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61298 Federal Register / Vol. 70, No.

203 / Friday, October 21, 2005 / Notices

and HUD regulations in 24 CFR Part 58, Lead Agencies DC 20410; telephone (202) 708–1234;
and EIS under the TRPA Code of For purposes of complying with TTY number for the hearing- and
Ordinances. NEPA and CEQA, Placer County is the speech-impaired (202) 708–2565, (these
The proposed development would Lead Agency and as the Responsible telephone numbers are not toll-free), or
consist of approximately 152 rental Entity under 24 CFR 58.2(a)(7) assumes call the toll-free Title V information line
housing units, 23 buildings, the responsibility for environmental at 1–800–927–7588.
approximately 41.7 percent site review, decisionmaking, and action that SUPPLEMENTARY INFORMATION: In
coverage, and a density of 12.4 units per would otherwise apply to HUD under accordance with the December 12, 1988
acre. All of the units would be NEPA. Respectively, section 104(g) of court order in National Coalition for the
affordable to families with incomes at or Title I of the Housing and Community Homeless v. Veterans Administration,
below 80 percent of the median income. Development Act (42 U.S.C. 5304(g)) No. 88–2503–OG (D.D.C.), HUD
An internal looped roadway system and section 288 of Title II of the publishes a Notice, on a weekly basis,
with separate points for both entry and Cranston-Gonzalez National Affordable identifying unutilized, underutilized,
exit is proposed as part of the project. Housing Act (42 U.S.C. 12838) authorize excess and surplus Federal buildings
National Avenue would provide the recipients of HUD assistance to assume and real property that HUD has
main access from State Route 28. Points NEPA responsibilities in projects reviewed for suitability for use to assist
of access to the complex from National involving CDBG for infrastructure the homeless. Today’s Notice is for the
Avenue that are being considered development and possibly HOME funds purpose of announcing that no
include: Grey Lane and Toyon Road, for affordable housing development. additional properties have been
with Wildwood Road via Estates Drive The TRPA is the Lead Agency for the determined suitable or unsuitable this
being an alternative or emergency access EIS written in accordance with Tahoe week.
road. A Class 1 bike trail and onsite Regional Planning Compact and TRPA’s Dated: October 13, 2005.
parking are also proposed for the site. Code of Ordinances. Mark R. Johnston,
Alternatives to the Proposed Action TRPA is a multi-state (California and
Director, Office of Special Needs Assistance
Nevada) agency that has its own Code Programs.
There are five alternatives to the of Ordinances. These are based on both
proposed action to be analyzed in the [FR Doc. 05–20873 Filed 10–20–05; 8:45 am]
CEQA and NEPA but there are some
EIR/EIS. The alternatives are all minor differences from both, hence the BILLING CODE 4210–29–M
variations of the site layout and density. necessity to do a three-way document
Alternative sites for the project were that will comply with CEQA, TRPA and
explored early in the process and it was DEPARTMENT OF HOUSING AND
NEPA. TRPA has its own procedures
determined that no other more viable URBAN DEVELOPMENT
and Code of Ordinances because it is
site was available. exempt from CEQA and California land [Docket No. FR–4728–N–05]
Alternative B, 132 Units use laws.
Questions may be directed to the Notice of Certain Operating Cost
Coverage Ratio: 38.6 percent individual named in this notice under Adjustment Factors for 2006
Population: 364 (Assuming 1 person/ the heading FOR FURTHER INFORMATION
bedroom) CONTACT. AGENCY: Office of the Assistant
Alternative C, 160 Units Secretary for Housing—Federal Housing
Dated: October 13, 2005.
Commissioner, HUD.
Coverage Ratio: 44.0 percent Pamela H. Patenaude,
ACTION: Publication of the 2006
Population: 452 (Assuming 1 person/ Assistant Secretary for Community Planning
and Development. Operating Cost Adjustment Factors
bedroom) (OCAFs) for Section 8 rent adjustments
[FR Doc. E5–5841 Filed 10–20–05; 8:45 am]
Alternative D, 144 Units at contract renewal under section 524 of
BILLING CODE 4210–27–P
the Multifamily Assisted Housing
Coverage Ratio: 30 percent
Population: 568 (Assuming 1 person/ Reform and Affordability Act of 1997
bedroom) DEPARTMENT OF HOUSING AND (MAHRA), as amended by the
URBAN DEVELOPMENT Preserving Affordable Housing for
Alternative E, 152 Units Senior Citizens and Families into the
[Docket No. FR–4980–N–42] 21st Century Act of 1999, and under the
Coverage Ratio: 50 percent
Population: 394 (Assuming 1 person/ Low-Income Housing Preservation and
Federal Property Suitable as Facilities Resident Homeownership Act of 1990
bedroom) To Assist the Homeless (LIHPRHA) Projects assisted with
Alternative F, No Project/No Action AGENCY: Office of the Assistant Section 8 Housing Assistance Payments.
If nothing were done, no additional Secretary for Community Planning and
SUMMARY: This notice establishes annual
affordable housing would be built. The Development, HUD.
factors used in calculating rent
project site would remain vacant. ACTION: Notice.
adjustments under section 524 of the
Probable Environmental Effects SUMMARY: This Notice identifies Multifamily Assisted Housing Reform
The following subject areas will be unutilized, underutilized, excess, and and Affordability Act of 1997 (MAHRA)
analyzed in the combined EIS/EIR for surplus Federal property reviewed by as amended by the Preserving
probable environmental effects: water HUD for suitability for possible use to Affordable Housing for Senior Citizens
quality, soils and geology, air quality, assist the homeless. and Families into the 21st Century Act
noise, transportation, vegetation, EFFECTIVE DATE: October 21, 2005. of 1999, and under the Low-Income
wildlife and scenic resources, cultural FOR FURTHER INFORMATION CONTACT:
Housing Preservation and Resident
and historic resources, land use, growth Kathy Ezzell, Department of Housing Homeownership Act of 1990
inducement, public services and public and Urban Development, Room 7262, (LIHPRHA).
utilities. 451 Seventh Street, SW., Washington, EFFECTIVE DATE: February 11, 2006.

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Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Notices 61299

FOR FURTHER INFORMATION CONTACT: The best current measures of cost per 1,000 cubic feet (monthly data are
Regina Aleksiewicz, Housing Project changes for the nine cost categories so erratic that annual averages offer a
Manager, Office of Housing Assistance were selected. The only categories for more reliable measure).
and Grant Administration, Department which current data are available at the Water and Sewer. 3/2004 to 3/2005
of Housing and Urban Development, State level are for fuel oil, electricity, Consumer Price Index, ‘‘All Urban
Office of Multifamily Housing, 451 and natural gas. Current price change Consumers, Water and Sewer and Trash
Seventh Street, SW., Washington, DC indices for the other six categories are Collection Services.’’
20410–8000; telephone (202) 708–3000; only available at the national level. The The sum of the nine cost components
extension 2600 (This is not a toll-free Department had the choice of using equals 100 percent of operating costs for
number). Hearing or speech-impaired dated State-level data or relatively purposes of OCAF calculations. To
individuals may access this number via current national data. It opted to use calculate the OCAFs, the selected
TTY by calling the toll-free Federal national data rather than data that inflation factors are multiplied by the
Information Relay Service at (800) 877– would be two or more years older (e.g., relevant State-level operating cost
8339. the most current local wage data are for percentages derived from the previously
SUPPLEMENTARY INFORMATION: 2003). referenced analysis of FHA insured
The OCAFs for 2006 differ from projects. For instance, if wages in
I. Operating Cost Adjustment Factors previous years’ OCAFs in that they Virginia comprised 50 percent of total
(OCAFs) operating cost expenses and wages
replace the overall Consumer Price
Section 514(e)(2) of MAHRA, requires Index change used as a surrogate for increased by 4 percent from March 2004
HUD to establish guidelines for rent property tax increases with the to March 2005, the wage increase
adjustments based on an operating cost Residential Property Tax Index from the component of the Virginia OCAF for
adjustment factor (OCAF). The Census Consumer Expenditure Survey 2006 would be 2.0 percent (4% × 50%).
legislation requiring HUD to establish (CES). Property taxes have started to This 2.0 percent would then be added
OCAFs for LIHPRHA projects and increase faster than overall consumer to the increases for the other eight
projects with contract renewals under prices, and the CES now provides expense categories to calculate the 2006
section 524 of MAHRA is similar in statistically reliable data. State-level OCAF for Virginia. These types of
wording and intent. HUD has therefore data are available from the Census calculations were made for each State
developed a single factor to be applied Survey of Local and State Governments, for each of the nine cost components,
uniformly to all projects utilizing but it includes tax revenues from non- and are included as the Appendix to
OCAFs as the method by which rents residential sites, which are significant, this Notice.
are adjusted. and does not adjust for changes in the II. MAHRA and LIHPRHA OCAF
Additionally, section 524 of the Act number and types of properties taxed. Procedures
gives HUD broad discretion in setting The data sources for the nine cost
OCAFs—referring simply to ‘‘operating MAHRA, as amended by the
indicators selected used were as
cost factors established by the Preserving Affordable Housing for
follows:
Secretary.’’ The sole exception to this Labor Costs. 3/2004 to 3/2005 Bureau Senior Citizens and Families into the
grant of authority is a specific of Labor Statistics (BLS), ‘‘Employment 21st Century Act of 1999, created the
requirement that application of an Cost Index, Private Sector Wages and Mark-to-Market Program to reduce the
OCAF shall not result in a negative rent cost of Federal housing assistance,
Salaries Component at the National
adjustment. OCAFs are to be applied enhance HUD’s administration of such
Level.’’
uniformly to all projects utilizing Employment Benefit Costs. 3/2004 to assistance, and to ensure the continued
OCAFs as the method by which rents 3/2005 Bureau of Labor Statistics (BLS) affordability of units in certain
are adjusted at the issuance of or during ‘‘Employment Cost Index, Employee multifamily housing projects. Section
the term of any contract entered into Benefits at the National Level.’’ 524 of MAHRA authorizes renewal of
pursuant to MAHRA. OCAFs are Property Taxes. 2002–2003 Census Section 8 project-based assistance
applied to project contract rent less debt Consumer Expenditure Survey (CES), contracts for projects without
service. ‘‘Residential Property Taxes.’’ Restructuring Plans under the Mark-to-
An analysis of cost data for FHA- Goods, Supplies, Equipment. 3/2004 Market Program, including renewals
insured projects showed that their to 3/2005 Bureau of Labor Statistics that are not eligible for Plans and those
operating expenses could be grouped (BLS) ‘‘Producer Price Index, Consumer for which the owner does not request
into nine categories: Wages, employee Goods Less Food and Energy.’’ Plans. Renewals must be at rents not
benefits, property taxes, insurance, Insurance. 3/2004 to 3/2005 Bureau of exceeding comparable market rents
supplies and equipment, fuel oil, Labor Statistics (BLS) ‘‘Consumer Price except for certain projects. For Section
electricity, natural gas, and water and Index, Tenant and Household 8 Moderate Rehabilitation projects,
sewer. Based on an analysis of these Residential Insurance Index.’’ other than single room occupancy
data, HUD derived estimates of the Fuel Oil. Energy Information Agency, projects (SROs) under the McKinney-
percentage of routine operating costs 2003 to 2004 consumption-weighted Vento Homeless Assistance Act
that were attributable to each of these annual average State prices for #2 (McKinney Act, 42 U.S.C. 11301 et seq.),
nine expense categories. Data for residential fuel oil (Department of that are eligible for renewal under
projects with unusually high or low Energy multi-state fuel oil grouping section 524(b)(3) of MAHRA, the
expenses due to unusual circumstances averages used for the States with too renewal rents are required to be set at
were deleted from analysis. little fuel oil consumption to have the lesser of: (1) The existing rents
States are the lowest level of values). under the expiring contract, as adjusted
geographical aggregation at which there Electricity. Energy Information by the OCAF; (2) fair market rents (less
are enough projects to permit statistical Agency, March 2004 ‘‘Electric Power any amounts allowed for tenant-
analysis. Additionally, no data were Monthly’’ report, Table 5.6.B. purchased utilities); or (3) comparable
available for the Western Pacific Islands. Natural Gas. Energy Information market rents for the market area.
Data for Hawaii was therefore used to Agency, Natural Gas, Residential Energy The Low-Income Housing
generate OCAFs for these areas. Price, 2000–2004 annual cost in dollars Preservation and Resident

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61300 Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Notices

Homeownership Act of 1990 MAINE—3.9 (Canis lupus) throughout locations in


(‘‘LIHPRHA’’) (see, in particular, section MARYLAND—4.1 northern Montana where the species is
222(a)(2)(G)(i) of LIHPRHA, 12 U.S. MASSACHUSETTS—5.2 listed as endangered. The applicant
4112 (a)(2)(G)) and the regulations at 24 MICHIGAN—4.4 proposes to conduct research and
MINNESOTA—4.2
CFR 248.145(a)(9) requires that future MISSISSIPPI—3.4
monitoring of wolf populations,
rent adjustments for LIHPRHA projects MISSOURI—3.6 implement proactive strategies, and
be made by applying an annual factor to MONTANA—5.4 conduct, or direct, non-lethal and lethal
be determined by the Secretary to the NEBRASKA—3.9 control actions to reduce or resolve
portion of project rent attributable to NEVADA—3.8 wolf-livestock and dog conflicts and
operating expenses for the project and, NEW HAMPSHIRE—5.7 human safety concerns, as is currently
where the owner is a priority purchaser, NEW JERSEY—4.1 conducted by the U.S. Fish and Wildlife
to the portion of project rent attributable NEW MEXICO—3.5 Service (Service) and in accordance
to project oversight costs. NEW YORK—4.5 with the 1999 Interim Wolf Control
N. CAROLINA—3.4
N. DAKOTA—3.9
Plan. If the permit is issued, the
III. Findings and Certifications
OHIO—3.9 applicant would assume responsibility
Environmental Impact OKLAHOMA—3.7 from the Service for managing wolves in
This issuance sets forth rate OREGON—3.5 northwestern Montana. Take for control
determinations and related external PENNSYLVANIA—4.2 purposes would be consistent with the
administrative requirements and RHODE ISLAND—3.4 State Management Plan for wolves and
S. CAROLINA—3.6 the 1999 Interim Wolf Control Plan,
procedures that do not constitute a S. DAKOTA—4.2
development decision affecting the which provide conditions on when wolf
TENNESSEE—3.4 control is appropriate, including the
physical condition of specific project TEXAS—4.1
areas or building sites. Accordingly, UTAH—3.6
following requirements—clear evidence
under 24 CFR 50.19(c)(6), this notice is VERMONT—4.0 that wolves were responsible for the
categorically excluded from VIRGINIA—3.6 livestock injury or death; reason to
environmental review under the WASHINGTON—3.5 believe that additional losses would
National Environmental Policy Act of W. VIRGINIA—3.8 occur if the problem wolf or wolves
1969 (42 U.S.C. 4321). WISCONSIN—4.2 were not controlled; that livestock
WYOMING—4.2 grazing on Federal lands be in
Executive Order 13132, Federalism PACIFIC ISLANDS—3.4 compliance with approved management
PUERTO RICO—2.9 plans and annual operating plans for
This notice does not have federalism VIRGIN ISLANDS—3.6
implications and does not impose U.S. AVERAGE—4.0
allotments; and, that lethal control be
substantial direct compliance costs on authorized in writing prior to its
[FR Doc. E5–5842 Filed 10–20–05; 8:45 am]
state and local governments or preempt implementation when possible. Non-
BILLING CODE 4210–27–P
State law within the meaning of lethal control would involve harassing
Executive Order 13132 (entitled wolves by using rubber bullets,
‘‘Federalism’’). projectile bean bags, or other scare
DEPARTMENT OF THE INTERIOR tactics. These activities are aimed at
Catalog of Federal Domestic Assistance enhancement of survival for the species
Number Fish and Wildlife Service
in the wild. The Service has determined
The Catalog of Federal Domestic Endangered Species Recovery Permits that a practical, responsive management
Assistance Number for this program is and Applications program including control is essential to
14.187. the wolf recovery effort (Service 1999).
Dated: October 6, 2005. AGENCY: Fish and Wildlife Service, If issued, the permit would not affect
Frank L. Davis, Interior. ongoing wolf management in the
General Deputy Assistant Secretary for ACTION: Notice of availability and remainder of the State of Montana
Housing. receipt of application. conducted in accordance with the non-
essential experimental population
APPENDIX SUMMARY: The following applicant has regulations found at 50 CFR 17.40(n).
Operating Cost Adjustment Factors for 2006 applied for a permit to conduct certain Additional information about wolf
(percent) activities with endangered species recovery and conservation in the
pursuant to section 10(a)(1)(A) of the northwestern United States, including
ALABAMA—3.3
ALASKA—5.0 Endangered Species Act of 1973, as control of problem wolves, can be found
ARIZONA—3.9 amended (Act). This notice is provided in various reports at http://
ARKANSAS—3.6 pursuant to section 10(c) of the Act. westerngraywolf.fws.gov/.
CALIFORNIA—3.0 DATES: Written data or comments must
COLORADO—5.2
Availability of Documents:
be received November 21, 2005. Documents and other information
CONNECTICUT—4.4
ADDRESSES: Written data or comments submitted with this permit are available
DELAWARE—5.9
DIST. OF COLUMBIA—3.6 should be submitted to the Assistant for review, subject to the requirements
FLORIDA—3.6 Regional Director-Ecological Services, of the Privacy Act (5 U.S.C. 552a) and
GEORGIA—3.9 U.S. Fish and Wildlife Service, P.O. Box Freedom of Information Act (5 U.S.C.
HAWAII—3.8 25486, Denver Federal Center, Denver, 552), by any party who submits a
IDAHO—3.8 Colorado 80225–0486. written request for a copy of such
ILLINOIS—4.0
SUPPLEMENTARY INFORMATION: Permit documents within 20 days of the date of
INDIANA—4.0
IOWA—5.5 Application Number—TE–105504. publication of this notice to Kris Olsen,
KANSAS—4.2 Applicant—Montana Department of by mail (see ADDRESSES) or by telephone
KENTUCKY—4.2 Fish, Wildlife and Parks. The applicant at 303–236–4256. A copy of the
LOUISIANA—3.4 requests a permit to take the gray wolf application is available for public

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