42 USC 16371 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 16371.

Definitions

In this part:

(1)

CIFIA program

(2)

Common carrier

The term “common carrier” means a transportation infrastructure operator or owner that—

(A)

publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and

(B)

holds itself out to provide transportation services to the public for a fee.

(3)

Contingent commitment

The term “contingent commitment” means a commitment to obligate funds from future available budget authority that is—

(A)

contingent on those funds being made available in law at a future date; and

(B)

not an obligation of the Federal Government.

(4)

Eligible project costs

The term “eligible project costs” means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including—

(A)

the cost of—

(i)

development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;

(ii)

construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition and installation of equipment (including labor); and

(iii)

capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and

(B)

transaction costs associated with financing the project, including—

(i)

the cost of legal counsel and technical consultants; and

(ii)

any subsidy amount paid in accordance with section 16372(c)(3)(B)(ii) of this title or section 16373(b)(6)(B)(ii) of this title.

(5)

Federal credit instrument

(6)

Lender

(7)

Letter of interest

The term “letter of interest” means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that—

(A)

describes the project and the location, purpose, and cost of the project;

(B)

outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor;

(C)

provides a status of environmental review; and

(D)

provides information regarding satisfaction of other eligibility requirements of the CIFIA program.

(8)

Loan guarantee

(9)

Master credit agreement

The term “master credit agreement” means a conditional agreement that—

(A)

is for the purpose of extending credit assistance for—

(i)

a project of high priority under section 16372(c)(3)(A) of this title; or

(ii)

a project covered under section 16372(c)(3)(B) of this title;

(B)

does not provide for a current obligation of Federal funds; and

(C)

would—

(i)

make a contingent commitment of a Federal credit instrument or grant at a future date, subject to—

(I)

the availability of future funds being made available to carry out the CIFIA program; and

(II)

the satisfaction of all conditions for the provision of credit assistance under the CIFIA program, including section 16373(b) of this title;

(ii)

establish the maximum amounts and general terms and conditions of the Federal credit instruments or grants;

(iii)

identify the 1 or more revenue sources that will secure the repayment of the Federal credit instruments;

(iv)

provide for the obligation of funds for the Federal credit instruments or grants after all requirements have been met for the projects subject to the agreement, including—

(I)

compliance with all applicable requirements specified under the CIFIA program, including sections 16372(d) and 16373(b)(1) of this title; and

(II)

the availability of funds to carry out the CIFIA program; and

(v)

require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than 4 years after the date of entry into the agreement or release of the commitment, as applicable, unless otherwise extended by the Secretary.

(10)

Obligor

(11)

Produced in the United States

(12)

Project

(13)

Project obligation

(14)

Secured loan

(15)

Subsidy amount

The term “subsidy amount” means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument—

(A)

calculated on a net present value basis; and

(B)

excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

(16)

Substantial completion

The term “substantial completion”, with respect to a project, means the date—

(A)

on which the project commences transportation of carbon dioxide; or

(B)

of a comparable event to the event described in subparagraph (A), as determined by the Secretary and specified in the project credit agreement.

(Pub. L. 109–58, title IX, § 999A, as added Pub. L. 117–58, div. D, title III, § 40304(a), Nov. 15, 2021, 135 Stat. 988.)

cite as: 42 USC 16371