Indian Gaming; Tribal-State Class III Gaming Compact Taking Effect in the State of New Mexico, 49654 [2017-23343]
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49654
Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices
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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.
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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
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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
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
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).
SUMMARY:
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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[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Page 49654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23343]
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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
