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33 U.S.C. § 1293Loan guarantees

submitted 78 years ago by Pub. L. 94-558 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 367 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Administrator guarantee certain Federal Financing Bank loans for eligible publicly owned treatment works. It requires proof of need and repayment ability and allows fees and repayment commitments.

(a) Subject to this section and necessary subchapter conditions, the Administrator may guarantee, or commit to guarantee, principal and interest—including interest from default until full payment—on a loan, obligation, or participation issued directly and exclusively to the Federal Financing Bank by a State, municipality, or intermunicipal or interstate agency. The financing must cover the unpaid part of a grant-eligible publicly owned treatment-works project that the Administrator found eligible, including projects eligible for section 1286 reimbursement. (b) No guarantee or commitment may be made unless the Administrator certifies that the issuer cannot obtain enough credit on reasonable terms for its actual needs without the guarantee and finds reasonable assurance of repayment. The Treasury Secretary decides whether rates are reasonable by comparing them with the current average yield on marketable municipal obligations of similar maturity. (c) The Administrator may charge reasonable fees to investigate an application and issue a guarantee commitment. (d) To find reasonable repayment assurance, the Administrator may require a repayment commitment, including funds the grantee receives under section 1286.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1948Enacted · Pub. L. 94-558 · 90 Stat. 2639
  • 1980Amended · Pub. L. 96-483 · 94 Stat. 2361

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-558 on 1948-06-30.

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