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tered. If prior to the filing of such record the Board amends or sets aside its order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, after providing notice to the Board.

(C) Stay or suspension of order

The filing of a petition for review under this paragraph shall not of itself stay or suspend the operation of the order of the Board, but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition.

(D) Action by court

The court may affirm, modify, or set aside the order of the Board. (E) Additional evidence (i) Determination

If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the Board to reopen the hearing for the taking of such evidence, in such manner and on such terms and conditions as the court may consider appropriate.

(ii) Findings

The Board may modify its findings as to the facts, or make new findings, by reason of the additional evidence taken under this subparagraph, and it shall file its modified or new findings and the amendments, if any, of its order, with the records of such additional evidence.

(F) Consideration of objections

The court shall not consider an objection to an order of the Board unless the objection was argued before the Board or, if it were not so argued, unless there were reasonable grounds for failure to do so.

(G) Review

The judgment and decree of the court affirming, modifying, or setting aside any such order of the Board shall be subject only to review by the Supreme Court of the United States on certification or certiorari as provided in section 1254 of title 28. (7) Enforcement of order

If the entity against which or against whom an order is issued under this subsection fails to obey the order, the Board may apply to the United States Court of Appeals for the circuit where the entity has its principal place of business, for the enforcement of the order, and shall file a transcript of the record on which the order complained of was entered. On the filing of the application, the court shall cause notice thereof to be served on the entity. The evidence to be considered, the procedure to be followed, and the jurisdiction of the court shall be the same as is provided in paragraph (6) for applications to set aside or modify orders.

(b) Investigations and examinations (1) Authority

(A) In general

The Board may conduct such investigations as the Board considers necessary to determine whether an eligible entity has engaged in any conduct that constitutes or will constitute a violation of any provision of sections 2007a to 2007e of this title, of any regulation issued under sections 2007a to 2007e of this title, or of any order issued under this section.

(B) Filing of statements

The Board shall permit any individual to file a statement with the Board in writing, under oath, or otherwise as the Board shall determine, as to all the facts and circumstances concerning the matter to be investigated.

(C) Subpoena

For the purpose of any investigation under this subsection, the Board may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States.

(D) Refusal to obey

In case of contumacy by, or refusal to obey a subpoena issued to, any individual, including an entity or corporation, the Board may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such individual resides or carries on business activity, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents, and such court may issue an order requiring such individual to appear before the Board, to produce records, if so ordered, or to give testimony touching the matter under investigation.

(E) Contempt

A failure to obey an order of the court under this subsection shall be punishable by such court as a contempt thereof. All process in any such case may be served in the judicial district where such individual is an inhabitant or wherever such individual may be found.

(2) Examinations and reports

(A) Examinations

An eligible entity under sections 2007a to 2007e of this title shall be subject to examinations made by the Board through examiners selected or approved by the Board, and the cost of such examinations, including the compensation of the examiners, may in the discretion of the Board be assessed against the entity examined and

when so assessed shall be paid by such entity.

(B) Reports

Such entities shall prepare and submit reports to the Board at such times and in such form as the Board may require. (3) Examinations

Each eligible entity shall be examined and audited at least once every 2 years, under procedures established by the Board, to determine whether or not such entity has been operated in a manner consistent with sections 2007a to 2007e of this title and in an otherwise lawful manner, except that the Board may defer the examination for not more than 1 year if, in its discretion, the Board determines that such a deferral would be appropriate based on the prior operating experience of the entity, the contents and results of the last examination of the entity, and the management expertise of the entity.

(c) Injunctions or other orders

(1) Grounds and jurisdiction of court

If, in the judgment of the Board, an eligible entity has engaged or is about to engage in conduct that constitutes or will constitute a violation of any provision of sections 2007a to 2007e of this title, of any regulation under sections 2007a to 2007e of this title, or of any order issued under this section, the Board may apply to the proper district court of the United States or a United States court located in any jurisdiction subject to the laws of the United States, for an order enjoining such conduct or enforcing compliance with such provision, rule, regulation, or order. Such court shall have jurisdiction over such conduct and, on a showing by the Board that such entity has engaged in or is about to engage in such conduct, may issue a permanent or temporary injunction, restraining order, or other order without bond.

(2) Equity jurisdiction of corporation and assets

In any proceeding under this section, the court as a court of equity may, to such extent as it considers necessary, declare that such court has exclusive jurisdiction over the entity and the assets thereof, wherever located. Such court shall have jurisdiction in any such proceeding to appoint a trustee or receiver to hold or administer under the direction of the court the assets so possessed. (3) Trusteeship or receivership

The Board shall have authority to act as trustee or receiver of an entity under this section. On request by the Board, the court may appoint the Board to act in such capacity unless the court determines such appointment to be inequitable or otherwise inappropriate because of the special circumstances involved.

(d) Unlawful acts and omissions by officers, directors, employees, or agents

(1) Violation of sections 2007a to 2007e of this title It shall be unlawful for any eligible entity to violate any provision of sections 2007a to

2007e of this title or any regulation issued under sections 2007a to 2007e of this title, or for any individual, directly or indirectly, to authorize, order, or participate in, or cause, bring about, counsel, aid, or abet conduct that constitutes or will constitute, in whole or in part, such a violation.

(2) Breach of fiduciary duty

It shall be unlawful for any officer, director, employee, agent, or other participant in the management or conduct of the affairs of an eligible entity to breach the fiduciary duty of such individual or such officer, director, employee, agent, or participant, if, as a result thereof, the entity has suffered or is in imminent danger of suffering financial loss or other damage.

(3) Disqualification of officers and employees

Except on the written consent of the Board, it shall be unlawful for any individual to take or continue to hold office as an officer, director, or employee of an eligible entity, or become or continue to be an agent or participate in the conduct of the affairs or management of an eligible entity if such individual has been

(A) convicted of a felony, or of any other criminal offense involving dishonesty or breach of trust; or

(B) found civilly liable in damages, or has been permanently or temporarily enjoined by an order, judgment, or decree of a court of competent jurisdiction, by reason of any conduct involving fraud or breach of trust. (e) Penalties and forfeitures

(1) In general

Except as provided in paragraph (2), an eligible entity that violates any regulation or written directive issued by the Board requiring the filing of any regular or special report under sections 2007a to 2007e of this title, shall forfeit and pay to the United States a civil penalty of not more than $100 for each and every day of the continuance of the corporation's failure to file such report, unless the entity demonstrates that such failure is due to reasonable cause and not due to willful neglect. The civil penalties provided for in this subsection shall accrue to the United States and may be recovered in a civil action brought by the Board.

(2) Exemption

At any time before a failure under paragraph (1), and after notice and opportunity for hearing, the Board may through rules and regulations, or on application of an interested party, by order, exempt in whole or in part, any entity from the provisions of paragraph (1), on such terms and conditions and for such period of time as the Board determines necessary and appropriate, if the Board finds that such action is not inconsistent with the public interest or the protection of the Board. The Board may for purposes of this subsection impose any alternative requirements appropriate to the situation.

(f) Jurisdiction and service of process

Any suit or action brought under this section by the Board to enforce any liability or duty created by, or to enjoin any violation of, sections 2007a to 2007e of this title, or any rule, regulation, or order promulgated thereunder, shall be brought in the district in which the eligible entity maintains its principal office, and process in such cases may be served in any district in which the defendant maintains its principal office or transacts business, or wherever the defendant may be found.

(g) Substitution of Secretary

On the termination of the Board, the Secretary shall stand in place of the Board and shall possess all the powers, privileges, and rights regarding compliance and enforcement described in this section and in section 2007d of this title.

(h) Revocation, suspension, or termination

If the approval of any eligible entity to participate in this program is revoked, suspended, or terminated, or if the activities of the eligible entity otherwise end, the Board, or the Secretary, upon the termination of the Board, shall

(1) possess all the rights and privileges of such eligible entity;

(2) succeed to the assets of such eligible entity to the extent necessary to obtain a refund of any amounts due to the Board or the Secretary;

(3) be entitled to receive any payments due to such eligible entity from any local businesses on any outstanding loans; and (4) take over any equity investment held by such eligible entity.

(Pub. L. 101-624, title XXIII, § 2315, Nov. 28, 1990, 104 Stat. 3994; Pub. L. 102-237, title VII, § 702(e), Dec. 13, 1991, 105 Stat. 1880.)

CODIFICATION

Section was enacted as part of the Rural Economic Development Act of 1990, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Consolidated Farm and Rural Development Act which comprises this chapter.

AMENDMENTS

1991-Subsec. (d)(2). Pub. L. 102-237 struck out "engage in conduct, in" after "eligible entity to".

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-237 effective as if included in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub. L. 101-624, to which the amendment relates, see section 1101(b)(7) of Pub. L. 102-237, set out as a note under section 1421 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1991, see section 2007(d) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2007, 2007a, 2007b, 2007c, 2007d of this title.

§ 2008. System for delivery of certain rural development programs

(a) In general

(1) Assistance in eligible States

Assistance under each designated rural development program shall be provided in eligible States to qualified projects in accordance with this section.

(2) No assistance in other States

The Secretary shall not provide assistance under any designated rural development program in any State that is not an eligible State.

(b) Definitions

As used in this section and section 2008a of this title:

(1) Area plan

The term "area plan” means, with respect to a local or regional area in a State, the longrange rural development plan developed for the area. Each area plan shall identify the geographical boundaries of the area and include

(A) an overall development plan for the area with goals, including business development and infrastructure development goals, and time lines based on a realistic assessment of the area, including, but not limited to

(i) the number and types of businesses in the area that are growing or declining, and a list of the types of businesses that the area could potentially support;

(ii) the outstanding need for water and waste and other public services or facilities in the area;

(iii) the realistic possibilities for industrial recruitment in the area;

(iv) the potential for the development of tourism in the area;

(v) the potential for the generation of employment in the area through the creation of small businesses and the expansion of existing businesses; and

(vi) the potential for the production of value-added agricultural products in the

area;

(B) an inventory and assessment of the human resources of the area, including, but not limited to

(i) a current list of organizations in the area and their special interests;

(ii) the current level of participation of area residents in rural development activities and the level of participation required for successful implementation of the plan;

(iii) the availability of general and specialized job training in the area and the extent to which the needs of the area for such training are not being met;

(iv) a list of area residents with special skills which could be useful in developing and implementing the plan; and

(v) an analysis of the human needs of the area, the resources in the area available to meet those needs, and the manner

in which the plan, if implemented, would increase the resources available to meet those needs;

(C) the current degree of intergovernmental cooperation in the area and the degree of such cooperation needed for the successful implementation of the plan;

(D) the ability and willingness of governments and citizens in the area to become involved in developing and implementing the plan;

(E) a description of how the governments in the area will apply budget and fiscal control processes to the plan; and

(F) the extent to which public services and facilities need to be improved to achieve the economic development and quality of life goals of the plan, taking into consideration, at a minimum

(i) law enforcement; (ii) fire protection;

(iii) water and solid waste management; (iv) education;

(v) health care;

(vi) transportation;

(vii) housing;

(viii) communications; and

(ix) the availability of, and capability to generate, electric power.

(2) Designated rural development program

The term "designated rural development program" means a program carried out under section 1924(b), 1926(a), or subsections (a) through (f) and (h) of section 1932 of this title, or under section 1323 of the Food Security Act of 1985, for which funds are available at any time during the fiscal year under such section.

(3) Eligible State

(A) Requirements

The term "eligible State" means, with respect to a fiscal year, a State to which this section is made applicable under section 2007(b)(2) of this title, and with respect to which all of the following apply not later than the first day of the fiscal year:

(i) Established rural economic development review panel

The State has established an advisory rural economic development review panel that meets the requirements of section 2008a of this title.

(ii) Appointed State coordinator

The Governor of the State has appointed an officer or employee of the State government to

(I) manage, operate, and carry out the instructions of, the panel described in clause (i);

(II) serve as a liaison between the panel and the Federal and State agencies involved in rural development, including transmitting to the Secretary any list transmitted to the State coordinator pursuant to section 2008a(b)(6) of this title;

(III) ensure that all rural residents in the State are informed about the

manner in which assistance under designated rural development programs is to be provided to the State pursuant to this section and section 2008a of this title;

(IV) provide information to State residents, on request, about the manner in which assistance under designated rural development programs is to be provided to the State pursuant to this section and section 2008a of this title; and

(V) coordinate the efforts of interested rural residents with the State rural economic development review panel.

(iii) Designated agency to provide administrative support to panel

The State has designated an agency to provide the panel and the State coordinator with support for the daily operation of the panel described in clause (i).

(B) Good faith exception

Notwithstanding the requirements of subparagraph (A), the Secretary of Agriculture may determine, no later than the first day of the fiscal year, a State to be an eligible State under this paragraph for the fiscal year if the Secretary determines that the State has made a good faith effort to meet, and has substantially met, such requirements.

(4) Qualified project

The term "qualified project" means any project

(A) for which the agency described in paragraph (3)(A)(iii) of the State has identified

(i) the alternative Federal, State, local, or private sources of assistance; and

(ii) the related activities in the State; and

(B) to which the Secretary is required by subsection (c)(4) of this section to provide assistance.

(5) State coordinator

The term "State coordinator" means the individual appointed by the Governor of the State to carry out the activities described in paragraph (3)(A)(ii).

(6) State rural economic development review panel The term "State rural economic development review panel” or “panel” means an advisory panel that meets the requirements of section 2008a of this title.

(c) Duties of Secretary

The Secretary shall, with respect to each eligible State

(1) review the list, if any, transmitted pursuant to subsection 2008a(b)(6) of this title by any State coordinator;

(2) determine whether each project described in an application in the list meets the requirements of the rural development program under which the application seeks assistance;

(3) remove from the list any application for a project that does not meet the requirements;

(4) provide assistance, subject to available funds, to the projects in the applications remaining in the list after the list has (if necessary) been modified pursuant to paragraph (3), giving consideration to the order in which the applications for such projects are ranked by the respective State panel, and, if assistance is provided to any project without providing assistance to all projects ranked higher in priority by the panel than such project, report to the panel, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate within ten days of determining to fund such lower ranked project on the reasons for that determination;

(5) within thirty days after the date of the enactment of any Act providing appropriations for any designated rural development program for any fiscal year, notify each State of the amounts to be made available to such State under such program for such fiscal year, and the aggregate for such fiscal year of such amounts under all the designated rural development programs;

(6) pay per diem or otherwise reimburse each full-time officer or employee of the United States who is a member of a State rural economic development review panel for expenses incurred each day (including travel time) during which the officer or employee is engaged in the actual performance of a duty of the panel;

(7) from amounts appropriated for grants under any provision of section 1926(a) of this title, make grants not to exceed $100,000 annually to each eligible State for the administrative costs associated with the State rural economic development review panel meeting the requirements of section 2008a of this title; and

(8) appoint a member to the State rural economic development review panel as provided under section 2008a(c)(1)(P) of this title. (d) Official information

The Secretary may appoint as nonvoting members, temporarily and for specific purposes, personnel from any department or agency of the United States, with the consent of the head of such department or agency, with expertise not available among the members of any State rural economic development review panel as may be necessary to enable the panel to perform a duty described in section 2008a(b) of this title.

(e) Allocation of appropriated funds

(1) Initial allocation

The Secretary shall allocate the sums appropriated for direct loans, loan guarantees, or grants for any designated rural development program made available to any eligible State under such program for any fiscal year to the projects specified in subsection (c)(4) of this section giving great weight to the order in which the applications for such projects are ranked on the list specified in subsection (c)(1) of this section.

(2) Equitable reallocation of unobligated funds

Notwithstanding paragraph (1), the Secretary shall, on July 15 of each year, and from time to time thereafter during the fiscal year as the Secretary determines appropriate, pool from among the eligible States any unobligated funds appropriated for direct loans, loan guarantees, or grants for each designated rural development program and reallocate such funds among the eligible States according to need, as determined by the Secretary. (f) Inapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act shall not apply to any State rural economic development review panel.

(g) No liability of members of State rural economic development review panels

The members of a State rural economic development review panel shall not be liable to any person with respect to any determination made by the panel.

(h) Eligibility for water and waste facility loans (1) Rural electrification program borrowers

Notwithstanding any other provision of law, a borrower under title III of the Rural Electrification Act of 1936 [7 U.S.C. 930 et seq.] shall be eligible to receive loans and grants under section 1926 of this title on an equal basis with any other applicant for such assistance, and the terms and conditions, rules, criteria and other provisions of section 1926 of this title shall apply to such a borrower. In the case of applications from such a borrower, the Administrator of the Rural Electrification Administration shall provide technical assistance with respect to water and waste facilities and loans and grants for such facilities.

(2) Prohibition on restricting water and waste facility services to electric customers

The Secretary shall establish rules and procedures that prohibit borrowers under title III of the Rural Electrification Act of 1936 [7 U.S.C. 930 et seq.] from conditioning or limiting access to, or the use of, water and waste facility services financed under this chapter if such conditioning or limiting is based on whether individuals or entities in the area served or proposed to be served by such facility receive, or will accept, electric service from such borrower.

(Pub. L. 87-128, title III, § 365, as added Pub. L. 101-624, title XXIII, § 2316(a), Nov. 28, 1990, 104 Stat. 4000; amended Pub. L. 102-237, title VII, § 701(e), Dec. 13, 1991, 105 Stat. 1879.)

REFERENCES IN TEXT

Section 1323 of the Food Security Act of 1985 [Pub. L. 99-1981, referred to in subsec. (b)(2), is set out as a note under section 1932 of this title.

The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

The Rural Electrification Act of 1936, referred to in subsec. (h), is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended. Title III of the Act is classified generally to subchapter III (§ 930 et seq.) of chapter 31 of this

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