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Code · BILL · 116th Congress · S. 4336 (Introduced in Senate) — To provide for the improvement of rural infrastructure in the United States, and for other purposes. · Sec. 102

Sec. 102. Rural infrastructure partnerships

1,423 words·~6 min read·/bill/116/s/4336/is/section-102

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The Consolidated Farm and Rural Development Act is amended by inserting after subtitle H ( 7 U.S.C. 2009cc et seq.) the following: In this subtitle: The term infrastructure has the meaning given the term in section 3 of the Reforming, Expanding, and Simplifying Investment for Local Infrastructure to Enhance our Neighborhoods and Towns Act . The term rural has the meaning given the term in section 3 of the Reforming, Expanding, and Simplifying Investment for Local Infrastructure to Enhance our Neighborhoods and Towns Act .
The term rural infrastructure project has the meaning given the term in section 3 of the Reforming, Expanding, and Simplifying Investment for Local Infrastructure to Enhance our Neighborhoods and Towns Act . The term Rural Liaison means a Rural Liaison designated under section 201(b)(1) of the Reforming, Expanding, and Simplifying Investment for Local Infrastructure to Enhance our Neighborhoods and Towns Act . The term Secretary means the Secretary, acting through the Director of the Rural Partnerships Office.
The Secretary shall establish a Rural Partners Program (referred to in this section as the Program ) to provide technical assistance to improve the delivery, financing, operations, and maintenance of rural infrastructure projects. In carrying out the Program, the Secretary shall coordinate with— technical assistance programs of the Department of Agriculture and the Environmental Protection Agency; the Capacity Building for Affordable Housing and Community Development Program authorized under section 4 of the HUD Demonstration Act of 1993 ( 42 U.S.C. 9816 note;
Public Law 103–120 ); the rural and Tribal passenger transportation technical assistance program established under section 310B(c)(3)(B)(iv); and any other technical assistance programs that may impact rural infrastructure projects, including programs operated by States. The Secretary shall select, through a competitive process, not more than 5 organizations to provide to rural communities technical assistance under this section. To be eligible for selection under paragraph (1), an organization shall— provide technical assistance nationally; and have the experience and capacity to provide technical assistance in each State, the Commonwealth of Puerto Rico, and the United States Virgin Islands.
To be eligible to receive technical assistance under this section, a rural community (including a rural passenger transportation agency) shall submit to the Secretary an initial proposal containing a basic statement of— a description of the technical assistance under subsection
(e)being requested; and how the technical assistance would improve rural infrastructure in the rural community. The Secretary shall coordinate with State offices of the rural development mission area to identify a point of contact who shall assist the rural community with the remainder of the application process. The Secretary— shall not require the initial proposal under paragraph
(1)to contain any information not required under that paragraph; and shall determine the requirements for the remainder of the application process. The Secretary shall consult with the Rural Liaison for any relevant Federal agencies in reviewing applications under this subsection. A technical assistance provider selected under subsection
(c)may provide to a rural community the application of which is approved under subsection
(d)technical assistance with— infrastructure project planning; asset management; life-cycle accounting; project delivery; funding and financing; regional coordination; project affordability; broadband predevelopment work; and project oversight. The Secretary shall assign a technical assistance provider selected under subsection
(c)to a rural community the application of which is approved under subsection
(d)for a period that is not longer than 2 years. Personnel of a technical assistance provider shall be onsite in the rural community for a significant portion of the period under subsection (f), as determined by the Secretary. A technical assistance provider shall submit to the Secretary and the Rural Liaison for any relevant Federal agencies quarterly reports describing the status of activities in each rural community to which the provider is assigned. The Secretary shall establish an online clearinghouse of best practices specifically targeted to rural infrastructure project planning, asset management, life-cycle accounting, project delivery, funding and financing, regional coordination, affordability, and project oversight, including resources prepared by Federal agencies and external resources. The Secretary shall establish a predevelopment scoping grant program (referred to in this section as the program ) to provide grants to assist rural communities in developing cost-effective rural infrastructure projects, with a particular focus on regionally coordinated or bundled projects. An application for a grant under the program shall— require only such documentation as is necessary to demonstrate the potential for a viable project; and be submitted by the State, local, or regional governmental entity, or nonprofit entity with the ability to provide technical assistance across a State, with primary responsibility for the project. A grant under this section shall be in an amount not greater than $150,000. In this section, the term bundled project means 2 or more rural infrastructure projects of a local, regional, or State entity that are submitted in a single application and subject to a single procurement contract. The Secretary, in coordination with the Rural Liaisons, shall establish a Rural Infrastructure Bundling Program (referred to in this section as the Program ) to improve the efficiency of rural infrastructure projects. The Secretary shall solicit, on a rolling basis, letters of interest from local, regional, or State entities for bundled projects. A letter of interest submitted by a local, regional, or State entity under paragraph
(1)shall include a description of— a bundled project concept; likely funding sources; and such other information as is necessary to determine whether the proposed project is unlikely to be completed but for assistance provided by the Program. The Secretary, State offices of the rural development mission area, and the Rural Liaison for any relevant Federal agencies shall review letters of interest submitted by local, regional, or State entities to determine whether to approve each bundled project for assistance under the Program. In reviewing letters of interest under subparagraph (A), the individuals and entities described in that subparagraph shall consider whether the proposed project is unlikely to be completed but for assistance provided by the Program. The Secretary, in coordination with the Rural Liaisons, shall provide to a local, regional, or State entity that is approved for assistance under the Program— technical assistance with the development of a bundled project, including assistance with identifying appropriate financing; and a grant to support project development and ongoing project management. For purposes of the programs and laws described in paragraph (2), each rural infrastructure project that is included in a bundled project that is approved for assistance under the Program shall be considered a separate rural infrastructure project. The programs and laws referred to in paragraph
(1)are— water or waste disposal grants or direct or guaranteed loans under paragraph
(1)or
(2)of section 306(a); rural water or wastewater technical assistance and training grants under section 306(a)(14); emergency community water assistance grants under section 306A; paragraphs (2)(C) and (5)(C) of section 603(b) of title 23, United States Code; paragraphs (2)(B) and (5)(C) of section 5029(b) of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3908(b) ); the program for national infrastructure investments (commonly known as the Better Utilizing Investments to Leverage Development (BUILD) discretionary grant program ) authorized under title I of division L of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ) or a subsequent appropriations Act; and a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). A bundled project that is approved for assistance under the Program shall be exempt from the volume cap for private activity bonds under section 146(d) of the Internal Revenue Code of 1986. Except as provided in subsection (e), a bundled project that is approved for assistance under the Program shall be considered to be— a rural infrastructure project for purposes of the TIFIA program (as those terms are defined in section 601(a) of title 23, United States Code); and a rural project for purposes of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3901 et seq.). A bundled project that is approved for assistance under the Program shall be considered to be a covered project under title XLI of the FAST Act ( 42 U.S.C. 4370m et seq.). The Secretary shall publish on the website of the Rural Partnerships Office an annual report describing the activities of the Office, including— the status of projects funded with grants provided by the Office; activities conducted under the Rural Partners Program under section 385B; private sector investment leveraged by those projects and activities; and the activities of the Rural Infrastructure Bundling Program under section 385E. .
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