 See References in Text note below.

the Secretary of Agriculture shall not require the applicant to demonstrate that it is unable to finance the proposed project from its own resources, or through commercial credit at reasonable rates and terms, or other funding sources without grant assistance.

Editorial Notes

References in Text

7 U.S.C. 1926(a)(19), referred to in subsec. (c)(3), was so in the original, but probably should have been a reference to section 306(a)(19) of the Consolidated Farm and Rural Development Act, which is classified to section 1926(a)(19) of this title.

This Act, referred to in subsec. (d), is Pub. L. 110–329, Sept. 30, 2008, 122 Stat. 3574, known as the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. For complete classification of this Act to the Code, see Tables.

Codification

Section was enacted as part of the Disaster Relief and Recovery Supplemental Appropriations Act, 2008, and also as part of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, and not as part of the Department of Agriculture Reorganization Act of 1994, which in part comprises this chapter.

Amendments

2024—Subsec. (b). Pub. L. 118–158, § 2101(1)(B), (C), inserted “The cost of such direct and guaranteed loans, including the cost of modifying loans, shall be as defined in section 661a of title 2.” before “Amounts so provided” and “, but shall not be limited to the original form of assistance, if any” after “to carry out the activity”.

Pub. L. 118–158, § 2101(1)(A), substituted “, in the form of loans, grants, loan guarantees, or cooperative agreements, for any authorized activity” for “for authorized activities” and “President, the” for “President or the” and directed insertion of “,or the Governor of a State or Territory” after “the Secretary of Agriculture”, which was executed by making the insertion after “the Secretary of Agriculture” the second place appearing, to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 118–158, § 2101(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “The Secretary of Agriculture may waive any limits on population, income, or cost-sharing otherwise applicable to an activity or project for which amounts in the Rural Development Disaster Assistance Fund will be obligated under subsection (b), except that, if the amounts proposed to be obligated in connection with the disaster would exceed the amount specified in subsection (h), the notification required by that subsection shall include information and justification with regard to any waivers to be granted under this subsection.”

2009—Subsec. (b). Pub. L. 111–80 inserted at end “In carrying out this section, the Secretary may transfer funds into existing or new accounts as determined by the Secretary.”