§2009. Definitions — Inbound Citations
7 U.S.C. § 2009
Cited by 176 provisions in release 119-102.
Citations to 7 U.S.C. § 2009 as a whole
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(1) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 3751 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).
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(ii) that is located in a rural area (as defined in section 20092 of this title);
Citations to §2009(1)
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(ii) shall be elected by the State members for a term of not less than 1 year.
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(A) a resident of that State; and
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(B) appointed by the Governor of the State.
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(1) A decision by the Authority shall require the affirmative vote of the Federal cochairperson and a majority of the State members (not including any member representing a State that is delinquent under subsection (g)(2)(C)) to be effective.
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(B) approval of a State or regional development plan; and
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(C) any allocation of funds among the States.
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(4) An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State representative for which the alternate member is an alternate.
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(5) work with State and local agencies in developing appropriate model legislation;
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(A) making arrangements or entering into contracts with any participating State government; or
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(1) Except as provided under paragraph (2), no State member, alternate, officer, or employee of the Authority shall participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee—(A) the member, alternate, officer, or employee;(B) the spouse, minor child, partner, or organization (other than a State or political subdivision of the State) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or(C) any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment;has a financial interest.
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(2) Paragraph (1) shall not apply if the State member, alternate, officer, or employee—(A) immediately advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest;(B) makes full disclosure of the financial interest; and(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, alternate, officer, or employee.
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(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, alternate, officer, or employee.
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(a) The Authority may approve grants to States, Indian Tribes, and public and nonprofit entities for projects, approved in accordance with section 2009aa–8 of this title—(1) to develop the transportation infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may only be made to a State, Tribal, or local government);(2) to assist the region in obtaining the job training, employment-related education, and business development (with an emphasis on entrepreneurship) that are needed to build and maintain strong local economies;(3) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services;(4) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities; and(5) to otherwise achieve the purposes of this subchapter.
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(2) To best build the foundations for long-term economic development and to complement other Federal and State resources in the region, Federal funds available under this subchapter shall be focused on the activities in the following order or priority:(A) Basic public infrastructure in distressed counties and isolated areas of distress.(B) Transportation infrastructure for the purpose of facilitating economic development in the region.(C) Business development, with emphasis on entrepreneurship.(D) Job training or employment-related education, with emphasis on use of existing public educational institutions located in the region.
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(a) Congress finds that certain States and local communities of the region, including local development districts, may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because—(1) the States or communities lack the economic resources to provide the required matching share; or(2) there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region.
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(1) the States or communities lack the economic resources to provide the required matching share; or
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(I) by the Governor of each State in which the entity is located; or
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(I) a nonprofit incorporated body organized or chartered under the law of the State in which the entity is located;
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(II) a nonprofit agency or instrumentality of a State or local government;
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(III) a public organization established before December 21, 2000, under State law for creation of multi-jurisdictional, area-wide planning organizations; or
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(B) No grant described in paragraph (1) shall be awarded to a State agency certified as a local development district for a period greater than 3 years.
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(2) serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institutions), the business community, and citizens that—(A) are involved in multijurisdictional planning;(B) provide technical assistance to local jurisdictions and potential grantees; and(C) provide leadership and civic development assistance.
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(ii) if no recent Federal data are available, by the most recent data available through the government of the State in which the isolated area of distress is located.
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(b) A State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 2009aa–1(d)(2) of this title.
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(c) In carrying out the development planning process (including the selection of programs and projects for assistance), a State may—(1) consult with—(A) local development districts; and(B) local units of government; and(2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1).
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(c) Funds may be provided for a program or project in a State under this subchapter only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this subchapter, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this subchapter.
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(c) An application for a grant or other assistance for a project shall be approved only on certification by the State member that the application for the project—(1) describes ways in which the project complies with any applicable State development plan;(2) meets applicable criteria under section 2009aa–7 of this title;(3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and(4) otherwise meets the requirements of this subchapter.
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(1) describes ways in which the project complies with any applicable State development plan;
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(d) On certification by a State member of the Authority of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Authority under section 2009aa–1(c) of this title shall be required for approval of the application.
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(1) promote strategic development activities and collaborative efforts by State and local communities, and federally recognized Indian tribes, to maximize the impact of Federal assistance;
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(ii) shall be elected by the State members for a term of not less than 1 year; and
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(i) a resident of that State; and
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(ii) appointed by the Governor of the State.
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(1) A decision by the Authority shall require a majority vote of the Authority (not including any member representing a State that is delinquent under subsection (g)(2)(D)) to be effective.
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(B) approval of a State or regional development plan; and
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(C) any allocation of funds among the States.
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(4) An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal, State, or Indian tribe member for whom the alternate member is an alternate.
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(1) develop, on a continuing basis, comprehensive and coordinated plans and programs for multistate cooperation to advance the economic and social well-being of the region and to approve grants for the economic development of the region, giving due consideration to other Federal, State, tribal, and local planning and development activities in the region;
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(3) assess the needs and assets of the region based on available research, demonstrations, investigations, assessments, and evaluations of the region prepared by Federal, State, tribal, and local agencies, universities, regional and local development districts or organizations, regional boards established under subchapter IX, and other nonprofit groups;
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(4) formulate and recommend to the Governors and legislatures of States that participate in the Authority forms of interstate cooperation for—(i) renewable energy development and transmission;(ii) transportation planning and economic development;(iii) information technology;(iv) movement of freight and individuals within the region;(v) federally-funded research at institutions of higher education; and(vi) conservation land management;
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(5) work with State, tribal, and local agencies in developing appropriate model legislation;
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(A) making arrangements or entering into contracts with any participating State government or tribal government; or
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(1) Except as provided under paragraph (2), no State member, Indian tribe member, State alternate, officer, or employee of the Authority shall participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee—(A) the member, alternate, officer, or employee;(B) the spouse, minor child, partner, or organization (other than a State or political subdivision of the State or the Indian tribe) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or(C) any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment;has a financial interest.
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(B) the spouse, minor child, partner, or organization (other than a State or political subdivision of the State or the Indian tribe) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or
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(2) Paragraph (1) shall not apply if the State member, Indian tribe member, alternate, officer, or employee—(A) immediately advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest;(B) makes full disclosure of the financial interest; and(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, Indian tribe member, alternate, officer, or employee.
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(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, Indian tribe member, alternate, officer, or employee.
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(c) Notwithstanding any other provision of this subchapter, for any fiscal year, the aggregate amount of grants received by a State and all persons or entities in the State under this subchapter shall be not less than ⅓ of the product obtained by multiplying—(1) the aggregate amount of grants under this subchapter for the fiscal year; and(2) the ratio that—(A) the population of the State (as determined by the Secretary of Commerce based on the most recent decennial census for which data are available); bears to(B) the population of the region (as so determined).
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(a) The Authority shall provide assistance to States in developing regional plans to address multistate economic issues, including plans—(1) to develop a regional transmission system for movement of renewable energy to markets outside the region;(2) to address regional transportation concerns, including the establishment of a Northern Great Plains Regional Transportation Working Group;(3) to encourage and support interstate collaboration on federally-funded research that is in the national interest; and(4) to establish a Regional Working Group on Agriculture Development and Transportation.
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(a) The Authority may approve grants to States, Indian tribes, local governments, and public and nonprofit organizations for projects, approved in accordance with section 2009bb–8 of this title—(1) to assist the region in obtaining the job training, employment-related education, and business development (with an emphasis on entrepreneurship) that are needed to build and maintain strong local economies;(2) to develop the transportation, renewable energy transmission, and telecommunication infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may be made only to States, Indian tribes, local governments, and nonprofit organizations);(3) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services;(4) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities; and(5) to otherwise achieve the purposes of this subchapter.
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(2) to develop the transportation, renewable energy transmission, and telecommunication infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may be made only to States, Indian tribes, local governments, and nonprofit organizations);
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(2) To best build the foundations for long-term economic development and to complement other Federal, State, and tribal resources in the region, Federal funds available under this subchapter shall be focused on the following activities:(A) Basic public infrastructure in distressed counties and isolated areas of distress.(B) Transportation and telecommunication infrastructure for the purpose of facilitating economic development in the region.(C) Business development, with emphasis on entrepreneurship.(D) Job training or employment-related education, with emphasis on use of existing public educational institutions located in the region.
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(a) Congress finds that certain States and local communities of the region may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because—(1) they lack the economic resources to provide the required matching share; or(2) there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region.
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(ii) a nonprofit incorporated body organized or chartered under the law of the State in which the entity is located;
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(iii) a nonprofit agency or instrumentality of a State or local government;
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(iv) a public organization established before May 13, 2002, under State law for creation of multijurisdictional, area-wide planning organizations;
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(v) a nonprofit agency or instrumentality of a State that was established for the purpose of assisting with multistate cooperation; or
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(d) Northern Great Plains Inc., a nonprofit corporation incorporated in the State of Minnesota to implement the recommendations of the Northern Great Plains Rural Development Commission established by the Northern Great Plains Rural Development Act (7 U.S.C. 2661 note; Public Law 103–318)—(1) shall serve as an independent, primary resource for the Authority on issues of concern to the region;(2) shall advise the Authority on development of international trade;(3) may provide research, education, training, and other support to the Authority; and(4) may carry out other activities on its own behalf or on behalf of other entities.
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(b) A State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 2009bb–1(d)(2) of this title.
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(c) In carrying out the development planning process (including the selection of programs and projects for assistance), a State may—(1) consult with—(A) multistate, regional, and local development districts and organizations; and(B) local units of government; and(2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1).
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(c) Funds may be provided for a program or project in a State under this subchapter only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this subchapter, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this subchapter.
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(c) An application for a grant or other assistance for a project shall be approved only on certification by the State member that the application for the project—(1) describes ways in which the project complies with any applicable State development plan;(2) meets applicable criteria under section 2009bb–7 of this title;(3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and(4) otherwise meets the requirements of this subchapter.
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(1) describes ways in which the project complies with any applicable State development plan;
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(d) On certification by a State member of the Authority of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Authority under section 2009bb–1(c) of this title shall be required for approval of the application.
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(d) A strategic plan of a State or federally recognized Indian tribe under this section shall be a plan that—(1) coordinates economic, human, and community development plans and related activities proposed for an affected area;(2) provides that the State or federally recognized Indian tribe, as appropriate, and an affected community (including local institutions and organizations that have contributed to the planning process) shall act as full partners in the process of developing and implementing the plan;(3) identifies goals, methods, and benchmarks for measuring the success of carrying out the plan and how the plan relates to local or regional ecosystems;(4) in the case of a State, provides for the involvement, in the preparation of the plan, of State, local, private, and public persons, State rural development councils, federally recognized Indian tribes in the State, and community-based organizations;(5) identifies the amount and source of Federal and non-Federal resources that are available for carrying out the plan; and(6) includes such other information as may be required by the Secretary.
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(2) provides that the State or federally recognized Indian tribe, as appropriate, and an affected community (including local institutions and organizations that have contributed to the planning process) shall act as full partners in the process of developing and implementing the plan;
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(iii) any funds obtained directly or indirectly from the Federal Government or any State (including by a political subdivision, agency, or instrumentality of the Federal Government or a State), except for—(I) funds obtained from the business revenues (excluding any governmental appropriation) of any federally chartered or government-sponsored enterprise established prior to May 13, 2002;(II) funds invested by an employee welfare benefit plan or pension plan; and(III) any qualified nonprivate funds (if the investors of the qualified nonprivate funds do not control, directly or indirectly, the management, board of directors, general partners, or members of the rural business investment company).
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(B) funds invested in any applicant or rural business investment company by 1 or more entities of any State (including by a political subdivision, agency, or instrumentality of the State and including any guarantee extended by those entities) in an aggregate amount that does not exceed 33 percent of the private capital of the applicant or rural business investment company.
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(B) a for-profit or nonprofit business controlled by an Indian tribe on a Federal or State reservation or other federally recognized Indian tribal group; or
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(I) if the rural business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the net income (determined without regard to this clause), multiplied by the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and
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(II) the net income (so determined) less any deduction for State (and local) income taxes calculated under subclause (I), multiplied by the marginal Federal income tax rate that would have applied if the rural business concern were a corporation; or
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(1) be an incorporated body, a limited liability company, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of performing the functions and conducting the activities authorized by this subchapter;
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(f) The Secretary shall allocate the amounts in each account specified in subsection (c) among the States in a fair, reasonable, and appropriate manner that takes into consideration rural population, levels of income, unemployment, and other relevant factors, as determined by the Secretary.
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(g) The Secretary shall make available to each State the total amount allocated for the State under subsection (f) that remains after applying section 2009f of this title.
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(a) Subject to subsection (b) of this section, the State Director1 of any State may, during any fiscal year, transfer from each account specified in section 2009d(c) of this title a total of not more than 25 percent of the amount in the account that is allocated for the State for the fiscal year to any other account in which amounts are allocated for the State for the fiscal year.
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(1) The Secretary shall make a grant to any eligible State for any fiscal year for which the State requests a grant under this section in an amount equal to 5 percent of the total amount allocated for the State under section 2009d(f) of this title.
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(2) Before July 15 of each fiscal year, the Secretary may make a grant to any State to defray the cost of any subsidy associated with a guarantee provided by an eligible public entity of the State under section 2009g of this title in an amount that does not exceed 5 percent of the total amount allocated for the State under section 2009d(f) of this title.
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(1) Subject to paragraph (2), the Secretary shall make a grant to any eligible State for any fiscal year for which the State requests a grant under this section in an amount equal to 5 percent of the amount allocated for the State for the fiscal year under section 2009d(g) of this title.
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(2) A State shall be eligible for a grant under paragraph (1) if the State makes commitments to the Secretary to—(A) expend from non-Federal sources in accordance with subsection (c) an amount that is not less than 200 percent of the amount of the grant; and(B) maintain the amounts paid to the State under this subsection and the amount referred to in subparagraph (A) in an account separate from all other State funds until expended in accordance with subsection (c).
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(B) maintain the amounts paid to the State under this subsection and the amount referred to in subparagraph (A) in an account separate from all other State funds until expended in accordance with subsection (c).
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(3) If the Secretary makes a grant under paragraph (1) before July 15 of the fiscal year, the grant shall be made from amounts allocated for the State in the accounts specified in section 2009d(c) of this title for the fiscal year, by reducing each allocated amount by the same percentage.
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(c) A State to which funds are provided under this section shall use the funds in rural areas for any activity authorized under the authorities described in section 2009d(d) of this title in accordance with the State strategic plan referred to in section 2009c of this title.
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(f) Federal funds shall not be used for any administrative costs incurred by a State in carrying out this subchapter.
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(1) Payments to a State from a grant under this section for a fiscal year shall be obligated by the State in the fiscal year or in the succeeding fiscal year. A State shall obligate funds under this section to provide assistance to rural areas.
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(2) If a State fails to obligate payments in accordance with paragraph (1), the Secretary shall make an equal reduction in the amount of payments provided to the State under this section for the immediately succeeding fiscal year.
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(2) limits the right of a State to impose additional limitations or conditions on assistance or a contract or grant under this section.
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(c) The Secretary may not make a guarantee or commitment to guarantee with respect to a note or other obligation if the total amount of outstanding notes or obligations guaranteed under this section (excluding any amount repaid under the contract entered into under subsection (e)(1)(A)) for issuers in the State would exceed an amount equal to 5 times the sum of the total amount of grants made to the State under section 2009f of this title.
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(d) Notwithstanding any other provision of this subchapter, a State to which a grant is made under section 2009f of this title may use the grant (including program income derived from the grant) to pay principal and interest due (including such servicing, underwriting, or other costs as may be specified in regulations of the Secretary) on any note or other obligation guaranteed under this section.
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(2) To assist in ensuring the repayment of notes or other obligations and charges incurred under this section, a State shall pledge any grant for which the State may become eligible under this subchapter as security for notes or other obligations and charges issued under this section by any eligible public entity in the State.
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(a) The Secretary, in collaboration with State, local, public, and private entities, State rural development councils, and community-based organizations, shall prepare an annual report that contains evaluations, assessments, and performance outcomes concerning the rural community advancement programs carried out under this subchapter.
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(1) submit the report required by subsection (a) to Congress and the chief executives of the States participating in the program established under this subchapter; and
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(2) make the report available to State and local participants.
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(1) to the maximum extent practicable, ensure that the State strategic plan referred to in section 2009c of this title is implemented;
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(2) coordinate community development objectives within the State;
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(3) establish links between local, State, and field office program administrators of the Department of Agriculture;
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(4) ensure that recipient communities comply with applicable Federal and State laws and requirements; and
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(5) integrate State development programs with assistance under this subchapter.
Citations to §2009(2)
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(a) Subject to subsection (b) of this section, the State Director1 of any State may, during any fiscal year, transfer from each account specified in section 2009d(c) of this title a total of not more than 25 percent of the amount in the account that is allocated for the State for the fiscal year to any other account in which amounts are allocated for the State for the fiscal year.
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(b) Except as provided in subsection (c) of this section, a transfer otherwise authorized by subsection (a) of this section to be made during a fiscal year may not be made to the extent that the sum of the amount to be transferred and all amounts so transferred by State directors under subsection (a) of this section during the fiscal year exceeds 10 percent of the total amount made available to carry out the authorities described in section 2009d(d) of this title for the fiscal year.
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(c) Subsections (a) and (b) shall not apply to a transfer of funds by a State director if the State director certifies to the Secretary that—(1) there is an approved application for a project in the function category to which the funds are to be transferred but funds are not available for the project in the function category; and(A) there is no such approved application in the function category from which the funds are to be transferred; or(B) the community that would benefit from the project has a smaller population and a lesser per capita income than any community that would benefit from a project in the function category from which the funds are to be transferred.