Loans to private business enterprises
Definitions
Aquaculture
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.
Solar energy
42 U.S.C. 5901The 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, as amended [ et seq.].
Loan purposes
Loan guarantees
section 1983 of this titleLoans described in paragraph (2), when originated, held, and serviced by other lenders, may be guaranteed by the Secretary under this section without regard to paragraphs (1) and (4) of .
Maximum amount of principal
No loan may be made, insured, or guaranteed under this subsection that exceeds $25,000,000 in principal amount.
Solid waste management grants
In general
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. Grants made under this paragraph for the provision of technical assistance shall be made for 100 percent of the cost of such assistance.
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2014 through 2023.
Rural business development grants
In general
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).
Eligible entities
Eligible purposes for grants
Authorization of appropriations
In general
There is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2014 through 2023, to remain available until expended.
Allocation
Of the funds made available under subparagraph (A) for a fiscal year, not more than 10 percent shall be used for the purposes described in paragraph (3)(A).
Joint loans or grants for private business enterprises; restrictions; system of certification for expeditious processing of requests for assistance; prior approval of grant or loan; equity investment as condition for loan commitment; issuance of certificates of beneficial ownership of notes
Rural cooperative development grants
Definitions
Nonprofit institution
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.
United States
The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the other territories and possessions of the United States.
Grants
The Secretary shall make grants effective , under this subsection to nonprofit institutions for the purpose of enabling the institutions to establish and operate centers for rural cooperative development.
Goals
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.
Application
Awarding grants
Grant period
In general
A grant awarded to a center that has received no prior funding under this subsection shall be made for a period of 1 year.
Multiyear grants
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 parameters described in paragraph (5), as determined by the Secretary.
Authority to extend grant period
The Secretary may extend for 1 additional 12-month period the period in which a grantee may use a grant made under this subsection.
Technical assistance to prevent excessive unemployment or underemployment
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 development potential of projects that increase employment and improve economic growth in the areas.
Grants to defray administrative costs
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 consider contributions in cash and in kind, fairly evaluated, including premises, equipment, and services.
Cooperative research program
The Secretary shall enter into a cooperative research agreement with 1 or more qualified academic institutions in each fiscal year to conduct research (including research and analysis based on data from the latest available Economic Census conducted by the Bureau of the Census) on the effects of all types of cooperatives on the national economy.
Addressing needs of minority communities
Definition of socially disadvantaged group
section 2003(e) of this titleIn this paragraph, the term “socially disadvantaged group” has the meaning given the term in .
Reservation of funds
In general
Insufficient applications
To the extent there are insufficient applications to carry out clause (i), the Secretary shall use the funds as otherwise authorized by this subsection.
Interagency working group
Not later than 90 days after , 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.
Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $40,000,000 for each of fiscal years 2014 through 2023.
Pub. L. 115–334, title VI, § 6601(a)(1)(B)132 Stat. 4775 Repealed. , ,
Business and industry direct and guaranteed loans
Definition of business and industry loan
In this subsection, the term “business and industry loan” means a business and industry direct or guaranteed loan that is made or guaranteed by the Secretary under subsection (a)(2)(A), including guarantees described in paragraph (3)(A)(ii).
Loan guarantees for the purchase of cooperative stock
In general
The Secretary may guarantee a business and industry loan to individual farmers or ranchers for the purpose of purchasing capital stock of a farmer or rancher cooperative established for the purpose of processing an agricultural commodity.
Processing contracts during initial period
A cooperative described in subparagraph (A) for which a farmer or rancher receives a guarantee to purchase stock under subparagraph (A) may contract for services to process agricultural commodities, or otherwise process value-added agricultural products, during the 5-year 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
Financial information required by the Secretary from a farmer or rancher 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 area.
Loans to cooperatives
Eligibility
In general
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 subsection (a) that is located in a rural area or a loan guarantee that meets the requirements of paragraph (6).
Equity
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 subsection (a)(1), as determined by the Secretary.
Refinancing
Loan appraisals
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 similar to standards used for similar purposes in the private sector, as determined by the Secretary.
Fees
The Secretary may assess a 1-time fee for any guaranteed business and industry loan in an amount that does not exceed 2 percent of the guaranteed principal portion of the loan.
Loan guarantees in nonrural areas
In general
Principal amounts
The principal amount of a business and industry loan guaranteed under this paragraph may not exceed $25,000,000.
Intangible assets
In general
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.
Accounts receivable
In the discretion of the Secretary, if the Secretary determines that the action would not create or otherwise contribute to an unreasonable risk of default or loss to the Federal Government, the Secretary may take accounts receivable as security for the obligations entered into in connection with loans and a borrower may use accounts receivable as collateral to secure a loan made or guaranteed under this subsection.
Limitations on loan guarantees for cooperative organizations
Principal amount
In general
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.
Use
Applications
Maximum amount
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 business and industry loans guaranteed for the fiscal year under subsection (a)(2)(A).
Locally or regionally produced agricultural food products
Definitions
Locally or regionally produced agricultural food product
Underserved community
Loan and loan guarantee program
In general
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 and ranch income.
Requirement
The recipient of a loan or loan guarantee under clause (i) 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.
Priority
In making or guaranteeing a loan under clause (i), the Secretary shall give priority to projects that have components benefitting underserved communities.
Reservation of funds
In general
For each of fiscal years 2008 through 2023, the Secretary shall reserve not less than 5 percent of the funds made available to carry out this subsection to carry out this subparagraph.
Availability of funds
Funds reserved under subclause (I) for a fiscal year shall be reserved until April 1 of the fiscal year.
Loan guarantees for certain loans
section 1926(a)(24) of this titleThe Secretary may guarantee loans made under subsection (a) to finance the issuance of bonds for the projects described in .
Appropriate technology transfer for rural areas program
Definition of national nonprofit agricultural assistance institution
Establishment
Implementation
In general
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.
Grant amount
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).
Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2008 through 2023.
Rural economic area partnership zones
Effective beginning on the date of enactment of this subsection through , the Secretary shall carry out those rural economic area partnership zones administratively in effect on the date of enactment of this subsection in accordance with the terms and conditions contained in the memorandums of agreement entered into by the Secretary for the rural economic area partnership zones, except as otherwise provided in this subsection.
Pub. L. 87–128, title III, § 310BPub. L. 92–419, title I, § 118(a)86 Stat. 663Pub. L. 91–524, title VIII, § 817Pub. L. 93–86, § 1(27)(B)87 Stat. 241Pub. L. 95–113, title XV, § 1503(b)91 Stat. 1021Pub. L. 95–334, title I, § 11292 Stat. 424Pub. L. 96–358, § 594 Stat. 1187Pub. L. 96–438, § 1(2)94 Stat. 1871Pub. L. 99–409, § 2100 Stat. 923Pub. L. 100–203, title I, § 1504101 Stat. 1330–28Pub. L. 101–624, title XXIII104 Stat. 4013Pub. L. 102–237, title VII, § 701(c)105 Stat. 1879Pub. L. 102–552, title V, § 516(d)106 Stat. 4137Pub. L. 102–554, § 6106 Stat. 4144Pub. L. 104–127, title VI110 Stat. 1093Pub. L. 104–180, title VII, § 731110 Stat. 1600Pub. L. 107–171, title VI116 Stat. 355Pub. L. 110–234, title VI122 Stat. 1164–1169Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title VI128 Stat. 843–845Pub. L. 113–188, title I, § 101(c)128 Stat. 2017Pub. L. 115–334, title VI132 Stat. 4762(, as added , , ; amended , as added , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 2325, 2337, 2347, formerly 2347(a), 2386, 2388(b), (c), , , 4022, 4034, 4051, 4052; , (h)(1)(C), (D), , , 1880; , , ; , , ; , §§ 635(b), 661(d), title VII, §§ 705(1), 747(a), 759B, , , 1107, 1112, 1125, 1138; , , ; , §§ 6007(b), 6013–6017, , , 358, 359; , §§ 6012(a), (b)(2), 6013–6017, , ; , title VI, §§ 6012(a), (b)(2), 6013–6017, , , 1925, 1927–1931; , §§ 6010(a), (b), 6011, 6012(a), 6013–6016, , ; , , ; , §§ 6410–6415, 6601(a)(1)(B), 6701(c), (d)(1), , , 4775, 4778.)
Editorial Notes
References in Text
Pub. L. 93–57788 Stat. 1878section 5901 of Title 42The Federal Nonnuclear Energy Research and Development Act of 1974, referred to in subsec. (a)(1)(B), is , , , which is classified generally to chapter 74 (§ 5901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 87–12875 Stat. 307section 1921 of this titleThis chapter, referred to in subsec. (d)(5), (7), was in the original “this title”, meaning title III of , , , known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under and Tables.
act July 15, 1949, ch. 33863 Stat. 432section 1441 of Title 42Title V of the Housing Act of 1949, referred to in subsec. (d)(7), is title V of , , which is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the code, see References in Text note set out under and Tables.
Pub. L. 110–246The date of enactment of this subsection, referred to in subsec. (j), is the date of enactment of , which was approved .
Codification
31 U.S.C. 1Pub. L. 97–258, § 4(b)96 Stat. 1067In subsec. (d)(7), “chapter 11 of title 31” substituted for “the Budget and Accounting Act of 1921 [ et seq.]” on authority of , , , the first section of which enacted Title 31, Money and Finance.
Pub. L. 115–334Pub. L. 115–334section 102(a) of Pub. L. 118–22section 9001 of this titleThe authorities provided by each provision of, and each amendment made by, , as in effect on , to continue, and authorities to be carried out, until the later of , or the date specified in the provision of, or amendment made by, , see , set out in an Extension of Agricultural Programs note under .
Pub. L. 110–246Pub. L. 110–246section 701(a) of Pub. L. 112–240section 8701 of this titleThe authorities provided by each provision of, and each amendment made by, , as in effect on , to continue, and the Secretary of Agriculture to carry out the authorities, until the later of , or the date specified in the provision of, or amendment made by, , see , set out in a 1-Year Extension of Agricultural Programs note under .
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Amendments
Pub. L. 115–334, § 64102018—Subsec. (b)(2). , substituted “2023” for “2018”.
Pub. L. 115–334, § 6701(c)Subsec. (c)(3)(A)(v). , substituted “markets; or” for “markets; and”.
Pub. L. 115–334, § 6411Subsec. (c)(4)(A). , substituted “2023” for “2018”.
Pub. L. 115–334, § 6701(d)(1)7 U.S.C. 301Public Law 103–382Subsec. (e)(5)(F). , inserted before period at end “, 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 ( note; ))”.
Pub. L. 115–334, § 6412(a)(1)Subsec. (e)(10). , inserted “(including research and analysis based on data from the latest available Economic Census conducted by the Bureau of the Census)” after “conduct research”.
Pub. L. 115–334, § 6412(b)Subsec. (e)(11)(B)(i). , substituted “(13)” for “(12)” in introductory provisions.
Pub. L. 115–334, § 6412(a)(2)Subsec. (e)(13). , substituted “2023” for “2018”.
Pub. L. 115–334, § 6601(a)(1)(B)Subsec. (f). , struck out subsec. (f) which related to grants to broadcasting systems.
Pub. L. 115–334, § 6413Subsec. (g)(9)(B)(iv)(I). , substituted “2023” for “2018”.
Pub. L. 115–334, § 6414Subsec. (i)(4). , substituted “2023” for “2018”.
Pub. L. 115–334, § 6415Subsec. (j). , substituted “2023” for “2018”.
Pub. L. 113–79, § 6010(a)2014—Subsec. (a)(2)(A). , inserted “(including through the financing of working capital)” after “employment”.
Pub. L. 113–79, § 6011Subsec. (b). , designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 113–79, § 6012(a)Subsec. (c). , added subsec. (c) and struck out former subsec. (c) which related to rural business enterprise grants.
Pub. L. 113–79, § 6013Subsec. (e)(12), (13). , added par. (12), redesignated former par. (12) as (13), and substituted “$40,000,000 for each of fiscal years 2014 through 2018” for “$50,000,000 for each of fiscal years 2008 through 2012”.
Pub. L. 113–79, § 6010(b)Subsec. (g)(7). , designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Pub. L. 113–188Subsec. (g)(9)(B)(iv), (v). redesignated cl. (v) as (iv) and struck out former cl. (iv) which required annual reports describing projects carried out using loans or loan guarantees made under cl. (i).
Pub. L. 113–79, § 6014Subsec. (g)(9)(B)(v)(I). , substituted “2018” for “2012”.
Pub. L. 113–79, § 6015Subsec. (i)(4). , substituted “2018” for “2012”.
Pub. L. 113–79, § 6016Subsec. (j). , substituted “2018” for “2012”.
Pub. L. 110–246, § 6012(a)(1)2008—, inserted section catchline.
Pub. L. 110–246, § 6012(a)(1)Subsec. (a). , (2), inserted subsec. heading, inserted par. (1) heading and introductory provisions, designated former fourth sentence as subpar. (A), inserted subpar. heading, substituted “The” for “As used in this subsection, the”, designated former second sentence as subpar. (B), inserted subpar. heading, substituted “The” for “For the purposes of this subsection, the”, designated former first sentence as par. (2), inserted par. heading, in introductory provisions, substituted “The Secretary may” for “The Secretary may also” and inserted “and private investment funds that invest primarily in cooperative organizations” after “nonprofit”, redesignated former cls. (1) to (4) as subpars. (A) to (D), respectively, designated former third sentence as par. (3), inserted par. heading, substituted “Loans described in paragraph (2)” for “Such loans”, and designated former fifth sentence as par. (4) and inserted par. heading.
Pub. L. 110–246, § 6013(a)(1)Subsec. (e)(5)(A). , substituted “carrying out activities to promote and assist the development of cooperatively and mutually owned businesses” for “administering a nationally coordinated, regionally or State-wide operated project”.
Pub. L. 110–246, § 6013(a)(2)Subsec. (e)(5)(B). , inserted “to promote and assist the development of cooperatively and mutually owned businesses” before semicolon at end.
Pub. L. 110–246, § 6013(a)(3)Subsec. (e)(5)(D), (E). –(6), added subpar. (E), redesignated former subpar. (E) as (D), struck out “and” at end, and struck out former subpar. (D) which read as follows: “demonstrate the ability to create horizontal linkages among businesses within and among various sectors in rural areas of the United States and vertical linkages to domestic and international markets;”.
Pub. L. 110–246, § 6013(a)(7)Subsec. (e)(5)(F). , struck out “greater than” before “a 25 percent”.
Pub. L. 110–246, § 6013(b)Subsec. (e)(6). , added par. (6) and struck out former par. (6). Prior to amendment, text read as follows: “The Secretary shall make grants under this subsection for a period of 1 year. The Secretary shall evaluate programs receiving assistance under this subsection. If the Secretary determines it to be in the best interest of the program, the Secretary may award an additional grant to the program for the immediately succeeding year without application for the grant.”
Pub. L. 110–246, § 6013(c)Subsec. (e)(7) to (12). –(f), added pars. (7), (10), and (11), redesignated former pars. (7) to (9) as (8), (9), and (12), respectively, and in par. (12), substituted “2008 through 2012” for “1996 through 2007”.
Pub. L. 110–246, § 6014Subsec. (f)(3). , substituted “2008 through 2012” for “2002 through 2007”.
Pub. L. 110–246, § 6012(a)(3)(A)Subsec. (g)(1). , (b)(2), substituted “subsection (a)(2)(A)” for “subsection (a)(1)” and inserted “, including guarantees described in paragraph (3)(A)(ii)” before period at end.
Pub. L. 110–246, § 6012(a)(3)(B)Subsec. (g)(3)(A). , substituted “Eligibility” for “In general” in subpar. heading, designated existing provisions as cl. (i), inserted heading, and added cl. (ii).
Pub. L. 110–246, § 6012(b)(2)Subsec. (g)(6)(A)(iii). , substituted “subsection (a)(2)(A)” for “subsection (a)(1)”.
Pub. L. 110–246, § 6012(a)(3)(C)Subsec. (g)(8)(A)(ii). , inserted “that” after “project” in introductory provisions, added subcls. (I) and (II), and struck out former subcls. (I) and (II) which read as follows:
“(I) in a rural area; and
“(II) that provides for the value-added processing of agricultural commodities.”
Pub. L. 110–246, § 6012(b)(2)Subsec. (g)(8)(C). , substituted “subsection (a)(2)(A)” for “subsection (a)(1)”.
Pub. L. 110–246, § 6015Subsec. (g)(9). , added par. (9).
Pub. L. 110–246Subsecs. (i), (j). , §§ 6016, 6017, added subsecs. (i) and (j).
Pub. L. 107–171, § 60132002—Subsec. (a)(3). , inserted “and other renewable energy systems (including wind energy systems and anaerobic digestors for the purpose of energy generation)” after “solar energy systems”.
Pub. L. 107–171, § 6014Subsec. (c)(1). , substituted “Grants” for “In general” in heading, designated existing provisions as subpar. (A) and inserted heading, and added subpar. (B).
Pub. L. 107–171, § 6015(1)7 U.S.C. 301Public Law 103–382Pub. L. 115–334, § 6701(d)(1)Pub. L. 107–171, § 6015Subsec. (e)(5)(F). , which directed amendment of this section “in paragraph (5)(F), before the period at the end the following: ‘, 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 ( note; ))’ ”, could not be executed because the phrase “by inserting” did not appear. Corrected amendment was made by , effective as if included in . See 2018 Amendment note above and Effective Date of 2018 Amendment note below.
Pub. L. 107–171, § 6015(2)Subsec. (e)(9). , substituted “2007” for “2002”.
Pub. L. 107–171, § 6016Subsec. (f)(3). , added par. (3).
Pub. L. 107–171, § 6017Subsec. (g). , added subsec. (g) and struck out heading and text of former subsec. (g). Text read as follows:
Definition of farmer“(1) .—In this subsection, the term ‘farmer’ means any farmer that the Secretary determines is a family farmer.
Loan guarantees“(2) .—The Secretary may guarantee loans under this section to individual farmers for the purpose of purchasing start-up capital stock of a farmer cooperative established for the purpose of processing an agricultural commodity.
Eligibility“(3) .—To be eligible for a loan guarantee under this subsection, a farmer must produce the agricultural commodity that will be processed by the cooperative.”
Pub. L. 107–171, § 6007(b)Subsec. (h). , added subsec. (h).
Pub. L. 104–127, § 747(a)(1)1996—Subsec. (a). , in first sentence, struck out “and” before “(3)” and inserted before period at end “, and (4) to facilitate economic opportunity for industries undergoing adjustment from terminated Federal agricultural price and income support programs or increased competition from foreign trade”.
Pub. L. 104–127, § 635(b), in third sentence, substituted “(4) of” for “(3) of”.
Pub. L. 104–127, § 747(a)(2)Subsec. (b). , inserted heading, redesignated par. (2) as subsec. (b), struck out “(2)” before “The Secretary”, and struck out par. (1) which read as follows: “Secretary may make grants, not to exceed $50,000,000 annually, to eligible applicants under this section for pollution abatement and control projects in rural areas. No such grant shall exceed 50 per centum of the development cost of such a project.”
Pub. L. 104–127, § 747(a)(3)Subsec. (c). , inserted heading, in par. (1), inserted par. heading and inserted “(including nonprofit entities)” after “private business enterprises”, in par. (2), inserted par. heading and substituted “award grants on a competitive basis” for “make grants”, and added par. (3).
Pub. L. 104–127, § 661(d)(1)Subsec. (d)(2) to (4). , substituted “provision of this section” for “provision of this section and sections 1924(b) and 1942(b) of this title”.
Pub. L. 104–127, § 661(d)(2)section 1924 of this titlesection 1942 of this titleSubsec. (d)(6). , substituted “this section” for “this section, , or ”.
Pub. L. 104–127, § 747(a)(4)Subsec. (e). , added subsec. (e) and struck out former subsec. (e) which authorized the insuring or guaranteeing of loans for the purpose of constructing or improving subterminal facilities.
Pub. L. 104–180Pub. L. 104–127, § 747(a)(4)Subsec. (e)(2). amended , which enacted subsec. (e), to insert “effective ,” after “The Secretary shall make grants” in par. (2).
Pub. L. 104–127, § 759BSubsec. (f). , added par. (1), redesignated existing provisions as par. (2), and added par. heading.
Pub. L. 104–127, § 747(a)(5), (6), redesignated subsec. (j) as (f) and struck out former subsec. (f) which authorized grants to nonprofit institutions for the purpose of establishing and operating centers for rural technology or cooperative development. See subsec. (e) of this section.
Pub. L. 104–127, § 705(1)Pub. L. 101–624, § 2347(a), made technical amendment to directory language of . See 1990 Amendment note below.
Pub. L. 104–127, § 747(a)(5)Subsec. (g). , (7), added subsec. (g) and struck out former subsec. (g) which read as follows: “In carrying out subsection (f) of this section, the Secretary may provide technical assistance to alleviate or prevent conditions of excessive unemployment or underemployment of persons residing in economically distressed rural areas that the Secretary determines have a substantial need for such assistance. Such assistance shall include planning and feasibility studies, management and operational assistance, and studies evaluating the needs for development potential of projects that increase employment and improve economic growth in such areas.”
Pub. L. 104–127, § 705(1)Pub. L. 101–624, § 2347(a), made technical amendment to directory language of . See 1990 Amendment note below.
Pub. L. 104–127, § 747(a)(5)Subsec. (h). , struck out subsec. (h) which read as follows: “The Secretary may make grants to defray not to exceed 75 percent of the administrative costs incurred by organizations and public bodies to carry out projects for which grants or loans are made under subsection (f) of this section. For purposes of determining the non-Federal share of such costs, the Secretary shall consider contributions in cash and in kind, fairly evaluated, including but not limited to premises, equipment, and services.”
Pub. L. 104–127, § 705(1)Pub. L. 101–624, § 2347(a), made technical amendment to directory language of . See 1990 Amendment note below.
Pub. L. 104–127, § 747(a)(5)Subsec. (i). , struck out subsec. (i) which authorized making of loans at low interest rates and at market rates to 1 or more businesses, local governments, or public agencies in rural areas to fund facilities in which recipients of such loans share telecommunications terminal equipment, computers, computer software, and computer hardware.
Pub. L. 104–127, § 747(a)(6)Subsec. (j). , redesignated subsec. (j) as (f).
Pub. L. 102–5541992—Subsec. (c). designated existing provisions as par. (1) and added par. (2).
Pub. L. 102–552, which directed the substitution of “business enterprises or the creation, expansion, and operation of rural distance learning networks or rural learning programs that provide educational instruction or job training instruction related to potential employment or job advancement to adult students,” for “business enterprises,” in section 310B(c) without specifying the name of the act, was executed to this section, which is section 310B of the Consolidated Farm and Rural Development Act, to reflect the probable intent of Congress.
Pub. L. 102–237, § 701(h)(1)(C)1991—Subsec. (d)(5), (7). , (D), substituted “this chapter” for “this Act”.
Pub. L. 102–237, § 701(c)(3)Subsec. (f)(4). , (4), redesignated par. (4), relating to grants to statewide private nonprofit public television systems, as subsec. (j), and transferred such provision to follow subsec. (i).
Pub. L. 102–237, § 701(c)(1)Subsec. (i)(2)(B)(iv). , substituted “(iii) of this subparagraph” for “(ii) of this subsection”.
Pub. L. 102–237, § 701(c)(2)section 2008(b)(3) of this titleSubsec. (i)(5)(A). , inserted closing parenthesis after “”.
Pub. L. 102–237, § 701(c)(3)Subsec. (j). –(5), redesignated subsec. (f)(4), relating to grants to statewide private nonprofit public television systems, as subsec. (j), transferred such provision to follow subsec. (i), and inserted heading.
Pub. L. 101–624, § 2388(b)1990—Subsec. (a). , substituted “paragraphs (1) and (3)” for “subsections (a) and (c)”.
Pub. L. 101–624, § 2325Subsec. (b). , designated existing provisions as par. (1) and added par. (2).
Pub. L. 101–624, § 2388(c)Subsec. (d). , designated first par. and pars. (1) to (6) as (1) to (7), respectively, substituted “paragraphs (2) and (3)” for “paragraph (1) and (2)” in par. (4), and realigned margins of pars. (5) to (7).
Pub. L. 101–624, § 2386Subsec. (f). , added par. (4) relating to grants to statewide private nonprofit public television systems.
Pub. L. 101–624, § 2347Pub. L. 104–127, § 705(1), formerly § 2347(a), as renumbered by , added subsec. (f) and struck out former subsec. (f) which read as follows:
“(1) The Secretary may make grants under this subsection to public and nonprofit private institutions for the purpose of enabling them to establish and operate centers of rural technology development that have, as a primary objective, the improvement of the economic condition of rural areas by promoting the development (through technological innovation and adaptation of existing technology) and commercialization of (A) new products that can be produced in rural areas, and (B) new processes that can be used in such production.
“(2) Grants under this subsection may be made on a competitive basis. In making grants, the Secretary shall give preference to applicants that will establish centers for rural technology in areas that have (A) few industries and agribusinesses, (B) high levels of unemployment, (C) high rates of out-migration of people, business, and industries, and (D) low levels of per capita income.
“(3) If grants are to be made under this subsection, the Secretary shall issue regulations implementing this subsection that shall include provisions for the monitoring and evaluation of the rural technology development activities carried out by institutions that receive grants under this subsection.”
Pub. L. 101–624, § 2347Pub. L. 104–127, § 705(1)Subsecs. (g), (h). , formerly § 2347(a), as renumbered by , added subsecs. (g) and (h).
Pub. L. 101–624, § 2337Subsec. (i). , added subsec. (i).
Pub. L. 100–2031987—Subsec. (c). inserted “and private nonprofit corporations” after “to public bodies” and substituted “to finance and facilitate development of small and emerging” for “to facilitate development of”.
Pub. L. 99–409, § 2(1)1986—Subsec. (a). , inserted provision that no loan may be made, insured, or guaranteed under this subsection that exceeds $25,000,000 in principal amount.
Pub. L. 99–409, § 2(2)Subsec. (f). , added subsec. (f).
Pub. L. 96–4381980—Subsec. (a). authorized the Secretary to make and insure loans for the purpose of reducing the reliance on nonrenewable energy resources by encouraging the development and construction of solar energy systems, including the modification of existing systems, in rural areas and defined term “solar energy”, for purposes of subsection (a) of this section, as meaning energy derived from sources, other than fossil fuels, and technologies included in the Federal Nonnuclear Energy Research and Development Act of 1974, as amended.
Pub. L. 96–358Subsec. (e). added subsec. (e).
Pub. L. 95–334, § 112(1)1978—Subsec. (d)(1), (2). , inserted exception for assistance less than $1,000,000, or where direct employment will not be increased by more than 50 employees.
Pub. L. 95–334, § 112Subsec. (d)(3). , inserted exception for assistance less than $1,000,000, or where direct employment will not be increased by more than 50 employees and substituted “30” for “60”.
Pub. L. 95–1131977—Subsec. (a). inserted reference to the conservation, development, and utilization of water for aquaculture purposes and inserted definition of “aquaculture”.
Pub. L. 91–524, § 817Pub. L. 93–861973—Subsec. (d)(4) to (6). , as added by , added pars. (4) to (6).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–334, title VI, § 6701(d)(2)132 Stat. 4778
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under .
Effective Date of 1996 Amendment
Pub. L. 104–180, title VII, § 731110 Stat. 1600
Effective Date of 1991 Amendment
section 701(c) of Pub. L. 102–237Pub. L. 101–624Pub. L. 102–237Pub. L. 102–237section 1421 of this titleAmendment by effective as if included in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, , to which the amendment relates, and amendment by section 701(h)(1)(C), (D) of to any provision specified therein effective as if included in Act that added provision so specified at the time such Act became law, see section 1101(b)(6), (c) of , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–409, § 2(2)100 Stat. 923, , , provided that the amendment made by section 2(2) is effective .
Effective Date of 1980 Amendment
Pub. L. 96–358section 6 of Pub. L. 96–358section 3701 of this titleAmendment by effective , see , set out as an Effective Date note under .
Effective Date of 1977 Amendment
Pub. L. 95–113section 1901 of Pub. L. 95–113section 1307 of this titleAmendment by effective , see , set out as a note under .
Transfer of Functions
section 1323 of Pub. L. 99–198section 2302(b) of Pub. L. 101–624Powers, duties, and assets of agencies, offices, and other entities within Department of Agriculture relating to rural development functions under this section and under , set out as a note below, transferred to Rural Development Administration by .
Regulations
Pub. L. 113–79, title VI, § 6010(c)128 Stat. 843
Business Development
Pub. L. 101–624, title XXIII, § 2336104 Stat. 4022
Guarantee by Secretary of Agriculture of Loans to Nonprofit National Rural Development and Finance Corporations
Pub. L. 99–198, title XIII, § 132399 Stat. 1534Pub. L. 99–425, title IV, § 407(c)100 Stat. 971Pub. L. 99–500, § 101(a) [title VI, § 641]100 Stat. 1783Pub. L. 99–591, § 101(a) [title VI, § 641]100 Stat. 3341Pub. L. 100–202, § 101(k) [title VI, § 636]101 Stat. 1329–322Pub. L. 113–79, title VI, § 6017(b)128 Stat. 846
Pub. L. 99–500, § 101(a) [title VI, § 641]100 Stat. 1783Pub. L. 99–591, § 101(a) [title VI, § 641]100 Stat. 3341
Limits on Grants for Fiscal Years 1982, 1983, and 1984
Pub. L. 97–35, title I, § 12095 Stat. 3677 U.S.C. 1932, , , provided in part that, notwithstanding any other provision of law, there was authorized to be appropriated for grants pursuant to section 310B(c) of the Consolidated Farm and Rural Development Act () not to exceed: $5,007,000 for fiscal year 1982, $5,280,000 for fiscal year 1983, and $5,553,000 for fiscal year 1984.