2015 US Code
Title 33 - Navigation and Navigable Waters (Sections 1 - 4009)
Chapter 52 - Water Infrastructure Finance and Innovation (Sections 3901 - 3914)
Sec. 3908 - Secured loans
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 52 - WATER INFRASTRUCTURE FINANCE AND INNOVATION Sec. 3908 - Secured loans |
Contains | section 3908 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 113-121, title V, §5029, June 10, 2014, 128 Stat. 1338. |
Statutes at Large Reference | 128 Stat. 1338 |
Public and Private Law | Public Law 113-121 |
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Subject to paragraphs (2) and (3), the Secretary or the Administrator, as applicable, may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used to finance eligible project costs of any project selected under section 3907 of this title.
(2) Financial risk assessmentBefore entering into an agreement under this subsection for a secured loan, the Secretary or the Administrator, as applicable, in consultation with the Director of the Office of Management and Budget and each rating agency providing a rating opinion letter under section 3907(a)(1)(D) of this title, shall determine an appropriate capital reserve subsidy amount for the secured loan, taking into account each such rating opinion letter.
(3) Investment-grade rating requirementThe execution of a secured loan under this section shall be contingent on receipt by the senior obligations of the project of an investment-grade rating.
(b) Terms and limitations(1) In generalA secured loan provided for a project under this section shall be subject to such terms and conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits), as the Secretary or the Administrator, as applicable, determines to be appropriate.
(2) Maximum amountThe amount of a secured loan under this section shall not exceed the lesser of—
(A) an amount equal to 49 percent of the reasonably anticipated eligible project costs; and
(B) if the secured loan does not receive an investment-grade rating, the amount of the senior project obligations of the project.
(3) PaymentA secured loan under this section—
(A) shall be payable, in whole or in part, from State or local taxes, user fees, or other dedicated revenue sources that also secure the senior project obligations of the relevant project;
(B) shall include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and
(C) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations.
(4) Interest rateThe interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement.
(5) Maturity date(A) In generalThe final maturity date of a secured loan under this section shall be the earlier of—
(i) the date that is 35 years after the date of substantial completion of the relevant project (as determined by the Secretary or the Administrator, as applicable); and
(ii) if the useful life of the project (as determined by the Secretary or Administrator, as applicable) is less than 35 years, the useful life the project.
(B) Special rule for State infrastructure financing authoritiesThe final maturity date of a secured loan to a State infrastructure financing authority under this section shall be not later than 35 years after the date on which amounts are first disbursed.
(6) NonsubordinationA secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor of the project.
(7) FeesThe Secretary or the Administrator, as applicable, may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section.
(8) Non-Federal shareThe proceeds of a secured loan under this section may be used to pay any non-Federal share of project costs required if the loan is repayable from non-Federal funds.
(9) Maximum Federal involvement(A) In generalExcept as provided in subparagraph (B), for each project for which assistance is provided under this chapter, the total amount of Federal assistance shall not exceed 80 percent of the total project cost.
(B) ExceptionsSubparagraph (A) shall not apply to any rural water project—
(i) that is authorized to be carried out by the Secretary of the Interior;
(ii) that includes among its beneficiaries a federally recognized Indian tribe; and
(iii) for which the authorized Federal share of the total project costs is greater than the amount described in subparagraph (A).
(c) Repayment(1) ScheduleThe Secretary or the Administrator, as applicable, shall establish a repayment schedule for each secured loan provided under this section, based on the projected cash flow from project revenues and other repayment sources.
(2) Commencement(A) In generalScheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project (as determined by the Secretary or Administrator, as applicable).
(B) Special rule for State infrastructure financing authoritiesScheduled loan repayments of principal or interest on a secured loan to a State infrastructure financing authority under this chapter shall commence not later than 5 years after the date on which amounts are first disbursed.
(3) Deferred payments(A) AuthorizationIf, at any time after the date of substantial completion of a project for which a secured loan is provided under this section, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary or the Administrator, as applicable, subject to subparagraph (C), may allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
(B) InterestAny payment deferred under subparagraph (A) shall—
(i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and
(ii) be scheduled to be amortized over the remaining term of the secured loan.
(C) Criteria(i) In generalAny payment deferral under subparagraph (A) shall be contingent on the project meeting such criteria as the Secretary or the Administrator, as applicable, may establish.
(ii) Repayment standardsThe criteria established under clause (i) shall include standards for reasonable assurance of repayment.
(4) Prepayment(A) Use of excess revenuesAny excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty.
(B) Use of proceeds of refinancingA secured loan under this section may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources.
(d) Sale of secured loans(1) In generalSubject to paragraph (2), as soon as practicable after the date of substantial completion of a project and after providing a notice to the obligor, the Secretary or the Administrator, as applicable, may sell to another entity or reoffer into the capital markets a secured loan for a project under this section, if the Secretary or the Administrator, as applicable, determines that the sale or reoffering can be made on favorable terms.
(2) Consent of obligorIn making a sale or reoffering under paragraph (1), the Secretary or the Administrator, as applicable, may not change the original terms and conditions of the secured loan without the written consent of the obligor.
(e) Loan guarantees(1) In generalThe Secretary or the Administrator, as applicable, may provide a loan guarantee to a lender in lieu of making a secured loan under this section, if the Secretary or the Administrator, as applicable, determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan.
(2) TermsThe terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary or the Administrator, as applicable.
(Pub. L. 113–121, title V, §5029, June 10, 2014, 128 Stat. 1338.)
"SECRETARY" DEFINEDSecretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
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