Loan guarantees

33 U.S.C. § 1293

• Title: 33 — Navigation and Navigable Waters
• Chapter: SUBCHAPTER II—GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

Text

(a) State or local obligations issued exclusively to Federal Financing Bank for publicly owned treatment works; determination of eligibility of project by Administrator
Subject to the conditions of this section and to such terms and conditions as the Administrator determines to be necessary to carry out the purposes of this subchapter, the Administrator is authorized to guarantee, and to make commitments to guarantee, the principal and interest (including interest accruing between the date of default and the date of the payment in full of the guarantee) of any loan, obligation, or participation therein of any State, municipality, or intermunicipal or interstate agency issued directly and exclusively to the Federal Financing Bank to finance that part of the cost of any grant-eligible project for the construction of publicly owned treatment works not paid for with Federal financial assistance under this subchapter (other than this section), which project the Administrator has determined to be eligible for such financial assistance under this subchapter, including, but not limited to, projects eligible for reimbursement under section 1286 of this title.
(b) Conditions for issuance
No guarantee, or commitment to make a guarantee, may be made pursuant to this section—
(1) unless the Administrator certifies that the issuing body is unable to obtain on reasonable terms sufficient credit to finance its actual needs without such guarantee; and
(2) unless the Administrator determines that there is a reasonable assurance of repayment of the loan, obligation, or participation therein.
A determination of whether financing is available at reasonable rates shall be made by the Secretary of the Treasury with relationship to the current average yield on outstanding marketable obligations of municipalities of comparable maturity.
(c) Fees for application investigation and issuance of commitment guarantee
The Administrator is authorized to charge reasonable fees for the investigation of an application for a guarantee and for the issuance of a commitment to make a guarantee.
(d) Commitment for repayment
The Administrator, in determining whether there is a reasonable assurance of repayment, may require a commitment which would apply to such repayment. Such commitment may include, but not be limited to, any funds received by such grantee from the amounts appropriated under section 1286 of this title.

History

(June 30, 1948, ch. 758, title II, §213, as added Pub. L. 94–558, Oct. 19, 1976, 90 Stat. 2639; amended Pub. L. 96–483, §2(e), Oct. 21, 1980, 94 Stat. 2361.)

Editorial Notes

Editorial Notes

Amendments
1980—Subsec. (d). Pub. L. 96–483 struck out "(1) all or any portion of the funds retained by such grantee under section 1284(b)(3) of this title, and (2)" after "limited to".

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment
Amendment by Pub. L. 96–483 effective Dec. 27, 1977, see section 2(g) of Pub. L. 96–483, set out as a note under section 1281 of this title.