---
kind: "section"
citation: "7 U.S.C. § 2009aa–5"
title: "7"
title_heading: "Agriculture"
number: "2009aa–5"
heading: "Distressed counties and areas and nondistressed counties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2009aa-5"
units:
  - "Chapter 50 — Agricultural Credit"
  - "Subchapter VI — Delta Regional Authority"
---

# §2009aa–5. Distressed counties and areas and nondistressed counties

- (a) **Designations—** Not later than 90 days after December 21, 2000, and annually thereafter, the [Authority](/usc/7/2009aa.md?p=1), in accordance with such criteria as the [Authority](/usc/7/2009aa.md?p=1) may establish, shall designate—
  - (1) as distressed counties, counties in the [region](/usc/7/2009aa.md?p=2) that are the most severely and persistently distressed and underdeveloped and have high rates of poverty or unemployment;
  - (2) as nondistressed counties, counties in the [region](/usc/7/2009aa.md?p=2) that are not designated as distressed counties under [paragraph (1)](#a-1); and
  - (3) as isolated areas of distress, areas located in nondistressed counties (as designated under [paragraph (2)](#a-2)) that have high rates of poverty or unemployment.
- (b) **Distressed counties—**
  - (1) **In general—** The [Authority](/usc/7/2009aa.md?p=1) shall allocate at least 75 percent of the appropriations made available under [section 2009aa–12 of this title](/usc/7/2009aa–12.md) for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the [region](/usc/7/2009aa.md?p=2).
  - (2) **Funding limitations—** The funding limitations under [section 2009aa–3(b) of this title](/usc/7/2009aa–3.md?p=b) shall not apply to a project providing transportation or basic public services to residents of one or more distressed counties or isolated areas of distress in the [region](/usc/7/2009aa.md?p=2).
- (c) **Nondistressed counties—**
  - (1) **In general—** Except as provided in this subsection, no funds shall be provided under this subchapter for a project located in a county designated as a nondistressed county under [subsection (a)(2)](#a-2).
  - (2) **Exceptions—**
    - (A) **In general—** The funding prohibition under [paragraph (1)](#c-1) shall not apply to grants to fund the administrative expenses of local development districts under [section 2009aa–4(b) of this title](/usc/7/2009aa–4.md?p=b).
    - (B) **Multicounty projects—** The [Authority](/usc/7/2009aa.md?p=1) may waive the application of the funding prohibition under [paragraph (1)](#c-1) to—
      - (i) a multicounty project that includes participation by a nondistressed county; or
      - (ii) any other type of project;

      if the [Authority](/usc/7/2009aa.md?p=1) determines that the project could bring significant benefits to areas of the [region](/usc/7/2009aa.md?p=2) outside a nondistressed county.

    - (C) **Isolated areas of distress—** For a designation of an isolated area of distress for assistance to be effective, the designation shall be supported—
      - (i) by the most recent Federal data available; or
      - (ii) if no recent Federal data are available, by the most recent data available through the government of the [State](/usc/7/2009.md?p=1) in which the isolated area of distress is located.
- (d) **Transportation and basic public infrastructure—** The [Authority](/usc/7/2009aa.md?p=1) shall allocate at least 50 percent of any funds made available under [section 2009aa–12 of this title](/usc/7/2009aa–12.md) for transportation and basic public infrastructure projects authorized under paragraphs (1) and (3) of [section 2009aa–2(a) of this title](/usc/7/2009aa–2.md?p=a).

## Source credit

(Pub. L. 87–128, title III, § 382F, as added Pub. L. 106–554, § 1(a)(4) [div. B, title V, § 503], Dec. 21, 2000, 114 Stat. 2763, 2763A–277.)