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Title 7 — Agriculture

Chapter 50 — Agricultural Credit

§ 1926c. Water and waste facility loans and grants to alleviate health risks

Statutory text

(a)

Loans and grants to persons other than individuals

(1)

In general

The Secretary shall make or insure loans and make grants to rural water supply corporations, cooperatives, or similar entities, Indian tribes on Federal and State reservations and other federally recognized Indian tribes, and public agencies, to provide for the conservation, development, use, and control of water (including the extension or improvement of existing water supply systems), and the installation or improvement of drainage or waste disposal facilities and essential community facilities including necessary related equipment. Such loans and grants shall be available only to provide such water and waste facilities and services to communities whose residents face significant health risks, as determined by the Secretary, due to the fact that a significant proportion of the community’s residents do not have access to, or are not served by, adequate affordable—

(A)

water supply systems; or

(B)

waste disposal facilities.

(2)

Certain areas targeted

(A)

In general

Loans and grants under paragraph (1) shall be made only if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a county—

(i)

the per capita income of the residents of which is not more than 70 percent of the national average per capita income, as determined by the Department of Commerce; and

(ii)

the unemployment rate of the residents of which is not less than 125 percent of the national average unemployment rate, as determined by the Bureau of Labor Statistics.

(B)

Exception

Notwithstanding subparagraph (A), loans and grants under paragraph (1) may also be made if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a rural area that was recognized as a colonia as of .

(b)

Loans and grants to individuals

(1)

In general

The Secretary shall make or insure loans and make grants to individuals who reside in a community described in subsection (a)(1) for the purpose of extending water supply and waste disposal systems, connecting the systems to the residences of the individuals, or installing plumbing and fixtures within the residences of the individuals to facilitate the use of the water supply and waste disposal systems. Such loans shall be at a rate of interest no greater than the Federal Financing Bank rate on loans of a similar term at the time such loans are made. The repayment of such loans shall be amortized over the expected life of the water supply or waste disposal system to which the residence of the borrower will be connected.

(2)

Manner in which loans and grants are to be made

Loans and grants to individuals under paragraph (1) shall be made—

(A)

directly to such individuals by the Secretary; or

(B)

to such individuals through the rural water supply corporation, cooperative, or similar entity, or public agency, providing such water supply or waste disposal services, pursuant to regulations issued by the Secretary.

(c)

Preference

The Secretary shall give preference in the awarding of loans and grants—

(1)

under subsection (a) to rural water supply corporations, cooperatives, or similar entities, or public agencies, that propose to provide water supply or waste disposal services to the residents of those rural subdivisions commonly referred to as colonias, that are characterized by substandard housing, inadequate roads and drainage, and a lack of adequate water or waste facilities; and

(2)

under subsection (b) to individuals who reside in a rural subdivision commonly referred to as a colonia, that is characterized by substandard housing, inadequate roads and drainage, and a lack of adequate water or waste facilities.

(d)

“Cooperative” defined

For purposes of this section, the term “cooperative” means a cooperative formed specifically for the purpose of the installation, expansion, improvement, or operation of water supply or waste disposal facilities or systems.

(e)

Authorization of appropriations

(1)

In general

Subject to paragraph (2), there are authorized to be appropriated—

(A)

for grants under this section, $30,000,000 for each fiscal year;

(B)

for loans under this section, $30,000,000 for each fiscal year; and

(C)

in addition to grants provided under subparagraph (A), for grants under this section to benefit Indian tribes (as defined in section 5304 of title 25), $20,000,000 for each fiscal year.

(2)

Exception

An entity eligible to receive funding through a grant made under section 1926d of this title shall not be eligible for a grant from funds made available under paragraph (1)(C).

(f)

Regulations

Not later than 30 days after , the Secretary shall issue interim final regulations, with a request for public comments, implementing this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agricultural Act of 1961

    Pub. L. 87–128 title III § 306C · 75 Stat. 294

    Enacted · 7 U.S.C. § 1926c

    Pub. L. 87–128, title III, § 306C, as added Pub. L. 101–624, title XXIII, § 2327, Nov. 28, 1990, 104 Stat. 4015

    Source evidence

    Code source credit
    Pub. L. 87–128, title III, § 306C, as added Pub. L. 101–624, title XXIII, § 2327, Nov. 28, 1990, 104 Stat. 4015

  2. Pub. L. 102–237 title VII § 701(b) · 105 Stat. 1818

    Changed · 7 U.S.C. § 1926c(a)(2)

    Pub. L. 102–237 realigned margins of subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–237 realigned margins of subpars. (A) and (B).

    Enacted provision · exact public law section
    (b) Amendments to Section 306C(a)(2).— Subparagraphs (A) and (B) of section 306C(a)(2) of such Act (7 U.S.C. 1926c(a)(2) (A) and (B)) are each amended by moving the left margin of such subparagraphs 2 ems to the right.

    Effective date note
    Amendment by 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, see section 1101(b)(6) of Pub. L. 102–237, set out as a note under section 1421 of this title.

  3. Agricultural Credit Improvement Act of 1992

    Pub. L. 102–554 § 24 · 106 Stat. 4142

    Amended · 7 U.S.C. § 1926c(a)(2)

    Pub. L. 102–554 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “(2) Certain counties targeted.—Loans and grants under paragraph (1) shall be made only if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a county—

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–554 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “(2) Certain counties targeted.—Loans and grants under paragraph (1) shall be made only if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a county—

    “(A) the per capita income of the residents of which is not more than 70 percent of the national average per capita income, as determined by the Department of Commerce; and “(B) the unemployment rate of the residents of which is not less than 125 percent of the national average unemployment rate, as determined by the Bureau of Labor Statistics.”

    Enacted provision · exact public law section
    SEC. 24. TECHNICAL AMENDMENT. Section 306C(a)(2) is amended to read as follows: 7 USC 1926c. “(2) Certain areas targeted.— “(A) In general.— Loans and grants under paragraph (1) shall be made only if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a county— “(i) the per capita income of the residents of which is not more than 70 percent of the national average per capita income, as determined by the Department of Commerce; and “(ii) the unemployment rate of the residents of which is not less than 125 percent of the national average unemployment rate, as determined by the Bureau of Labor Statistics. “(B) Exception.— Notwithstanding subparagraph (A), loans and grants under paragraph (1) may also be made if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a rural area that was recognized as a colonia as of October 1, 1989”.

  4. Farm Credit Banks and Associations Safety and Soundness Act of 1992

    Pub. L. 102–552 § 516 · 106 Stat. 4102

    Substituted · 7 U.S.C. § 1926c(b)(1)

    Pub. L. 102–552, § 516(l), substituted “, connecting the systems to the residences of the individuals, or installing plumbing and fixtures within the residences of the individuals to facilitate the use of the water supply and waste disposal systems” for “or connecting such systems to the residences of such individuals”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–552, § 516(l), substituted “, connecting the systems to the residences of the individuals, or installing plumbing and fixtures within the residences of the individuals to facilitate the use of the water supply and waste disposal systems” for “or connecting such systems to the residences of such individuals”.

    Enacted provision · exact public law section
    SEC. 516. TECHNICAL CORRECTIONS. (a) Correction of Reference to Section 1236 of the Food Security Act of 1985.— The matter under the heading “construc-tion and anadromous fish” of title I of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1918) is amended by striking “title 16 16 USC 3832. U.S.C. section 3832(a)(6)” and inserting “section 1232(a)(6) of the Food Security Act of 1985 (16 U.S.C. 3832(a)(6))”. (b) Section 1245(b) of the Food Security Act of 1985.— (1) Correction.— Section 1245(b) of the Food Security Act of 1985 (16 U.S.C. 3845(b)) is amended by striking “(A) through (G)” and inserting “A through G”. (2) Effective date.— The amendment made by paragraph 16 USC 3845 note. (1) shall take effect immediately after section 1443 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3602) took effect. (c) Section 307(a)(6)(B) of the Consolidated Farm and Rural Development Act.— (1) Correction.— Section 307(a)(6)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)(6)(B)) is amended by striking clause (ii), and by redesignating clauses (iii) through (viii) as clauses (ii) through (vii), respectively. (2) Effective date.— The amendments made by paragraph 7 USC 1927 note. (1) of this subsection shall take effect at the same time as the amendments made by section 501(a) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102–237; 105 Stat. 1865) took effect. (d) Section 310B(c) of the Consolidated Farm and Rural Development Act.— Section 310B(c) (7 U.S.C. 1932(c)) is amended by striking “business enterprises,” and inserting “business enterprises or the creation, expansion, and operation of rural distance learning networks or rural learning programs that provide educational instruction or job training instruction related to potential employment or job advancement to adult students,”. (e) Section 310D(a) of the Consolidated Farm and Rural Development Act.— (1) Correction.— Section 310D(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1934(a)) is amended by striking “304(d)(1)” and inserting “304(a)(1)”. (2) Effective date.— The amendment made by paragraph 7 USC 1934 note. (1) of this subsection shall take effect at the same time as the amendments made by section 501(a) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102–237; 105 Stat. 1865) took effect. (f) Section 312(a) of the Consolidated Farm and Rural Development Act.— (1) Replacement of unexecutable amendment made by the food agriculture .— (A) Correction.— Subsection (b) of section 1818 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3830) is amended to read 7 USC 1942. as follows: “(b) Operating Loan Purposes.— The first sentence of section 312(a) (7 U.S.C. 1942(a)) is amended— “(1) by striking ‘and’ at the end of clause (11); and “(2) by inserting ‘, and (13) borrower training under section 359’ before the period at the end.” (B) Effective date.— The amendment made by 7 USC 1942 note. subparagraph (A) shall take effect as if included in the Food, Agriculture, Conservation, and Trade Act of 1990 at the time such Act became law. (2) Repeal of unexecutable amendment made by the food, agriculture, conservation, and trade act amendments of 1991.— Subsection (b) of section 501 of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 7 USC 1942 and note. (Public Law 102–237; 105 Stat. 1866) is repealed. The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) shall be applied and administered as if such subsection had never become law. (g) Amendments to Section 331E of the Consolidated Farm and Rural Development Act.— (1) Correction.— Section 331E of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981e) is amended— (A) in subsection (a), by striking “Disaster Relief Act of 1974” and inserting “Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)”; and (B) in subsection (b), by inserting “Robert T. Stafford” before “Disaster Relief”. (2) Effective date.— The amendments made by paragraph (1) of this subsection shall take effect immediately after section 501(d) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102–237; 105 Stat. 1866) took effect. (h) Section 335(e)(1)(A)(i) of the Consolidated Farm and Rural Development Act.— (1) Corrections to amendment made by the food, agriculture, conservation, and trade act amendments of 1991.— Section 501(f)(1) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102–237; 7 USC 1985. 105 Stat. 1867) is amended— (A) by inserting “the first place such term appears” before “and all that follows”; and (B) by striking “borrower-owner (as defined in subparagraph (F))” and inserting “the borrower-owner (as defined in subparagraph (F))”. (2) Effective date.— The amendments made by paragraph (1) of this subsection shall take effect immediately after section 501(f) of the Food, Agriculture, Conservation, and Trade Act of 1990 took effect. (i) Section 352(a) of the Consolidated Farm and Rural Development Act.— Section 352(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2000(a)) is amended by redesignating the second paragraph (4) as paragraph (5). (j) Section 352(b)(2) of the Consolidated Farm and Rural Development Act.— (1) Correction.— Section 352(b)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2000(b)(2)) is amended by striking “borrower’s” and inserting “borrower-owner’s”. (2) Effective date.— The amendment made by paragraph (1) of this subsection shall take effect at the same time as the amendments made by section 501(f) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102-237; 105 Stat. 1867) took effect. (k) Section 702(h)(2) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991.— Section 702(h)(2) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102–237; 105 Stat. 1881) is amended by inserting 7 USC 1991 note. “section” before “2388(h)(3)”. (l) Section 306C(b)(1) of the Consolidated Farm and Rural Development Act.— Section 306C(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926c(b)(1)) is amended by striking “or connecting such systems to the residences of such individuals” and inserting “, connecting the systems to the residences of the individuals, or installing plumbing and fixtures within the residences of the individuals to facilitate the use of the water supply and waste disposal systems”. (m) Section 306C of the Consolidated Farm and Rural Development Act.— Section 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926c) is amended by adding at the end the following new subsection: “(f) Regulations.— Not later than 30 days after the date of enactment of this subsection, the Secretary shall issue interim final regulations, with a request for public comments, implementing this section.”.

  5. Farm Credit Banks and Associations Safety and Soundness Act of 1992

    Pub. L. 102–552 § 516(m) · 106 Stat. 4102

    Added · 7 U.S.C. § 1926c(f)

    Pub. L. 102–552, § 516(m), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–552, § 516(m), added subsec. (f).

    Enacted provision · exact public law section
    (m) Section 306C of the Consolidated Farm and Rural Development Act.— Section 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926c) is amended by adding at the end the following new subsection: “(f) Regulations.— Not later than 30 days after the date of enactment of this subsection, the Secretary shall issue interim final regulations, with a request for public comments, implementing this section.”.

  6. Pub. L. 107–171 title VI § 6010 · 116 Stat. 134

    1. Added · 7 U.S.C. § 1926c(e)

      Pub. L. 107–171 added subsec. (e)

    2. Struck · 7 U.S.C. § 1926c(e)

      Pub. L. 107–171 struck out heading and text of former subsec. (e). Text read as follows: “There are authorized to be appropriated—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–171 added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “There are authorized to be appropriated—

    “(1) for grants under this section, $30,000,000 for each fiscal year; and “(2) for loans under this section, $30,000,000 for each fiscal year.”

    Enacted provision · exact public law section
    SEC. 6010. WATER AND WASTE FACILITY GRANTS FOR NATIVE AMERICAN TRIBES. Section 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926c) is amended by striking subsection (e) and inserting the following: “(e) Authorization of Appropriations.— “(1) In general.— Subject to paragraph (2), there are authorized to be appropriated— “(A) for grants under this section, $30,000,000 for each fiscal year; “(B) for loans under this section, $30,000,000 for each fiscal year; and “(C) in addition to grants provided under subparagraph (A), for grants under this section to benefit Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), $20,000,000 for each fiscal year. “(2) Exception.— An entity eligible to receive funding through a grant made under section 306D shall not be eligible for a grant from funds made available under paragraph (1)(C).”.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1991–2002 · 3 rounds

2002

Subsec. (e). Pub. L. 107–171 added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “There are authorized to be appropriated—

“(1) for grants under this section, $30,000,000 for each fiscal year; and

“(2) for loans under this section, $30,000,000 for each fiscal year.”

1992

Subsec. (a)(2). Pub. L. 102–554 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “(2) Certain counties targeted.—Loans and grants under paragraph (1) shall be made only if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a county—

“(A) the per capita income of the residents of which is not more than 70 percent of the national average per capita income, as determined by the Department of Commerce; and

“(B) the unemployment rate of the residents of which is not less than 125 percent of the national average unemployment rate, as determined by the Bureau of Labor Statistics.”

Subsec. (b)(1). Pub. L. 102–552, § 516(l), substituted “, connecting the systems to the residences of the individuals, or installing plumbing and fixtures within the residences of the individuals to facilitate the use of the water supply and waste disposal systems” for “or connecting such systems to the residences of such individuals”.

Subsec. (f). Pub. L. 102–552, § 516(m), added subsec. (f).

1991

Subsec. (a)(2). Pub. L. 102–237 realigned margins of subpars. (A) and (B).

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by 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, see section 1101(b)(6) of Pub. L. 102–237, set out as a note under section 1421 of this title.

Credits

1990–2002 · 5 acts
  1. 1990Pub. L. 87–128, title III, § 306C, as added Pub. L. 101–624, title XXIII, § 2327, , 104 Stat. 4015
  2. 1991amended Pub. L. 102–237, title VII, § 701(b), , 105 Stat. 1879
  3. 1992Pub. L. 102–552, title V, § 516(l), (m), , 106 Stat. 4139
  4. 1992Pub. L. 102–554, § 24, , 106 Stat. 4161
  5. 2002Pub. L. 107–171, title VI, § 6010, , 116 Stat. 357.
Show as published

(Pub. L. 87–128, title III, § 306C, as added Pub. L. 101–624, title XXIII, § 2327, , 104 Stat. 4015; amended Pub. L. 102–237, title VII, § 701(b), , 105 Stat. 1879; Pub. L. 102–552, title V, § 516(l), (m), , 106 Stat. 4139; Pub. L. 102–554, § 24, , 106 Stat. 4161; Pub. L. 107–171, title VI, § 6010, , 116 Stat. 357.)

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