§ 53708. Findings related to economic soundness
(a)
By Administrator.—
The Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter unless the Administrator finds that the property or project for which the obligation will be executed will be economically sound. In making that finding, the Administrator shall consider—
(1)
the need in the particular segment of the maritime industry for new or additional capacity, including any impact on existing equipment for which a guarantee under this chapter is in effect;
(b)
By Secretary.—
The Secretary may not guarantee or make a commitment to guarantee an obligation under this chapter unless the Secretary finds, at or prior to the time the commitment is made or the guarantee becomes effective, that—
(1)
the property or project for which the obligation will be executed will be economically sound; and
(c)
Used Fishing Vessels and Facilities.—
The Secretary may not guarantee or make a commitment to guarantee an obligation under this chapter for the purchase of a used fishing vessel or used fishery facility unless the vessel or facility will be—
(1)
reconstructed or reconditioned in the United States and will contribute to the development of the United States fishing industry; or
(2)
used—
(B)
for a purpose described in the definition of “fishery facility” in section
53701 of this title with respect to an underused fishery.
(d)
Independent Analysis.—
The Secretary or Administrator may make a determination that aspects of an application under this chapter require independent analysis to be conducted by third party experts due to risk factors associated with markets, technology, or financial structures. A third party independent analysis conducted under this subsection shall be performed by a private sector expert in assessing such risk factors who is selected by the Secretary or Administrator.
(e)
Additional Equity Because of Increased Risks.—
Notwithstanding any other provision of this chapter, the Secretary or Administrator may make a determination that an application under this title requires additional equity because of increased risk factors associated with markets, technology, or financial structures.