Title 42, The Public Health and WelfareRelease 119-110

§16501 Commercial Byproducts From Municipal Solid Waste and Cellulosic Biomass Loan Guarantee Program

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER XIV — ETHANOL AND MOTOR FUELS › § 16501

Last updated Sep 22, 2026|Official source

Summary

Creates a program where the Secretary must guarantee loans made by private lenders to build plants that turn municipal solid waste (as defined in section 6903) and cellulosic biomass into fuel ethanol and other commercial byproducts. The Secretary may guarantee a loan only if the borrower cannot get reasonable credit otherwise, the borrower’s earnings and the pledged security give a reasonable chance the loan will be repaid, and the interest rate is reasonable compared with current average yields on U.S. government securities of similar maturity. When picking who gets guarantees, the Secretary must prefer projects that have required federal and state permits, are most likely to succeed, and serve markets with the biggest need because of limited landfill space, available biomass, or high demand for ethanol or other byproducts. Guaranteed loans may mature in no more than 20 years, cannot be changed without the Secretary’s consent, must have at least 20 percent repayment assurance (bond, insurance, collateral, or similar), require the borrower to pay an administrative fee, are backed by the full faith and credit of the United States, require yearly reports to Congress until paid off, may be funded as needed, and the authority to issue guarantees ends 10 years after August 8, 2005.

Full Legal Text

Title 42, §16501

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definition of municipal solid waste
In this section, the term “municipal solid waste” has the meaning given the term “solid waste” in section 6903 of this title.
(b)Establishment of program
The Secretary shall establish a program to provide guarantees of loans by private institutions for the construction of facilities for the processing and conversion of municipal solid waste and cellulosic biomass into fuel ethanol and other commercial byproducts.
(c)Requirements
The Secretary may provide a loan guarantee under subsection (b) to an applicant if—
(1)without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (b);
(2)the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and
(3)the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.
(d)Criteria
In selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that—
(1)meet all applicable Federal and State permitting requirements;
(2)are most likely to be successful; and
(3)are located in local markets that have the greatest need for the facility because of—
(A)the limited availability of land for waste disposal;
(B)the availability of sufficient quantities of cellulosic biomass; or
(C)a high level of demand for fuel ethanol or other commercial byproducts of the facility.
(e)Maturity
A loan guaranteed under subsection (b) shall have a maturity of not more than 20 years.
(f)Terms and conditions
The loan agreement for a loan guaranteed under subsection (b) shall provide that no provision of the loan agreement may be amended or waived without the consent of the Secretary.
(g)Assurance of repayment
The Secretary shall require that an applicant for a loan guarantee under subsection (b) provide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan.
(h)Guarantee fee
The recipient of a loan guarantee under subsection (b) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee.
(i)Full faith and credit
The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the loan for the guarantee with respect to principal and interest. The validity of the guarantee shall be incontestable in the hands of a holder of the guaranteed loan.
(j)Reports
Until each guaranteed loan under this section has been repaid in full, the Secretary shall annually submit to Congress a report on the activities of the Secretary under this section.
(k)Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(l)Termination of authority
The authority of the Secretary to issue a loan guarantee under subsection (b) terminates on the date that is 10 years after August 8, 2005.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16501

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110