7 U.S.C. § 1926a — Emergency and imminent community

Page 1073 TITLE 7—AGRICULTURE § 1926a LEASE OF CERTAIN ACQUIRED PROPERTY Pub. L. 100–233, title VI, § 620, Jan. 6, 1988, 101 Stat. 1684, provided that: ‘‘Notwithstanding any other provi- sion of law, the Secretary of Agriculture may lease to public or private nonprofit organizations, for a nominal rent, any facilities acquired in connection with the dis- position of a loan made by the Secretary under section 306 [7 U.S.C. 1926]. Any such lease shall be for such rea- sonable period of time as the Secretary determines is appropriate.’’ § 1926–1. Repealed. Pub. L. 104–127, title VII, § 702, Apr. 4, 1996, 110 Stat. 1108 Section, Pub. L. 101–624, title XXIII, § 2322, Nov. 28, 1990, 104 Stat. 4010; Pub. L. 102–237, title VII, § 702(f), Dec. 13, 1991, 105 Stat. 1880; Pub. L. 103–354, title II, § 235(b)(6), Oct. 13, 1994, 108 Stat. 3222, related to water and waste facility financing, including provisions relat- ing to authority, limitation, priority, coordination, terms, private sector capital, appropriations, repay- ment, full use, and replenishment of water and waste facility fund. § 1926a. Emergency and imminent community water assistance grant program (a) In general The Secretary shall provide grants in accord- ance 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 commu- nities, or when such a decline is imminent; or (2) when repairs, partial replacement, or sig- nificant maintenance efforts on established water systems would remedy— (A) an acute, or imminent, shortage of quality water; or (B) a significant decline, or imminent de- cline, in the quantity or quality of water that is available. (b) Priority In carrying out subsection (a), the Secretary shall— (1) give priority to projects described in sub- section (a)(1), particularly to projects to ad- dress contamination that— (A) poses a threat to human health or the environment; and (B) was caused by circumstances beyond the control of the applicant for a grant, in- cluding circumstances that occurred over a period of time; 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 sec- tion, an applicant shall— (1) be a public or private nonprofit entity; and (2) in the case of a grant made under sub- section (a)(1), 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 asso- ciated 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 commu- nities through other means, other than those covered above for not to exceed 120 days when a more permanent solution is not feasible in a shorter time frame. Where drinking water supplies are inadequate due to an event, as determined by the Secretary, including drought, severe weather, or con- tamination, the Secretary may provide pota- ble water for an additional period of time not to exceed an additional 120 days in order to protect public health. (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). Such restrictions should be considered in the aggre- gate, 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 inhab- itants according to the most recent decen- nial census of the United States; or (B) has a median household income in ex- cess of the State nonmetropolitan median household income. (2) Set-aside for smaller communities Not less than 50 percent of the funds allo- cated 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 ex- ceed— (1) in the case of each grant made under sub- section (a)(1), $1,000,000; and (2) in the case of each grant made under sub- section (a)(2), $150,000. (g) Full funding Subject to subsection (e), 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 Page 1074 TITLE 7—AGRICULTURE § 1926a grants under this section. The process shall in- clude criteria for evaluating applications, in- cluding 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 per- mit expedited consideration of an applica- tion 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 ex- tent practicable, review and act on an appli- cation 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 5 per- cent and not more than 7 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 (i) In general Funds reserved under subparagraph (A) for a fiscal year shall be reserved only until July 1 of the fiscal year. (ii) Exception Notwithstanding clause (i), in response to an eligible community where the drink- ing water supplies are inadequate, as de- termined by the Secretary, due to an event, including drought, severe weather, or contamination, the Secretary may use funds described in subparagraph (A) from July 1 through September 30 each fiscal year to provide potable water under this section in order to protect public health. (2) Authorization of appropriations In addition to funds made available under paragraph (1), there is authorized to be appro- priated to carry out this section $50,000,000 for each of fiscal years 2019 through 2023. (Pub. L. 87–128, title III, § 306A, as added Pub. L. 101–82, title V, § 501(a), Aug. 14, 1989, 103 Stat. 584; amended Pub. L. 104–127, title VII, § 742, Apr. 4, 1996, 110 Stat. 1124; Pub. L. 107–171, title VI, § 6009, May 13, 2002, 116 Stat. 356; Pub. L. 110–234, title VI, § 6008, May 22, 2008, 122 Stat. 1163; Pub. L. 110–246, § 4(a), title VI, § 6008, June 18, 2008, 122 Stat. 1664, 1924; Pub. L. 113–79, title VI, § 6007, Feb. 7, 2014, 128 Stat. 843; Pub. L. 115–334, title VI, § 6407(a), Dec. 20, 2018, 132 Stat. 4759.) Editorial Notes 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, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. 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, § 2(a), 88 Stat. 1660, which is clas- sified generally to subchapter XII (§ 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. This chapter, referred to in subsec. (h)(2)(B), was in the original ‘‘this title’’, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consoli- dated Farm and Rural Development Act, which is clas- sified principally to this chapter. For complete classi- fication of title III to the Code, see Short Title note set out under section 1921 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–334, § 6407(a)(1), sub- stituted ‘‘, particularly to projects to address contami- nation that—’’ for ‘‘; and’’ and added subpars. (A) and (B). Subsec. (d)(1)(D). Pub. L. 115–334, § 6407(a)(2), inserted before period at end ‘‘, other than those covered above for not to exceed 120 days when a more permanent solu- tion is not feasible in a shorter time frame. Where drinking water supplies are inadequate due to an event, as determined by the Secretary, including drought, se- vere weather, or contamination, the Secretary may provide potable water for an additional period of time not to exceed an additional 120 days in order to protect public health’’. Subsec. (e)(1)(B). Pub. L. 115–334, § 6407(a)(3), struck out ‘‘according to the most recent decennial census of the United States’’ before period at end. Subsec. (f)(1). Pub. L. 115–334, § 6407(a)(4), substituted ‘‘$1,000,000’’ for ‘‘$500,000’’. Subsec. (i)(1)(A). Pub. L. 115–334, § 6407(a)(5)(A)(i), sub- stituted ‘‘5 percent and not more than 7’’ for ‘‘3 nor more than 5’’. Subsec. (i)(1)(B). Pub. L. 115–334, § 6407(a)(5)(A)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: ‘‘Funds re- served under subparagraph (A) for a fiscal year shall be reserved only until July 1 of the fiscal year.’’ Subsec. (i)(2). Pub. L. 115–334, § 6407(a)(5)(B), sub- stituted ‘‘$50,000,000 for each of fiscal years 2019 through 2023’’ for ‘‘$35,000,000 for each of fiscal years 2008 through 2018’’. 2014—Subsec. (i)(2). Pub. L. 113–79 substituted ‘‘2018’’ for ‘‘2012’’. 2008—Subsec. (i)(2). Pub. L. 110–246, § 6008, substituted ‘‘2008 through 2012’’ for ‘‘2003 through 2007’’. 2002—Pub. L. 107–171, § 6009(1), inserted ‘‘and immi- nent’’ before ‘‘community water assistance’’ in section catchline. Subsec. (a)(1). Pub. L. 107–171, § 6009(2)(A), inserted ‘‘, or when such a decline is imminent’’ before semi- colon at end. Subsec. (a)(2)(A). Pub. L. 107–171, § 6009(2)(B)(i), sub- stituted ‘‘acute, or imminent,’’ for ‘‘acute’’. Subsec. (a)(2)(B). Pub. L. 107–171, § 6009(2)(B)(ii), sub- stituted ‘‘decline, or imminent decline,’’ for ‘‘decline’’. Page 1075 TITLE 7—AGRICULTURE § 1926c Subsec. (c)(2). Pub. L. 107–171, § 6009(3), substituted ‘‘occurred, or will occur,’’ for ‘‘occurred’’. Subsec. (d)(1). Pub. L. 107–171, § 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 mainte- nance, digging of new wells, equipment replacement, hook and tap fees, and any other appropriate purpose associated with developing sources of, or treating, stor- ing, 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, § 6009(5), substituted ‘‘$150,000’’ for ‘‘$75,000’’. Subsec. (h)(1). Pub. L. 107–171, § 6009(6)(A), substituted ‘‘decline, or imminent decline,’’ for ‘‘decline’’ in second sentence. Subsec. (h)(2). Pub. L. 107–171, § 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, § 6009(7), added subsec. (i) and struck out heading and text of former subsec. (i). Text read as follows: ‘‘There are authorized to be ap- propriated 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, § 742(1)(A), sub- stituted ‘‘10,000’’ for ‘‘15,000’’. Subsec. (e)(2). Pub. L. 104–127, § 742(1)(B), substituted ‘‘3,000’’ for ‘‘5,000’’. Subsec. (i). Pub. L. 104–127, § 742(2), added subsec. (i) and struck out heading and text of former subsec. (i). Text read as follows: ‘‘There are authorized to be ap- propriated 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. IMPLEMENTATION Pub. L. 101–82, title V, § 501(b), Aug. 14, 1989, 103 Stat. 585, 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 Develop- ment 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 en- actment 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 Develop- ment 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 para- graph (1)(B) for grants under section 306A(a)(1) of the Consolidated Farm and Rural Development Act.’’ § 1926b. Repealed. Pub. L. 104–127, title VII, § 743, Apr. 4, 1996, 110 Stat. 1125 Section, Pub. L. 87–128, title III, § 306B, as added Pub. L. 101–624, title XXIII, § 2326(a), Nov. 28, 1990, 104 Stat. 4014, related to emergency community water assistance grant program, including general provisions and provi- sions relating to priority, eligibility, uses, restrictions, maximum grants, full funding, application, and limita- tions on authorization of appropriations. § 1926c. Water and waste facility loans and grants to alleviate health risks (a) Loans and grants to persons other than indi- viduals (1) In general The Secretary shall make or insure loans and make grants to rural water supply cor- porations, cooperatives, or similar entities, In- dian tribes on Federal and State reservations and other federally recognized Indian tribes, and public agencies, to provide for the con- servation, development, use, and control of water (including the extension or improve- ment of existing water supply systems), and the installation or improvement of drainage or waste disposal facilities and essential commu- nity facilities including necessary related equipment. Such loans and grants shall be available only to provide such water and waste facilities and services to communities whose residents face significant health risks, as de- termined by the Secretary, due to the fact that a significant proportion of the commu- nity’s residents do not have access to, or are not served by, adequate affordable— (A) water supply systems; or (B) waste disposal facilities. (2) Certain areas targeted (A) In general Loans and grants under paragraph (1) 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— (i) the per capita income of the residents of which is not more than 70 percent of the national average per capita income, as de- termined by the Department of Commerce; and (ii) the unemployment rate of the resi- dents of which is not less than 125 percent of the national average unemployment rate, as determined by the Bureau of Labor Statistics. (B) Exception Notwithstanding subparagraph (A), loans and grants under paragraph (1) 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. (b) Loans and grants to individuals (1) In general The Secretary shall make or insure loans and make grants to individuals who reside in a community described in subsection (a)(1) for the purpose of extending water supply and waste disposal systems, connecting the sys- tems 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 sys- tems. Such loans shall be at a rate of interest