Title 7 — Agriculture
Chapter 31 — Rural Electrification and Telephone Service
§ 904. Loans for electrical plants and transmission lines
Statutory text
In general
The Secretary is authorized and empowered, from the sums hereinbefore authorized, to make loans for rural electrification to persons, corporations, States, Territories, and subdivisions and agencies thereof, municipalities, peoples’ utility districts and cooperative, nonprofit, or limited-dividend associations, organized under the laws of any State or Territory of the United States, for the purpose of financing the construction and operation of generating plants, electric transmission and distribution lines or systems for the furnishing and improving of electric service to persons in rural areas, including by assisting electric borrowers to implement demand side management, energy efficiency and conservation programs, and on-grid and off-grid renewable energy systems, and loans, from funds available under section 903 of this title, to cooperative associations and municipalities for the purpose of enabling said cooperative associations, and municipalities to the extent that such indebtedness was incurred with respect to electric transmission and distribution lines or systems or portions thereof serving persons in rural areas, to discharge or refinance long-term debts owed by them to the Tennessee Valley Authority on account of loans made or credit extended under the terms of the Tennessee Valley Authority Act of 1933, as amended [16 U.S.C. 831 et seq.]: Provided, That the Secretary, in making such loans, shall give preference to States, Territories, and subdivisions and agencies thereof, municipalities, peoples’ utility districts, and cooperative, nonprofit, or limited-dividend associations, the projects of which comply with the requirements of this chapter.
Terms and conditions
Such loans shall be on such terms and conditions relating to the expenditure of the moneys loaned and the security therefor as the Secretary shall determine and may be made payable in whole or in part out of the income, except that no loan for the construction, operation, or enlargement of any generating plant shall be made unless the consent of the State authority having jurisdiction in the premises is first obtained.
Direct loans
Direct hardship loans
Direct hardship loans under this section shall be for the same purposes and on the same terms and conditions as hardship loans made under section 935(c)(1) of this title.
Other direct loans
All other direct loans under this section shall bear interest at a rate equal to the then current cost of money to the Government of the United States for loans of similar maturity, plus ⅛ of 1 percent.
Certification
Loans under this section shall not be made unless the Secretary finds and certifies that in his judgment the security therefor is reasonably adequate and such loan will be repaid within the time agreed.
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.
Pub. L. 74–432 · 49 Stat. 513
Enacted · 7 U.S.C. § 904
May 20, 1936, ch. 432, title I, § 4, 49 Stat. 1365
Source evidence
Code source credit
May 20, 1936, ch. 432, title I, § 4, 49 Stat. 1365Pub. L. 103–129 § 2(c)(2) · 107 Stat. 1356
Inserted · 7 U.S.C. § 904
Pub. L. 103–129 inserted “and for the furnishing and improving of electric service to persons in rural areas, including by assisting electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems” after “central station service”
Source evidence
Code amendment note
Pub. L. 103–129 inserted “and for the furnishing and improving of electric service to persons in rural areas, including by assisting electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems” after “central station service”.Enacted provision · exact public law section
(C) by inserting after subsection (b) (as so redesignated) the following new subsections:Department of Agriculture Reorganization Act of 1994
Pub. L. 103–354 title II § 235(a)(13) · 108 Stat. 3178
Substituted · 7 U.S.C. § 904
Pub. L. 103–354 substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Pub. L. 103–354 substituted “Secretary” for “Administrator”.Enacted provision · exact public law section
(13) except as otherwise provided in this subsection, by striking “Administrator” each place it appears in such Act and inserting “Secretary”.Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 title VII § 773 · 110 Stat. 888
Struck · 7 U.S.C. § 904
Pub. L. 104–127, in first sentence, struck out “for the furnishing of electric energy to persons in rural areas who are not receiving central station service and” after “transmission and distribution lines or systems”
Substituted · 7 U.S.C. § 904
Pub. L. 104–127, in first sentence, substituted “section 903 of this title,” for “the provisions of sections 903(d) and 903(e) of this title but without regard to the 25 per centum limitation therein contained,”, in second sentence
Substituted · 7 U.S.C. § 904
Pub. L. 104–127, in first sentence, substituted “, except that” for “: Provided, further, That all such loans shall be self-liquidating within a period of not to exceed thirty-five years, and shall bear interest at the rate of 2 per centum per annum; interest rates on the unmatured and unpaid balance of any loans made pursuant to this section prior to September 21, 1944, shall be adjusted to 2 per centum per annum, and the maturity date of any such loans may be readjusted to occur at a date not beyond thirty-five years from the date of such loan: And provided further, That”, and in third sentence
Struck · 7 U.S.C. § 904
Pub. L. 104–127, in first sentence, struck out “and section 905 of this title” before “shall not be made”
Source evidence
Code amendment note
Pub. L. 104–127, in first sentence, struck out “for the furnishing of electric energy to persons in rural areas who are not receiving central station service and” after “transmission and distribution lines or systems” and substituted “section 903 of this title,” for “the provisions of sections 903(d) and 903(e) of this title but without regard to the 25 per centum limitation therein contained,”, in second sentence, substituted “, except that” for “: Provided, further, That all such loans shall be self-liquidating within a period of not to exceed thirty-five years, and shall bear interest at the rate of 2 per centum per annum; interest rates on the unmatured and unpaid balance of any loans made pursuant to this section prior to September 21, 1944, shall be adjusted to 2 per centum per annum, and the maturity date of any such loans may be readjusted to occur at a date not beyond thirty-five years from the date of such loan: And provided further, That”, and in third sentence, struck out “and section 905 of this title” before “shall not be made”.Enacted provision · exact public law section
SEC. 773. LOANS FOR ELECTRICAL PLANTS AND TRANSMISSION LINES. Section 4 of the Rural Electrification Act of 1936 (7 U.S.C. 904) is amended— (1) in the first sentence— (A) by striking “for the furnishing of” and all that follows through “central station service and”; and (B) by striking “the provisions of sections 3(d) and 3(e) but without regard to the 25 per centum limitation therein contained,” and inserting “section 3,”; (2) in the second sentence, by striking “: Provided further, That all” and all that follows through “loan: And provided further, That” and inserting “, except that”; and (3) in the third sentence, by striking “and section 5”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 6102(a) · 122 Stat. 1651
Amended · 7 U.S.C. § 904
Pub. L. 110–246, § 6102(a), designated first, second, and third sentences as subsecs. (a), (b), and (d), respectively
Added · 7 U.S.C. § 904
Pub. L. 110–246, § 6102(a), added subsec. (c)
Source evidence
Code amendment note
Pub. L. 110–246, § 6102(a), designated first, second, and third sentences as subsecs. (a), (b), and (d), respectively, and added subsec. (c).Enacted provision · exact public law section
(a) In General.— Section 4 of the Rural Electrification Act of 1936 (7 U.S.C. 904) is amended— (1) by designating the first, second, and third sentences as subsections (a), (b), and (d), respectively; and (2) by inserting after subsection (b) (as so designated) the following: “(c) Direct Loans.— “(1) Direct hardship loans.— Direct hardship loans under this section shall be for the same purposes and on the same terms and conditions as hardship loans made under section 305(c)(1). “(2) Other direct loans.— All other direct loans under this section shall bear interest at a rate equal to the then current cost of money to the Government of the United States for loans of similar maturity, plus ⅛ of 1 percent.” .Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 6101 · 122 Stat. 1651
Inserted · 7 U.S.C. § 904
Pub. L. 110–246, § 6101, inserted “efficiency and” before “conservation” in first sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–246, § 6101, inserted “efficiency and” before “conservation” in first sentence.Enacted provision · exact public law section
SEC. 6101. ENERGY EFFICIENCY PROGRAMS. Sections 2(a) and 4 of the Rural Electrification Act of 1936 (7 U.S.C. 902(a), 904) are amended by inserting “efficiency and” before “conservation” each place it appears.Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Tennessee Valley Authority Act of 1933, referred to in subsec. (a), is act May 18, 1933. ch. 32. 48 Stat. 58, which is classified generally to chapter 12A (§ 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables.
Codification
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.
Amendments1944–2008 · 8 rounds
2008
Pub. L. 110–246, § 6102(a), designated first, second, and third sentences as subsecs. (a), (b), and (d), respectively, and added subsec. (c).
Pub. L. 110–246, § 6101, inserted “efficiency and” before “conservation” in first sentence.
1996
Pub. L. 104–127, in first sentence, struck out “for the furnishing of electric energy to persons in rural areas who are not receiving central station service and” after “transmission and distribution lines or systems” and substituted “section 903 of this title,” for “the provisions of sections 903(d) and 903(e) of this title but without regard to the 25 per centum limitation therein contained,”, in second sentence, substituted “, except that” for “: Provided, further, That all such loans shall be self-liquidating within a period of not to exceed thirty-five years, and shall bear interest at the rate of 2 per centum per annum; interest rates on the unmatured and unpaid balance of any loans made pursuant to this section prior to , shall be adjusted to 2 per centum per annum, and the maturity date of any such loans may be readjusted to occur at a date not beyond thirty-five years from the date of such loan: And provided further, That”, and in third sentence, struck out “and section 905 of this title” before “shall not be made”.
1994
Pub. L. 103–354 substituted “Secretary” for “Administrator”.
1993
Pub. L. 103–129 inserted “and for the furnishing and improving of electric service to persons in rural areas, including by assisting electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems” after “central station service”.
1955
Act , substituted “25 per centum” for “10 per centum”.
1949
Act , inserted “for rural electrification” after “to make loans” in first sentence, and inserted “title I,” in credit of act .
1948
Act , permitted certain municipalities to refinance with R.E.A. their indebtedness with T.V.A.
1944
Act , inserted provision authorizing loans to cooperative associations to enable them to discharge or refinance debts owed to the Tennessee Valley Authority.
Act , extended limit of self-liquidating period from 25 to 35 years and changing the rate of interest.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Credits
1936–2008 · 11 acts
- 1936May 20, 1936, ch. 432, title I, § 4, 49 Stat. 1365
- 1944Sept. 21, 1944, ch. 412, title V, §§ 502(a), 503, 58 Stat. 739, 740
- 1944Dec. 23, 1944, ch. 725, 58 Stat. 925
- 1948June 29, 1948, ch. 703, 62 Stat. 1070
- 1949Oct. 28, 1949, ch. 776, §§ 2, 4(e), 63 Stat. 948
- 1955June 15, 1955, ch. 139, § 2, 69 Stat. 132
- 1993Pub. L. 103–129, § 2(c)(2), , 107 Stat. 1363
- 1994Pub. L. 103–354, title II, § 235(a)(13), , 108 Stat. 3221
- 1996Pub. L. 104–127, title VII, § 773, , 110 Stat. 1149
- 2008Pub. L. 110–234, title VI, §§ 6101, 6102(a), , 122 Stat. 1195
- 2008Pub. L. 110–246, § 4(a), title VI, §§ 6101, 6102(a), , 122 Stat. 1664, 1956.
Show as published
(May 20, 1936, ch. 432, title I, § 4, 49 Stat. 1365; Sept. 21, 1944, ch. 412, title V, §§ 502(a), 503, 58 Stat. 739, 740; Dec. 23, 1944, ch. 725, 58 Stat. 925; June 29, 1948, ch. 703, 62 Stat. 1070; Oct. 28, 1949, ch. 776, §§ 2, 4(e), 63 Stat. 948; June 15, 1955, ch. 139, § 2, 69 Stat. 132; Pub. L. 103–129, § 2(c)(2), , 107 Stat. 1363; Pub. L. 103–354, title II, § 235(a)(13), , 108 Stat. 3221; Pub. L. 104–127, title VII, § 773, , 110 Stat. 1149; Pub. L. 110–234, title VI, §§ 6101, 6102(a), , 122 Stat. 1195; Pub. L. 110–246, § 4(a), title VI, §§ 6101, 6102(a), , 122 Stat. 1664, 1956.)