Title 25, IndiansRelease 119-110

§1497a Supplemental Surety Bond Guarantee

Title 25 › CHAPTER 17 — FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS › SUBCHAPTER II — LOAN GUARANTY AND INSURANCE › § 1497a

Last updated Sep 22, 2026|Official source

Summary

The Secretary can give an extra surety bond guarantee of up to 20 percent to an eligible Indian person or Indian-owned business that already qualifies under the surety guarantee law in Title 15, so the two guarantees together equal 100 percent of the bond. The Secretary may only do this if the person or business has secured or likely will secure the first guarantee, if the extra guarantee is needed to get the bond, if no more than 25 percent of the surety’s business is made up of these extra-guaranteed bonds, and if the surety will help, advise, and monitor the borrower to prevent losses. The Secretary must set reasonable fees for the Indian person or business and reasonable premiums for sureties, may consider the surety’s costs, and must deposit the receipts into the Fund established by section 1497(a).

Full Legal Text

Title 25, §1497a

Indians, Source: USLM XML via OLRC

(a)Amount; eligibility
The Secretary is authorized to provide a supplemental surety bond guarantee, not to exceed 20 percent of any loss, for any Indian individual or economic enterprise eligible for a surety guarantee under section 694b of title 15, so that the aggregate of the two guarantees is 100 percent.
(b)Conditions
The Secretary may provide a supplemental guarantee under this section only if the Secretary determines that—
(1)the Indian individual or economic enterprise has secured or will likely secure a surety bond guarantee under section 694b of title 15;
(2)the supplemental guarantee is necessary for the Indian individual or economic enterprise to secure a surety bond;
(3)no more than 25 percent of the surety’s business is comprised of bonds guaranteed pursuant to this section; and
(4)the surety will provide appropriate technical assistance and advice to, and monitor the performance of, the Indian individual or economic enterprise for the prevention or mitigation of a loss.
(c)Fees and charges
The rules and regulations promulgated by the Secretary to carry out this section shall include the setting of reasonable fees to be paid by the Indian individual or economic enterprise and reasonable premium charges to be paid by sureties. In setting fees and charges, the Secretary may take into consideration the cost to the surety of providing the services required by paragraph (4) of subsection (b). The receipts from the fees and charges shall be deposited in the Fund established by section 1497(a) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 218 of Pub. L. 93–262 was renumbered section 219 by Pub. L. 100–442 and is classified to section 1498 of this title.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1497a

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110