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Code of Federal Regulations Title 43. Public Lands:  Interior § 43.404.39 What factors will Reclamation consider in evaluating my capability to pay 25 percent or more of the construction costs?

Current as of January 02, 2025 | Updated by Findlaw Staff

Reclamation will consider the following factors:

(a) Economic factors for the project area, relative to the state average, including:

(1) Per capita income;

(2) Median household income;  and

(3) The poverty rate;

(b) The ability of the project sponsor to raise tax revenues or assess fees such as user fees and ad valorum taxes or issue bonds;

(c) The strength of the project sponsor financial statements in comparison to other similar entities over the previous 4 years, including a review of:

(1) Current (includes cash and inventory) and non-current assets (property, plants etc.);

(2) Net Assets (total assets minus total liabilities);

(3) Changes to net assets;

(4) Operating revenues (water and power sales);

(5) Operating expenses (variable costs and depreciation, maintenance and repair);

(6) Cash flow from operating activities (positive value from water sales minus payments to supplies and employees);

(7) Current (current bonds payable and accounts payable) and non-current liabilities (long term debt payable);

(8) Outstanding debts and all other financial obligations;

(9) Collateral/equity as appropriate;

(10) Cash flows from capital and related financing activities (negative value from principle paid on bonds and interest payments);

(11) Net cash flow;  and

(12) Any non-operating revenues and expenses;

(d) Funding commitments from non–Federal sources, other than the non–Federal project sponsor, including resources committed by state, county, or local governments;

(e) The existing cost of water and the cost to develop new water supplies in the region;  and

(f) The impact of the proposed project on water rates;

(g) The projected impact of the proposed project on the non–Federal project sponsor's ability to raise or generate revenues;

(h) The non–Federal project sponsor's financial history including their past performance on repaying loans and other debts;  and

(i) Any other financial means of the non–Federal project sponsor that is not captured in this subsection.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands:  Interior § 43.404.39 What factors will Reclamation consider in evaluating my capability to pay 25 percent or more of the construction costs? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-404-39/

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