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43 U.S.C. § 422eContract requirements

submitted 70 years ago by ch. 972 to r/title-43-PUBLIC-LANDS · 702 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets rules for reclamation loan and grant contracts. It caps how big a loan or grant can be and sets a repayment plan with interest. It also requires safeguards to make sure loans get repaid and follow power-sale preference rules.

(a) Maximum loan amount Once the Secretary approves a project proposal, the Secretary can negotiate a contract. The contract sets the maximum loan to the organization and how and when it is paid out. The loan cannot be more than the smaller of two amounts: two-thirds of the project's maximum allowable estimated cost under section 422b(f); or the project's total estimated cost, minus the organization's own contribution and any approved grant. (b) Maximum grant amount The contract also sets the maximum grant to the organization. The grant cannot exceed the sum of: (1) the cost of studies, surveys, engineering, and other prep work tied to fish and wildlife enhancement or public recreation; (2) half the cost of buying land used only for fish and wildlife or recreation, plus the fish-and-wildlife-and-recreation share of land used for several purposes; (3) half the cost of basic outdoor recreation facilities, or facilities used only for fish and wildlife; (4) half the fish-and-wildlife-and-recreation share of building facilities used for several purposes; (5) the part of construction costs that would not need to be repaid if this were an ordinary federal reclamation project, for purposes other than recreation, fish and wildlife, and flood control; and (6) the part of construction costs allocated to flood control that would not need to be repaid under the rules for Army Corps of Engineers projects. (c) Repayment plan The contract sets a repayment plan. (1) The organization must repay the loan within 40 years of when the project's main benefits start. (2) The loan carries interest, set by the Secretary of the Treasury at the start of the contract's fiscal year. The rate is based on average market yields on U.S. government bonds with a similar time to maturity, rounded to the nearest eighth of a percent. This interest applies to the part of the unpaid loan that: (A) covers irrigation benefits to privately owned land beyond 320 irrigable acres, held by a qualified or limited recipient as defined in section 390bb; or (B) is allocated to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or recreation. However, no interest applies to the part of that allocation that benefits a facility run by a federal agency. (d) Operation if a grant depends on nonreimbursable functions If a grant depends on the project performing functions that do not need to be repaid, the contract must require the project to be operated under rules set by the federal agency in charge of those functions. If the organization does not follow those rules, the United States can take over operation, or the organization must repay the grant. (e) Repayment assurance The contract includes whatever terms the Secretary thinks are needed to assure and secure prompt repayment of the loan and interest. The United States is only liable under the contract if Congress has appropriated the money to cover it, and the contract must say so. (f) Power-sale preference If the project will produce electric power for sale, the contract must follow the preference requirements in the proviso to section 485h(c) of this title.
the actual law source: uscode.house.gov ↗public domain

Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title, he may negotiate a contract which shall set out, among other things—

(a)

the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) two-thirds of the maximum allowable estimated total project cost as determined by section 422b(f) of this title, or (2) the estimated total cost of the project minus the contribution of the local organization as provided in section 422d(b) of this title and the amount of the grant approved;

(b)

the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein to serve exclusively the purposes of fish and wildlife enhancement or public recreation, plus the costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; (5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army.1

(c)

a plan of repayment by the organization of (1) the sums lent to it in not more than forty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the average market yields on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest one-eighth of 1 percent on the unamortized balance of any portion of the loan—

(A)

which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient or by a limited recipient, as such terms are defined in section 390bb of this title, in excess of three hundred and twenty irrigable acres; or,

(B)

which is allocated to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation except that portion of such allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest.1

(d)

provision for operation of the project, if a grant predicated upon its performance of nonreimbursable functions is made, in accordance with regulations with respect thereto prescribed by the head of the Federal department or agency primarily concerned with those functions and, in the event of noncompliance with such regulations, for operation by the United States or for repayment to the United States of the amount of any such grant;

(e)

such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan and interest as aforesaid. The liability of the United States under any contract entered into pursuant to this subchapter shall be contingent upon the availability of appropriations to carry out the same, and every such contract shall so recite; and

(f)

provisions conforming to the preference requirements contained in the proviso to section 485h(c) of this title, if the project produces electric power for sale.

Source credit: (Aug. 6, 1956, ch. 972, § 5, 70 Stat. 1046; Pub. L. 85–47, § 1(c), June 5, 1957, 71 Stat. 49; Pub. L. 89–553, § 1(4), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92–167, § 1(3)–(6), Nov. 24, 1971, 85 Stat. 488; Pub. L. 94–181, § 1(f), Dec. 27, 1975, 89 Stat. 1050; Pub. L. 96–336, § 8(b), Sept. 4, 1980, 94 Stat. 1065; Pub. L. 97–293, title II, § 223, Oct. 12, 1982, 96 Stat. 1272; Pub. L. 99–546, title III, §§ 306, 307, Oct. 27, 1986, 100 Stat. 3054.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 6, 1956, ch. 972 · 70 Stat. 1046
  • 1957Amended · Pub. L. 85-47 · 71 Stat. 49
  • 1966Amended · Pub. L. 89-553 · 80 Stat. 376
  • 1971Amended · Pub. L. 92-167 · 85 Stat. 488
  • 1975Amended · Pub. L. 94-181 · 89 Stat. 1050
  • 1980Amended · Pub. L. 96-336 · 94 Stat. 1065
  • 1982Amended · Pub. L. 97-293 · 96 Stat. 1272
  • 1986Amended · Pub. L. 99-546 · 100 Stat. 3054

A history note hasn’t been published yet. The record shows enactment by ch. 972 on 1956-08-06.

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