[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1926a]
TITLE 7--AGRICULTURE
CHAPTER 50--AGRICULTURAL CREDIT
SUBCHAPTER I--REAL ESTATE LOANS
Sec. 1926a. Emergency and imminent community water assistance
grant program
(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.
(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.)
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.
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
