7 Usc 1926

-CITE-

7 USC Sec. 1926a 01/08/2008

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 50 - AGRICULTURAL CREDIT

SUBCHAPTER I - REAL ESTATE LOANS

-HEAD-

Sec. 1926a. Emergency and imminent community water assistance grant

program

-STATUTE-

(a) In general

The Secretary shall provide grants in accordance with this

section to assist the residents of rural areas and small

communities to secure adequate quantities of safe water -

(1) after a significant decline in the quantity or quality of

water available from the water supplies of such rural areas and

small communities, or when such a decline is imminent; or

(2) when repairs, partial replacement, or significant

maintenance efforts on established water systems would remedy -

(A) an acute, or imminent, shortage of quality water; or

(B) a significant decline, or imminent decline, in the

quantity or quality of water that is available.

(b) Priority

In carrying out subsection (a) of this section, the Secretary

shall -

(1) give priority to projects described in subsection (a)(1) of

this section; and

(2) provide at least 70 percent of all such grants to such

projects.

(c) Eligibility

To be eligible to obtain a grant under this section, an applicant

shall -

(1) be a public or private nonprofit entity; and

(2) in the case of a grant made under subsection (a)(1) of this

section, demonstrate to the Secretary that the decline referred

to in such subsection occurred, or will occur, within 2 years of

the date the application was filed for such grant.

(d) Uses

(1) In general

Grants made under this section may be used -

(A) for waterline extensions from existing systems, laying of

new waterlines, repairs, significant maintenance, digging of

new wells, equipment replacement, and hook and tap fees;

(B) for any other appropriate purpose associated with

developing sources of, treating, storing, or distributing

water;

(C) 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

(D) to provide potable water to communities through other

means.

(2) Joint proposals

Nothing in this section shall preclude rural communities from

submitting joint proposals for emergency water assistance,

subject to the restrictions contained in subsection (e) of this

section. Such restrictions should be considered in the aggregate,

depending on the number of communities involved.

(e) Restrictions

(1) Maximum population and income

No grant provided under this section shall be used to assist

any rural area or community that -

(A) includes any area in any city or town with a population

in excess of 10,000 inhabitants according to the most recent

decennial census of the United States; or

(B) 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.

(2) Set-aside for smaller communities

Not less than 50 percent of the funds allocated under this

section shall be allocated to rural communities with populations

that do not exceed 3,000 inhabitants.

(f) Maximum grants

Grants made under this section may not exceed -

(1) in the case of each grant made under subsection (a)(1) of

this section, $500,000; and

(2) in the case of each grant made under subsection (a)(2) of

this section, $150,000.

(g) Full funding

Subject to subsection (e) of this section, grants under this

section shall be made in an amount equal to 100 percent of the

costs of the projects conducted under this section.

(h) Application

(1) Nationally competitive application process

The Secretary shall develop a nationally competitive

application process to award grants under this section. The

process shall include criteria for evaluating applications,

including population, median household income, and the severity

of the decline, or imminent decline, in quantity or quality of

water.

(2) Timing of review of applications

(A) Simplified application

The application process developed by the Secretary under

paragraph (1) shall include a simplified application form that

will permit expedited consideration of an application for a

grant filed under this section.

(B) Priority review

In processing applications for any water or waste grant or

loan authorized under this chapter, the Secretary shall afford

priority processing to an application for a grant under this

section to the extent funds will be available for an award on

the application at the conclusion of priority processing.

(C) Timing

The Secretary shall, to the maximum extent practicable,

review and act on an application under this section within 60

days after the date on which the application is submitted to

the Secretary.

(i) Funding

(1) Reservation

(A) In general

For each fiscal year, not less than 3 nor more than 5 percent

of the total amount made available to carry out section

1926(a)(2) of this title for the fiscal year shall be reserved

for grants under this section.

(B) Release

Funds reserved under subparagraph (A) for a fiscal year shall

be reserved only until July 1 of the fiscal year.

(2) Authorization of appropriations

In addition to funds made available under paragraph (1), there

is authorized to be appropriated to carry out this section

$35,000,000 for each of fiscal years 2003 through 2007.

-SOURCE-

(Pub. L. 87-128, title III, Sec. 306A, as added Pub. L. 101-82,

title V, Sec. 501(a), Aug. 14, 1989, 103 Stat. 584; amended Pub. L.

104-127, title VII, Sec. 742, Apr. 4, 1996, 110 Stat. 1124; Pub. L.

107-171, title VI, Sec. 6009, May 13, 2002, 116 Stat. 356.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(d)(1)(C), is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

The Safe Drinking Water Act, referred to in subsec. (d)(1)(C), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-

523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of Title 42 and Tables.

For definition of "this chapter", referred to in subsec.

(h)(2)(B), see note set out under section 1921 of this title.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171, Sec. 6009(1), inserted "and imminent"

before "community water assistance" in section catchline.

Subsec. (a)(1). Pub. L. 107-171, Sec. 6009(2)(A), inserted ", or

when such a decline is imminent" before semicolon at end.

Subsec. (a)(2)(A). Pub. L. 107-171, Sec. 6009(2)(B)(i),

substituted "acute, or imminent," for "acute".

Subsec. (a)(2)(B). Pub. L. 107-171, Sec. 6009(2)(B)(ii),

substituted "decline, or imminent decline," for "decline".

Subsec. (c)(2). Pub. L. 107-171, Sec. 6009(3), substituted

"occurred, or will occur," for "occurred".

Subsec. (d)(1). Pub. L. 107-171, Sec. 6009(4), added par. (1) and

struck out heading and text of former par. (1). Text read as

follows: "Grants made under this section may be used for waterline

extensions from existing systems, laying of new waterlines,

repairs, significant maintenance, digging of new wells, equipment

replacement, hook and tap fees, and any other appropriate purpose

associated with developing sources of, or treating, storing, or

distributing water, and 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.)."

Subsec. (f)(2). Pub. L. 107-171, Sec. 6009(5), substituted

"$150,000" for "$75,000".

Subsec. (h)(1). Pub. L. 107-171, Sec. 6009(6)(A), substituted

"decline, or imminent decline," for "decline" in second sentence.

Subsec. (h)(2). Pub. L. 107-171, Sec. 6009(6)(B), added par. (2)

and struck out heading and text of former par. (2). Text read as

follows: "The Secretary shall make every effort to review and act

on applications within 60 days of the date that such applications

are submitted."

Subsec. (i). Pub. L. 107-171, Sec. 6009(7), added subsec. (i) and

struck out heading and text of former subsec. (i). Text read as

follows: "There are authorized to be appropriated to carry out this

section $35,000,000 for each of fiscal years 1996 through 2002."

1996 - Subsec. (e)(1)(A). Pub. L. 104-127, Sec. 742(1)(A),

substituted "10,000" for "15,000".

Subsec. (e)(2). Pub. L. 104-127, Sec. 742(1)(B), substituted

"3,000" for "5,000".

Subsec. (i). Pub. L. 104-127, Sec. 742(2), added subsec. (i) and

struck out heading and text of former subsec. (i). Text read as

follows: "There are authorized to be appropriated to carry out this

section, $35,000,000 for each of the fiscal years 1990 and 1991,

such sums to remain authorized until fully appropriated."

IMPLEMENTATION

Section 501(b) of Pub. L. 101-82 provided that:

"(1) Regulations. - The Secretary of Agriculture shall publish -

"(A) interim final regulations to carry out section 306A of the

Consolidated Farm and Rural Development Act [7 U.S.C. 1926a] (as

added by subsection (a) of this section) not later than 45 days

after the date of enactment of this Act [Aug. 14, 1989]; and

"(B) final regulations to carry out section 306A of such Act

not later than 90 days after the date of enactment of this Act.

"(2) Funds. -

"(A) Obligation. - The Secretary shall designate 70 percent of

the funds made available for the first fiscal year for which

appropriations are made under section 306A(i) of the Consolidated

Farm and Rural Development Act not later than 5 months after the

date such funds are appropriated.

"(B) Release. - The Secretary may release funds prior to the

issuance of final regulations under paragraph (1)(B) for grants

under section 306A(a)(1) of the Consolidated Farm and Rural

Development Act."