issue (Response to Question 11 of the
Application)
I hereby certify that I am an authorized officer or official of
the Applicant, that I am duly authorized to execute legal documents
on behalf of the Applicant in connection with incurring debt, and
that I am duly authorized to execute legal documents on behalf of
the Applicant in making this Application. Under penalties of
perjury, I declare that the Applicant reasonably expects that bonds
issued pursuant to the tax-credit bond allocation to be received
will be issued within six months of authorization.
By:--------------------------------------------------------------------
Name:------------------------------------------------------------------
Title:-----------------------------------------------------------------
Date:------------------------------------------------------------------
Appendix B
Consent to Public Disclosure of Certain Tax-Credit Bond Application
Information
In the event that the Application of [----------------] (the
``Applicant'') for an allocation of authority to issue Tax Credit
Bonds to be used for the purpose of the construction,
rehabilitation, and repair of schools funded by the Bureau of Indian
Affairs (``Tax-Credit Bonds'') is approved, the undersigned
authorized representative of the Applicant hereby consents to the
disclosure by Department of the Interior through publication of a
Notice or a press release of the name of Applicant (issuer), the
type and location of the facility that is the subject of the
Application, and the amount of the tax-credit bond allocation for
such facility. The undersigned understands that this information
might be published, broadcast, discussed or otherwise disseminated
in the public record.
This authorization shall become effective upon the execution hereof.
I certify that I have the authority to execute this consent to
disclose on behalf of the Applicant named below.
Date:------------------------------------------------------------------
Signature:-------------------------------------------------------------
Print name:------------------------------------------------------------
Title:-----------------------------------------------------------------
Name of Applicant:-----------------------------------------------------
Applicant's Mailing Address:-------------------------------------------
-----------------------------------------------------------------------
[FR Doc. E9-26302 Filed 10-29-09; 8:45 am]
BILLING CODE 4310-4M-P
