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4 th ANNUAL PARTNERS IN ACTION CONFERENCE BARABOO, WI JUNE 24, 2015 Prepared By: Alsace LaFramboise, Acting Southwest Zone Manager
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INDIAN LOAN GUARANTY & INSURANCE PROGRAMS Interior – Assistant Secretary – Indian Affairs Energy & Economic Development Division of Capital Investment NW ZONE – DENVER, CO EASTERN ZONE – WASHINGTON, DC SW ZONE – ALBUQUERQUE, NM ALASKA ZONE – ANCHORAGE, AK
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Program Legal Authority Indian Financing Act of 1974, 25 U.S.C. 1451 et.seq. (Public Law 93-262, 88 Stat. 77), as amended
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Program Regulations Title 25: Indians Part 103: Loan Guaranty, Insurance and Interest Subsidy 25 CFR 103.1 – 103.45
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Purpose of Program Facilitate access to financing otherwise not available by: Guarantying loans made by conventional and non- conventional lenders to Indian-owned businesses Guaranty reduces lender risk if borrower defaults Encourages Indian owned businesses on reservations
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Borrower Eligibility Enrolled member of a federally recognized Tribe Tribe Tribal Enterprise Indian-Owned Business Entity Partnership Corporation or Limited Liability Corporation* Must be majority owned (51%) by Indian Individual, Tribe or Tribal Entity *Business structure must be acceptable to Indian Affairs*
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Borrower’s Equity Requirement 20% percent equity in the Business Financed based on Total Project Cost Cash and/or Unencumbered Assets
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Business Location Business Financed must contribute to: Economy of Reservation Tribal Service Area
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Loan Terms Term based on purpose of loan – Normally based on useful life of asset Permanent working capital Line of credit - revolving Construction loan Initial Inventory Purchase Equipment purchase Real estate Lines of Credit must be paid to zero on annual basis Term can not exceed 30 years Prohibited loan terms – See 25 CFR 103.15
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Interest Rates Must be reasonable Comparable to rates charged for loans to similar businesses May be variable based on a prime rate that is identified in lender’s guaranty request
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Loan Amounts Statute $500,000 - Sole Proprietorship – Individuals Policy Loans to Tribal Entities & Indian Business Entities are limited by annual appropriations
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Interest Subsidy Borrower is rebated for a portion of interest paid Requested by Lender at time of loan application Must be approved by Central Office If approved, 3 years only May apply for an extension – no subsidy beyond 5 years
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Interest Subsidy Eligibility Borrowers Projected Income is less than industry norm After Interest and Taxes After adjustments for extraordinary items
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Percentage of Guaranty Up to 90% of Principal and Accrued Interest
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Cost of Guaranty Lenders pay a 2% premium based on the guaranteed portion of loan Lenders may pass cost on to borrower: Premium cost may be added principal amount of loan
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2015 Appropriation Congressional Appropriations will Support Guaranties totaling $100,510,479 Nationwide
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Approval Authority DCI – Southwest Zone – Albuquerque Limited to 5% of the annual appropriation DCI – Washington, DC (Central Office) Loans over 5% of annual appropriation (Loan amounts are limited by annual appropriation)
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Lender Participation Requirements Traditional Bank Lenders Federally Chartered Institutions State Chartered Institutions Non-Bank Lenders Regularly engaged in making loans Capable of evaluating & servicing loans Acceptable to Indian Affairs
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Benefits of Guaranty New Market – Indian Country Minimizes Lender’s Risk Guaranteed portion of loan: Does not count against Lender’s legal lending limit Can be sold in secondary market Meets requirements of Community Reinvestment Act Liquidation is optional in event of default
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Application Process Borrower Prepare a Business Plan Management Marketing Money Shop your Loan Banks Non- traditional lenders (CDFIs)
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Application Process Lender Loan Guaranty Agreement – BIA Form 5-4753 Submit to DCI, Southwest Zone, Albuquerque BIA Form 5-4755 – Loan Guaranty Request Lender’s Credit Analysis to include terms conditions Justify why guaranty is needed Applicant’s Business Plan with supporting documentation
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Application Process DCI - Indian Affairs Conduct independent analysis Work directly with lender to address concerns Approval/disapproval
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NORTHWEST ZONE SERVICING RESPONSIBILITIES: WISCONSIN MINNESOTA MICHIGAN IOWA KANSAS NEBRASKA SOUTH DAKOTA NORTH DAKOTA MONTANA WYOMING COLORADO IDAHO OREGON WASHINGTON
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Southwest Zone Servicing Responsibilities: Utah Nevada California Arizona New Mexico
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EASTERN ZONE SERVICING RESPONSIBILITES: Maine New York Massachusetts Connecticut North Carolina Florida Mississippi Louisiana Oklahoma Texas Alabama
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ALASKA ZONE SERVICING RESPONSIBILITIES: ENTIRE STATE OF ALASKA
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Contact Information Alsace LaFramboise, Acting Zone Manager Telephone: 505-563-5466 Cell: 505-554-9526 alsace.laframboise@bia.gov
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Mailing Address Capital Investment Southwest Zone Indian Energy & Economic Development Assistant Secretary - Indian Affairs 1011 Indian School Road, Suite 131 Albuquerque, NM 87104 http://www.indianaffairs.gov/WhoWeAre/AS-IA/IEED/DCI/index.htm
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