7 U.S.C. § 918c — Rural and remote communities electrifica-

Page 528 TITLE 7—AGRICULTURE § 918b 1 So in original. Probably should be followed by a comma. least 275 percent of the national average resi- dential expenditure for home energy (as deter- mined by the Energy Information Agency using the most recent data available); (2) make grants and loans to the Denali Commission established by the Denali Com- mission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) to acquire, construct, extend, up- grade, and otherwise improve energy genera- tion, transmission, or distribution facilities serving communities described in paragraph (1); and (3) make grants to State entities, in exist- ence as of November 9, 2000, to establish and support a revolving fund to provide a more cost-effective means of purchasing fuel where the fuel cannot be shipped by means of surface transportation. (b) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2001 and such sums as are necessary for each subsequent fiscal year. (2) Limitation on planning and administrative expenses Not more than 4 percent of the amounts made available under paragraph (1) may be used for planning and administrative expenses. (May 20, 1936, ch. 432, title I, § 19, as added Pub. L. 106–472, title III, § 301, Nov. 9, 2000, 114 Stat. 2069.) Editorial Notes REFERENCES IN TEXT The Denali Commission Act of 1998, referred to in subsec. (a)(2), is title III of div. C of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–637, which is set out as a note under section 3121 of Title 42, The Public Health and Welfare. § 918b. Acquisition of existing systems in rural communities with high energy costs On and after November 28, 2001, notwith- standing any other provision of law, the Sec- retary of Agriculture, acting through the Ad- ministrator of the Rural Utilities Service 1 shall use the authorities provided in the Rural Elec- trification Act of 1936 [7 U.S.C. 901 et seq.] to fi- nance the acquisition of existing generation, transmission and distribution systems and fa- cilities serving high cost, predominantly rural areas by entities capable of and dedicated to providing or improving service in such areas in an efficient and cost effective manner. (Pub. L. 107–76, title VII, § 748, Nov. 28, 2001, 115 Stat. 738; Pub. L. 115–334, title XII, § 12408(b), Dec. 20, 2018, 132 Stat. 4977.) Editorial Notes REFERENCES IN TEXT The Rural Electrification Act of 1936, referred to in text, is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to this chapter (§ 901 et seq.). For complete classification of this Act to the Code, see sec- tion 901 of this title and Tables. CODIFICATION Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 2002, and not as part of the Rural Electrification Act of 1936 which com- prises this chapter. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation act: Pub. L. 106–387, § 1(a) [title I, § 771], Oct. 28, 2000, 114 Stat. 1549, 1549A–45. AMENDMENTS 2018—Pub. L. 115–334 inserted ‘‘the Secretary of Agri- culture, acting through’’ before ‘‘the Administrator of the Rural Utilities Service’’. § 918c. Rural and remote communities electrifica- tion grants (a) Definitions In this section: (1) The term ‘‘eligible grantee’’ means a local government or municipality, peoples’ utility district, irrigation district, and cooper- ative, nonprofit, or limited-dividend associa- tion in a rural area. (2) The term ‘‘incremental hydropower’’ means additional generation achieved from in- creased efficiency after January 1, 2005, at a hydroelectric dam that was placed in service before January 1, 2005. (3) The term ‘‘renewable energy’’ means electricity generated from— (A) a renewable energy source; or (B) hydrogen, other than hydrogen pro- duced from a fossil fuel, that is produced from a renewable energy source. (4) The term ‘‘renewable energy source’’ means— (A) wind; (B) ocean waves; (C) biomass; (D) solar; (E) landfill gas; (F) incremental hydropower; (G) livestock methane; or (H) geothermal energy. (5) The term ‘‘rural area’’ means a city, town, or unincorporated area that has a popu- lation of not more than 10,000 inhabitants. (b) Grants The Secretary, in consultation with the Sec- retary of Agriculture and the Secretary of the Interior, may provide grants under this section to eligible grantees for the purpose of— (1) increasing energy efficiency, siting or up- grading transmission and distribution lines serving rural areas; or (2) providing or modernizing electric genera- tion facilities that serve rural areas. (c) Grant administration (1) The Secretary shall make grants under this section based on a determination of cost-effec- tiveness and the most effective use of the funds to achieve the purposes described in subsection (b). (2) For each fiscal year, the Secretary shall al- locate grant funds under this section equally be- Page 529 TITLE 7—AGRICULTURE § 922 tween the purposes described in paragraphs (1) and (2) of subsection (b). (3) In making grants for the purposes de- scribed in subsection (b)(2), the Secretary shall give preference to renewable energy facilities. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2006 through 2012. (Pub. L. 95–617, title VI, § 609, as added Pub. L. 109–58, title II, § 209, Aug. 8, 2005, 119 Stat. 657.) Editorial Notes CODIFICATION Section was enacted as part of the Public Utility Regulatory Policies Act of 1978, and not as part of the Rural Electrification Act of 1936 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS Secretary means the Secretary of Energy, see section 2602(14) of Title 16, Conservation. SUBCHAPTER II—RURAL TELEPHONE SERVICE § 921. Congressional declaration of policy It is declared to be the policy of the Congress that adequate telephone service be made gen- erally available in rural areas through the im- provement and expansion of existing telephone facilities and the construction and operation of such additional facilities as are required to as- sure the availability of adequate telephone serv- ice to the widest practicable number of rural users of such service. (Oct. 28, 1949, ch. 776, § 1, 63 Stat. 948.) Editorial Notes CODIFICATION Section is composed of the first sentence of section 1 of act Oct. 28, 1949. The second sentence of section 1 of that act, which provided that: ‘‘In order to effectuate this policy, the Rural Electrification Act of 1936 [this chapter] is amended as hereinafter provided’’, is omit- ted from the Code. Section was not enacted as part of title II of the Rural Electrification Act of 1936 which comprises sub- chapter II of this chapter. §§ 921a, 921b. Repealed. Pub. L. 115–334, title VI, § 6602(b)(13), (14), Dec. 20, 2018, 132 Stat. 4777 Section 921a, Pub. L. 92–12, § 1, May 7, 1971, 85 Stat. 29, related to policy of financing of rural telephone pro- gram. Section 921b, Pub. L. 92–324, § 1, June 30, 1972, 86 Stat. 390, related to policy of expansion of markets for deben- tures. § 922. Loans for telephone service From such sums as are from time to time made available by the Congress to the Secretary for such purpose, pursuant to section 903 of this title, the Secretary is authorized and empow- ered to make loans to persons now providing or who may hereafter provide telephone service in rural areas, to public bodies now providing tele- phone service in rural areas and to cooperative, nonprofit, limited dividend, or mutual associa- tions. Except as otherwise provided by this sub- chapter, such loans shall be made under the same terms and conditions as are provided in section 904 of this title, for the purpose of fi- nancing the improvement, expansion, construc- tion, acquisition, and operation of telephone lines, facilities, or systems to furnish and im- prove telephone service in rural areas: Provided, however, That the Secretary, in making such loans, shall give preference to persons providing telephone service in rural areas, to public bodies now providing telephone service in rural areas, and to cooperative, nonprofit, limited dividend, or mutual associations. The Secretary in mak- ing such loans shall, insofar as possible, obtain assurance that the telephone service to be fur- nished or improved thereby will be made avail- able to the widest practical number of rural users. When it is determined by the Secretary to be necessary in order to furnish or improve tele- phone service in rural areas, such loans may be made for the improvement, expansion, construc- tion, acquisition, and operation of telephone lines, facilities, or systems without regard to their geographical location. The Secretary is further authorized and empowered to make loans for the purpose of refinancing outstanding indebtedness of persons furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this chapter. Loans under this sec- tion shall not be made unless the Secretary finds and certifies that in his judgment the secu- rity therefor is reasonably adequate and such loan will be repaid within the time agreed and that no duplication of lines, facilities, or sys- tems, providing reasonably adequate services will result therefrom. (May 20, 1936, ch. 432, title II, § 201, as added Oct. 28, 1949, ch. 776, § 5, 63 Stat. 948; amended Pub. L. 92–12, § 3(b), May 7, 1971, 85 Stat. 37; Pub. L. 103–354, title II, § 235(a)(13), Oct. 13, 1994, 108 Stat. 3221; Pub. L. 115–334, title VI, §§ 6211, 6502, 6702, Dec. 20, 2018, 132 Stat. 4744, 4772, 4779.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334, § 6702(2), which directed substi- tution of ‘‘certifies’’ for ‘‘centifies’’ in sixth sentence, could not be executed because the word ‘‘centifies’’ did not appear. Pub. L. 115–334, § 6702(1), which directed substitution of ‘‘widest’’ for ‘‘wildest’’ in third sentence, could not be executed because the word ‘‘wildest’’ did not appear. Pub. L. 115–334, § 6502, inserted section catchline and substituted ‘‘associations.’’ for ‘‘associations: And pro- vided further, That for a period of one year from and after October 28, 1949, applications for loans received by the Secretary from persons who on October 28, 1949, are engaged in the operation of existing telephone service in rural areas shall be considered and acted upon before action is taken upon any application received from any other person for any loan to finance the furnishing or improvement of telephone service to substantially the same subscribers.’’ in second sentence and ‘‘and that no duplication’’ for ‘‘, nor shall such loan be made in any State which now has or may hereafter have a State reg- ulatory body having authority to regulate telephone service and to require certificates of convenience and necessity to the applicant unless such certificate from