43 U.S.C. § 2421: Definitions

Summary

Defines key words used for loan guarantees tied to water and reclamation projects. Indian tribe — meaning given in section 5304 of title 25. Lender — either a non‑Federal qualified institutional buyer (see 17 CFR 230.144A(a), Rule 144A) or a clean renewable energy bond lender (see section 54(j)(2) of title 26 as in effect on December 22, 2006). Loan guarantee — as defined in section 661a of title 2. Non‑Federal borrower — a State (including its departments, agencies, or political subdivisions) or local water entities (districts, associations, Indian tribes, interstate‑compact agencies, or any entity that can contract with the United States under Federal reclamation law). Obligation — a loan or other debt guaranteed here. Project — a rural water supply project (see section 2401(9) of this title); major operation/maintenance, rehabilitation, or replacement of a facility tied to Federal reclamation law or to a U.S. repayment or water service contract; or a water infrastructure improvement linked to a reclamation project that the Secretary finds improves water management and meets other Federal goals. Secretary — the Secretary of the Interior.

Title 43, §2421

Public Lands, Source: USLM XML via OLRC

In this subchapter:

(1)Indian tribe

The term “Indian tribe” has the meaning given the term in section 5304 of title 25.

(2)Lender

The term “lender” means—

(A)a non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulation (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)); or

(B)a clean renewable energy bond lender (as defined in section 54(j)(2) of title 26 (as in effect on December 22, 2006)).

(3)Loan guarantee

The term “loan guarantee” has the meaning given the term “loan guarantee” in section 661a of title 2.

(4)Non-Federal borrower

The term “non-Federal borrower” means—

(A)a State (including a department, agency, or political subdivision of a State); or

(B)a conservancy district, irrigation district, canal company, water users’ association, Indian tribe, an agency created by interstate compact, or any other entity that has the capacity to contract with the United States under Federal reclamation law.

(5)Obligation

The term “obligation” means a loan or other debt obligation that is guaranteed under this section.

(6)Project

The term “project” means—

(A)a rural water supply project (as defined in section 2401(9) of this title);

(B)an extraordinary operation and maintenance activity for, or the rehabilitation or replacement of, a facility—

(i)that is authorized by Federal reclamation law and constructed by the United States under such law; or

(ii)in connection with which there is a repayment or water service contract executed by the United States under Federal reclamation law; or

(C)an improvement to water infrastructure directly associated with a reclamation project that, based on a determination of the Secretary—

(i)improves water management; and

(ii)fulfills other Federal goals.

(7)Secretary

The term “Secretary” means the Secretary of the Interior.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Securities Act of 1933, referred to in par. (2)(A), is title I of act May 27, 1933, ch. 38, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables. Section 54 of title 26, referred to in par. (2)(B), was repealed by Pub. L. 115–97, title I, § 13404(a), Dec. 22, 2017, 131 Stat. 2138.

§2421 Definitions

Summary

Title 43, §2421

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

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