43 U.S.C. § 2421 — Definitions

Page 638 TITLE 43—PUBLIC LANDS § 2409 1 So in original. Probably should be ‘‘Regulations’’. 2 See References in Text note below. § 2409. Termination of authority The authority of the Secretary to carry out this subchapter terminates on September 30, 2016. (Pub. L. 109–451, title I, § 110, Dec. 22, 2006, 120 Stat. 3356.) SUBCHAPTER II—TWENTY-FIRST CENTURY WATER WORKS § 2421. Definitions 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 1 (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) 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, agen- cy, or political subdivision of a State); or (B) a conservancy district, irrigation dis- trict, canal company, water users’ associa- tion, 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 main- tenance activity for, or the rehabilitation or replacement of, a facility— (i) that is authorized by Federal rec- lamation law and constructed by the United States under such law; or (ii) in connection with which there is a repayment or water service contract exe- cuted by the United States under Federal reclamation law; or (C) an improvement to water infrastruc- ture 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. (Pub. L. 109–451, title II, § 202, Dec. 22, 2006, 120 Stat. 3356.) 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 com- plete 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 re- pealed by Pub. L. 115–97, title I, § 13404(a), Dec. 22, 2017, 131 Stat. 2138. Statutory Notes and Related Subsidiaries SHORT TITLE This subchapter known as the ‘‘Twenty-First Century Water Works Act’’, see Short Title note set out under section 2401 of this title. § 2422. Project eligibility (a) Eligibility criteria (1) In general The Secretary shall develop and publish in the Federal Register criteria for determining the eligibility of a project for financial assist- ance under section 2423 of this title. (2) Inclusions Eligibility criteria shall include— (A) submission of an application by the lender to the Secretary; (B) demonstration of the creditworthiness of the project, including a determination by the Secretary that any financing for the project has appropriate security features to ensure repayment; (C) demonstration by the non-Federal bor- rower, to the satisfaction of the Secretary, of the ability of the non-Federal borrower to repay the project financing from user fees or other dedicated revenue sources; (D) demonstration by the non-Federal bor- rower, to the satisfaction of the Secretary, of the ability of the non-Federal borrower to pay all operations, maintenance, and re- placement costs of the project facilities; and (E) such other criteria as the Secretary de- termines to be appropriate. (b) Waiver The Secretary may waive any of the criteria in subsection (a)(2) that the Secretary deter- mines to be duplicative or rendered unnecessary because of an action already taken by the United States. (c) Projects previously authorized A project that was authorized for construction under Federal reclamation laws prior to Decem- ber 22, 2006, shall be eligible for assistance under this subchapter, subject to the criteria estab- lished by the Secretary under subsection (a).