Section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, referred to in subsec. (a)(1), is Pub. L. 105–277, div. A, § 101(a)[title VII, § 766],
The Rural Electrification Act of 1936, referred to in subsec. (a)(1), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of this title. For complete classification of this Act to the Code, see section 901 of this title and Tables.
This chapter, referred to in subsec. (a)(2)(C)(iii), (12)(D), (18), was in the original “this title”, meaning title III of Pub. L. 87–128,
The Public Health Service Act, referred to in subsec. (a)(9), is act July 1, 1944, ch. 373, 58 Stat. 682. Title XIV of the Act, known as the Safe Drinking Water Act, is classified principally to subchapter XII (§ 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of these Acts to the Code, see Short Title note and Short Title of 1974 Amendments note set out under section 201 of Title 42 and Tables.
Act of
Act of
Section 2009 of this title, referred to in subsec. (a)(21)(A)(ii), was subsequently amended, and no longer defines the term “rural area”.
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2018—Subsec. (a)(2)(B)(iii). Pub. L. 115–334, § 6403(1), substituted “$200,000” for “$100,000” in subcls. (I) and (II).
Subsec. (a)(2)(B)(vii). Pub. L. 115–334, § 6403(2), substituted “$15,000,000 for each of fiscal years 2019 through 2023” for “$30,000,000 for each of fiscal years 2008 through 2018”.
Subsec. (a)(14)(A)(iv), (v). Pub. L. 115–334, § 6404(1), added cls. (iv) and (v).
Subsec. (a)(14)(C). Pub. L. 115–334, § 6404(2), substituted “3 percent and not more than 5” for “1 nor more than 3” and “3 percent” for “1 per centum”.
Subsec. (a)(19)(A). Pub. L. 115–334, § 6701(a)(1), inserted “, Indian Tribes (as defined in section 5304(e) of title 25)” after “nonprofit corporations”.
Subsec. (a)(22)(B). Pub. L. 115–334, § 6405, substituted “$25,000,000 for each of fiscal years 2019 through 2023” for “$20,000,000 for fiscal year 2014 and each fiscal year thereafter”.
Subsec. (a)(23). Pub. L. 115–334, § 6601(a)(1)(A), struck out par. (23) which related to multijurisdictional regional planning organizations.
Subsec. (a)(24)(D). Pub. L. 115–334, § 6402(b), added subpar. (D).
Subsec. (a)(25)(C). Pub. L. 115–334, § 6406, substituted “2023” for “2018”.
2014—Subsec. (a)(2)(B)(vii). Pub. L. 113–79, § 6001, substituted “2018” for “2012”.
Subsec. (a)(11). Pub. L. 113–79, § 6012(b), struck out par. (11) which related to rural business opportunity grants.
Subsec. (a)(19)(C). Pub. L. 113–79, § 6002, struck out subpar. (C) which related to reservation of funds for child day care facilities.
Subsec. (a)(22). Pub. L. 113–79, § 6003, added par. (22) and struck out former par. (22) which related to rural water and wastewater circuit rider program.
Subsec. (a)(24)(C). Pub. L. 113–79, § 6004, added subpar. (C).
Subsec. (a)(25)(C). Pub. L. 113–79, § 6005, substituted “2018” for “2012”.
Subsec. (a)(26). Pub. L. 113–79, § 6006, added par. (26).
2008—Subsec. (a)(2)(B)(vii). Pub. L. 110–246, § 6001, substituted “2008 through 2012” for “2002 through 2007”.
Subsec. (a)(2)(C). Pub. L. 110–246, § 6002(a), added subpar. (C).
Subsec. (a)(11)(C). Pub. L. 110–246, § 7511(c)(3), substituted “the National Institute of Food and Agriculture” for “the Cooperative State Research, Education, and Extension Service”.
Subsec. (a)(11)(D). Pub. L. 110–246, § 6003, substituted “2008 through 2012” for “1996 through 2007”.
Subsec. (a)(19)(C)(ii). Pub. L. 110–246, § 6004, substituted “June” for “April”.
Subsec. (a)(20)(E). Pub. L. 110–246, § 6005, substituted “State” for “state” and struck out “dial-up Internet access or” before “broadband service”.
Subsec. (a)(22)(C). Pub. L. 110–246, § 6006, substituted “$25,000,000 for fiscal year 2008” for “$15,000,000 for fiscal year 2003”.
Subsec. (a)(25)(A). Pub. L. 110–246, § 6007(1), substituted “grants to an entity that is a Tribal College or University” for “grants to tribal colleges and universities” and “specific Tribal College or University” for “specific tribal college or university”.
Subsec. (a)(25)(B). Pub. L. 110–246, § 6007(2), added subpar. (B) and struck out former subpar. (B) which directed the Secretary to establish the maximum percentage of the cost of the facility that could be covered by a grant, provided that the amount of a grant was not to exceed 75 percent of the cost of developing the facility, and directed the Secretary to provide for a graduated scale that would provide higher percentages for facilities in communities with lower community population and income levels.
Subsec. (a)(25)(C). Pub. L. 110–246, § 6007(3), substituted “2008 through 2012” for “2003 through 2007”.
2002—Subsec. (a)(1). Pub. L. 107–171, § 6001, inserted after first sentence “The Secretary may also make or insure loans to communities that have been designated as rural empowerment zones or rural enterprise communities pursuant to part I of subchapter U of chapter 1 of title 26, or as rural enterprise communities pursuant to section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (Public Law 105–277; 112 Stat. 2681, 2681–37), to provide for the installation or improvement of essential community facilities including necessary related equipment, and to furnish financial assistance or other aid in planning projects for such purposes.”
Subsec. (a)(2). Pub. L. 107–171, § 6002, inserted heading, designated existing provisions as subpar. (A) and inserted heading, designated first sentence of subpar. (A) as cl. (i), inserted heading, and struck out “aggregating not to exceed $590,000,000 in any fiscal year” after “authorized to make grants”, designated second sentence of subpar. (A) as cl. (ii), inserted heading, and substituted “subparagraph” for “paragraph”, designated third sentence of subpar. (A) as cl. (iii) and inserted heading, and added subpar. (B).
Subsec. (a)(7). Pub. L. 107–171, § 6020(b)(1), struck out heading and text of par. (7). Text read as follows: “For the purpose of water and waste disposal grants and direct and guaranteed loans provided under paragraphs (1) and (2), the terms ‘rural’ and ‘rural area’ mean a city, town, or unincorporated area that has a population of no more than 10,000 inhabitants.”
Subsec. (a)(11)(D). Pub. L. 107–171, § 6003, substituted “$15,000,000” for “$7,500,000” and “2007” for “2002”.
Subsec. (a)(19)(C). Pub. L. 107–171, § 6004, added subpar. (C).
Subsec. (a)(22) to (25). Pub. L. 107–171, §§ 6005–6007(a), 6008, added pars. (22) to (25).
2001—Subsec. (a)(20)(E). Pub. L. 107–76 added subpar. (E).
2000—Subsec. (a)(19)(A). Pub. L. 106–387, which directed amendment of section 306(a)(19)(A) of the Consolidated Farmers Home Administration Act of 1961 by inserting “, Indian tribes (as such term is defined under section 5304(e) of title 25),” after “nonprofit corporations” and could not be executed as directed, was superseded by Pub. L. 115–334, § 6701(a)(1). See 2018 Amendment note above and Effective Date of 2018 Amendment note below.
Subsec. (a)(20). Pub. L. 106–472, § 304(a), added par. (20).
Subsec. (a)(21). Pub. L. 106–472, § 305(a), added par. (21).
1996—Subsec. (a)(2). Pub. L. 104–127, § 741(a)(1), substituted “$590,000,000” for “$500,000,000”.
Subsec. (a)(5). Pub. L. 104–127, § 758, added par. (5).
Subsec. (a)(7). Pub. L. 104–127, § 741(a)(2), added par. (7) and struck out former par. (7) which read as follows: “As used in this chapter, the terms ‘rural’ and ‘rural area’ shall not include any area in any city or town which has a population in excess of ten thousand inhabitants, except that (A) for the purpose of loans for essential community facilities under subsection (a)(1) of this section, the terms ‘rural’ and ‘rural area’ may include any area in any city or town that has a population not in excess of twenty thousand inhabitants; and (B) for purposes of loans and grants for private business enterprises under sections 1924(b), 1932 and 1942(b), (c), and (d) of this title the terms ‘rural’ and ‘rural area’ may include all territory of a State that is not within the outer boundary of any city having a population of fifty thousand or more and its immediately adjacent urbanized and urbanizing areas with a population density of more than one hundred persons per square mile, as determined by the Secretary of Agriculture according to the latest decennial census of the United States: Provided, That special consideration for such loans and grants shall be given to areas other than cities having a population of more than twenty-five thousand.”
Subsec. (a)(9), (10). Pub. L. 104–127, § 741(a)(3), added pars. (9) and (10) and struck out former pars. (9) and (10) which read as follows:
“(9) No Federal funds shall be authorized for use unless it be certified by the appropriate State water pollution control agency that the water supply system authorized will not result in pollution of waters of the State in excess of standards established by that agency.
“(10) In the case of sewers and waste disposal systems, no Federal funds shall be advanced hereunder unless the appropriate State water pollution control agency shall certify that the effluent therefrom shall conform with appropriate State and Federal water pollution control standards when and where established.”
Subsec. (a)(11). Pub. L. 104–127, § 741(a)(3), added par. (11) and struck out former par. (11) which authorized grants to public bodies, private nonprofit community development corporations or entities, or other agencies to enable such recipients to (1) identify and analyze business opportunities, including opportunities in export markets, that would use local rural economic and human resources, (2) identify, train, and provide technical assistance to existing or prospective rural entrepreneurs and managers, (3) establish business support centers and otherwise assist in creation of new rural businesses, development of methods of financing local businesses, and enhancing capacity of local individuals and entities to engage in sound economic activities, and (4) conduct regional, community, and local economic development planning and coordination, and leadership development.
Subsec. (a)(14). Pub. L. 104–127, § 741(a)(6)(A)–(D)(i), inserted par. heading and headings for subpars. (A) to (C), and realigned margins of subpars. and cls. (i) to (iii) of subpar. (A).
Pub. L. 104–127, § 741(a)(4), (5), redesignated par. (16) as (14) and struck out former par. (14) which read as follows:
“(14)(A) The Secretary, under such reasonable rules and conditions as he shall establish, shall make grants to eligible volunteer fire departments for up to 50 per centum of the cost of firefighting equipment needed by such departments but which such departments are unable to purchase through the resources otherwise available to them, and for the cost of the training necessary to enable such departments to use such equipment efficiently.
“(B) For the purposes of this subsection, the term ‘eligible volunteer fire department’ means any established volunteer fire department in a rural town, village, or unincorporated area where the population is less than two thousand but greater than two hundred, as reasonably determined by the Secretary.”
Subsec. (a)(14)(C). Pub. L. 104–127, § 741(a)(6)(D)(ii), which directed substitution of “3 percent of any funds appropriated” for “2 per centum of any funds provided in appropriations Acts”, was executed by making the substitution for “2 per centum of any funds provided in Appropriations Acts”, to reflect the probable intent of Congress.
Subsec. (a)(15). Pub. L. 104–127, § 741(a)(4), (5), redesignated par. (17) as (15) and struck out former par. (15) which authorized making or insuring of loans to associations, including corporations not operated for profit, Indian tribes on Federal and State reservations and other federally recognized Indian tribes, and public and quasi-public agencies, for purpose of financing construction, acquisition, and operation of transmission facilities for any electric system owned and operated by a public body located in a rural area which was, as of
Subsec. (a)(16) to (18). Pub. L. 104–127, § 741(a)(5), redesignated pars. (18) to (20) as (16) to (18), respectively. Former pars. (16) to (18) redesignated (14) to (16), respectively.
Subsec. (a)(19). Pub. L. 104–127, § 763, added par. (19).
Pub. L. 104–127, § 741(a)(5), redesignated par. (19) as (17).
Subsec. (a)(20). Pub. L. 104–127, § 741(a)(5), redesignated par. (20) as (18).
1994—Subsec. (a)(15)(C), (D). Pub. L. 103–354 redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “The Administrator of the Rural Electrification Administration shall administer loans made or insured under this paragraph.”
1993—Subsec. (a)(1). Pub. L. 103–129 inserted after first sentence “The Secretary may also make loans to any borrower to whom a loan has been made under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), for the conservation, development, use, and control of water, and the installation of drainage or waste disposal facilities, primarily serving farmers, ranchers, farm tenants, farm laborers, rural businesses, and other rural residents.”
1991—Subsec. (a)(11)(B)(ii). Pub. L. 102–237, § 701(a)(1), in subcl. (I) inserted “and” after semicolon and in subcl. (II) substituted a period for “; and”.
Subsec. (a)(12)(D), (20). Pub. L. 102–237, § 701(h)(1)(A), (B), substituted “this chapter” for “this Act”.
Subsec. (a)(21). Pub. L. 102–237, § 701(a)(2), struck out par. (21) which was identical to par. (20).
1990—Subsec. (a)(1). Pub. L. 101–624, § 2328, inserted “rural businesses,” after “farm laborers,”.
Subsec. (a)(2). Pub. L. 101–624, § 2321, struck out “: Provided, That for fiscal years commencing after
Subsec. (a)(3). Pub. L. 101–624, § 2316(b), struck out “and not inconsistent with any planned development provided in any State, multijurisdictional, county, or municipal plan approved by competent authority for the area in which the rural community is located, and the Secretary shall require the submission of all applications for financial assistance under this section to the multijurisdictional substate areawide general purpose planning and development agency that has been officially designated as a clearinghouse agency under Office of Management and Budget Circular A–95 and to the county or municipal government having jurisdiction over the area in which the proposed project is to be located for review and comment within a designated period of time not to exceed 30 days concerning among other considerations, the effect of the project upon the areawide goals and plans of such agency or government. No loan under this section shall be made that is inconsistent with any multijurisdictional planning and development district areawide plan of such agency. The Secretary is authorized to reimburse such agency or government for the cost of making the required review. Until
Subsec. (a)(11). Pub. L. 101–624, §§ 2341, 2342, amended par. (11) generally. Prior to amendment, par. (11) read as follows: “The Secretary may make grants, not to exceed $15,000,000 annually, to public bodies or such other agencies as the Secretary may select to provide rural development technical assistance, rural community leadership development, and community and areawide rural development planning.”
Subsec. (a)(20). Pub. L. 101–624, § 2329, added par. (20).
Subsec. (a)(21). Pub. L. 101–624, § 2393, added par. (21).
1986—Subsec. (a)(1), (15)(B). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1985—Subsec. (a)(2). Pub. L. 99–198 provided for graduated scale of grant rates for each project and higher rates in communities having lower community population and income levels.
Subsec. (a)(16) to (19). Pub. L. 99–198 added pars. (16) to (19).
1981—Subsec. (a)(2). Pub. L. 97–35 inserted provisions limiting grants for fiscal years after
1980—Subsec. (a)(7). Pub. L. 96–438 provided that for the purpose of loans for essential community facilities under subsection (a)(1) of this section, terms “rural” and “rural area” may include any area in any city or town with a population not in excess of twenty thousand.
Subsec. (a)(11) to (15). Pub. L. 96–355 in par. (11) substituted provisions authorizing annual grants not to exceed $15,000,000 for rural development technical assistance, rural community leadership development, etc., for provisions authorizing annual grants not to exceed $10,000,000 for preparation of comprehensive plans for rural development or designated aspects of such rural development, added par. (12), and redesignated former pars. (12) to (14) as (13) to (15), respectively.
1978—Subsec. (a)(1). Pub. L. 95–334, § 104, inserted provisions respecting bond counsel requirements for loans under $500,000.
Subsec. (a)(2). Pub. L. 95–334, § 105, substituted “$500,000,000” for “$300,000,000” and “75” for “50”.
Subsec. (a)(7). Pub. L. 95–334, § 106, struck out references to the Commonwealth of Puerto Rico and the Virgin Islands.
Subsec. (a)(14). Pub. L. 95–334, § 107(a), added par. (14).
1973—Subsec. (a)(13). Pub. L. 91–524, title VIII, § 816(c), as added by Pub. L. 93–86 added par. (13).
1972—Subsec. (a)(1). Pub. L. 92–419, § 104(1), (2), authorized loans to Indian tribes on Federal and State reservations and other federally recognized Indian tribes and included as an allowable use provision for essential community facilities including necessary related equipment, respectively.
Subsec. (a)(2). Pub. L. 92–419, § 105, substituted “$300,000,000” for “$100,000,000”.
Subsec. (a)(3). Pub. L. 92–419, §§ 106, 107, substituted “project” for “facility” where first appearing; in item (i), substituted “project” for “facility” and inserted in such text “, if such project is carried out,”; in item (ii), substituted “will or can be” for “will be or can be”; substituted “and (iii)” for “or (iii)” and in such item (iii), substituted “an orderly community development consistent with a comprehensive community water, waste disposal, or other development plan” and “development provided in any State, multijurisdictional, county, or municipal plan approved by competent authority” for “orderly community development consistent with a comprehensive community water or sewer development plan” and “development under State, county, or municipal plans approved as official plans by competent authority”, substituted “Secretary shall require the submission of all applications for financial assistance under this section to the multijurisdictional substate areawide general purpose planning and development agency that has been officially designated as a clearinghouse agency under Office of Management and Budget Circular A–95 and to the county or municipal government having jurisdiction over the area in which the proposed project is to be located for review and comment within a designated period of time not to exceed 30 days concerning among other considerations, the effect of the project upon the areawide goals and plans of such agency or government” for “Secretary shall establish regulations requiring the submission of all applications for financial assistance under this chapter to the county or municipal government in which the proposed project is to be located for review and comment by such agency within a designated period of time”; prohibited loans inconsistent with multijurisdictional planning and development district areawide plan of the agency; authorized agency or government reimbursement for cost of making the review; and extended authority for making grants prior to completion of the comprehensive plan from
Subsec. (a)(5). Pub. L. 92–419, § 110, struck out provisions of former par. (5) which prohibited any loan or grant under subsec. (a) of this section which would cause the unpaid principal indebtedness of any association under this chapter and Act
Subsec. (a)(6). Pub. L. 92–419, § 108, substituted “$30,000,000” for “$15,000,000”, struck out “official” before “comprehensive plans”, and substituted “waste disposal systems” for “sewer systems”.
Subsec. (a)(7). Pub. L. 92–419, § 109, substituted definition of “rural” and “rural area” as excluding an area in a city or town with a population in excess of ten thousand inhabitants for prior provision for rural areas for purposes of water and waste disposal projects excluding an area in a city or town with a population in excess of 5,500 inhabitants, provided exception provision and special consideration for loans and grants to areas other than cities having a population of more than twenty-five thousand.
Subsec. (a)(11), (12). Pub. L. 92–419, §§ 111, 112, added pars. (11) and (12).
1970—Subsec. (a)(1). Pub. L. 91–617 required inclusion in gross income of the interest or other income paid to an insured holder when any loan made for a purpose specified in subsec. (a)(1) is sold out of the Agricultural Credit Insurance Fund as an insured loan.
Subsec. (c). Pub. L. 91–606 repealed subsec. (c), added by Pub. L. 89–769, § 6(b),
Subsec. (d). Pub. L. 91–524 added subsec. (d).
1968—Subsec. (a). Pub. L. 90–488 substituted “$100,000,000” for “$50,000,000” in par. (2), “1971” for “1968” in par. (3), and “$15,000,000” for “$5,000,000” in par. (6), respectively.
1966—Subsec. (c). Pub. L. 89–769 added subsec. (c).
1965—Subsec. (a). Pub. L. 89–240 designated existing provisions as par. (1), struck out “including the development of recreational facilities” after “shifts in land use”, substituted “drainage or waste disposal facilities” for “drainage facilities”, inserted “and recreational developments”, deleted provisions which prohibited loans which would cause an association’s unpaid principal indebtedness to exceed $500,000, in the case of direct loans and $1,000,000 in the case of insured loans at any one time, and added pars. (2) to (10).
1962—Subsec. (a). Pub. L. 87–703 authorized loans to be made or insured to provide for the application or establishment of shifts in land use including the development of recreational facilities.
Pub. L. 115–334, title VI, § 6701(a)(2),
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by section 7511(c)(3) of Pub. L. 110–246 effective
Amendment by section 701(a) of Pub. L. 102–237 effective as if included in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub. L. 101–624, to which the amendment relates, and amendment by section 701(h)(1)(A), (B) of Pub. L. 102–237 to any provision specified therein effective as if included in act that added provision so specified at the time such act became law, see section 1101(b)(6), (c) of Pub. L. 102–237, set out as a note under section 1421 of this title.
Amendment by Pub. L. 96–355 effective
Pub. L. 95–334, title I, § 105,
Pub. L. 91–617, § 1(b),
Amendment by Pub. L. 91–606 effective
Amendment by Pub. L. 89–769 applicable with respect to any major disaster occurring after
Powers, duties, and assets of agencies, offices, and other entities within Department of Agriculture relating to rural development functions transferred to Rural Development Administration by section 2302(b) of Pub. L. 101–624.
Pub. L. 106–387, § 1(a) [title VII, § 736],
Pub. L. 103–427,
Pub. L. 101–624, title XXIII, § 2324,
Pub. L. 100–233, title VI, § 615(b)(2),
Pub. L. 100–233, title VI, § 620,