43 U.S.C. § 2213: Loans

Summary

The Secretary of the Interior can make loans to water users to build, manage, conserve, buy, or transport water under State law when those projects are likely to help reduce drought losses, including harm to fish and wildlife. The Secretary sets loan terms, but applicants must prove they can repay the loan. Interest will be the rate the Secretary of the Treasury sets using average market yields on comparable U.S. marketable obligations. Repayment must start when the loan is signed and cannot exceed 15 years. Sections 390cc(a), 390tt, and sections 105 and 106 of Public Law 99–546 do not apply. The Secretary must notify the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources in writing at least 30 days before final approval.

Title 43, §2213

Public Lands, Source: USLM XML via OLRC

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. section 390cc(a) and 390tt of this title and section 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 105 and 106 of Public Law 99–546, referred to in text, are section 105 and 106 of Pub. L. 99–546, title I, Oct. 27, 1986, 100 Stat. 3051, 3052, relating to the automatic adjustment of rates for contracts for delivery of water from the Central Valley project in California, and provisions of such contracts requiring repayment by project water contractors of any deficits in payments of operation and maintenance costs, respectively, and are not classified to the Code.

Amendments

1994—Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.

Statutory Notes and Related Subsidiaries

Termination of AuthoritiesFor provisions directing that authorities established under this subchapter shall terminate ten years after Mar. 5, 1992, see section 2214(c) of this title.

§2213 Loans