In this subchapter:

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

2. (2) Lender The term “lender” means—

   1. (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
   2. (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. (3) Loan guarantee The term “loan guarantee” has the meaning given the term “loan guarantee” in section 661a of title 2.

4. (4) Non-Federal borrower The term “non-Federal borrower” means—

   1. (A) a State (including a department, agency, or political subdivision of a State); or
   2. (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. (5) Obligation The term “obligation” means a loan or other debt obligation that is guaranteed under this section.

6. (6) Project The term “project” means—

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

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

      1. (i) that is authorized by Federal reclamation law and constructed by the United States under such law; or
      2. (ii) in connection with which there is a repayment or water service contract executed by the United States under Federal reclamation law; or

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

      1. (i) improves water management; and
      2. (ii) fulfills other Federal goals.
7. (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 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.

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.

¹ So in original. Probably should be “Regulations”.

² See References in Text note below.