25 U.S.C. § 1481

Loan guaranties and insurance

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(a) In generalIn order to provide access to private money sources which otherwise would not be available, the Secretary may—(1) guarantee not to exceed 90 per centum of the unpaid principal and interest due on any loan made to any organization of Indians having a form or organization satisfactory to the Secretary, and to individual Indians; or(2) insure loans under an agreement approved by the Secretary whereby the lender will be reimbursed for losses in an amount not to exceed 15 per centum of the aggregate of such loans made by it, but not to exceed 90 per centum of the loss on any one loan.(b) Eligible borrowers

The Secretary may guarantee or insure loans under subsection (a) to both for-profit and nonprofit borrowers.

(Pub. L. 93–262, title II, § 201, Apr. 12, 1974, 88 Stat. 79; Pub. L. 98–449, § 4, Oct. 4, 1984, 98 Stat. 1725; Pub. L. 109–221, title IV, § 401(a), May 12, 2006, 120 Stat. 341.)Editorial NotesAmendments

2006—Pub. L. 109–221, § 401(a)(1), (2), (4), inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted “the Secretary may—

“(1) guarantee”

for “Secretary is authorized (a) to guarantee”, and added subsec. (b).

Pub. L. 109–221, § 401(a)(3), which directed substitution of “members; or

“(2) insure”

for “members; and (b) in lieu of such guaranty, to insure”, was executed by making the substitution for “and (b) in lieu of such guaranty, to insure” to reflect the probable intent of Congress and the amendment by Pub. L. 98–449. See 1984 Amendment note below.

1984—Pub. L. 98–449 struck out “who are not members of or eligible for membership in an organization which is making loans to its members” before “; and (b)”.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1998–2021 · leading case: United Nat'l Bank v. United States Dep't of the Interior, 54 F. Supp. 2d 1309 (S.D. Fla. 1998).

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United Nat'l Bank v. United States Dep't of the Interior, 54 F. Supp. 2d 1309 (S.D. Fla. 1998). “In order to encourage Banks to loan money to organizations that are owned or controlled by Indians, Congress authorized the Secretary to: (a) guarantee up to 90 per cent of the unpaid principal and interest due on any loan made to approved organizations of Indians and individual…”

United States v. Hump (D.S.D. 2021). · cites it 2× “25 U.S.C. § 1481 . Under the ILGP, the Secretary of Interior may guarantee up to 90 percent of the unpaid principal and interest due on loans made by lenders to qualified Indian? borrowers.”

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