§ 917. — Prohibition on restricting water and waste facility services to electric customers.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC917]
TITLE 7--AGRICULTURE
CHAPTER 31--RURAL ELECTRIFICATION AND TELEPHONE SERVICE
SUBCHAPTER I--RURAL ELECTRIFICATION
Sec. 917. Prohibition on restricting water and waste facility
services to electric customers
(a) Prohibition
Assistance under any rural development program administered by the
Secretary or any agency of the Department of Agriculture shall not be
conditioned on any requirement that the recipient of the assistance
accept or receive electric service from any particular utility,
supplier, or cooperative.
(b) Ensuring compliance
The Secretary shall establish, by regulation, adequate safeguards to
ensure that assistance under any rural development program is not
subject to such a condition. The safeguards shall include periodic
certifications and audits, and appropriate measures and sanctions
against any person violating, or attempting to violate subsection (a) of
this section.
(c) ``Rural development programs'' defined
In this section, the term ``rural development program'' means the
following:
(1) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 375 [7
U.S.C. 2008j] and subtitle E [7 U.S.C. 2009 et seq.] of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1924(b), 1926,
1926a, 1926c, 1926d, and 1932).
(2) Subtitle G \1\ of title XVI and sections 2281 [42 U.S.C.
5177a], 2333, and 2381 [7 U.S.C. 950aaa-2, 3125b] of the Food,
Agriculture, Conservation, and Trade Act of 1990.
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\1\ See References in Text note below.
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(3) Subtitle C of title IX of the Food, Agriculture,
Conservation, and Trade Act Amendments of 1991 (Public Law 102-237;
7 U.S.C. 5930 note).
(4) Section 1323(b) of the Food Security Act of 1985 (Public Law
99-198; 7 U.S.C. 1932 note).
(5) Title V [7 U.S.C. 2661 et seq.] and section 603(c) [7 U.S.C.
2204a] of the Rural Development Act of 1972.
(6) Sections 905 and 940a \1\ of this title and subchapter IV of
this chapter.
(d) Regulations
Not later than 60 days after April 4, 1996, the Secretary shall
issue final regulations to ensure compliance with subsection (a) of this
section.
(May 20, 1936, ch. 432, title I, Sec. 17, as added Pub. L. 104-127,
title VII, Sec. 778, Apr. 4, 1996, 110 Stat. 1150.)
References in Text
The Consolidated Farm and Rural Development Act, referred to in
subsec. (c)(1), is Pub. L. 87-128, title III, Aug. 8, 1961, 75 Stat.
307, as amended. Subtitle E of the Act is classified generally to
subchapter V (Sec. 2009 et seq.) of chapter 50 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1921 of this title and Tables.
The Food, Agriculture, Conservation, and Trade Act of 1990, referred
to in subsec. (c)(2), is Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3359,
as amended. Subtitle G of title XVI of the Act, known as the Alternative
Agricultural Research and Commercialization Act of 1990, was classified
generally to subchapter VI (Sec. 5901 et seq.) of chapter 88 of this
title prior to repeal by Pub. L. 107-171, title VI, Sec. 6201(a), May
13, 2002, 116 Stat. 418. For complete classification of this Act to the
Code, see Short Title of 1990 Amendments note set out under section 1421
of this title and Tables.
The Rural Development Act of 1972, referred to in subsec. (c)(5), is
Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. Title V of the
Act is classified generally to subchapter II (Sec. 2661 et seq.) of
chapter 59 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1921 of this title and
Tables.
Sections 905 and 940a of this title, referred to in subsec. (c)(6),
were repealed by Pub. L. 104-127, title VII, Secs. 774(a), 780, Apr. 4,
1996, 110 Stat. 1150, 1151.
Prior Provisions
A prior section 917, act May 20, 1936, ch. 432, title I, Sec. 17, as
added Nov. 28, 1990, Pub. L. 101-624, title XXIII, Sec. 2343, 104 Stat.
4027, related to establishment of technical assistance unit to provide
advice and technical assistance to electric and telephone borrowers
under this chapter, prior to repeal by Pub. L. 102-237, title VII,
Sec. 703(b), Dec. 13, 1991, 105 Stat. 1881.
