Sec. 6001. Reorganization of the Consolidated Farm and Rural Development Act
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Title III of the Agricultural Act of 1961 ( 7 U.S.C. 1921 et seq. ) is amended to read as follows: This title may be cited as the . Consolidated Farm and Rural Development Act The table of contents of this title is as follows: TITLE III—Agricultural credit Sec. 3001. Short title; table of contents. Sec. 3002. Definitions. Subtitle A—Farmer loans, servicing, and other assistance Chapter 1—Farm ownership loans Sec. 3101. Farm ownership loans. Sec. 3102. Purposes of loans. Sec. 3103.
Conservation loan and loan guarantee program. Sec. 3104. Loan maximums. Sec. 3105. Repayment requirements for farm ownership loans. Sec. 3106. Limited-resource loans. Sec. 3107. Downpayment loan program. Sec. 3108. Beginning farmer and socially disadvantaged farmer contract land sales program. Chapter 2—Operating loans Sec. 3201. Operating loans. Sec. 3202. Purposes of loans. Sec. 3203. Restrictions on loans. Sec. 3204. Terms of loans. Chapter 3—Emergency loans Sec. 3301. Emergency loans.
Sec. 3302. Purposes of loans. Sec. 3303. Terms of loans. Sec. 3304. Production losses. Chapter 4—General farmer loan provisions Sec. 3401. Agricultural Credit Insurance Fund. Sec. 3402. Guaranteed farmer loans. Sec. 3403. Provision of information to borrowers. Sec. 3404. Notice of loan service programs. Sec. 3405. Planting and production history guidelines. Sec. 3406. Special conditions and limitations on loans. Sec. 3407. Graduation of borrowers. Sec. 3408. Debt adjustment and credit counseling.
Sec. 3409. Security servicing. Sec. 3410. Contracts on loan security properties. Sec. 3411. Debt restructuring and loan servicing. Sec. 3412. Relief for mobilized military reservists from certain agricultural loan obligations. Sec. 3413. Interest rate reduction program. Sec. 3414. Homestead property. Sec. 3415. Transfer of inventory land. Sec. 3416. Target participation rates. Sec. 3417. Compromise or adjustment of debts or claims by guaranteed lender. Sec. 3418. Waiver of mediation rights by borrowers.
Sec. 3419. Borrower training. Sec. 3420. Loan assessments. Sec. 3421. Supervised credit. Sec. 3422. Market placement. Sec. 3423. Recordkeeping of loans by gender of borrower. Sec. 3424. Crop insurance requirement. Sec. 3425. Loan and loan servicing limitations. Sec. 3426. Short form certification of farm program borrower compliance. Sec. 3427. Underwriting forms and standards. Sec. 3428. Beginning farmer individual development accounts pilot program. Sec. 3429. Farmer loan pilot projects.
Sec. 3430. Prohibition on use of loans for certain purposes. Sec. 3431. Authorization of appropriations and allocation of funds. Subtitle B—Rural development Chapter 1—Rural community programs Sec. 3501. Water and waste disposal loans, loan guarantees, and grants. Sec. 3502. Community facilities loans, loan guarantees, and grants. Sec. 3503. Health care services. Chapter 2—Rural business and cooperative development Sec. 3601. Business programs. Sec. 3602. Rural Business Investment Program.
Chapter 3—General rural development provisions Sec. 3701. General provisions for loans and grants. Sec. 3702. Strategic economic and community development. Sec. 3703. Guaranteed rural development loans. Sec. 3704. Rural Development Insurance Fund. Sec. 3705. Rural economic area partnership zones. Sec. 3706. Streamlining applications and improving accessibility of rural development programs. Sec. 3707. State Rural Development Partnership. Chapter 4—Delta Regional Authority Sec. 3801.
Definitions. Sec. 3802. Delta Regional Authority. Sec. 3803. Economic and community development grants. Sec. 3804. Supplements to Federal grant programs. Sec. 3805. Local development districts; certification and administrative expenses. Sec. 3806. Distressed counties and areas and nondistressed counties. Sec. 3807. Development planning process. Sec. 3808. Program development criteria. Sec. 3809. Approval of development plans and projects. Sec. 3810. Consent of States. Sec. 3811.
Records. Sec. 3812. Annual report. Sec. 3813. Authorization of appropriations. Sec. 3814. Termination of authority. Chapter 5—Northern Great Plains Regional Authority Sec. 3821. Definitions. Sec. 3822. Northern Great Plains Regional Authority. Sec. 3823. Interstate cooperation for economic opportunity and efficiency. Sec. 3824. Economic and community development grants. Sec. 3825. Supplements to Federal grant programs. Sec. 3826. Multistate and local development districts and organizations and Northern Great Plains Inc.
Sec. 3827. Distressed counties and areas and nondistressed counties. Sec. 3828. Development planning process. Sec. 3829. Program development criteria. Sec. 3830. Approval of development plans and projects. Sec. 3831. Consent of States. Sec. 3832. Records. Sec. 3833. Annual report. Sec. 3834. Authorization of appropriations. Sec. 3835. Termination of authority. Subtitle C—General provisions Sec. 3901. Full faith and credit. Sec. 3902. Purchase and sale of guaranteed portions of loans.
Sec. 3903. Administration. Sec. 3904. Loan moratorium and policy on foreclosures. Sec. 3905. Oil and gas royalty payments on loans. Sec. 3906. Taxation. Sec. 3907. Conflicts of interest. Sec. 3908. Loan summary statements. Sec. 3909. Certified lenders program. Sec. 3910. Loans to resident aliens. Sec. 3911. Expedited clearing of title to inventory property. Sec. 3912. Transfer of land to Secretary. Sec. 3913. Competitive sourcing limitations. Sec. 3914. Regulations. In this title (unless the context otherwise requires):
The term able to obtain credit elsewhere means able to obtain a loan from a production credit association, a Federal land bank, or other responsible cooperative or private credit source (or, in the case of a borrower under section 3106, the borrower may be able to obtain a loan under section 3101) at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time.
The term Agricultural Credit Insurance Fund means the fund established under section 3401. The term approved lender means— a lender approved prior to October 28, 1992, by the Secretary under the approved lender program established by exhibit A to subpart B of part 1980 of title 7, Code of Federal Regulations (as in effect on January 1, 1991); or a lender certified under section 3909. The term aquaculture means the culture or husbandry of aquatic animals or plants by private industry for commercial purposes, including the culture and growing of fish by private industry for the purpose of creating or augmenting publicly owned and regulated stocks of fish.
The term beginning farmer has the meaning given the term by the Secretary. Except as provided in subparagraph (B), the term borrower means an individual or entity who has an outstanding obligation to the Secretary under any loan made or guaranteed under this title, without regard to whether the loan has been accelerated. The term borrower does not include an individual or entity all of whose loans and accounts have been foreclosed on or liquidated, voluntarily or otherwise. The term county committee means the appropriate county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(b)(5) ).
Except as provided in subparagraph (B), the term debt forgiveness means reducing or terminating a loan made or guaranteed under this title, in a manner that results in a loss to the Secretary, through— writing down or writing off a loan under section 3411; compromising, adjusting, reducing, or charging-off a debt or claim under section 3903; paying a loss on a guaranteed loan under this title; or discharging a debt as a result of bankruptcy. The term debt forgiveness does not include consolidation, rescheduling, reamortization, or deferral.
The term Department means the Department of Agriculture. The term direct loan means a loan made by the Secretary from appropriated funds. The term entity means a corporation, farm cooperative, partnership, joint operation, governmental entity, or other legal organization, as determined by the Secretary. The term farm means an operation involved in— the production of an agricultural commodity; ranching; or aquaculture, in a controlled environment. The term farmer means an individual or entity engaged primarily and directly in— the production of an agricultural commodity; ranching; or aquaculture, in a controlled environment.
The term farmer program loan means— a farm ownership loan under section 3101; a conservation loan under section 3103; an operating loan under section 3201; an emergency loan under section 3301; an economic emergency loan under section 202 of the Emergency Agricultural Credit Adjustment Act of 1978 (7 U.S.C. prec. 1961 note; Public Law 95–334 ); a loan for a farm service building under section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 ); an economic opportunity loan under section 602 of the Economic Opportunity Act of 1964 ( Public Law 88–452 ; 42 U.S.C. 2942 note) (as it existed before the amendment made by section 683(a) of the Omnibus Budget Reconciliation Act of 1981 ( Public Law 97–35 ; 95 Stat. 519)); a softwood timber loan under section 608 of the Agricultural Programs Adjustment Act of 1984 ( 7 U.S.C. 1981 note;
Public Law 98–258 ); or any other loan described in section 343(a)(10) of this title (as it existed before the amendment made by section 2 of the Agriculture Reform, Food, and Jobs Act of 2013 ) that is outstanding on the date of enactment of that Act. The term Farm Service Agency means the offices of the Farm Service Agency to which the Secretary delegates responsibility to carry out this title. The term governmental entity means any agency of a State or a unit of local government of a State, or subdivision thereof.
The term guarantee means guaranteeing the payment of a loan originated, held, and serviced by a private financial agency, or lender, approved by the Secretary. The term highly erodible land has the meaning given the term in section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ). The term homestead retention means homestead retention as authorized under section 3414. The term Indian tribe means a Federal or State-recognized Indian tribe or other federally recognized Indian tribal group (including a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ).
The term loan service program means, with respect to a farmer program loan borrower, a primary loan service program or a homestead retention program. The term natural or major disaster or emergency means— a disaster due to nonmanmade causes declared by the Secretary; or a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). The term primary loan service program means, with respect to a farmer program loan— loan consolidation, rescheduling, or reamortization; interest rate reduction, including the use of the limited resource program; loan restructuring, including deferral, set aside, or writing down of the principal or accumulated interest charges, or both, of the loan; or any combination of actions described in subparagraphs (A), (B), and (C).
The term prime farmland means prime farmland and unique farmland (as defined in subsections
(a)and
(b)of section 657.5 of title 7, Code of Federal Regulations (1980)). For purposes of section 3501, the term project includes a facility providing central service or a facility serving an individual property, or both. The term qualified beginning farmer means an applicant, regardless of whether the applicant is participating in a program under section 3107, who— is eligible for assistance under subtitle A; has not operated a farm, or has operated a farm for not more than 10 years; in the case of a cooperative, corporation, partnership, or joint operation, has members, stockholders, partners, or joint operators who are all related to each other by blood or marriage; in the case of a farmer who is the owner and operator of a farm— in the case of a loan made to an individual, individually or with the immediate family of the applicant— materially and substantially participates in the operation of the farm; and provides substantial day-to-day labor and management of the farm, consistent with the practices in the State or county in which the farm is located; or in the case of a loan made to a cooperative, corporation, partnership, or joint operation, has members, stockholders, partners, or joint operators who materially and substantially participate in the operation of the farm; and in the case of a loan made to a corporation, has stockholders who all qualify individually as beginning farmers; in the case of an applicant seeking to become an owner and operator of a farm— in the case of a loan made to an individual, individually or with the immediate family of the applicant, will— materially and substantially participate in the operation of the farm; and provide substantial day-to-day labor and management of the farm, consistent with the practices in the State or county in which the farm is located; or in the case of a loan made to a cooperative, corporation, partnership, or joint operation, will have members, stockholders, partners, or joint operators who will materially and substantially participate in the operation of the farm; and in the case of a loan made to a corporation, has stockholders who will all qualify individually as beginning farmers; agrees to participate in such loan assessment, borrower training, and financial management programs as the Secretary may require; does not own farm land; or directly or through interests in family farm corporations, owns farm land, the aggregate acreage of which does not exceed 30 percent of the average acreage of the farms, as the case may be, in the county in which the farm operations of the applicant are located, as reported in the most recent census of agriculture taken in accordance with the Census of Agriculture Act of 1997 ( 7 U.S.C. 2204g et seq. ), except that this subparagraph shall not apply to a loan made or guaranteed under chapter 2 of subtitle A; and demonstrates that the available resources of the applicant and any spouse of the applicant are not sufficient to enable the applicant to farm on a viable scale. For purposes of section 3410, the term recreational purpose has the meaning provided by the Secretary, but shall include hunting. Subject to any determination made under subparagraph (B), the terms rural’ and ‘rural area mean any area other than— a city or town that has a population of greater than 50,000 inhabitants; and any urbanized area contiguous and adjacent to a city or town described in clause (i). If part of an area described in subparagraph (A)(ii) was eligible under the definitions of the terms rural and rural area in section 343 (as in effect on the day before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 ) for community facility, water and waste disposal, and broadband programs, that area shall remain eligible unless the Secretary, acting through the Under Secretary for Rural Development (referred to in this subparagraph as the Under Secretary ), determines the area is no longer rural, based on the criteria described in clause (iii). On petition of a unit of local government in an urbanized area described in subparagraph (A)(ii), or on the initiative of the Under Secretary, the Under Secretary may determine that part of an area is rural, based on the criteria described in clause (iii). In making a determination under clause (i), the Under Secretary shall consider— population density; economic conditions, favoring a rural determination for areas facing— chronic unemployment in excess of statewide averages; sudden loss of employment from natural disaster or the loss of a significant employer in the area; or chronic poverty demonstrated at the census block or county level compared to statewide median household income; and commuting patterns, favoring a rural determination for areas that can demonstrate higher proportions of the population living and working in the area. In carrying out this subparagraph, the Under Secretary shall— not delegate the authority to carry out this subparagraph; not make a determination under clause
(i)until the date that is 3 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 ; consult with the applicable rural development State or regional director of the Department and the Governor of the respective State; provide an opportunity to appeal to the Under Secretary a determination made under this subparagraph; release to the public notice of a petition filed or initiative of the Under Secretary under this subparagraph not later than 30 days after receipt of the petition or the commencement of the initiative, as appropriate; make a determination under this subparagraph not less than 15 days, and not more than 60 days, after the release of the notice under subclause (V); and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report on actions taken to carry out this subparagraph. Notwithstanding any other provision of this subsection, within the areas of the County of Honolulu, Hawaii, and the Commonwealth of Puerto Rico, the Under Secretary may designate any part of the areas as a rural area if the Under Secretary determines that the part is not urban in character, other than any area included in the Honolulu Census Designated Place or the San Juan Census Designated Place. Notwithstanding any other provision of this paragraph, in determining which census blocks in an urbanized area are not in a rural area (as defined in this paragraph), the Secretary shall exclude any cluster of census blocks that would otherwise be considered not in a rural area only because the cluster is adjacent to not more than 2 census blocks that are otherwise considered not in a rural area under this paragraph. The term seasoned direct loan borrower means a borrower who could reasonably be expected to qualify for commercial credit using criteria determined by the Secretary. The term Secretary means the Secretary of Agriculture. The term socially disadvantaged farmer means a farmer who is a member of a socially disadvantaged group. The term socially disadvantaged group means a group whose members have been subjected to racial, ethnic, or gender prejudice because of the identity of the members as members of a group without regard to the individual qualities of the members. The term solar energy means energy derived from sources (other than fossil fuels) and technologies included in the Federal Nonnuclear Energy Research and Development Act of 1974 ( 42 U.S.C. 5901 et seq. ). The term State means— in this title (other than subtitle A), each of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and in subtitle A, each of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and, to the extent the Secretary determines it to be feasible and appropriate, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. The term State beginning farmer program means any program that is— carried out by, or under contract with, a State; and designed to assist qualified beginning farmers in obtaining the financial assistance necessary to enter agriculture and establish viable farming operations. The term veteran has the meaning given the term in section 101 of title 38, United States Code. The term wetland has the meaning given the term in section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ). The term wildlife means fish or wildlife (as defined in section 2(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371(a) )). The Secretary may make grants and loans and issue loan guarantees (including a guarantee of a loan financed by the net proceeds of a bond described in section 142(a) of the Internal Revenue Code of 1986) to eligible entities described in subsection
(b)for projects in rural areas that primarily serve rural residents to provide for— the development, storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste; and financial assistance and other aid in the planning of projects for purposes described in paragraph (1). Entities eligible for assistance described in subsection
(a)are— associations (including corporations not operated for profit); Indian tribes; public and quasi-public agencies; and in the case of a project to attach an individual property in a rural area to a water system to alleviate a health risk, an individual. In connection with loans made or guaranteed under this section, the Secretary shall require the applicant— to certify in writing, and the Secretary shall determine, that the applicant is unable to obtain credit elsewhere to finance the actual needs of the applicant at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time; and to furnish an appropriate written financial statement. Except as otherwise provided in this subsection, the amount of any grant made under this section shall not exceed 75 percent of the development cost of the project for which the grant is provided. The Secretary shall establish the grant rate for each project in conformity with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have— lower community population; higher rates of outmigration; and lower income levels. Grants made under this section may be used to pay the local share requirements of another Federal grant-in-aid program to the extent permitted under the law providing for the grant-in-aid program. The Secretary may make grants to qualified, nonprofit entities in rural areas to capitalize revolving funds for the purpose of providing financing to eligible entities for— predevelopment costs associated with proposed water and wastewater projects or with existing water and wastewater systems; and short-term costs incurred for replacement equipment, small-scale extension services, or other small capital projects that are not part of the regular operations and maintenance activities of existing water and wastewater systems. The amount of financing made to an eligible entity under this paragraph shall not exceed— $100,000 for costs described in subparagraph (A)(i); and $100,000 for costs described in subparagraph (A)(ii). The term of financing provided to an eligible entity under this paragraph shall not exceed 10 years. The Secretary shall limit the amount of grant funds that may be used by a grant recipient for administrative costs incurred under this paragraph. A nonprofit entity receiving a grant under this paragraph shall submit to the Secretary an annual report that describes the number and size of communities served and the type of financing provided. There is authorized to be appropriated to carry out this paragraph $30,000,000 for each of fiscal years 2014 through 2018. The Secretary shall provide grants in accordance with this paragraph to assist the residents of rural areas and small communities to secure adequate quantities of safe water— after a significant decline in the quantity or quality of water available from the water supplies of the rural areas and small communities, or when such a decline is imminent; or when repairs, partial replacement, or significant maintenance efforts on established water systems would remedy— an acute or imminent shortage of quality water; or a significant or imminent decline in the quantity or quality of water that is available. In carrying out subparagraph (A), the Secretary shall— give priority to projects described in subparagraph (A)(i); and provide at least 70 percent of all grants under this paragraph to those projects. To be eligible to obtain a grant under this paragraph, an applicant shall— be a public or private nonprofit entity; and in the case of a grant made under subparagraph (A)(i), demonstrate to the Secretary that the decline referred to in that subparagraph occurred, or will occur, not later than 2 years after the date on which the application was filed for the grant. Grants made under this paragraph may be used— for waterline extensions from existing systems, laying of new waterlines, repairs, significant maintenance, digging of new wells, equipment replacement, and hook and tap fees; for any other appropriate purpose associated with developing sources of, treating, storing, or distributing water; to assist communities in complying with the requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) or the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); and to provide potable water to communities through other means. Subject to the restrictions in subparagraph (E), nothing in this paragraph precludes rural communities from submitting joint proposals for emergency water assistance. The restrictions in subparagraph
(E)shall be considered in the aggregate, depending on the number of communities involved. No grant provided under this paragraph shall be used to assist any rural area or community that has a median household income in excess of the State nonmetropolitan median household income according to the most recent decennial census of the United States. Not less than 50 percent of the funds allocated under this paragraph shall be allocated to rural communities with populations that do not exceed 3,000 inhabitants. Grants made under this paragraph may not exceed— in the case of each grant made under subparagraph (A)(i), $500,000; and in the case of each grant made under subparagraph (A)(ii), $150,000. Subject to subparagraph (F), grants under this paragraph shall be made in an amount equal to 100 percent of the costs of the projects conducted under this paragraph. The Secretary shall develop a nationally competitive application process to award grants under this paragraph. The process shall include criteria for evaluating applications, including population, median household income, and the severity of the decline, or imminent decline, in the quantity or quality of water. The application process developed by the Secretary under clause
(i)shall include a simplified application form that will permit expedited consideration of an application for a grant filed under this paragraph. In processing applications for any water or waste grant or loan authorized under this section, the Secretary shall afford priority processing to an application for a grant under this paragraph to the extent funds will be available for an award on the application at the conclusion of priority processing. The Secretary shall, to the maximum extent practicable, review and act on an application under this paragraph not later than 60 days after the date on which the application is submitted to the Secretary. For each fiscal year, not less than 3 nor more than 5 percent of the total amount made available to carry out this section for the fiscal year shall be reserved for grants under this paragraph. Funds reserved under subclause
(I)for a fiscal year shall be reserved only until July 1 of the fiscal year. In addition to funds made available under clause (i), there is authorized to be appropriated to carry out this paragraph $35,000,000 for each of fiscal years 2014 through 2018. In this paragraph, 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. The Secretary shall make or guarantee loans and make grants 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, training, and technical assistance to— rural water supply corporations, cooperatives, or similar entities; Indian tribes on Federal or State reservations and other federally recognized Indian tribes; rural or native villages in the State of Alaska; native tribal health consortiums; public agencies; and Native Hawaiian Home Lands. Loans and grants described in clause
(i)shall be available only to provide the described 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 residents of the community do not have access to, or are not served by, adequate affordable— water supply systems; or waste disposal facilities. For entities described under subclauses (III), (IV), or
(V)of clause
(i)to be eligible to receive a grant for water supply systems or waste disposal facilities, the State in which the project will occur shall provide 25 percent in matching funds from non-Federal sources. Loans and grants under clause
(i)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 or census area— 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 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. Notwithstanding subclause (I), loans and grants under clause
(i)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; or an area described under subclause (II), (III), or
(VI)of clause (i). The Secretary shall make or guarantee loans and make grants to individuals who reside in a community described in subparagraph (B)(i) 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. Loans described in clause
(i)shall be at a rate of interest no greater than the Federal Financing Bank rate on loans of a similar term at the time the loans are made. The repayment of loans described in clause
(i)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. Loans and grants to individuals under clause
(i)shall be made— directly to the individuals by the Secretary; or to the individuals through the rural water supply corporation, cooperative, or similar entity, or public agency, providing the water supply or waste disposal services, pursuant to regulations issued by the Secretary. The Secretary shall give preference in the awarding of loans and grants under subparagraphs
(B)and
(C)to entities described in clause
(i)of subparagraph
(B)that propose to provide water supply or waste disposal services to the residents of Indian reservations, rural or native villages in the State of Alaska, Native Hawaiian Home Lands, and 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. Notwithstanding any other provision of law, the head of any Federal agency may enter into interagency agreements with Federal, State, tribal, and other entities to share resources, including transferring and accepting funds, equipment, or other supplies, to carry out the activities described in this paragraph. There are authorized to be appropriated— for grants under this paragraph, $60,000,000 for each fiscal year; for loans under this paragraph, $60,000,000 for each fiscal year; and in addition to grants provided under clause (i), for grants under this section to benefit Indian tribes, $20,000,000 for each fiscal year. The Secretary may make grants to nonprofit organizations for the provision of regional technical assistance to local and regional governments and related agencies for the purpose of reducing or eliminating pollution of water resources and improving the planning and management of solid waste disposal facilities in rural areas. Grants made under this paragraph for the provision of technical assistance shall be made for 100 percent of the cost of the technical assistance. There is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2014 through 2018. The Secretary may make grants to nonprofit organizations to enable the organizations to provide to associations that provide water and wastewater services in rural areas technical assistance and training— to identify, and evaluate alternative solutions to, problems relating to the obtaining, storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste in rural areas; to prepare applications to receive financial assistance for any purpose specified in subsection (a)(1) from any public or private source; and to improve the operation and maintenance practices at any existing works for the storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste in rural areas. In selecting recipients of grants to be made under clause (i), the Secretary shall give priority to nonprofit organizations that have experience in providing the technical assistance and training described in clause
(i)to associations serving rural areas in which— residents have low income; and water supply systems or waste facilities are unhealthful. Except as provided in subclause (II), not less than 1 nor more than 3 percent of any funds made available to carry out water and waste disposal projects described in subsection
(a)for any fiscal year shall be reserved for grants under this paragraph. The minimum amount specified in subclause
(I)shall not apply if the aggregate amount of grant funds requested by applications that qualify for grants received by the Secretary from eligible nonprofit organizations for the fiscal year totals less than 1 percent of those funds. The Secretary shall continue a national rural water and wastewater circuit rider program that— is consistent with the activities and results of the program conducted before January 1, 2012, as determined by the Secretary; and received funding from the Secretary, acting through the Administrator of the Rural Utilities Service. There is authorized to be appropriated to carry out this subparagraph $25,000,000 for fiscal year 2014 and each fiscal year thereafter. The Secretary may establish a Special Evaluation Assistance for Rural Communities and Households (SEARCH) program to make predevelopment planning grants for feasibility studies, design assistance, and technical assistance, to financially distressed communities in rural areas with populations of 2,500 or fewer inhabitants for water and waste disposal projects described in this section. With respect to grants made under this paragraph, the Secretary shall require the lowest quantity of documentation practicable. Notwithstanding any other provision of this section, the Secretary may fund up to 100 percent of the eligible costs of grants provided under this paragraph, as determined by the Secretary. The Secretary may use not more than 4 percent of the total amount of funds made available for a fiscal year for water, waste disposal, and essential community facility activities under this chapter to carry out this paragraph. The funds and authorities provided under this paragraph are in addition to any other funds or authorities the Secretary may have to carry out activities described in this section. The Secretary may furnish financial assistance or other aid in planning projects for the purposes described in subparagraph (A). In making grants and loans, and guaranteeing loans, for water, wastewater, and waste disposal projects under this section, the Secretary shall give priority consideration to projects that serve rural communities that, as determined by the Secretary— have a population of less than 5,500 permanent residents; have a community water, wastewater, or waste disposal system that— is experiencing— an unanticipated reduction in the quality of water, the quantity of water, or the ability to deliver water; or some other deterioration in the supply of water to the community; is not adequate to meet the needs of the community; and requires immediate corrective action; are experiencing outmigration; have a high percentage of low-income residents; or are isolated from other significant population centers. The service provided or made available through any such association shall not be curtailed or limited by inclusion of the area served by such association within the boundaries of any municipal corporation or other public body, or by the granting of any private franchise for similar service within such area during the term of such loan; nor shall the happening of any such event be the basis of requiring such association to secure any franchise, license, or permit as a condition to continuing to serve the area served by the association at the time of the occurrence of such event. There are authorized to be appropriated to carry out this section such sums as are necessary. The Secretary may make grants and loans and issue loan guarantees (including a guarantee of a loan financed by the net proceeds of a bond described in section 142(a) of the Internal Revenue Code of 1986) to eligible entities described in subsection
(b)for projects in rural areas that primarily serve rural residents to provide for— essential community facilities, including— necessary equipment; recreational developments; and financial assistance and other assistance in the planning of projects for purposes described in this section. Entities eligible for assistance described in subsection
(a)are— associations (including corporations not operated for profit); Indian tribes (including groups of individuals described in paragraph
(4)of section 815 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992c )); and public and quasi-public agencies. In connection with loans made or guaranteed under this section, the Secretary shall require the applicant— to certify in writing, and the Secretary shall determine, that the applicant is unable to obtain credit elsewhere to finance the actual needs of the applicant; and to furnish an appropriate written financial statement. The Secretary shall establish and implement a program that is similar to the program established under section 3411, except that the debt restructuring and loan servicing procedures shall apply to delinquent community facility program loans to a hospital or health care facility under subsection (a). Except as otherwise provided in this subsection, the amount of any grant made under this section shall not exceed 75 percent of the development cost of the project for which the grant is provided. The Secretary shall establish the grant rate for each project in conformity with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have— low community population; high rates of outmigration; and low income levels. Grants made under this section may be used to pay the local share requirements of another Federal grant-in-aid program to the extent permitted under the law providing for the grant-in-aid program. In making grants and loans, and guaranteeing loans under this section, the Secretary shall give priority consideration to projects that serve rural communities that— have a population of less than 20,000 permanent residents; are experiencing outmigration; have a high percentage of low-income residents; or are isolated from other significant population centers. The Secretary may make grants to an entity that is a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )) to provide the Federal share of the cost of developing specific Tribal College or University essential community facilities in rural areas. The Secretary shall establish the maximum percentage of the cost of the project that may be covered by a grant under this subsection, except that the Secretary may not require non-Federal financial support in an amount that is greater than 5 percent of the total cost of the project. There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2014 through 2018. Subject to paragraph (2), the Secretary may use funds made available for community facilities programs authorized under this section to provide technical assistance to applicants and participants for community facilities programs. The Secretary may use not more than 3 percent of the amount of funds made available to participants for a fiscal year for a community facilities program to provide technical assistance described in paragraph (1). There are authorized to be appropriated to carry out this section such sums as are necessary. The purpose of this section is to address the continued unmet health needs in the Delta region through cooperation among health care professionals, institutions of higher education, research institutions, and other individuals and entities in the region. In this section, the term eligible entity means a consortium of regional institutions of higher education, academic health and research institutes, and economic development entities located in the Delta region that have experience in addressing the health care issues in the region. To carry out the purpose described in subsection (a), the Secretary may award a grant to an eligible entity for— the development of— health care services; health education programs; and health care job training programs; and the development and expansion of public health-related facilities in the Delta region to address longstanding and unmet health needs of the region. As a condition of the receipt of the grant, the eligible entity shall use the grant to fund projects and activities described in subsection (c), based on input solicited from local governments, public health care providers, and other entities in the Delta region. There is authorized to be appropriated to the Secretary to carry out this section $3,000,000 for each of fiscal years 2014 through 2018. The Secretary may make grants under this subsection to eligible entities described in paragraph
(2)in rural areas that primarily serve rural areas for purposes described in paragraph (3). The Secretary may make grants under this subsection to— governmental entities; Indian tribes; and nonprofit entities. Eligible entities that receive grants under this subsection may use the grant funds for— business opportunity projects that— identify and analyze business opportunities; identify, train, and provide technical assistance to existing or prospective rural entrepreneurs and managers; assist in the establishment of new rural businesses and the maintenance of existing businesses, including through business support centers; conduct regional, community, and local economic development planning and coordination, and leadership development; and establish centers for training, technology, and trade that will provide training to rural businesses in the use of interactive communications technologies to develop international trade opportunities and markets; and projects that support the development of business enterprises that finance or facilitate— the development of small and emerging private business enterprise; the establishment, expansion, and operation of rural distance learning networks; the development of rural learning programs that provide educational instruction or job training instruction related to potential employment or job advancement to adult students; and the provision of technical assistance and training to rural communities for the purpose of improving passenger transportation services or facilities. There is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. In this subsection: The term mid-tier value chain means a local and regional supply network that links independent producers with businesses and cooperatives that market value-added agricultural products in a manner that— targets and strengthens the profitability and competitiveness of small- and medium-sized farms that are structured as family farms; and obtains agreement from an eligible agricultural producer group, farmer cooperative, or majority-controlled producer-based business venture that is engaged in the value chain on a marketing strategy. The term producer means a farmer. The term value-added agricultural product means any agricultural commodity or product— that— has undergone a change in physical state; was produced in a manner that enhances the value of the agricultural commodity or product, as demonstrated through a business plan that shows the enhanced value, as determined by the Secretary; is physically segregated in a manner that results in the enhancement of the value of the agricultural commodity or product; is a source of farm-based renewable energy, including E–85 fuel; or is aggregated and marketed as a locally produced agricultural food product; and for which, as a result of the change in physical state or the manner in which the agricultural commodity or product was produced, marketed, or segregated— the customer base for the agricultural commodity or product is expanded; and a greater portion of the revenue derived from the marketing, processing, or physical segregation of the agricultural commodity or product is available to the producer of the commodity or product. The Secretary may make grants under this subsection to— independent producers of value-added agricultural products; and an agricultural producer group, farmer cooperative, or majority-controlled producer-based business venture, as determined by the Secretary. A grantee under subparagraph (A)(i) shall use the grant— to develop a business plan or perform a feasibility study to establish a viable marketing opportunity (including through mid-tier value chains) for value-added agricultural products; or to provide capital to establish alliances or business ventures that allow the producer to better compete in domestic or international markets. A grantee under subparagraph (A)(ii) shall use the grant— to develop a business plan for viable marketing opportunities in emerging markets for a value-added agricultural product; or to develop strategies that are intended to create marketing opportunities in emerging markets for the value-added agricultural product. In awarding grants under this subsection, the Secretary shall give priority to projects— that contribute to increasing opportunities for operators of small- and medium-sized farms that are structured as family farms; or at least 1/4 of the recipients of which are beginning farmers or socially disadvantaged farmers. In evaluating and ranking proposals under this subsection, the Secretary shall provide substantial weight to the priorities described in clause (i). The total amount provided to a grant recipient under this subsection shall not exceed $500,000. The total amount of all grants provided to majority-controlled, producer-based business ventures under this subsection for a fiscal year shall not exceed 10 percent of the amount of funds used to make all grants for the fiscal year under this subsection. The term of a grant under this paragraph shall not exceed 3 years. The Secretary shall offer a simplified application form and process for project proposals requesting less than $50,000 under this subsection. There is authorized to be appropriated to carry out this subsection $40,000,000 for each of fiscal years 2014 through 2018. The Secretary shall reserve 10 percent of the amounts made available for each fiscal year under this subsection to fund projects that benefit beginning farmers or socially disadvantaged farmers. The Secretary shall reserve 10 percent of the amounts made available for each fiscal year under this subsection to fund applications of eligible entities described in paragraph
(2)that propose to develop mid-tier value chains. Any amounts in the reserves for a fiscal year established under clauses
(i)and
(ii)that are not obligated by June 30 of the fiscal year shall be available to the Secretary to make grants under this subsection to eligible entities in any State, as determined by the Secretary. Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $12,500,000 for each of fiscal years 2014 through 2018, to remain available until expended. In this subsection: The term nonprofit institution means any organization or institution, including an accredited institution of higher education, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. The term United States means— the several States; and the District of Columbia. The Secretary shall make grants under this subsection to nonprofit institutions for the purpose of enabling the nonprofit institutions to establish and operate centers for rural cooperative development. The goals of a center funded under this subsection shall be to facilitate the creation of jobs in rural areas through the development of new rural cooperatives, value -added processing, and rural businesses. Any nonprofit institution seeking a grant under paragraph
(2)shall submit to the Secretary an application containing a plan for the establishment and operation by the institution of 1 or more centers for cooperative development. The Secretary may approve an application if the plan contains the following: A provision that substantiates that the center will effectively serve rural areas in the United States. A provision that the primary objective of the center will be to improve the economic condition of rural areas through cooperative development. A description of the activities that the center will carry out to accomplish the objective, which may include programs— for applied research and feasibility studies that may be useful to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; for the collection, interpretation, and dissemination of information that may be useful to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; providing training and instruction for individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; providing loans and grants to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; providing technical assistance, research services, and advisory services to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; and providing for the coordination of services and sharing of information by the center. A description of the contributions that the activities are likely to make to the improvement of the economic conditions of the rural areas for which the center will provide services. Provisions that the center, in carrying out the activities, will seek, if appropriate, the advice, participation, expertise, and assistance of representatives of business, industry, educational institutions, the Federal Government, and State and local governments. Provisions that the center will take all practicable steps to develop continuing sources of financial support for the center, particularly from sources in the private sector. Provisions for— monitoring and evaluating the activities by the nonprofit institution operating the center; and accounting for funds received by the institution under this section. Grants made under paragraph
(2)shall be made on a competitive basis. In making grants under paragraph (2), the Secretary shall give preference to grant applications providing for the establishment of centers for rural cooperative development that— demonstrate a proven track record in carrying out activities to promote and assist the development of cooperatively and mutually owned businesses; demonstrate previous expertise in providing technical assistance in rural areas to promote and assist the development of cooperatively and mutually owned businesses; demonstrate the ability to assist in the retention of businesses, facilitate the establishment of cooperatives and new cooperative approaches, and generate employment opportunities that will improve the economic conditions of rural areas; commit to providing technical assistance and other services to underserved and economically distressed areas in rural areas of the United States; demonstrate a commitment to— networking with and sharing the results of the efforts of the center with other cooperative development centers and other organizations involved in rural economic development efforts; and developing multiorganization and multistate approaches to addressing the economic development and cooperative needs of rural areas; and commit to providing a 25 percent matching contribution with private funds and in-kind contributions, except that the Secretary shall not require non-Federal financial support in an amount that is greater than 5 percent in the case of a 1994 institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )). A grant awarded to a center that has received no prior funding under this subsection shall be made for a period of 1 year. If the Secretary determines it to be in the best interest of the program, the Secretary shall award grants for a period of more than 1 year, but not more than 3 years, to a center that has successfully met the requirements of paragraph (5)(B), as determined by the Secretary. The Secretary may extend for 1 additional 12-month period the period during which a grantee may use a grant made under this subsection. In carrying out this subsection, the Secretary may provide technical assistance to alleviate or prevent conditions of excessive unemployment, underemployment, outmigration, or low employment growth in economically distressed rural areas that the Secretary determines have a substantial need for the assistance. The assistance may include planning and feasibility studies, management and operational assistance, and studies evaluating the need for the development potential of projects that increase employment and improve economic growth in the areas. The Secretary may make grants to defray not to exceed 75 percent of the costs incurred by organizations and public bodies to carry out projects for which grants or loans are made under this subsection. For purposes of determining the non-Federal share of the costs, the Secretary shall include contributions in cash and in kind, fairly evaluated, including premises, equipment, and services. The Secretary shall offer to enter into a cooperative research agreement with 1 or more qualified academic institutions in each fiscal year to conduct research on the effects of all types of cooperatives on the national economy. If the total amount appropriated under paragraph
(13)for a fiscal year exceeds $7,500,000, the Secretary shall reserve an amount equal to 20 percent of the total amount appropriated for grants for cooperative development centers, individual cooperatives, or groups of cooperatives— that serve socially disadvantaged groups; and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups. To the extent there are insufficient applications to carry out subparagraph (A), the Secretary shall use the funds as otherwise authorized by this subsection. Not later than 90 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Secretary shall coordinate and chair an interagency working group to foster cooperative development and ensure coordination with Federal agencies and national and local cooperative organizations that have cooperative programs and interests. There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2014 through 2018. In this subsection, the term national nonprofit agricultural assistance institution means an organization that— is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; has staff and offices in multiple regions of the United States; has experience and expertise in operating national agricultural technical assistance programs; expands markets for the agricultural commodities produced by producers through the use of practices that enhance the environment, natural resource base, and quality of life; and improves the economic viability of agricultural operations. The Secretary shall establish a national appropriate technology transfer for rural areas program to assist agricultural producers that are seeking information— to reduce input costs; to conserve energy resources; to diversify operations through new energy crops and energy generation facilities; and to expand markets for agricultural commodities produced by the producers by using practices that enhance the environment, natural resource base, and quality of life. The Secretary shall carry out the program under this subsection by making a grant to, or offering to enter into a cooperative agreement with, a national nonprofit agricultural assistance institution. A grant made, or cooperative agreement entered into, under subparagraph
(A)shall provide 100 percent of the cost of providing information described in paragraph (2). There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2014 through 2018. In this section, the term business and industry loan means a direct loan that is made, or a loan that is guaranteed, by the Secretary under this subsection. The Secretary may make business and industry loans to public, private, or cooperative organizations organized for profit or nonprofit, private investment funds that invest primarily in cooperative organizations, or to individuals— to improve, develop, or finance business, industry, and employment and improve the economic and environmental climate in rural communities, including pollution abatement and control; to conserve, develop, and use water for aquaculture purposes in rural areas; and to reduce the reliance on nonrenewable energy resources by encouraging the development and construction of renewable energy systems (including solar energy systems, wind energy systems, and anaerobic digestors for the purpose of energy generation), including the modification of existing systems, in rural areas. The Secretary may guarantee loans made under this subsection to finance the issuance of bonds for the projects described in paragraph (2). Except as otherwise provided in this paragraph, no loan may be made or guaranteed under this subsection that exceeds $25,000,000 in principal amount. Subject to clause (ii), the principal amount of a business and industry loan made to a cooperative organization and guaranteed under this subsection shall not exceed $40,000,000. To be eligible for a guarantee under this subsection for a business and industry loan made to a cooperative organization, the principal amount of the loan in excess of $25,000,000 shall be used to carry out a project that is in a rural area and— provides for the value-added processing of agricultural commodities; or significantly benefits 1 or more entities eligible for assistance for the purposes described in paragraph (2), as determined by the Secretary. If a cooperative organization submits an application for a guarantee under this paragraph, the Secretary shall make the determination whether to approve the application, and the Secretary may not delegate this authority. The total amount of business and industry loans made to cooperative organizations and guaranteed for a fiscal year under this subsection with principal amounts that are in excess of $25,000,000 may not exceed 10 percent of the total amount of business and industry loans guaranteed for the fiscal year under this subsection. The Secretary may assess a 1-time fee and an annual renewal fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. In determining whether a cooperative organization is eligible for a guaranteed business and industry loan, the Secretary may consider the market value of a properly appraised brand name, patent, or trademark of the cooperative. The Secretary may require that any appraisal made in connection with a business and industry loan be conducted by a specialized appraiser that uses standards that are comparable to standards used for similar purposes in the private sector, as determined by the Secretary. The Secretary may guarantee a business and industry loan to individual farmers to purchase capital stock of a farmer cooperative established for the purpose of processing an agricultural commodity. A cooperative described in subparagraph
(A)for which a farmer receives a guarantee to purchase stock under that subparagraph may contract for services to process agricultural commodities or otherwise process value added for the period beginning on the date of the startup of the cooperative in order to provide adequate time for the planning and construction of the processing facility of the cooperative. Financial information required by the Secretary from a farmer as a condition of making a business and industry loan guarantee under this paragraph shall be provided in the manner generally required by commercial agricultural lenders in the applicable area. The Secretary may make or guarantee a business and industry loan to a cooperative organization that is headquartered in a metropolitan area if the loan is— used for a project or venture described in paragraph
(2)that is located in a rural area; or a loan guarantee that meets the requirements of paragraph (10). The Secretary may guarantee a loan made for the purchase of preferred stock or similar equity issued by a cooperative organization or a fund that invests primarily in cooperative organizations, if the guarantee significantly benefits 1 or more entities eligible for assistance for the purposes described in paragraph (2)(A), as determined by the Secretary. A cooperative organization that is eligible for a business and industry loan shall be eligible to refinance an existing business and industry loan with a lender if— the cooperative organization— is current and performing with respect to the existing loan; and is not, and has not been, in payment default, with respect to the existing loan; or has not converted any of the collateral with respect to the existing loan; and there is adequate security or full collateral for the refinanced loan. The Secretary may guarantee a business and industry loan to a cooperative organization for a facility that is not located in a rural area if— the primary purpose of the loan guarantee is for a facility to provide value-added processing for agricultural producers that are located within 80 miles of the facility; the applicant demonstrates to the Secretary that the primary benefit of the loan guarantee will be to provide employment for residents of a rural area; and the total amount of business and industry loans guaranteed for a fiscal year under this paragraph does not exceed 10 percent of the business and industry loans guaranteed for the fiscal year under this subsection. In this paragraph: The term locally or regionally produced agricultural food product means any agricultural food product that is raised, produced, and distributed in— the locality or region in which the final product is marketed, so that the total distance that the product is transported is less than 400 miles from the origin of the product; or the State in which the product is produced. The term underserved community means a community (including an urban or rural community and an Indian tribal community) that, as determined by the Secretary, has— limited access to affordable, healthy foods, including fresh fruits and vegetables, in grocery retail stores or farmer-to-consumer direct markets; and a high rate of hunger or food insecurity or a high poverty rate. The Secretary shall make or guarantee loans to individuals, cooperatives, cooperative organizations, businesses, and other entities to establish and facilitate enterprises that process, distribute, aggregate, store, and market locally or regionally produced agricultural food products to support community development and farm income. The recipient of a loan or loan guarantee under this paragraph shall include in an appropriate agreement with retail and institutional facilities to which the recipient sells locally or regionally produced agricultural food products a requirement to inform consumers of the retail or institutional facilities that the consumers are purchasing or consuming locally or regionally produced agricultural food products. In making or guaranteeing a loan under this paragraph, the Secretary shall give priority to projects that have components benefitting underserved communities. Not later than 2 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and publish on the Internet, a report that describes projects carried out using loans or loan guarantees made under clause (i), including— summary information about all projects; the characteristics of the communities served; and resulting benefits. For each of fiscal years 2014 through 2018, the Secretary shall reserve not less than 5 percent of the total amount of funds made available to carry out this subsection to carry out this paragraph until April 1 of the fiscal year. The Secretary shall develop and implement an outreach plan to publicize the availability of loans and loan guarantees under this paragraph, working closely with rural cooperative development centers, credit unions, community development financial institutions, regional economic development authorities, and other financial and economic development entities. There is authorized to be appropriated to carry out this subsection $75,000,000 for each of fiscal years 2014 through 2018. The Secretary may make or guarantee loans to eligible entities described in subparagraph
(B)so that the eligible entities may relend the funds to individuals and entities for the purposes described in subparagraph (C). Entities eligible for loans and loan guarantees described in subparagraph
(A)are— public agencies; Indian tribes; cooperatives; and nonprofit corporations. The proceeds from loans made or guaranteed by the Secretary pursuant to subparagraph
(A)may be relent by eligible entities for projects that— predominately serve communities in rural areas; and as determined by the Secretary— promote community development; establish new businesses; establish and support microlending programs; and create or retain employment opportunities. There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2014 through 2018. In this paragraph: The term microentrepreneur means an owner and operator, or prospective owner and operator, of a rural microenterprise who is unable to obtain sufficient training, technical assistance, or credit other than under this subsection, as determined by the Secretary. The term microenterprise development organization means an organization that is— a nonprofit entity; an Indian tribe, the tribal government of which certifies to the Secretary that— no microenterprise development organization serves the Indian tribe; and no rural microentrepreneur assistance program exists under the jurisdiction of the Indian tribe; a public institution of higher education; or a collaboration of rural nonprofit entities serving a region or State, if 1 lead nonprofit entity is the sole underwriter of all loans and is responsible for associated risks. The term microloan means a business loan of not more than $50,000 that is provided to a rural microenterprise. The term program means the rural microentrepreneur assistance program established under subparagraph (B). The term rural microenterprise means a business entity with not more than 10 full-time equivalent employees located in a rural area. The term training means teaching broad business principles or general business skills in a group or public setting. The term technical assistance means working with a business client in a 1-to-1 manner to provide business and financial management counseling, assist in the preparation of business or marketing plans, or provide other skills tailored to an individual microentrepreneur. The Secretary shall establish a rural microentrepreneur assistance program to provide loans and grants to support microentrepreneurs in the development and ongoing success of rural microenterprises. The purpose of the program is to provide microentrepreneurs with— the skills necessary to establish new rural microenterprises; and continuing technical and financial assistance related to the successful operation of rural microenterprises. The Secretary shall make loans to microenterprise development organizations for the purpose of providing fixed-interest rate microloans to microentrepreneurs for startup and growing rural microenterprises. A loan made by the Secretary to a microenterprise development organization under this subparagraph shall— be for a term not to exceed 20 years; and bear an annual interest rate of at least 1 percent. The Secretary shall require each microenterprise development organization that receives a loan under this subparagraph to— establish a loan loss reserve fund; and maintain the reserve fund in an amount equal to at least 5 percent of the outstanding balance of such loans owed by the microenterprise development organization, until all obligations owed to the Secretary under this subparagraph are repaid. The Secretary may permit the deferral of payments on principal and interest due on a loan to a microenterprise development organization made under this paragraph for a 2-year period beginning on the date on which the loan is made. The Secretary shall make grants to microenterprise development organizations— to provide training and technical assistance, and other related services to rural microentrepreneurs; and to carry out such other projects and activities as the Secretary determines appropriate to further the purposes of the program. In making grants under subclause (I), the Secretary shall— place an emphasis on microenterprise development organizations that serve microentrepreneurs that are located in rural areas that have suffered significant outward migration, as determined by the Secretary; and ensure, to the maximum extent practicable, that grant recipients include microenterprise development organizations of varying sizes and that serve racially and ethnically diverse populations. The Secretary shall make annual grants to microenterprise development organizations to provide technical assistance to microentrepreneurs that— received a loan from the microenterprise development organization under subparagraph (B)(iii); or are seeking a loan from the microenterprise development organization under subparagraph (B)(iii). The maximum amount of a grant under this clause shall be in an amount equal to not more than 25 percent of the total outstanding balance of microloans made by the microenterprise development organization under clause (iii), as of the date the grant is awarded. Not more than 10 percent of a grant received by a microenterprise development organization for a fiscal year under this subparagraph may be used to pay administrative expenses. As a condition of any grant made under clauses
(iv)and
(v)of subparagraph (B), the Secretary shall require the microenterprise development organization to match not less than 15 percent of the total amount of the grant in the form of matching funds (including community development block grants), indirect costs, or in-kind goods or services. At a minimum, not later than December 1 of each fiscal year, a microenterprise development organization that receives a loan or grant under this section shall provide to the Secretary such information as the Secretary may require to ensure that assistance provided under this section is used for the purposes for which the loan or grant was made. There is authorized to be appropriated to carry out this paragraph $40,000,000 for each of fiscal years 2014 through 2018. Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this paragraph $3,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. In this section: The term articles means articles of incorporation for an incorporated body or the functional equivalent or other similar documents specified by the Secretary for other business entities. The term developmental venture capital means capital in the form of equity capital investments in rural business investment companies with an objective of fostering economic development in rural areas. The terms employee welfare benefit plan and pension plan have the meanings given the terms in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ). The terms employee welfare benefit plan and pension plan include— public and private pension or retirement plans subject to this subtitle; and similar plans not covered by this subtitle that have been established, and that are maintained, by the Federal Government or any State (including by a political subdivision, agency, or instrumentality of the Federal Government or a State) for the benefit of employees. The term equity capital means common or preferred stock or a similar instrument, including subordinated debt with equity features. The term leverage includes— debentures purchased or guaranteed by the Secretary; participating securities purchased or guaranteed by the Secretary; and preferred securities outstanding as of the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 . The term license means a license issued by the Secretary in accordance with in subsection (d)(5). The term limited liability company means a business entity that is organized and operating in accordance with a State limited liability company law approved by the Secretary. The term member means, with respect to a rural business investment company that is a limited liability company, a holder of an ownership interest, or a person otherwise admitted to membership in the limited liability company. The term operational assistance means management, marketing, and other technical assistance that assists a rural business concern with business development. The term participation agreement means an agreement, between the Secretary and a rural business investment company granted final approval under subsection (d)(5), that requires the rural business investment company to make investments in smaller enterprises in rural areas. The term private capital means the total of— the paid-in capital and paid-in surplus of a corporate rural business investment company; the contributed capital of the partners of a partnership rural business investment company; or the equity investment of the members of a limited liability company rural business investment company; and unfunded binding commitments from investors that meet criteria established by the Secretary to contribute capital to the rural business investment company, except that— unfunded commitments may be counted as private capital for purposes of approval by the Secretary of any request for leverage; but leverage shall not be funded based on the commitments. The term private capital does not include— any funds borrowed by a rural business investment company from any source; any funds obtained through the issuance of leverage; or any funds obtained directly or indirectly from the Federal Government or any State (including by a political subdivision, agency, or instrumentality of the Federal Government or a State), except for— funds obtained from the business revenues (excluding any governmental appropriation) of any Federally chartered or government-sponsored enterprise established prior to the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 ; funds invested by an employee welfare benefit plan or pension plan; and any qualified nonprivate funds (if the investors of the qualified nonprivate funds do not control, directly or indirectly, the management, board of directors, general partners, or members of the rural business investment company). The term qualified nonprivate funds means any— funds directly or indirectly invested in any applicant or rural business investment company on or before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 by any Federal agency, other than the Department, under a provision of law explicitly mandating the inclusion of those funds in the definition of the term private capital ; and funds invested in any applicant or rural business investment company by 1 or more entities of any State (including by a political subdivision, agency, or instrumentality of the State and including any guarantee extended by those entities) in an aggregate amount that does not exceed 33 percent of the private capital of the applicant or rural business investment company. The term rural business concern means— a public, private, or cooperative for-profit or nonprofit organization; a for-profit or nonprofit business controlled by an Indian tribe; or any other person or entity that primarily operates in a rural area, as determined by the Secretary. The term rural business investment company means a company that— has been granted final approval by the Secretary under subsection (d)(5); and has entered into a participation agreement with the Secretary. The term smaller enterprise means any rural business concern that, together with its affiliates— has— a net financial worth of not more than $6,000,000, as of the date on which assistance is provided under this section to the rural business concern; and except as provided in subparagraph (B), an average net income for the 2-year period preceding the date on which assistance is provided under this section to the rural business concern, of not more than $2,000,000, after Federal income taxes (excluding any carryover losses); or satisfies the standard industrial classification size standards established by the Administrator of the Small Business Administration for the industry in which the rural business concern is primarily engaged. For purposes of subparagraph (A)(i)(II), if the rural business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, partners, beneficiaries, or other equitable owners of the business concern, the net income of the business concern shall be determined by allowing a deduction in an amount equal to the total of— if the rural business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the product obtained by multiplying— the net income (determined without regard to this subparagraph); by the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and the product obtained by multiplying— the net income (so determined) less any deduction for State (and local) income taxes calculated under clause (i); by the marginal Federal income tax rate that would have applied if the rural business concern were a corporation. The purposes of the Rural Business Investment Program established under this section are— to promote economic development and the creation of wealth and job opportunities in rural areas and among individuals living in those areas by encouraging developmental venture capital investments in smaller enterprises primarily located in rural areas; and to establish a developmental venture capital program, with the mission of addressing the unmet equity investment needs of small enterprises located in rural areas, by authorizing the Secretary— to enter into participation agreements with rural business investment companies; to guarantee debentures of rural business investment companies to enable each rural business investment company to make developmental venture capital investments in smaller enterprises in rural areas; and to make grants to rural business investment companies, and to other entities, for the purpose of providing operational assistance to smaller enterprises financed, or expected to be financed, by rural business investment companies. In accordance with this subtitle, the Secretary shall establish a Rural Business Investment Program, under which the Secretary may— enter into participation agreements with companies granted final approval under subsection (d)(5) for the purposes described in subsection (b); guarantee the debentures issued by rural business investment companies as provided in subsection (e); and make grants to rural business investment companies, and to other entities, under subsection (h). A company shall be eligible to apply to participate, as a rural business investment company, in the program established under this section if— the company is a newly formed for-profit entity or a newly formed for-profit subsidiary of such an entity; the company has a management team with experience in community development financing or relevant venture capital financing; and the company will invest in enterprises that will create wealth and job opportunities in rural areas, with an emphasis on smaller enterprises. To participate, as a rural business investment company, in the program established under this section, a company meeting the eligibility requirements of paragraph
(1)shall submit an application to the Secretary that includes— a business plan describing how the company intends to make successful developmental venture capital investments in identified rural areas; information regarding the community development finance or relevant venture capital qualifications and general reputation of the management of the company; a description of how the company intends to work with community-based organizations and local entities (including local economic development companies, local lenders, and local investors) and to seek to address the unmet equity capital needs of the communities served; a proposal describing how the company intends to use the grant funds provided under this section to provide operational assistance to smaller enterprises financed by the company, including information regarding whether the company intends to use licensed professionals, as necessary, on the staff of the company or from an outside entity; with respect to binding commitments to be made to the company under this section, an estimate of the ratio of cash to in-kind contributions; a description of the criteria to be used to evaluate whether and to what extent the company meets the purposes of the program established under this section; information regarding the management and financial strength of any parent firm, affiliated firm, or any other firm essential to the success of the business plan of the company; and such other information as the Secretary may require. Not later than 90 days after the initial receipt by the Secretary of an application under this subsection, the Secretary shall provide to the applicant a written report describing the status of the application and any requirements remaining for completion of the application. In reviewing and processing any application under this subsection, the Secretary shall— determine whether— the applicant meets the requirements of paragraph (5); and the management of the applicant is qualified and has the knowledge, experience, and capability necessary to comply with this section; take into consideration— the need for and availability of financing for rural business concerns in the geographic area in which the applicant is to commence business; the general business reputation of the owners and management of the applicant; and the probability of successful operations of the applicant, including adequate profitability and financial soundness; and not take into consideration any projected shortage or unavailability of grant funds or leverage. Except as provided in subparagraph (B), the Secretary may approve an applicant to operate as a rural business investment company under this subtitle and license the applicant as a rural business investment company, if— the Secretary determines that the application satisfies the requirements of paragraph (2); the area in which the rural business investment company is to conduct its operations, and establishment of branch offices or agencies (if authorized by the articles), are approved by the Secretary; and the applicant enters into a participation agreement with the Secretary. Notwithstanding any other provision of this section, the Secretary may approve an applicant to operate as a rural business investment company under this section and designate the applicant as a rural business investment company, if the Secretary determines that the applicant— has private capital as determined by the Secretary; would otherwise be approved under this section, except that the applicant does not satisfy the requirements of subsection (i)(3); and has a viable business plan that— reasonably projects profitable operations; and has a reasonable timetable for achieving a level of private capital that satisfies the requirements of subsection (i)(3). An applicant approved under clause
(i)shall not be eligible to receive leverage under this section until the applicant satisfies the requirements of section 3602(i)(3). An applicant approved under clause
(i)shall be eligible for grants under subsection
(h)in proportion to the private capital of the applicant, as determined by the Secretary. The Secretary may guarantee the timely payment of principal and interest, as scheduled, on debentures issued by any rural business investment company. The Secretary may make guarantees under this subsection on such terms and conditions as the Secretary considers appropriate, except that the term of any debenture guaranteed under this section shall not exceed 15 years. Section 3901 shall apply to any guarantee under this subsection. Under this subsection, the Secretary may— guarantee the debentures issued by a rural business investment company only to the extent that the total face amount of outstanding guaranteed debentures of the rural business investment company does not exceed the lesser of— 300 percent of the private capital of the rural business investment company; or $105,000,000; and provide for the use of discounted debentures. The Secretary may issue trust certificates representing ownership of all or a fractional part of debentures issued by a rural business investment company and guaranteed by the Secretary under this section, if the certificates are based on and backed by a trust or pool approved by the Secretary and composed solely of guaranteed debentures. The Secretary may, under such terms and conditions as the Secretary considers appropriate, guarantee the timely payment of the principal of and interest on trust certificates issued by the Secretary or agents of the Secretary for purposes of this subsection. Each guarantee under this paragraph shall be limited to the extent of principal and interest on the guaranteed debentures that compose the trust or pool. A debenture may be prepaid at any time without penalty. Subject to subclause (I), if a debenture in a trust or pool is prepaid, or in the event of default of such a debenture, the guarantee of timely payment of principal and interest on the trust certificates shall be reduced in proportion to the amount of principal and interest the prepaid debenture represents in the trust or pool. Interest on prepaid or defaulted debentures shall accrue and be guaranteed by the Secretary only through the date of payment of the guarantee. At any time during the term of a trust certificate, the trust certificate may be called for redemption due to prepayment or default of all debentures. Section 3901 shall apply to any guarantee of a trust certificate issued by the Secretary under this section. If the Secretary pays a claim under a guarantee issued under this section, the claim shall be subrogated fully to the rights satisfied by the payment. No Federal, State, or local law shall preclude or limit the exercise by the Secretary of the ownership rights of the Secretary in a debenture residing in a trust or pool against which 1 or more trust certificates are issued under this subsection. The Secretary shall provide for a central registration of all trust certificates issued under this subsection. The Secretary may— maintain such commercial bank accounts or investments in obligations of the United States as may be necessary to facilitate the creation of trusts or pools backed by debentures guaranteed under this subtitle; and issue trust certificates to facilitate the creation of those trusts or pools. Any agent performing functions on behalf of the Secretary under this paragraph shall provide a fidelity bond or insurance in such amount as the Secretary considers to be necessary to fully protect the interests of the United States. The Secretary may regulate brokers and dealers in trust certificates issued under this subsection. Nothing in this paragraph prohibits the use of a book-entry or other electronic form of registration for trust certificates issued under this subsection. The Secretary may charge a fee that does not exceed $500 with respect to any guarantee or grant issued under this section. Notwithstanding paragraph (1), the Secretary shall not collect a fee for any guarantee of a trust certificate under subsection (f), except that any agent of the Secretary may collect a fee that does not exceed $500 for the functions described in subsection (f)(5)(B). Except as provided in subparagraph (C), the Secretary may prescribe fees to be paid by each applicant for a license to operate as a rural business investment company under this section. Fees collected under this paragraph— shall be deposited in the account for salaries and expenses of the Secretary; are authorized to be appropriated solely to cover the costs of licensing examinations; and shall— in the case of a license issued before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , not exceed $500 for any fee collected under this paragraph; and in the case of a license issued after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , be a rate as determined by the Secretary. In the case of a license described in subparagraph
(A)that was approved before July 1, 2007, the Secretary shall not collect any fees due on or after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 . In accordance with this subsection, the Secretary may make grants to rural business investment companies and to other entities, as authorized by this section, to provide operational assistance to smaller enterprises financed, or expected to be financed, by the entities. Grants made under this subsection shall be made over a multiyear period (not to exceed 10 years) under such terms as the Secretary may require. The proceeds of a grant made under this subsection may be used by the rural business investment company receiving the grant only to provide operational assistance in connection with an equity or prospective equity investment in a business located in a rural area. A rural business investment company shall be eligible for a grant under this subsection only if the rural business investment company submits to the Secretary, in such form and manner as the Secretary may require, a plan for use of the grant. The amount of a grant made under this subsection to a rural business investment company shall be equal to the lesser of— 10 percent of the private capital raised by the rural business investment company; or $1,000,000. The amount of a grant made under this subsection to any entity other than a rural business investment company shall be equal to the resources (in cash or in kind) raised by the entity in accordance with the requirements applicable to rural business investment companies under this section. For purposes of this subsection, a rural business investment company shall— be an incorporated body, a limited liability company, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of performing the functions and conducting the activities authorized by this section; and if incorporated, have succession for a period of not less than 30 years unless earlier dissolved by the shareholders of the rural business investment company; and if a limited partnership or a limited liability company, have succession for a period of not less than 10 years; and possess the powers reasonably necessary to perform the functions and conduct the activities. The articles of any rural business investment company— shall specify in general terms— the purposes for which the rural business investment company is formed; the name of the rural business investment company; the 1 or more areas in which the operations of the rural business investment company are to be carried out; the place where the principal office of the rural business investment company is to be located; and the amount and classes of the shares of capital stock of the rural business investment company; may contain any other provisions consistent with this section that the rural business investment company may determine appropriate to adopt for the regulation of the business of the rural business investment company and the conduct of the affairs of the rural business investment company; and shall be subject to the approval of the Secretary. Each rural business investment company shall be required to meet the capital requirements as provided by the Secretary. Each rural business investment company shall have a period of 2 years to meet the capital requirements of this paragraph. In addition to the requirements of subparagraph (A), the Secretary shall— determine whether the private capital of each rural business investment company is adequate to ensure a reasonable prospect that the rural business investment company will be operated soundly and profitably, and managed actively and prudently in accordance with the articles of the rural business investment company; determine that the rural business investment company will be able to comply with the requirements of this section; require that at least 75 percent of the capital of each rural business investment company is invested in rural business concerns; ensure that the rural business investment company is designed primarily to meet equity capital needs of the businesses in which the rural business investment company invests and not to compete with traditional small business financing by commercial lenders; and require that the rural business investment company makes short-term non-equity investments of less than 5 years only to the extent necessary to preserve an existing investment. The Secretary shall ensure that the management of each rural business investment company licensed after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 is sufficiently diversified from and unaffiliated with the ownership of the rural business investment company so as to ensure independence and objectivity in the financial management and oversight of the investments and operations of the rural business investment company. Except as otherwise provided in this subsection and notwithstanding any other provision of law, the following banks, associations, and institutions are eligible both to establish and invest in any rural business investment company or in any entity established to invest solely in rural business investment companies: Any bank or savings association the deposits of which are insured under the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), including an investment pool created entirely by such bank or savings association. Any Farm Credit System institution described in subsection 1.2(a) of the Farm Credit Act of 1971 ( 12 U.S.C. 2002(a) ). No bank, association, or institution described in paragraph
(1)may make investments described in paragraph
(1)that are greater than 5 percent of the capital and surplus of the bank, association, or institution. If a Farm Credit System institution described in section 1.2(a) of the Farm Credit Act of 1971 ( 12 U.S.C. 2002(a) ) holds more than 25 percent of the shares of a rural business investment company, either alone or in conjunction with other System institutions (or affiliates), the rural business investment company shall not provide equity investments in, or provide other financial assistance to, entities that are not otherwise eligible to receive financing from the Farm Credit System under that Act ( 12 U.S.C. 2001 et seq. ). Each rural business investment company that participates in the program established under this section shall be subject to examinations made at the direction of the Secretary in accordance with this subsection. An examination under this subsection may be conducted with the assistance of a private sector entity that has the qualifications and the expertise necessary to conduct such an examination. The Secretary may assess the cost of an examination under this section, including compensation of the examiners, against the rural business investment company examined. Any rural business investment company against which the Secretary assesses costs under this subparagraph shall pay the costs. Funds collected under this subsection shall— be deposited in the account that incurred the costs for carrying out this subsection; be made available to the Secretary to carry out this subsection, without further appropriation; and remain available until expended. Each entity that participates in a program established under this section shall provide to the Secretary such information as the Secretary may require, including— information relating to the measurement criteria that the entity proposed in the program application of the rural business investment company; and in each case in which the entity under this section makes an investment in, or a loan or grant to, a business that is not located in a rural area, a report on the number and percentage of employees of the business who reside in those areas. The Secretary shall prepare and make available to the public an annual report on the programs established under this section, including detailed information on— the number of rural business investment companies licensed by the Secretary during the previous fiscal year; the aggregate amount of leverage that rural business investment companies have received from the Federal Government during the previous fiscal year; the aggregate number of each type of leveraged instruments used by rural business investment companies during the previous fiscal year and how each number compares to previous fiscal years; the number of rural business investment company licenses surrendered and the number of rural business investment companies placed in liquidation during the previous fiscal year, identifying the amount of leverage each rural business investment company has received from the Federal Government and the type of leverage instruments each rural business investment company has used; the amount of losses sustained by the Federal Government as a result of operations under this section during the previous fiscal year and an estimate of the total losses that the Federal Government can reasonably expect to incur as a result of the operations during the current fiscal year; actions taken by the Secretary to maximize recoupment of funds of the Federal Government expended to implement and administer the Rural Business Investment Program under this section during the previous fiscal year and to ensure compliance with the requirements of this section (including regulations); the amount of Federal Government leverage that each licensee received in the previous fiscal year and the types of leverage instruments each licensee used; for each type of financing instrument, the sizes, types of geographic locations, and other characteristics of the small business investment companies using the instrument during the previous fiscal year, including the extent to which the investment companies have used the leverage from each instrument to make loans or equity investments in rural areas; and the actions of the Secretary to carry out this section In compiling the report required under subparagraph (A), the Secretary may not— compile the report in a manner that permits identification of any particular type of investment by an individual rural business investment company or small business concern in which a rural business investment company invests; or release any information that is prohibited under section 1905 of title 18, United States Code. There is authorized to be appropriated to carry out this section $25,000,000 for the period of fiscal years 2008 through 2018. . Unless otherwise specifically provided for in this subtitle, the period for repayment of a loan under this subtitle shall not exceed 40 years. Except as otherwise provided in this title, the interest rate on a loan under this subtitle shall be determined by the Secretary at a rate— not to exceed a sum obtained by adding— the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of the loan; and an amount not to exceed 1 percent, as determined by the Secretary; and adjusted to the nearest 1/8 of 1 percent. Notwithstanding any provision of State law limiting the rate or amount of interest that may be charged, taken, received, or reserved, except as provided in subparagraph
(C)and paragraph (4), the interest rate on a loan (other than a guaranteed loan) to a public body or nonprofit association (including an Indian tribe) for a water or waste disposal facility or essential community facility shall be determined by the Secretary at a rate not to exceed— the current market yield on outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, and adjusted to the nearest 1/8 of 1 percent; 5 percent per year for a loan that is for the upgrading of a facility or construction of a new facility as required to meet applicable health or sanitary standards in— an area in which the median family income of the persons to be served by the facility is below the poverty line (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 )); and any areas the Secretary may designate in which a significant percentage of the persons to be served by the facilities are low income persons, as determined by the Secretary; and 7 percent per year for a loan for a facility that does not qualify for the 5 percent per year interest rate prescribed in clause
(ii)but that is located in an area in a State in which the median household income of the persons to be served by the facility does not exceed 100 percent of the statewide nonmetropolitan median household income for the State. Notwithstanding subparagraph (A), the Secretary shall establish a rate for a loan for a health care or related facility that is— based solely on the income of the area to be served; and otherwise consistent with subparagraph (A). Except as provided in clause
(ii)and notwithstanding subparagraph (A), in the case of a direct loan for a water or waste disposal facility— in the case of a loan that would be subject to the 5 percent interest rate limitation under subparagraph (A), the Secretary shall establish the interest rate at a rate that is equal to 60 percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan, adjusted to the nearest 1/8 of 1 percent; and in the case of a loan that would be subject to the 7 percent limitation under subparagraph (A), the Secretary shall establish the interest rate at a rate that is equal to 80 percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan, adjusted to the nearest 1/8 of 1 percent. Clause
(i)does not apply to a loan for a specific project that is the subject of a loan that has been approved, but not closed, as of the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 . Except as provided in paragraph (4), the interest rates on loans under sections 3501(a)(1) (other than guaranteed loans and loans as described in paragraph (2)(A)) shall be as determined by the Secretary in accordance with subparagraph (B). The interest rates described in subparagraph
(A)shall be not less than the sum obtained by adding— such rates as determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted in the judgment of the Secretary of the Treasury to provide for rates comparable to the rates prevailing in the private market for similar loans and considering the insurance by the Secretary of the loans; and an additional charge, prescribed by the Secretary, to cover the losses of the Secretary and cost of administration, which shall be deposited in the Rural Development Insurance Fund, and further adjusted to the nearest 1/8 of 1 percent. Notwithstanding any other provision of this subsection, in the case of loans (other than guaranteed loans) made or guaranteed under the authorities of this title specified in subparagraph
(C)for activities that involve the use of prime farmland, the interest rates shall be the interest rates otherwise applicable under this section increased by 2 percent per year. Wherever practicable, construction by a State, municipality, or other political subdivision of local government that is supported by loans described in subparagraph
(A)shall be placed on land that is not prime farmland, in order to preserve the maximum practicable quantity of prime farmlands for production of food and fiber. In any case in which other options exist for the siting of construction described in clause
(i)and the governmental authority still desires to carry out the construction on prime farmland, the 2-percent interest rate increase provided by this paragraph shall apply, but that increased interest rate shall not apply where such other options do not exist. The authorities referred to in subparagraph
(A)are— the provisions of section 3502(a) relating to loans for recreational developments and essential community facilities; section 3601(e)(2)(A); and section 3601(c). A borrower of a loan made or guaranteed under this subtitle shall pay such fees and other charges as the Secretary may require, and prepay to the Secretary such taxes and insurance as the Secretary may require, on such terms and conditions as the Secretary may prescribe. The Secretary shall take as security for an obligation entered into in connection with a loan made under this subtitle such security as the Secretary may require. An instrument for security under paragraph
(1)may constitute a lien running to the United States notwithstanding the fact that the note for the security may be held by a lender other than the United States. A borrower may use the same collateral to secure 2 or more loans made or guaranteed under this subtitle, except that the outstanding amount of the loans may not exceed the total value of the collateral. In the case of a loan of less than $500,000 made or guaranteed under section 3501 that is evidenced by a note or mortgage (as distinguished from a bond issue), the borrower shall not be required to appoint bond counsel to review the legal validity of the loan if the Secretary has available legal counsel to perform the review. In the case of any rural development program authorized by this subtitle, the Secretary may give priority to applications that are otherwise eligible and support strategic community and economic development plans on a multijurisdictional basis, as approved by the Secretary. In evaluating strategic applications, the Secretary shall give a higher priority to strategic applications for a plan described in subsection
(a)that demonstrate— the plan was developed through the collaboration of multiple stakeholders in the service area of the plan, including the participation of combinations of stakeholders such as State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities; an understanding of the applicable regional resources that could support the plan, including natural resources, human resources, infrastructure, and financial resources; investment from other Federal agencies; investment from philanthropic organizations; and clear objectives for the plan and the ability to establish measurable performance measures and to track progress toward meeting the objectives. Subject to paragraph (3), the Secretary may reserve for projects that support multijurisdictional strategic community and economic development plans described in subsection
(a)an amount that does not exceed— 20 percent of the funds made available for a fiscal year for a functional category described in paragraph (2); and 15 percent of the total funds available for all functional categories. The function categories described in this subsection are the following: The rural community development category consists of all amounts made available for community facility grants and direct and guaranteed loans under section 3502. The rural utilities category consists of all amounts made available for— water or waste disposal grants or direct or guaranteed loans under section 3501(a); emergency community water assistance grants under section 3501(e)(2); solid waste management grants under section 3501(e)(4); or rural water or wastewater technical assistance and training grants under section 3501(e)(5). The rural business and cooperative development category consists of all amounts made available for— rural business opportunity grants, rural business enterprise grants, or rural educational network grants under section 3601(a); or business and industry direct and guaranteed loans under section 3601(e). The reservation of funds described in paragraph
(2)may only extend through June 30 of the fiscal year in which the funds were first made available. The Secretary may provide financial assistance to a borrower for a purpose provided in this subtitle by guaranteeing a loan made by any Federal or State chartered bank, savings and loan association, cooperative lending agency, or other legally organized lending agency. The interest rate payable by a borrower on the portion of a guaranteed loan that is sold by a lender to the secondary market under this subtitle may be lower than the interest rate charged on the portion retained by the lender. Except as provided in subsections
(d)and (e), a loan guarantee under this subtitle shall be for not more than 90 percent of the principal and interest due on the loan. The Secretary shall guarantee 95 percent of— in the case of a loan that solely refinances a direct loan made under this subtitle, the principal and interest due on the loan on the date of the refinancing; or in the case of a loan that is used for multiple purposes, the portion of the loan that refinances the principal and interest due on a direct loan made under this subtitle that is outstanding on the date on which the loan is guaranteed. Subject to subsection (b), the Secretary may not make a loan under section 3501 or 3601 unless the Secretary determines that no other lender is willing to make the loan and assume 10 percent of the potential loss to be sustained from the loan. Paragraph
(1)shall not apply to a public body or nonprofit association, including an Indian tribe. In this section, the term rural development loan means a loan provided for by section 3501 or 3601. There is established in the Treasury of the United States a fund to be known as the Rural Development Insurance Fund that shall be used by the Secretary to discharge the obligations of the Secretary under contracts making or guaranteeing rural development loans. The Secretary may designate additional areas as rural economic area partnership zones to be assisted under this chapter— through an open, competitive process; and with priority given to rural areas— with excessive unemployment or underemployment, a high percentage of low-income residents, or high rates of outmigration, as determined by the Secretary; and that the Secretary determines have a substantial need for assistance. The Secretary shall carry out those rural economic area partnership zones administratively in effect on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 in accordance with the terms and conditions contained in the memoranda of agreement entered into by the Secretary for the rural economic area partnership zones. The Secretary shall expedite the process of creating user-friendly and accessible application forms and procedures prioritizing programs and applications at the individual applicant level with an emphasis on utilizing current technology including online applications and submission processes. In this section: The term agency with rural responsibilities means any executive agency (as defined in section 105 of title 5, United States Code) that implements a Federal law, or administers a program, targeted at or having a significant impact on rural areas. The term Partnership means the State Rural Development Partnership continued by subsection (b). The term State rural development council means a State rural development council that meets the requirements of subsection (c). The Secretary shall support the State Rural Development Partnership comprised of State rural development councils. The purposes of the Partnership are to empower and build the capacity of States, regions, and rural communities to design flexible and innovative responses to their rural development needs in a manner that maximizes collaborative public- and private-sector cooperation and minimizes regulatory redundancy. A panel consisting of representatives of State rural development councils shall be established— to lead and coordinate the strategic operation and policies of the Partnership; and to facilitate effective communication among the members of the Partnership, including the sharing of best practices. The role of the Federal Government in the Partnership may be that of a partner and facilitator, with Federal agencies authorized— to cooperate with States to implement the Partnership; to provide States with the technical and administrative support necessary to plan and implement tailored rural development strategies to meet local needs; to ensure that the head of each agency with rural responsibilities directs appropriate field staff to participate fully with the State rural development council within the jurisdiction of the field staff; and to enter into cooperative agreements with, and to provide grants and other assistance to, State rural development councils. Notwithstanding chapter 63 of title 31, United States Code, each State may elect to participate in the Partnership by entering into an agreement with the Secretary to recognize a State rural development council. A State rural development council shall— be composed of representatives of Federal, State, local, and tribal governments, nonprofit organizations, regional organizations, the private sector, and other entities committed to rural advancement; and have a nonpartisan and nondiscriminatory membership that— is broad and representative of the economic, social, and political diversity of the State; and shall be responsible for the governance and operations of the State rural development council. A State rural development council shall— facilitate collaboration among Federal, State, local, and tribal governments and the private and nonprofit sectors in the planning and implementation of programs and policies that have an impact on rural areas of the State; monitor, report, and comment on policies and programs that address, or fail to address, the needs of the rural areas of the State; as part of the Partnership, facilitate the development of strategies to reduce or eliminate conflicting or duplicative administrative or regulatory requirements of Federal, State, local, and tribal governments; and provide to the Secretary an annual plan with goals and performance measures; and submit to the Secretary an annual report on the progress of the State rural development council in meeting the goals and measures. A State Director for Rural Development of the Department of Agriculture, other employees of the Department, and employees of other Federal agencies with rural responsibilities shall fully participate as voting members in the governance and operations of State rural development councils (including activities related to grants, contracts, and other agreements in accordance with this section) on an equal basis with other members of the State rural development councils. Participation by a Federal employee in a State rural development council in accordance with this paragraph shall not constitute a violation of section 205 or 208 of title 18, United States Code. In order to provide experience in intergovernmental collaboration, the head of an agency with rural responsibilities that elects to participate in the Partnership may, and is encouraged to, detail to the Secretary for the support of the Partnership 1 or more employees of the agency with rural responsibilities without reimbursement for a period of up to 1 year. The detail shall be without interruption or loss of civil service status or privilege. The Secretary may provide for any additional support staff to the Partnership as the Secretary determines to be necessary to carry out the duties of the Partnership. The Secretary may enter into a contract with a qualified intermediary under which the intermediary shall be responsible for providing administrative and technical assistance to a State rural development council, including administering the financial assistance available to the State rural development council. Except as provided in paragraph (2), a State rural development council shall provide matching funds, or in-kind goods or services, to support the activities of the State rural development council in an amount that is not less than 33 percent of the amount of Federal funds received from a Federal agency under subsection (f)(2). Paragraph
(1)shall not apply to funds, grants, funds provided under contracts or cooperative agreements, gifts, contributions, or technical assistance received by a State rural development council from a Federal agency that are used— to support 1 or more specific program or project activities; or to reimburse the State rural development council for services provided to the Federal agency providing the funds, grants, funds provided under contracts or cooperative agreements, gifts, contributions, or technical assistance. The Secretary shall develop a plan to decrease, over time, the share of the Department of Agriculture of the cost of the core operations of State rural development councils. There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018. Notwithstanding any other provision of law limiting the ability of an agency, along with other agencies, to provide funds to a State rural development council in order to carry out the purposes of this section, a Federal agency may make grants, gifts, or contributions to, provide technical assistance to, or enter into contracts or cooperative agreements with, a State rural development council. Federal agencies are encouraged to use funds made available for programs that have an impact on rural areas to provide assistance to, and enter into contracts with, a State rural development council, as described in subparagraph (A). A State rural development council may accept private contributions. The authority provided under this section shall terminate on September 30, 2018. In this chapter: The term Authority means the Delta Regional Authority established by section 3802. The term Federal grant program means a Federal grant program to provide assistance in— acquiring or developing land; constructing or equipping a highway, road, bridge, or facility; or carrying out other economic development activities. The term region means the Lower Mississippi (as defined in section 4 of the Delta Development Act ( 42 U.S.C. 3121 note; Public Law 100–460 )). There is established the Delta Regional Authority. The Authority shall be composed of— a Federal member, to be appointed by the President, with the advice and consent of the Senate; and the Governor (or a designee of the Governor) of each State in the region that elects to participate in the Authority. The Authority shall be headed by— the Federal member, who shall serve as— the Federal cochairperson; and a liaison between the Federal Government and the Authority; and a State cochairperson, who shall be— a Governor of a participating State in the region; and elected by the State members for a term of not less than 1 year. Notwithstanding any other provision of law, the State of Alabama shall be a full member of the Authority and shall be entitled to all rights and privileges that the membership affords to all other participating States in the Authority. The State member of a participating State may have a single alternate, who shall be— a resident of that State; and appointed by the Governor of the State. The President shall appoint an alternate Federal cochairperson. A State alternate shall not be counted toward the establishment of a quorum of the Authority in any instance in which a quorum of the State members is required to be present. No power or responsibility of the Authority specified in paragraphs
(2)and
(3)of subsection (c), and no voting right of any Authority member, shall be delegated to any person— who is not an Authority member; or who is not entitled to vote in Authority meetings. A decision by the Authority shall require a majority vote of the Authority (not including any member representing a State that is delinquent under subsection (g)(2)(C)) to be effective. A quorum of State members shall be required to be present for the Authority to make any policy decision, including— a modification or revision of an Authority policy decision; approval of a State or regional development plan; and any allocation of funds among the States. The approval of project and grant proposals shall be— a responsibility of the Authority; and conducted in accordance with section 3809. An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State representative for which the alternate member is an alternate. The Authority shall— develop, on a continuing basis, comprehensive and coordinated plans and programs to establish priorities and approve grants for the economic development of the region, giving due consideration to other Federal, State, and local planning and development activities in the region; review, and where appropriate amend, priorities in a development plan for the region (including 5-year regional outcome targets); assess the needs and assets of the region based on available research, demonstrations, investigations, assessments, and evaluations of the region prepared by Federal, State, and local agencies, universities, local development districts, and other nonprofit groups; formulate and recommend to the Governors and legislatures of States that participate in the Authority forms of interstate cooperation; work with State and local agencies in developing appropriate model legislation; enhance the capacity of, and provide support for, local development districts in the region; or if no local development district exists in an area in a participating State in the region, foster the creation of a local development district; encourage private investment in industrial, commercial, and other economic development projects in the region; and cooperate with and assist State governments with economic development programs of participating States. In carrying out subsection (d), the Authority may— hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Authority as the Authority considers appropriate; authorize, through the Federal or State cochairperson or any other member of the Authority designated by the Authority, the administration of oaths if the Authority determines that testimony should be taken or evidence received under oath; request from any Federal, State, or local department or agency such information as may be available to or procurable by the department or agency that may be of use to the Authority in carrying out duties of the Authority; adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of Authority business and the performance of Authority duties; request the head of any Federal department or agency to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; request the head of any State department or agency or local government to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; provide for coverage of Authority employees in a suitable retirement and employee benefit system by— making arrangements or entering into contracts with any participating State government; or otherwise providing retirement and other employee benefit coverage; accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; enter into and perform such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out Authority duties, including any contracts, leases, or cooperative agreements with— any department, agency, or instrumentality of the United States; any State (including a political subdivision, agency, or instrumentality of the State); or any person, firm, association, or corporation; and establish and maintain a central office and field offices at such locations as the Authority may select. A Federal agency shall— cooperate with the Authority; and provide, on request of the Federal cochairperson, appropriate assistance in carrying out this chapter, in accordance with applicable Federal laws (including regulations). Administrative expenses of the Authority (except for the expenses of the Federal cochairperson, including expenses of the alternate and staff of the Federal cochairperson, which shall be paid solely by the Federal Government) shall be paid— by the Federal Government, in an amount equal to 50 percent of the administrative expenses; and by the States in the region participating in the Authority, in an amount equal to 50 percent of the administrative expenses. The share of administrative expenses of the Authority to be paid by each State shall be determined by the Authority. The Federal cochairperson shall not participate or vote in any decision under subparagraph (A). If a State is delinquent in payment of the State’s share of administrative expenses of the Authority under this subsection— no assistance under this chapter shall be furnished to the State (including assistance to a political subdivision or a resident of the State); and no member of the Authority from the State shall participate or vote in any action by the Authority. The Federal cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code. The alternate Federal cochairperson— shall be compensated by the Federal Government at level V of the Executive Schedule described in paragraph (1); and when not actively serving as an alternate for the Federal cochairperson, shall perform such functions and duties as are delegated by the Federal cochairperson. A State shall compensate each member and alternate representing the State on the Authority at the rate established by law of the State. No State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate to the Authority. No person detailed to serve the Authority under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Authority from— any source other than the State, local, or intergovernmental department or agency from which the person was detailed; or the Authority. Any person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. The Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Authority under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. The Authority may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. Compensation under clause
(i)shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. The executive director shall be responsible for— the carrying out of the administrative duties of the Authority; direction of the Authority staff; and such other duties as the Authority may assign. No member, alternate, officer, or employee of the Authority (except the Federal cochairperson of the Authority, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Authority under subsection (e)(5)) shall be considered to be a Federal employee for any purpose. Except as provided under paragraph (2), no State member, alternate, officer, or employee of the Authority shall participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee, there is a financial interest of— the member, alternate, officer, or employee; the spouse, minor child, partner, or organization (other than a State or political subdivision of the State) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. Paragraph
(1)shall not apply if the State member, alternate, officer, or employee— immediately advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; makes full disclosure of the financial interest; and before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, alternate, officer, or employee. Any person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any provision under subsection (h)(4), subsection (i), or sections 202 through 209 of title 18, United States Code. The Authority may approve grants to States and public and nonprofit entities for projects, approved in accordance with section 3809— to develop the transportation infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may only be made to a State or local government); to assist the region in obtaining the job training, employment-related education, and business development (with an emphasis on entrepreneurship) that are needed to build and maintain strong local economies; to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services; to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities; and to otherwise achieve the purposes of this chapter. Funds for grants under subsection
(a)may be provided— entirely from appropriations to carry out this section; in combination with funds available under another Federal or Federal grant program; or from any other source. To best build the foundations for long-term economic development and to complement other Federal and State resources in the region, Federal funds available under this chapter shall be focused on the activities in the following order or priority: Basic public infrastructure in distressed counties and isolated areas of distress. Transportation infrastructure for the purpose of facilitating economic development in the region. Business development, with emphasis on entrepreneurship. Job training or employment-related education, with emphasis on use of existing public educational institutions located in the region. Congress finds that certain States and local communities of the region, including local development districts, may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because— the States or communities lack the economic resources to provide the required matching share; or there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region. Notwithstanding any provision of law limiting the Federal share, the areas eligible for assistance, or the authorizations of appropriations of any Federal grant program, and in accordance with subsection (c), the Authority, with the approval of the Federal cochairperson and with respect to a project to be carried out in the region— may increase the Federal share of the costs of a project under the Federal grant program to not more than 90 percent (except as provided in section 3806(b)); and shall use amounts made available to carry out this chapter to pay the increased Federal share. In the case of any project for which all or any portion of the basic Federal share of the costs of the project is proposed to be paid under this section, no Federal contribution shall be made until the Federal official administering the Federal law that authorizes the Federal grant program certifies that the project— meets (except as provided in subsection (b)) the applicable requirements of the applicable Federal grant program; and could be approved for Federal contribution under the Federal grant program if funds were available under the law for the project. The certifications and determinations required to be made by the Authority for approval of projects under this Act in accordance with section 3809 shall be— controlling; and accepted by the Federal agencies. In the case of any project described in paragraph (1), any finding, report, certification, or documentation required to be submitted with respect to the project to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of the Federal grant program under which the project is carried out shall be accepted by the Federal cochairperson. In this section, the term local development district means an entity that— is— a planning district in existence on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 that is recognized by the Secretary; or if an entity described in subparagraph
(A)does not exist— organized and operated in a manner that ensures broad-based community participation and an effective opportunity for other nonprofit groups to contribute to the development and implementation of programs in the region; governed by a policy board with at least a simple majority of members consisting of elected officials or employees of a general purpose unit of local government who have been appointed to represent the government; certified to the Authority as having a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region— by the Governor of each State in which the entity is located; or by the State officer designated by the appropriate State law to make the certification; and a nonprofit incorporated body organized or chartered under the law of the State in which the entity is located; a nonprofit agency or instrumentality of a State or local government; a public organization established before December 21, 2000, under State law for creation of multi-jurisdictional, area-wide planning organizations; or a nonprofit association or combination of bodies, agencies, and instrumentalities described in subclauses
(I)through (III); and has not, as certified by the Federal cochairperson— inappropriately used Federal grant funds from any Federal source; or appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. The Authority shall make grants for administrative expenses under this section. The amount of any grant awarded under paragraph
(1)shall not exceed 80 percent of the administrative expenses of the local development district receiving the grant. No grant described in paragraph
(1)shall be awarded to a State agency certified as a local development district for a period greater than 3 years. The contributions of a local development district for administrative expenses may be in cash or in kind, fairly evaluated, including space, equipment, and services. A local development district shall— operate as a lead organization serving multicounty areas in the region at the local level; and serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institutions), the business community, and citizens that— are involved in multijurisdictional planning; provide technical assistance to local jurisdictions and potential grantees; and provide leadership and civic development assistance. Each year, the Authority, in accordance with such criteria as the Authority may establish, shall designate— as distressed counties, counties in the region that are the most severely and persistently distressed and underdeveloped and have high rates of poverty or unemployment; as nondistressed counties, counties in the region that are not designated as distressed counties under paragraph (1); and as isolated areas of distress, areas located in nondistressed counties (as designated under paragraph (2)) that have high rates of poverty or unemployment. The Authority shall allocate at least 75 percent of the appropriations made available under section 3813 for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region. The funding limitations under section 3804(b) shall not apply to a project providing transportation or basic public services to residents of 1 or more distressed counties or isolated areas of distress in the region. Except as provided in this subsection, no funds shall be provided under this chapter for a project located in a county designated as a nondistressed county under subsection (a)(2). The funding prohibition under paragraph
(1)shall not apply to grants to fund the administrative expenses of local development districts under section 3805(b). The Authority may waive the application of the funding prohibition under paragraph
(1)to a multicounty project that includes participation by a nondistressed county; or any other type of project if the Authority determines that the project could bring significant benefits to areas of the region outside a nondistressed county. For a designation of an isolated area of distress for assistance to be effective, the designation shall be supported— by the most recent Federal data available; or if no recent Federal data are available, by the most recent data available through the government of the State in which the isolated area of distress is located. The Authority shall allocate at least 50 percent of any funds made available under section 3813 for transportation and basic public infrastructure projects authorized under paragraphs
(1)and
(3)of section 3803(a). In accordance with policies established by the Authority, each State member shall submit a development plan for the area of the region represented by the State member. A State development plan submitted under subsection
(a)shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3802(d)(2). In carrying out the development planning process (including the selection of programs and projects for assistance), a State may— consult with— local development districts; and local units of government; and take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). The Authority and applicable State and local development districts shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this chapter. The Authority shall develop guidelines for providing public participation described in paragraph (1), including public hearings. In considering programs and projects to be provided assistance under this chapter and in establishing a priority ranking of the requests for assistance provided by the Authority, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— the relationship of the project or class of projects to overall regional development; the per capita income and poverty and unemployment rates in an area; the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same funds; the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area served by the project; and the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated. Except as provided in paragraph (2), no financial assistance authorized by this chapter shall be used to assist a person or entity in relocating from 1 area to another. Financial assistance under this chapter may be used as otherwise authorized by this subtitle to attract businesses from outside the region to the region. Funds may be provided for a program or project in a State under this chapter only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this chapter, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this chapter. A State or regional development plan or any multistate subregional plan that is proposed for development under this chapter shall be reviewed and approved by the Authority. An application for a grant or any other assistance for a project under this chapter shall be made through and evaluated for approval by the State member of the Authority representing the applicant. An application for a grant or other assistance for a project shall be approved only on certification by the State member that the application for the project— describes ways in which the project complies with any applicable State development plan; meets applicable criteria under section 3808; provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and otherwise meets the requirements of this chapter. On certification by a State member of the Authority of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Authority under section 3802(c) shall be required for approval of the application. Nothing in this chapter requires any State to engage in or accept any program under this chapter without the consent of the State. The Authority shall maintain accurate and complete records of all transactions and activities of the Authority. All records of the Authority shall be available for audit and examination by the Comptroller General of the United States and the Inspector General of the Department of Agriculture (including authorized representatives of the Comptroller General and the Inspector General of the Department of Agriculture). A recipient of Federal funds under this chapter shall, as required by the Authority, maintain accurate and complete records of transactions and activities financed with Federal funds and report on the transactions and activities to the Authority. All records required under paragraph
(1)shall be available for audit by the Comptroller General of the United States, the Inspector General of the Department of Agriculture, and the Authority (including authorized representatives of the Comptroller General, the Inspector General of the Department of Agriculture, and the Authority). Not later than 180 days after the end of each fiscal year, the Authority shall submit to the President and to Congress a report describing the activities carried out under this chapter. There is authorized to be appropriated to the Authority to carry out this chapter $30,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. Not more than 5 percent of the amount appropriated under subsection
(a)for a fiscal year shall be used for administrative expenses of the Authority. This chapter and the authority provided under this chapter expire on October 1, 2018. In this chapter: The term Authority means the Northern Great Plains Regional Authority established by section 3822. The term Federal grant program means a Federal grant program to provide assistance in— implementing the recommendations of the Northern Great Plains Rural Development Commission established by the Northern Great Plains Rural Development Act ( 7 U.S.C. 2661 note; Public Law 103–318 ); acquiring or developing land; constructing or equipping a highway, road, bridge, or facility; carrying out other economic development activities; or conducting research activities related to the activities described in subparagraphs
(A)through (D). The term region means the States of Iowa, Minnesota, Missouri (other than counties included in the Delta Regional Authority), Nebraska, North Dakota, and South Dakota. There is established the Northern Great Plains Regional Authority. The Authority shall be composed of— a Federal member, to be appointed by the President, by and with the advice and consent of the Senate; the Governor (or a designee of the Governor) of each State in the region that elects to participate in the Authority; and a member of an Indian tribe, who shall be a chairperson of an Indian tribe in the region or a designee of such a chairperson, to be appointed by the President, by and with the advice and consent of the Senate. The Authority shall be headed by— the Federal member, who shall serve as— the Federal cochairperson; and a liaison between the Federal Government and the Authority; a State cochairperson, who shall be— a Governor of a participating State in the region; and elected by the State members for a term of not less than 1 year; and the member of an Indian tribe, who shall serve as— the tribal cochairperson; and a liaison between the governments of Indian tribes in the region and the Authority. Notwithstanding any other provision of this section, if a Federal member described in paragraph (2)(A) has not been confirmed by the Senate by not later than 180 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Authority may organize and operate without the Federal member. In the case of the tribal cochairperson, if no tribal cochairperson is confirmed by the Senate, the regional authority shall consult and coordinate with the leaders of Indian tribes in the region concerning the activities of the Authority, as appropriate. The President shall appoint an alternate Federal cochairperson. The State member of a participating State may have a single alternate, who shall be— a resident of that State; and appointed by the Governor of the State. A State alternate member shall not be counted toward the establishment of a quorum of the members of the Authority in any case in which a quorum of the State members is required to be present. The President shall appoint an alternate tribal cochairperson, by and with the advice and consent of the Senate. No power or responsibility of the Authority specified in paragraphs
(2)and
(3)of subsection (c), and no voting right of any member of the Authority, shall be delegated to any person who is not— a member of the Authority; or entitled to vote in Authority meetings. A decision by the Authority shall require a majority vote of the Authority (not including any member representing a State that is delinquent under subsection (g)(2)(D)) to be effective. A quorum of State members shall be required to be present for the Authority to make any policy decision, including— a modification or revision of an Authority policy decision; approval of a State or regional development plan; and any allocation of funds among the States. The approval of project and grant proposals shall be— a responsibility of the Authority; and conducted in accordance with section 3830. An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal, State, or Indian tribe member for whom the alternate member is an alternate. The Authority shall— develop, on a continuing basis, comprehensive and coordinated plans and programs for multistate cooperation to advance the economic and social well-being of the region and to approve grants for the economic development of the region, giving due consideration to other Federal, State, tribal, and local planning and development activities in the region; review, and when appropriate amend, priorities in a development plan for the region (including 5-year regional outcome targets); assess the needs and assets of the region based on available research, demonstrations, investigations, assessments, and evaluations of the region prepared by Federal, State, tribal, and local agencies, universities, regional and local development districts or organizations, and other nonprofit groups; formulate and recommend to the Governors and legislatures of States that participate in the Authority forms of interstate cooperation for— renewable energy development and transmission; transportation planning and economic development; information technology; movement of freight and individuals within the region; federally funded research at institutions of higher education; and conservation land management; work with State, tribal, and local agencies in developing appropriate model legislation; enhance the capacity of, and provide support for, multistate development and research organizations, local development organizations and districts, and resource conservation districts in the region; encourage private investment in industrial, commercial, renewable energy, and other economic development projects in the region; and cooperate with and assist State governments with economic development programs of participating States. In carrying out subsection (d), the Authority may— hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Authority as the Authority considers appropriate; authorize, through the Federal, State, or tribal cochairperson or any other member of the Authority designated by the Authority, the administration of oaths if the Authority determines that testimony should be taken or evidence received under oath; request from any Federal, State, tribal, or local agency such information as may be available to or procurable by the agency that may be of use to the Authority in carrying out the duties of the Authority; adopt, amend, and repeal bylaws and rules governing the conduct of business and the performance of duties of the Authority; request the head of any Federal agency to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; request the head of any State agency, tribal government, or local government to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; provide for coverage of Authority employees in a suitable retirement and employee benefit system by— making arrangements or entering into contracts with any participating State government or tribal government; or otherwise providing retirement and other employee benefit coverage; accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; enter into and perform such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out Authority duties, including any contracts, leases, or cooperative agreements with— any department, agency, or instrumentality of the United States; any State (including a political subdivision, agency, or instrumentality of the State); any Indian tribe in the region; or any person, firm, association, or corporation; and establish and maintain a central office and field offices at such locations as the Authority may select. A Federal agency shall— cooperate with the Authority; and provide, on request of a cochairperson, appropriate assistance in carrying out this chapter, in accordance with applicable Federal laws (including regulations). The Federal share of the administrative expenses of the Authority shall be— for fiscal year 2014, 100 percent; for fiscal year 2015, 75 percent; and for fiscal year 2016 and each fiscal year thereafter, 50 percent. The non-Federal share of the administrative expenses of the Authority shall be paid by non-Federal sources in the States that participate in the Authority. The share of administrative expenses of the Authority to be paid by non-Federal sources in each State shall be determined by the Authority. The Federal cochairperson shall not participate or vote in any decision under subparagraph (B). If a State is delinquent in payment of the State’s share of administrative expenses of the Authority under this subsection— no assistance under this chapter shall be provided to the State (including assistance to a political subdivision or a resident of the State); and no member of the Authority from the State shall participate or vote in any action by the Authority. The Federal cochairperson and the tribal cochairperson shall be compensated by the Federal Government at the annual rate of basic pay prescribed for level III of the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code. The alternate Federal cochairperson and the alternate tribal cochairperson— shall be compensated by the Federal Government at the annual rate of basic pay prescribed for level V of the Executive Schedule described in paragraph (1); and when not actively serving as an alternate, shall perform such functions and duties as are delegated by the Federal cochairperson or the tribal cochairperson, respectively. A State shall compensate each member and alternate representing the State on the Authority at the rate established by State law. No State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate member to the Authority. No person detailed to serve the Authority under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Authority from— any source other than the State, tribal, local, or intergovernmental agency from which the person was detailed; or the Authority. Any person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. The Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Authority under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. The Authority may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. Compensation under clause
(i)shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. The executive director shall be responsible for— the carrying out of the administrative duties of the Authority; direction of the Authority staff; and such other duties as the Authority may assign. No member, alternate, officer, or employee of the Authority (except the Federal cochairperson of the Authority, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Authority under subsection (e)(5)) shall be considered to be a Federal employee for any purpose. Except as provided under paragraph (2), no State member, Indian tribe member, State alternate, officer, or employee of the Authority shall participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee, there is a financial interest of— the member, alternate, officer, or employee; the spouse, minor child, partner, or organization (other than a State or political subdivision of the State or the Indian tribe) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. Paragraph
(1)shall not apply if the State member, Indian tribe member, alternate, officer, or employee— immediately advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; makes full disclosure of the financial interest; and before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, Indian tribe member, alternate, officer, or employee. Any person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any provision under subsection (h)(4) or subsection
(i)of this chapter, or sections 202 through 209 of title 18, United States Code. The Authority shall provide assistance to States in developing regional plans to address multistate economic issues, including plans— to develop a regional transmission system for movement of renewable energy to markets outside the region; to address regional transportation concerns, including the establishment of a Northern Great Plains Regional Transportation Working Group; to encourage and support interstate collaboration on federally funded research that is in the national interest; and to establish a Regional Working Group on Agriculture Development and Transportation. The multistate economic issues referred to in subsection
(a)shall include— renewable energy development and transmission; transportation planning and economic development; information technology; movement of freight and individuals within the region; federally funded research at institutions of higher education; and conservation land management. The Authority may approve grants to States, Indian tribes, local governments, and public and nonprofit organizations for projects, approved in accordance with section 3830— to assist the region in obtaining the job training, employment-related education, and business development (with an emphasis on entrepreneurship) that are needed to build and maintain strong local economies; to develop the transportation, renewable energy transmission, and telecommunication infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may be made only to States, Indian tribes, local governments, and nonprofit organizations); to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services; to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities; and to otherwise achieve the purposes of this chapter. Funds for grants under subsection
(a)may be provided— entirely from appropriations to carry out this section; in combination with funds available under another Federal grant program; or from any other source. To best build the foundations for long-term economic development and to complement other Federal, State, and tribal resources in the region, Federal funds available under this chapter shall be focused on the following activities: Basic public infrastructure in distressed counties and isolated areas of distress. Transportation and telecommunication infrastructure for the purpose of facilitating economic development in the region. Business development, with emphasis on entrepreneurship. Job training or employment-related education, with emphasis on use of existing public educational institutions located in the region. Congress finds that certain States and local communities of the region may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because— the States and communities lack the economic resources to provide the required matching share; or there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region. Notwithstanding any provision of law limiting the Federal share, the areas eligible for assistance, or the authorizations of appropriations, under any Federal grant program, and in accordance with subsection (c), the Authority, with the approval of the Federal cochairperson and with respect to a project to be carried out in the region— may increase the Federal share of the costs of a project under any Federal grant program to not more than 90 percent (except as provided in section 3827(b)); and shall use amounts made available to carry out this chapter to pay the increased Federal share. In the case of any project for which all or any portion of the basic Federal share of the costs of the project is proposed to be paid under this section, no Federal contribution shall be made until the Federal official administering the Federal law that authorizes the Federal grant program certifies that the project— meets (except as provided in subsection (b)) the applicable requirements of the applicable Federal grant program; and could be approved for Federal contribution under the Federal grant program if funds were available under the law for the project. The certifications and determinations required to be made by the Authority for approval of projects under this Act in accordance with section 3830 shall be— controlling; and accepted by the Federal agencies. In the case of any project described in paragraph (1), any finding, report, certification, or documentation required to be submitted with respect to the project to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of the Federal grant program under which the project is carried out shall be accepted by the Federal cochairperson. In this section, the term multistate and local development district or organization means an entity— that— is a planning district that is recognized by the Economic Development Administration of the Department of Commerce; or is— organized and operated in a manner that ensures broad-based community participation and an effective opportunity for other nonprofit groups to contribute to the development and implementation of programs in the region; a nonprofit incorporated body organized or chartered under the law of the State in which the entity is located; a nonprofit agency or instrumentality of a State or local government; a public organization established before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 under State law for creation of multijurisdictional, area-wide planning organizations; a nonprofit agency or instrumentality of a State that was established for the purpose of assisting with multistate cooperation; or a nonprofit association or combination of bodies, agencies, and instrumentalities described in clauses
(ii)through (v); and that has not, as certified by the Authority (in consultation with the Federal cochairperson or Secretary, as appropriate)— inappropriately used Federal grant funds from any Federal source; or appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. The Authority may make grants for administrative expenses under this section to multistate, local, and regional development districts and organizations. The amount of any grant awarded under paragraph
(1)shall not exceed 80 percent of the administrative expenses of the multistate, local, or regional development district or organization receiving the grant. No grant described in paragraph
(1)shall be awarded for a period of greater than 3 years. The contributions of a multistate, local, or regional development district or organization for administrative expenses may be in cash or in kind, fairly evaluated, including space, equipment, and services. Except as provided in paragraph (2), a local development district shall operate as a lead organization serving multicounty areas in the region at the local level. The Federal cochairperson may designate an Indian tribe or multijurisdictional organization to serve as a lead organization in such cases as the Federal cochairperson or Secretary, as appropriate, determines appropriate. Northern Great Plains Inc., a nonprofit corporation incorporated in the State of Minnesota to implement the recommendations of the Northern Great Plains Rural Development Commission established by the Northern Great Plains Rural Development Act ( 7 U.S.C. 2661 note; Public Law 103–318 )— shall serve as an independent, primary resource for the Authority on issues of concern to the region; shall advise the Authority on development of international trade; may provide research, education, training, and other support to the Authority; and may carry out other activities on its own behalf or on behalf of other entities. Each year, the Authority, in accordance with such criteria as the Authority may establish, shall designate— as distressed counties, counties in the region that are the most severely and persistently distressed and underdeveloped and have high rates of poverty, unemployment, or outmigration; as nondistressed counties, counties in the region that are not designated as distressed counties under paragraph (1); and as isolated areas of distress, areas located in nondistressed counties (as designated under paragraph (2)) that have high rates of poverty, unemployment, or outmigration. The Authority shall allocate at least 50 percent of the appropriations made available under section 3834 for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region. The funding limitations under section 3825(b) shall not apply to a project to provide transportation or telecommunication or basic public services to residents of 1 or more distressed counties or isolated areas of distress in the region. The Authority shall allocate at least 50 percent of any funds made available under section 3834 for transportation, telecommunication, renewable energy, and basic public infrastructure projects authorized under paragraphs
(1)and
(3)of section 3824(a). In accordance with policies established by the Authority, each State member shall submit a development plan for the area of the region represented by the State member. A State development plan submitted under subsection
(a)shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3823(d)(2). In carrying out the development planning process (including the selection of programs and projects for assistance), a State may— consult with— multistate, regional, and local development districts and organizations; and local units of government; and take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). The Authority and applicable multistate, regional, and local development districts and organizations shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this chapter. The Authority shall develop guidelines for providing public participation described in paragraph (1), including public hearings. In considering programs and projects to be provided assistance under this chapter, and in establishing a priority ranking of the requests for assistance provided to the Authority, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— the relationship of the project or class of projects to overall multistate or regional development; the per capita income and poverty and unemployment and outmigration rates in an area; the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same funds; the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area to be served by the project; and the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated. Except as provided in paragraph (2), no financial assistance authorized by this chapter shall be used to assist a person or entity in relocating from 1 area to another. Financial assistance under this chapter may be used as otherwise authorized by this title to attract businesses from outside the region to the region. Funds may be provided for a program or project in a State under this chapter only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this chapter, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this chapter. A State or regional development plan or any multistate subregional plan that is proposed for development under this chapter shall be reviewed by the Authority. An application for a grant or any other assistance for a project under this chapter shall be made through and evaluated for approval by the State member of the Authority representing the applicant. An application for a grant or other assistance for a project shall be approved only on certification by the State member that the application for the project— describes ways in which the project complies with any applicable State development plan; meets applicable criteria under section 3829; provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and otherwise meets the requirements of this chapter. On certification by a State member of the Authority of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Authority under section 3822(c) shall be required for approval of the application. Nothing in this chapter requires any State to engage in or accept any program under this chapter without the consent of the State. The Authority shall maintain accurate and complete records of all transactions and activities of the Authority. All records of the Authority shall be available for audit and examination by the Comptroller General of the United States and the Inspector General of the Department of Agriculture (including authorized representatives of the Comptroller General and the Inspector General of the Department of Agriculture). A recipient of Federal funds under this chapter shall, as required by the Authority, maintain accurate and complete records of transactions and activities financed with Federal funds and report to the Authority on the transactions and activities to the Authority. All records required under paragraph
(1)shall be available for audit by the Comptroller General of the United States, the Inspector General of the Department of Agriculture, and the Authority (including authorized representatives of the Comptroller General, the Inspector General of the Department of Agriculture, and the Authority). The Inspector General of the Department of Agriculture shall audit the activities, transactions, and records of the Authority on an annual basis for any fiscal year for which funds are appropriated. Not later than 180 days after the end of each fiscal year, the Authority shall submit to the President and to Congress a report describing the activities carried out under this chapter. There is authorized to be appropriated to the Authority to carry out this chapter $30,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. Not more than 5 percent of the amount appropriated under subsection
(a)for a fiscal year shall be used for administrative expenses of the Authority. Notwithstanding any other provision of this chapter, for any fiscal year, the aggregate amount of grants received by a State and all persons or entities in the State under this chapter shall be not less than 1/3 of the product obtained by multiplying— the aggregate amount of grants under this chapter for the fiscal year; and the ratio that— the population of the State (as determined by the Secretary of Commerce based on the most recent decennial census for which data are available); bears to the population of the region (as so determined). The authority provided by this chapter terminates effective October 1, 2018. A guarantee executed by the Secretary under this title shall be an obligation supported by the full faith and credit of the United States. A guarantee executed by the Secretary under this title shall be incontestable except for fraud or misrepresentation that the lender or any holder— has actual knowledge of at the time the guarantee is executed; or participates in or condones. Subject to subsections
(b)and (c), the Secretary may purchase, on such terms and conditions as the Secretary considers appropriate, the guaranteed portion of a loan guaranteed under this title, if the Secretary determines that an adequate secondary market is not available in the private sector. The Secretary may not pay for any guaranteed portion of a loan under subsection
(a)in excess of an amount equal to the unpaid principal balance and accrued interest on the guaranteed portion of the loan. The Secretary may use for the purchases— funds from the Rural Development Insurance Fund with respect to rural development loans (as defined in section 3704(a)); and funds from the Agricultural Credit Insurance Fund with respect to all other loans under this title. The guaranteed portion of any loan made under this title may be sold by the lender, and by any subsequent holder, in accordance with such regulations governing the sales as the Secretary shall establish, subject to clauses
(ii)and (iii). All fees due the Secretary with respect to a guaranteed loan shall be paid in full before any sale. The loan shall be fully disbursed to the borrower before the sale. After a loan is sold in the secondary market, the lender shall— remain obligated under the guarantee agreement of the lender with the Secretary; and continue to service the loan in accordance with the terms and conditions of that agreement. The Secretary shall develop such procedures as are necessary for— the facilitation, administration, and promotion of secondary market operations; and determining the increase of access of farmers to capital at reasonable rates and terms as a result of secondary market operations. This subsection does not impede or extinguish— the right of the borrower or the successor in interest to the borrower to prepay (in whole or in part) any loan made under this title; or the rights of any party under any provision of this title. The Secretary may, directly or through a market maker approved by the Secretary, issue pool certificates representing ownership of part or all of the guaranteed portion of any loan guaranteed by the Secretary under this title. Certificates under subparagraph
(A)shall be based on and backed by a pool established or approved by the Secretary and composed solely of the entire guaranteed portion of the loans. On such terms and conditions as the Secretary considers appropriate, the Secretary may guarantee the timely payment of the principal and interest on pool certificates issued on behalf of the Secretary by approved market makers for purposes of this subsection. A guarantee under subparagraph
(C)shall be limited to the extent of principal and interest on the guaranteed portions of loans that compose the pool. If a loan in a pool is prepaid, either voluntarily or by reason of default, the guarantee of timely payment of principal and interest on the pool certificates shall be reduced in proportion to the amount of principal and interest that the prepaid loan represents in the pool. Interest on prepaid or defaulted loans shall accrue and be guaranteed by the Secretary only through the date of payment on the guarantee. During the term of the pool certificate, the certificate may be called for redemption due to prepayment or default of all loans constituting the pool. The full faith and credit of the United States is pledged to the payment of all amounts that may be required to be paid under any guarantee of the pool certificates issued by approved market makers under this subsection. The Secretary shall not collect any fee for any guarantee under this subsection. Clause
(i)does not preclude the Secretary from collecting a fee for the functions described in paragraph (3). Not later than 30 days after a borrower of a guaranteed loan is in default of any principal or interest payment due for 60 days or more, the Secretary shall— purchase the pool certificates representing ownership of the guaranteed portion of the loan; and pay the registered holder of the certificates an amount equal to the guaranteed portion of the loan represented by the certificate. If the Secretary pays a claim under a guarantee issued under this subsection, the claim shall be subrogated fully to the rights satisfied by the payment, as may be provided by the Secretary. No State or local law, and no Federal law, shall preclude or limit the exercise by the Secretary of the ownership rights of the Secretary in the portions of loans constituting the pool against which the certificates are issued. On the adoption of final rules and regulations, the Secretary shall— provide for the central collection of registration information from all participating market makers for all loans and pool certificates sold under paragraphs
(1)and (2), including, with respect to each original sale and any subsequent sale— identification of the interest rate paid by the borrower to the lender; the servicing fee of the lender; disclosure of whether interest on the loan is at a fixed or variable rate; identification of each purchaser of a pool certificate; the interest rate paid on the certificate; and such other information as the Secretary considers appropriate. before any sale, require the seller (as defined in subparagraph (B)) to disclose to each prospective purchaser of the portion of a loan guaranteed under this title and to each prospective purchaser of a pool certificate issued under paragraph
(2)information on the terms, conditions, and yield of such instrument; provide for adequate custody of any pooled guaranteed loans; take such actions as are necessary, in restructuring pools of the guaranteed portion of loans, to minimize the estimated costs of paying claims under guarantees issued under this subsection; require each market maker— to service all pools formed, and participations sold, by the market maker; and to provide the Secretary with information relating to the collection and disbursement of all periodic payments, prepayments, and default funds from lenders, to or from the reserve fund that the Secretary shall establish to enable the timely payment guarantee to be self-funding, and from all beneficial holders; and regulate market makers in pool certificates sold under this subsection. For purposes of subparagraph (A)(ii), if the instrument being sold is a loan, the term seller does not include— the person who made the loan; or any person who sells 3 or fewer guaranteed loans per year. The Secretary may contract for goods and services to be used for the purposes of this subsection without regard to titles 5, 40, and 41, United States Code (including any regulations issued under those titles). The Secretary may— administer the powers and duties of the Secretary through such national, area, State, or local offices and employees in the United States as the Secretary determines to be necessary; and authorize an office to serve an area composed of 2 or more States if the Secretary determines that the volume of business in the area is not sufficient to justify separate State offices; accept and use voluntary and uncompensated services; and with the consent of the agency concerned, use the officers, employees, equipment, and information of any agency of the Federal Government, or of any State, territory, or political subdivision; subject to appropriations, make necessary expenditures for the purchase or hire of passenger vehicles, and such other facilities and services as the Secretary may from time to time find necessary for the proper administration of this title; subject to subsection (b), compromise, adjust, reduce, or charge-off debts or claims (including debts and claims arising from loan guarantees), and adjust, modify, subordinate, or release the terms of security instruments, leases, contracts, and agreements entered into or administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, the Rural Business-Cooperative Service, or successor agencies under this title, except for activities conducted under the Housing Act of 1949 ( 42 U.S.C. 1441 et seq. ); except for activities conducted under the Housing Act of 1949 ( 42 U.S.C. 1441 et seq. ), collect all claims and obligations administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service, or under any mortgage, lease, contract, or agreement entered into or administered by the Agency or Service; and if the Secretary determines the action is necessary and advisable, pursue the collection to final collection in any court having jurisdiction; release mortgage and other contract liens if it appears that the mortgage and liens have no present or prospective value or that the enforcement of the mortgage and liens likely would be ineffectual or uneconomical; obtain fidelity bonds protecting the Federal Government against fraud and dishonesty of officers and employees of the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service in lieu of faithful performance of duties bonds under section 14 of title 6, United States Code, but otherwise in accordance with the section; consent to— long-term leases of facilities financed under this title notwithstanding the failure of the lessee to meet any of the requirements of this title if the long-term leases are necessary to ensure the continuation of services for which financing was extended to the lessor; and the transfer of property securing any loan or financed by any loan or grant made or guaranteed by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service under this title, or any other law administered by the Secretary, on such terms as the Secretary considers necessary to carry out the purpose of the loan or grant or to protect the financial interest of the Federal Government, provided that the Secretary shall document the consent of the Secretary for the transfer of the property of a borrower in the file of the borrower; and notwithstanding that an area ceases, or has ceased, to be rural, in a rural area, or an eligible area, make loans and grants, and approve transfers and assumptions, under this title on the same basis as though the area still was rural in connection with property securing any loan made or guaranteed by the Secretary under this title or in connection with any property held by the Secretary under this title. The Secretary may not require liquidation of property securing any farmer program loan or acceleration of any payment required under any farmer program loan as a prerequisite to initiating an action authorized under subsection (a). Except as provided in subparagraph (B), the Secretary may release a borrower or other person obligated on a debt (other than debt incurred under the Housing Act of 1949 ( 42 U.S.C. 1441 et seq. )) from personal liability with or without payment of any consideration at the time of the compromise, adjustment, reduction, or charge-off of any claim. No compromise, adjustment, reduction, or charge-off of any claim may be made or carried out after the claim has been referred to the Attorney General, unless the Attorney General approves. In the case of a security instrument entered into under the Rural Electrification Act of 1936 ( 7 U.S.C. 901 et seq. ), the Secretary shall notify the Attorney General of the intent of the Secretary to exercise the authority of the Secretary under paragraph (2). The Secretary shall provide to lenders a short, simplified application form for guarantees under this title of— farmer program loans the principal amount of which is $125,000 or less; and business and industry guaranteed loans under section 3601(a)(2)(A) the principal amount of which is— $400,000 or less; or if the Secretary determines that there is not a significant increased risk of a default on the loan, $600,000 or less. The Secretary shall develop an application process that accelerates, to the maximum extent practicable, the processing of applications for water and waste disposal grants or direct or guaranteed loans under section 3501(a)(1) the grant award amount or principal loan amount, respectively, of which is $300,000 or less. In developing an application under this subsection, the Secretary shall— consult with commercial and cooperative lenders; and ensure that— the form can be completed manually or electronically, at the option of the lender; the form minimizes the documentation required to accompany the form; the cost of completing and processing the form is minimal; and the form can be completed and processed in an expeditious manner. The Secretary may use for the prosecution or defense of any claim or obligation described in subsection (a)(5) the Attorney General, the General Counsel of the Department, or a private attorney who has entered into a contract with the Secretary. The Secretary may use a private collection agency to collect a claim or obligation described in subsection (a)(5). The Secretary may— make advances, without regard to any loan or total indebtedness limitation, to preserve and protect the security for, or the lien or priority of the lien securing any loan or other indebtedness owing to or acquired by the Secretary under this title or under any other program administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service applicable program, as determined by the Secretary; and bid for and purchase at any execution, foreclosure, or other sale or otherwise acquire property on which the United States has a lien by reason of a judgment or execution arising from, or that is pledged, mortgaged, conveyed, attached, or levied on to secure the payment of, the indebtedness regardless of whether the property is subject to other liens; accept title to any property so purchased or acquired; and sell, manage, or otherwise dispose of the property in accordance with this subsection. Except as provided in subsections
(c)and (e), real property administered under this title may be operated or leased by the Secretary for such period as the Secretary may consider necessary to protect the investment of the Federal Government in the property. Not later than 90 days after a court of competent jurisdiction confirms a plan of reorganization under chapter 12 of title 11, United States Code, for any borrower to whom a lender has made a loan guaranteed under this title, the Secretary shall pay the lender an amount estimated by the Secretary to be equal to the loss incurred by the lender for purposes of the guarantee. Any amount paid to a lender under this subsection with respect to a loan guaranteed under this title shall be treated as payment towards satisfaction of the loan guarantee. In addition to any other authority that the Secretary may have to defer principal and interest and forgo foreclosure, the Secretary may permit, at the request of the borrower, the deferral of principal and interest on any outstanding loan made or guaranteed by the Secretary under this title, or under any other law administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service, and may forgo foreclosure of the loan, for such period as the Secretary considers necessary on a showing by the borrower that, due to circumstances beyond the control of the borrower, the borrower is temporarily unable to continue making payments of the principal and interest when due without unduly impairing the standard of living of the borrower. Except as provided in paragraph (2), the Secretary may permit any loan deferred under this section to bear no interest during or after the deferral period. If the security instrument securing the loan is foreclosed, such interest as is included in the purchase price at the foreclosure shall become part of the principal and draw interest from the date of foreclosure at the rate prescribed by law. Except as otherwise provided in this subsection, effective beginning on May 22, 2008, there shall be in effect a moratorium, with respect to farmer program loans made under subtitle A, on all acceleration and foreclosure proceedings instituted by the Department against any farmer who— has pending against the Department a claim of program discrimination that is accepted by the Department as valid; or files a claim of program discrimination that is accepted by the Department as valid. During the period of the moratorium, the Secretary shall waive the accrual of interest and offsets on all farmer program loans made under subtitle A for which loan acceleration or foreclosure proceedings have been suspended under paragraph (1). The moratorium shall terminate with respect to a claim of discrimination by a farmer on the earlier of— the date the Secretary resolves the claim; or if the farmer appeals the decision of the Secretary on the claim to a court of competent jurisdiction, the date that the court renders a final decision on the claim. If a farmer does not prevail on a claim of discrimination described in paragraph (1), the farmer shall be liable for any interest and offsets that accrued during the period that loan acceleration or foreclosure proceedings have been suspended under paragraph (1). The Secretary shall permit a borrower of a loan made or guaranteed under this title to make a prospective payment on the loan with proceeds from— the leasing of oil, gas, or other mineral rights to real property used to secure the loan; or the sale of oil, gas, or other minerals removed from real property used to secure the loan, if the value of the rights to the oil, gas, or other minerals has not been used to secure the loan. Subsection
(a)shall not apply to a borrower of a loan made or guaranteed under this title with respect to which a liquidation or foreclosure proceeding was pending on December 23, 1985. Except as provided in subsection (b), all property subject to a lien held by the United States or the title to which is acquired or held by the Secretary under this title (other than property used for administrative purposes) shall be subject to taxation by State, territory, district, and local political subdivisions in the same manner and to the same extent as other property is taxed. No tax shall be imposed or collected as described in subsection
(a)if the tax (whether as a tax on the instrument or in connection with conveying, transferring, or recording the instrument) is based on— the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary; any notes or lien instruments administered under this title that are made, assigned, or held by a person otherwise liable for the tax; or the value of any property conveyed or transferred to the Secretary. The failure to pay or collect a tax under subsection
(a)shall not— be a ground for— refusal to record or file an instrument; or failure to provide notice; or prevent the enforcement of the instrument in any Federal or State court. No officer, attorney, or other employee of the Department shall, directly or indirectly, be the beneficiary of or receive any fee, commission, gift, or other consideration for or in connection with any transaction or business under this title other than such salary, fee, or other compensation as the officer, attorney, or employee may receive as the officer, attorney, or employee. Except as provided in paragraph (2), no officer or employee of the Department who acts on or reviews an application made by any person under this title for a loan to purchase land may acquire, directly or indirectly, any interest in the land for a period of 3 years after the date on which the action is taken or the review is made. Paragraph
(1)shall not apply to a former member of a county committee on a determination by the Secretary, prior to the acquisition of the interest, that the former member acted in good faith when acting on or reviewing the application. Any person violating this section shall, on conviction of the violation, be punished by a fine of not more than $2,000 or imprisonment for not more than 2 years, or both. In this section, the term summary period means the period beginning on the date of issuance of the preceding loan summary statement and ending on the date of issuance of the current loan summary statement. On the request of a borrower of a loan made (but not guaranteed) under this title, the Secretary shall issue to the borrower a loan summary statement that reflects the account activity during the summary period for each loan made under this title to the borrower, including— the outstanding amount of principal due on each loan at the beginning of the summary period; the interest rate charged on each loan; the amount of payments made on, and the application of the payments to, each loan during the summary period and an explanation of the basis for the application of the payments; the amount of principal and interest due on each loan at the end of the summary period; the total amount of unpaid principal and interest on all loans at the end of the summary period; any delinquency in the repayment of any loan; a schedule of the amount and date of payments due on each loan; and the procedure the borrower may use to obtain more information concerning the status of the loans. The Secretary shall establish a program under which the Secretary shall guarantee loans under this title that are made by lending institutions certified by the Secretary. The Secretary shall certify a lending institution that meets such criteria as the Secretary may prescribe in regulations, including the ability of the institution to properly make, service, and liquidate the loans of the institution. As a condition of the certification, the Secretary shall require the institution to undertake to service the loans guaranteed by the Secretary under this section, using standards that are not less stringent than generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. The Secretary shall, at least annually, monitor the performance of each certified lender to ensure that the conditions of the certification are being met. Notwithstanding any other provision of law: In the case of a loan made or guaranteed under subtitle A, the Secretary shall guarantee not more than 80 percent of a loan made under this section by a certified lending institution as described in paragraph (1), subject to a determination that the borrower of the loan meets the eligibility requirements and such other criteria as may be applicable to loans guaranteed by the Secretary under other provisions of this title. In the case of loans to be guaranteed by the Secretary under this section, the Secretary shall permit certified lending institutions to make appropriate certifications (as provided by regulations issued by the Secretary)— relating to issues such as creditworthiness, repayment ability, adequacy of collateral, and feasibility of farm operation; and that the borrower is in compliance with all requirements of law, including regulations issued by the Secretary. The Secretary shall approve or disapprove a guarantee not later than 14 days after the date that the lending institution applies to the Secretary for the guarantee. If the Secretary disapproves the loan application during the 14-day period, the Secretary shall state, in writing, all of the reasons the application was disapproved. Nothing in this section affects the responsibility of the Secretary to certify eligibility, review financial information, and otherwise assess an application. The Secretary shall establish a Preferred Certified Lenders Program for lenders under this title who establish— knowledge of, and experience under, the program established under subsection (a); knowledge of the regulations concerning the guaranteed loan program; and proficiency related to the certified lender program requirements. Subject to subparagraph (B), the designation of a lender as a Preferred Certified Lender shall be revoked at any time— that the Secretary determines that the lender is not adhering to the rules and regulations applicable to the program; or if the loss experiences of a Preferred Certified Lender are excessive as compared to other Preferred Certified Lenders. A suspension or revocation under subparagraph
(A)shall not affect any outstanding guarantee. As a condition of preferred certification, the Secretary shall require the institution to undertake to service the loans guaranteed by the Secretary under this subsection using generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. The Secretary shall, at least annually, monitor the performance of each Preferred Certified Lender to ensure that the conditions of certification are being met. Notwithstanding any other provision of law, the Secretary shall— guarantee not more than 80 percent of an approved loan made by a certified lending institution as described in this subsection, subject to a determination that the borrower meets the eligibility requirements or such other criteria as may be applicable to loans guaranteed by the Secretary under other provisions of this title; permit certified lending institutions— to make all decisions, with respect to loans to be guaranteed by the Secretary under this subsection relating to credit worthiness, the closing, monitoring, collection and liquidation of loans; and to accept appropriate certifications, as provided by regulations issued by the Secretary, that the borrower is in compliance with all requirements of law or regulations promulgated by the Secretary; and be considered to have guaranteed 80 percent of a loan made by a preferred certified lending institution as described in paragraph (1), if the Secretary fails to approve or reject the application of such institution within 14 calendar days after the date that the lending institution presented the application to the Secretary. If the Secretary rejects an application under subparagraph (A)(iii) during the 14-day period, the Secretary shall state, in writing, the reasons the application was rejected. The Secretary may administer the loan guarantee programs under subsections
(a)and
(b)through central offices established in States or in multi-State areas. Notwithstanding the provisions of this title limiting the making of a loan to a citizen of the United States, the Secretary may make a loan under this title to an alien lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). No loan may be made under this title to an alien referred to in subsection
(a)until the Secretary issues regulations establishing the terms and conditions under which the alien may receive the loan. The Secretary shall submit the regulations to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate at least 30 days prior to the date on which the regulations are published in the Federal Register. The Secretary may employ local attorneys, on a case-by-case basis, to process all legal procedures necessary to clear the title to foreclosed properties in the inventory of the Department. Attorneys shall be compensated at not more than the usual and customary charges of the attorneys for the work. The President may at any time, in the discretion of the President, transfer to the Secretary any right, interest, or title held by the United States in any land acquired in the program of national defense and no longer needed for that purpose that the President finds suitable for the purposes of this title, and the Secretary shall dispose of the transferred land in the manner and subject to the terms and conditions of this title. The Secretary may not complete a study of, or enter into a contract with a private party to carry out, without specific authorization in a subsequent Act of Congress, a competitive sourcing activity of the Secretary, including support personnel of the Department, relating to rural development or farmer program loans. The Secretary may issue such regulations, prescribe such terms and conditions for making or guaranteeing loans, security instruments, and agreements, except as otherwise specified in this title, and make such delegations of authority as the Secretary considers necessary to carry out this title. .
Connectionstraces to 24
Traces to 24 documents
U.S. Code
- Congressional findings§ 1921
- Payments and grants of aid§ 590h
- Loans for housing and buildings on adequate farms§ 1472
- Farmers Home Administration§ 1981
- Definitions§ 3801
- American Indian tribally controlled colleges and universities§ 1059c
- Congressional findings and declarations§ 5121
- Authority of Secretary of Agriculture to conduct census of agriculture§ 2204g
- Congressional statement of findings§ 5901
- Definitions§ 3371
- Congressional declaration of goals and policy§ 1251
- Definitions§ 300f
- Definitions§ 2992c
- Land grant aid of colleges§ 301
- Definitions§ 1002
- Federal Deposit Insurance Corporation§ 1811
- APPROPRIATED FUNDS REQUIREMENT FOR BELOW-MARKET SALES.§ 2002
- DEFINITIONS.§ 2001
- Definitions§ 9902
- Findings and declarations§ 3121
- Statement of purposes and goals§ 2661
- Congressional declaration of national housing policy§ 1441
- Short title§ 901
- Definitions§ 1101
9 references not yet in our index
- Pub. L. 95-334
- Pub. L. 88-452
- 42 USC 2942
- Pub. L. 97-35
- 95 Stat. 519
- Pub. L. 98-258
- Pub. L. 103-382
- Pub. L. 100-460
- Pub. L. 103-318
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cites case law
Sec. 6001
Reorganization of the Consolidated Farm and Rural Development Act
Pub. L.Pub. L. 95-334
Pub. L.Pub. L. 88-452
Cite42 USC 2942
Cites 33 · showing 12Cited by 0 across 0 sources