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43 U.S.C. § 2213Loans

submitted 34 years ago by Pub. L. 102-250 to r/title-43-PUBLIC-LANDS · 255 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can make drought-related loans to water users for specified projects and activities. The section sets repayment, interest, term, notice, and other conditions.

The Secretary of the Interior may make loans to water users for construction, management, conservation activities, or the acquisition and transportation of water consistent with State law. The activities must be expected to help reduce losses and damages caused by drought, including losses and damages suffered by fish and wildlife. The Secretary must make these loans available under terms and conditions the Secretary considers appropriate. But the Secretary may not approve a loan unless the applicant can show the ability to repay it within the loan’s term. For every loan the Secretary approves under this section, the interest rate must be the rate set by the Secretary of the Treasury. That rate must be based on the average market yields for outstanding marketable obligations of the United States with maturity periods comparable to the loan’s repayment period. The repayment period for a loan issued under this section may not exceed 15 years. The repayment period must begin when the loan is executed. Sections 390cc(a) and 390tt of this title and sections 105 and 106 of Public Law 99–546 do not apply to a contract to repay the loan. At least 30 days before giving final approval, the Secretary must notify in writing the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources about any loan the Secretary intends to approve.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized to make loans to water users for the purposes of undertaking construction, management, conservation activities, or the acquisition and transportation of water consistent with State law, that can be expected to have an effect in mitigating losses and damages, including those suffered by fish and wildlife, resulting from drought conditions. Such loans shall be made available under such terms and conditions as the Secretary deems appropriate: Provided, That the Secretary shall not approve any loan unless the applicant can demonstrate an ability to repay such loan within the term of the loan: Provided further, That for all loans approved by the Secretary under the authority of this section, the interest rate shall be the rate determined by the Secretary of the Treasury based on average market yields on outstanding marketable obligations of the United States with periods to maturity comparable to the repayment period of the loan. The repayment period for loans issued under this section shall not exceed fifteen years. The repayment period for such loans shall begin when the loan is executed. Sections 390cc(a) and 390tt of this title and sections 105 and 106 of Public Law 99–546 shall not apply to any contract to repay such loan. The Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives in writing of any loan which the Secretary intends to approve not less than thirty days prior to granting final approval.

Source credit: (Pub. L. 102–250, title I, § 103, Mar. 5, 1992, 106 Stat. 55; Pub. L. 103–437, § 16(a)(6), Nov. 2, 1994, 108 Stat. 4594.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-250 · 106 Stat. 55
  • 1994Amended · Pub. L. 103-437 · 108 Stat. 4594

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-250 on 1992-03-05.

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