Operating reserve and equity contribution requirements; regulations to implement adjustment by negotiated rulemaking procedure
(1)
(1)#
the 3 3 So in original. Probably should be capitalized. Secretary—
(A) may require that the initial operating reserve under this section may be in the form of an irrevocable letter of credit; and
(B) except as provided in paragraph (2), may require not more than a 3 percent contribution to equity, except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of title 26 .
(2)#
The Secretary may adjust the amount of equity contribution to ensure that assistance provided is not more than is necessary to provide affordable housing after taking account of assistance from all Federal, State, and local sources.
(3)#
Not later than 60 days after August 6, 1996 , the Secretary shall issue regulations to implement subsection (r)(2) in accordance with the negotiated rulemaking procedures set forth in subchapter III of chapter 5 of title 5: Provided , That if the negotiated rulemaking is not completed within the designated time, the Secretary shall proceed to promulgate regulations under the rulemaking authority contained in section 557 of title 5 .