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42 U.S.C. § 8837 — Guaranteed construction loans
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary of Energy** Subject to sections 8835 and 8836 of this title, the Secretary of Energy may commit to guarantee, and guarantee, against loss on up to 90 per centum of the principal and interest, any loan which is made solely to provide funds for the construction of a municipal waste energy project and which does not exceed 90 per centum of the cost of the construction of the project involved, as estimated by the Secretary on the date of the guarantee or commitment to guarantee.
**(b) Estimated project construction costs as determinative of revised amount of guarantee** In the event the total estimated costs of construction of the project thereafter exceed the total estimated costs initially determined by the Secretary of Energy, the Secretary may in addition, upon application therefor, guarantee, against loss on up to 90 per centum of the principal and interest, a loan for so much of the additional estimated total costs as does not exceed 10 per centum of the total estimated costs.
**(c) Terms and conditions** The terms and conditions of loan guarantees under this section shall provide that, if the Secretary of Energy makes a payment of principal or interest upon the default by a borrower, the Secretary shall be subrogated to the rights of the recipient of such payment (and such subrogation shall be expressly set forth in the loan guarantee or related agreements).
**(d) Termination, cancellation, or revocation, and conclusive nature of guarantee** Any loan guarantee under this section shall not be terminated, canceled, or otherwise revoked, except in accordance with the terms thereof and shall be conclusive evidence that such guarantee complies fully with the provisions of this chapter and of the approval and legality of the principal amoun
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Source location: Title 42, Chapter 96, § 8837; chapter-096-biomass-energy-and-alcohol-fuels.md
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**(a) Authority of Secretary of Energy** Subject to sections 8835 and 8836 of this title, the Secretary of Energy may commit to guarantee, and guarantee, against loss on up to 90 per centum of the principal and interest, any loan which is made solely to provide funds for the construction of a municipal waste energy project and which does not exceed 90 per centum of the cost of the construction of the project involved, as estimated by the Secretary on the date of the guarantee or commitment to guarantee.
**(b) Estimated project construction costs as determinative of revised amount of guarantee** In the event the total estimated costs of construction of the project thereafter exceed the total estimated costs initially determined by the Secretary of Energy, the Secretary may in addition, upon application therefor, guarantee, against loss on up to 90 per centum of the principal and interest, a loan for so much of the additional estimated total costs as does not exceed 10 per centum of the total estimated costs.
**(c) Terms and conditions** The terms and conditions of loan guarantees under this section shall provide that, if the Secretary of Energy makes a payment of principal or interest upon the default by a borrower, the Secretary shall be subrogated to the rights of the recipient of such payment (and such subrogation shall be expressly set forth in the loan guarantee or related agreements).
**(d) Termination, cancellation, or revocation, and conclusive nature of guarantee** Any loan guarantee under this section shall not be terminated, canceled, or otherwise revoked, except in accordance with the terms thereof and shall be conclusive evidence that such guarantee complies fully with the provisions of this chapter and of the approval and legality of the principal amount, interest rate, and all other terms of the securities, obligations, or loans and of the guarantee.
**(e) Payment to lender** If the Secretary of Energy determines that—
(1) the borrower is unable to meet payments and is not in default,
(2) it is in the public interest to permit the borrower to continue to pursue the purposes of such project, and
(3) the probable net benefit to the United States in paying the principal and interest due under a loan guarantee agreement will be greater than that which would result in the event of a default,
then the Secretary may pay to the lender under a loan guarantee agreement an amount not greater than the principal and interest which the borrower is obligated to pay to such lender, if the borrower agrees to reimburse the Secretary for such payment on terms and conditions, including interest, which the Secretary determines are sufficient to protect the financial interests of the United States.
**(f) Preconditions** A loan may not be guaranteed under this section unless the applicant for such loan has established to the satisfaction of the Secretary of Energy that the lender is not willing without such a guarantee to extend credit to the applicant at reasonable rates and terms, taking into consideration prevailing market rates and terms for loans for similar periods of time, to finance the construction of the project for which such loan is sought.
**(g) Payment of interest; tax consequences**
(1) With respect to any loan or debt obligation which is—
(A) issued after June 30, 1980, by, or on behalf of, any State or any political subdivision or governmental entity thereof,
(B) guaranteed by the Secretary of Energy under this section, and
(C) not supported by the full faith and credit of the issuer as a general obligation of the issuer,
the interest paid on such obligation and received by the purchaser thereof (or the purchaser’s successors in interest) shall be included in gross income for the purposes of chapter 1 of title 26.
(2) With respect to the amount of obligations described in paragraph (1) that the issuer would have been able to issue as tax exempt obligations (other than obligations secured by the full faith and credit of the issuer as a general obligation of the issuer), the Secretary of Energy is authorized to pay only to the issuer any portion of the interest on such obligations, as determined by the Secretary of the Treasury after taking into account the interest rate which would have been paid on the obligations had they been issued as tax exempt obligations without being so guaranteed by the Secretary of Energy and the interest rate actually paid on the obligations when issued as taxable obligations. Such payments shall be made in amounts determined by the Secretary of Energy, and in accordance with such terms and conditions as the Secretary of the Treasury shall require.
**(h) Fees**
(1) A fee or fees may be charged and collected by the Secretary of Energy for any loan guarantee under this section.
(2) The amount of such fee shall be based on the estimated administrative costs and risk of loss, except that such fee may not exceed 1 per centum of the maximum of the guarantee.
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Federal law — U.S. Code and appendices · legal_authorities
The Farm Credit Administration shall encourage production credit associations, Federal land banks, and banks for cooperatives to use existing authorities to make loans to eligible persons for commercially feasible biomass energy projects.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Not later than 120 days after November 9, 1978, the Secretary of Energy shall prescribe and make effective a rule, which may be amended from time to time, which provides that, notwithstanding any other provision of law (other than subsection (b)) and to the maximum extent practicable, no curtailment plan of an interstate pipeline may provide for curtailment of deliveries of natural gas for any essential agricultural use, unless such curtailment—
(1) does not reduce the quantity of natural gas delivered for such use below the use requirement specified in subsection (c); or
(2) is necessary in order to meet the requirements of high-priority users.
**(b) Curtailment priority not applicable if alternative fuel available** If the Commission, in consultation with the Secretary of Agriculture, determines, by rule or order, that use of a fuel (other than natural gas) is economically practicable and that the fuel is reasonably available as an alternative for any agricultural use of natural gas, the provisions of subsection (a) shall not apply with respect to any curtailment of deliveries for such use.
**(c) Determination of essential agricultural use requirements** The Secretary of Agriculture shall certify to the Secretary of Energy and the Commission the natural gas requirements (expressed either as volumes or percentages of use) of persons (or classes thereof) for essential agricultural uses in order to meet the requirements of full food and fiber production.
**(d) Authority of Secretary of Agriculture to intervene** The Secretary of Agriculture may intervene as a matter of right in any proceeding before the Commission which is conducted in connection with implementing the requirements of the rule prescribed under subsection (a).
**(e) Limitation**
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3391a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment in Department of Energy; appointment of Director** There is hereby established within the Department of Energy an Office of Energy from Municipal Waste (hereinafter in this section referred to as the “Office”) to be headed by a Director, who shall be appointed by the Secretary of Energy.
**(b) Functions** It shall be the function of the Office to perform—
(1) the research, development, demonstration, and commercialization activities authorized under this subchapter (including those authorized under [section 8837 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8837&num=0&edition=prelim)), and
(2) such other duties relating to the production of energy from municipal waste as the Secretary of Energy may assign to the Office.
**(c) Consultations respecting implementation of functions** In carrying out functions tranferred 11 So in original. Probably should be “transferred”. or assigned to the Office, the Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and the heads of such other Federal agencies, as appropriate.
**(d) Transfer of related functions and personnel from Department of Energy** The Secretary shall provide for the transfer to the Office of the functions relating to, and personnel of the Department who are responsible for the administration of, programs in existence on June 30, 1980, which relate to the research, development, demonstration, and commercialization of technologies for the recovery of energy from municipal waste.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8853
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Federal law — U.S. Code and appendices · legal_authorities
Page 7663
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8837
1 See References in Text note below.
(h) Eligibility of debt obligations for purchase,
sale, or issuance to Federal Financing Bank
or any Federal agency
Notwithstanding the provisions of the Federal
Financing Bank Act of 1973 (12 U.S.C. 2281 et
seq.) or any other provision of law (except as
may be specifically provided by reference to this
subsection in any Act enacted after June 30,
1980), no debt obligation which is made or com-
mitted to be made, or which is guaranteed or
committed to be guaranteed by the Secretary of
Energy under section 8832, 8833, or 8834 of this
title shall be eligible for purchase by, or com-
mitment to purchase by, or sale or issuance to,
the Federal Financing Bank or any Federal
agency.
(Pub. L. 96–294, title II, § 235, June 30, 1980, 94
Stat. 701.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(6)(D), was in
the original ‘‘this title’’, meaning title II of Pub. L.
96–294, June 30, 1980, 94 Stat. 683, known as the Biomass
Energy and Alcohol Fuels Act of 1980, which is classi-
fied principally to this chapter. For complete classi-
fication of title II to the Code, see Short Title note set
out under section 8801 of this title and Tables.
The Federal Financing Bank Act of 1973, referred to
in subsec. (h), is Pub. L. 93–224, Dec. 29, 1973, 87 Stat.
937, which is classified generally to chapter 24 (§ 2281 et
seq.) of Title 12, Banks and Banking. For complete clas-
sification of this Act to the Code, see Short Title note
set out under section 2281 of Title 12 and Tables.
§ 8836. Financial assistance program administra-
tion
The Secretary of Energy shall establish proce-
dures and take such other actions as may be
necessary regarding the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8837
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