Page:United States Statutes at Large Volume 122.djvu/2097

 12 2 STA T . 2 074PUBLIC LA W 110 – 24 6—J U NE 1 8, 2008 ‘ ‘ (v)thel evel of f ina n c ial p a r ticipation by the applicant , incl ud in gs upport fro m non -F ederal and pri- vate sources ‘‘(vi) w hether the applicant has established that the adoption of the process proposed in the application will have a positive impact on resource conservation, public health, and the environment; ‘‘(vii) whether the applicant can establish that if adopted, the biofuels production technology proposed in the application will not have any significant negative impacts on e x isting manufacturing plants or other facilities that use similar feedstoc k s; ‘‘(viii) the potential for rural economic develop- ment; ‘‘(ix) the level of local ownership proposed in the application; and ‘‘(x) whether the pro j ect can be replicated . ‘‘( 2 ) LIM I TA TI ONS . — ‘‘( A ) M A X IM U M AMOUNT O FL OAN G UA R ANT E E D .— T he principal amount of a loan guaranteed under subsection (c)(2) may not exceed $ 2 50 ,000,000. ‘‘( B ) MAXIMUM P ER C ENTAGE OF LOAN GUARANTEED.— ‘‘(i) I N GENERAL.— E xcept as otherwise provided in this subparagraph, a loan guaranteed under sub- section (c)(2) shall be in an amount not to exceed 8 0 percent of the project costs, as determined by the S ecretary. ‘‘(ii) O T H ER DIRECT FEDERAL FUNDING.—The amount of a loan guaranteed for a project under sub- section (c)(2) shall be reduced by the amount of other direct Federal funding that the eligible entity receives for the same project. ‘‘(iii) AUTHORIT Y TO GUARANTEE THE LOAN.—The Secretary may guarantee up to 9 0 percent of the prin- cipal and interest due on a loan guaranteed under subsection (c)(2). ‘‘( C ) LOAN GUARANTEE FUND DISTRI B UTION.—Of the funds made available for loan guarantees for a fiscal year under subsection (h), 50 percent of the funds shall be reserved for obligation during the second half of the fiscal year. ‘‘(f) CONSULTATION.—In carrying out this section, the Secretary shall consult with the Secretary of Energy. ‘‘(g) CONDITION ON P RO V ISION OF ASSISTANCE.— ‘‘( 1 ) IN GENERAL.—As a condition of receiving a grant or loan guarantee under this section, an eligible entity shall ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed, in whole or in part, with the grant or loan guarantee, as the case may be, shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3 1 4 1 through 3144, 314 6, and 314 7 of title 40, U nited States Code. ‘‘(2) AUTHORITY AND FUNCTIONS.—The Secretary of Labor shall have, with respect to the labor standards described in

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