42 U.S.C. § 8813: Insured loans

Summary

The Secretary of Agriculture can make insured loans up to $1,000,000 per project to build small-scale biomass energy projects. Each loan may cover no more than 90% of the project’s estimated construction cost. The interest rate is set by the Secretary using the average market yield on similar U.S. government securities plus up to 1%, rounded to the nearest one‑eighth of one percent. If costs later rise, the Secretary may, on request, add a loan for up to 10% more than the original estimated cost. Loans must come from the Agricultural Credit Insurance Fund or the Rural Development Insurance Fund and only if Congress provides the money in advance. The total of loans and administrative costs cannot exceed the amount appropriated under section 8803. The Funds are repaid for operating and admin costs from those appropriations, and the money cannot be used for other purposes. “Insured loan” means a loan that is made, sold, and insured. Applicants must show they cannot get enough credit elsewhere at reasonable rates and terms, considering private and cooperative lending.

Title 42, §8813

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

(a)Authority of Secretary of Agriculture; maximum amount per project

Subject to section 8812 and 8817 of this title, the Secretary of Agriculture may commit to make, and make, insured loans in amounts not to exceed $1,000,000 per project for the construction of small-scale biomass energy projects.

(b)Estimated project construction costs as determinative of initial and revised amount of loan; interest rate

(1)Any insured loan under this section—

(A)may not exceed 90 per centum of the total estimated cost of construction of the biomass energy project involved, and

(B)shall bear interest at rates determined by the Secretary of Agriculture, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus not to exceed one per centum, as determined by the Secretary of Agriculture, and adjusted to the nearest one-eighth of one per centum.

(2)In the event the total estimated costs of construction of the project thereafter exceed the total estimated costs initially determined by the Secretary of Agriculture, the Secretary may in addition, upon application therefor, make an insured loan for so much of the additional estimated total costs as does not exceed 10 per centum of the total costs initially estimated.

(c)Funding requirements; “insured loan” defined

(1)The Secretary of Agriculture shall make insured loans under this section using, to the extent provided in advance in appropriations Acts, the Agricultural Credit Insurance Fund in section 309 of the Consolidated Farm and Rural Development Act [7 U.S.C. 1929] or the Rural Development Insurance Fund in section 309A of such Act [7 U.S.C. 1929a] (hereinafter in this section referred to as the “Funds”). The Secretary of Agriculture may not use an aggregate amount of funds to make or commit to make insured loans under this section in excess of the aggregate amount for insured loans and administrative costs appropriated and transferred under section 8803 of this title. The terms, conditions, and requirements applicable to such insured loans shall be in accordance with this subchapter.

(2)There shall be reimbursed to the Funds, from appropriations made under section 8803 of this title, amounts equal to the operating and administrative costs incurred by the Secretary of Agriculture in insuring loans under this section.

(3)Notwithstanding any provision of the Consolidated Farm and Rural Development Act [7 U.S.C. 1921 et seq.], no funds made available to the Secretary of Agriculture under this section for insured loans shall be used for any other purpose.

(4)For purposes of this section, the term “insured loan” means a loan which is made, sold, and insured.

(d)Preconditions

An insured loan may not be made under this section unless the applicant for such loan has established to the satisfaction of the Secretary that the applicant is unable without such a loan to obtain sufficient credit elsewhere at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms for loans for similar purposes and periods of time, to finance the construction of the biomass energy project for which such loan is sought.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Consolidated Farm and Rural Development Act, referred to in subsec. (c)(3), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see

Short Title

note set out under section 1921 of Title 7 and Tables.

§8813 Insured Loans