Title 43 — Public Lands
Chapter 42 — Rural Water Supply
§ 2422. Project eligibility
Statutory text
Eligibility criteria
In general
The Secretary shall develop and publish in the Federal Register criteria for determining the eligibility of a project for financial assistance under section 2423 of this title.
Inclusions
Eligibility criteria shall include—
submission of an application by the lender to the Secretary;
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;
demonstration by the non-Federal borrower, 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;
demonstration by the non-Federal borrower, to the satisfaction of the Secretary, of the ability of the non-Federal borrower to pay all operations, maintenance, and replacement costs of the project facilities; and
such other criteria as the Secretary determines to be appropriate.
Waiver
The Secretary may waive any of the criteria in subsection (a)(2) that the Secretary determines to be duplicative or rendered unnecessary because of an action already taken by the United States.
Projects previously authorized
A project that was authorized for construction under Federal reclamation laws prior to , shall be eligible for assistance under this subchapter, subject to the criteria established by the Secretary under subsection (a).
Criteria for rural water supply projects
A rural water supply project that is determined to be feasible under section 2405 of this title is eligible for a loan guarantee under section 2423 of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Twenty-First Century Water Works Act
Pub. L. 109–451 title II § 203 · 120 Stat. 3345
Enacted · 43 U.S.C. § 2422
(Pub. L. 109–451, title II, § 203, Dec. 22, 2006, 120 Stat. 3357.)
Source evidence
Code source credit
(Pub. L. 109–451, title II, § 203, Dec. 22, 2006, 120 Stat. 3357.)Enacted provision · exact public law section
SEC. 203. 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 assistance under section 204. (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 borrower, 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 borrower, to the satisfaction of the Secretary, of the ability of the non-Federal borrower to pay all operations, maintenance, and replacement costs of the project facilities; and (E) such other criteria as the Secretary determines to be appropriate. (b) Waiver.— The Secretary may waive any of the criteria in subsection (a)(2) that the Secretary determines 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 the date of enactment of this Act shall be eligible for assistance under this title, subject to the criteria established by the Secretary under subsection (a). (d) Criteria for Rural Water Supply Projects.— A rural water supply project that is determined to be feasible under section 106 is eligible for a loan guarantee under section 204.
1 of 1 references resolved to an enrolled provision