7 Usc 904

Title 7 - Section 904.htm

RUS Form 444, "Wholesale Power Contracts"

7 USC 904

OMB: 0572-0089

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[CITE: 7USC904]

 
                          TITLE 7--AGRICULTURE
 
         CHAPTER 31--RURAL ELECTRIFICATION AND TELEPHONE SERVICE
 
                   SUBCHAPTER I--RURAL ELECTRIFICATION
 
Sec. 904. Loans by Secretary of Agriculture for electrical 
        plants and transmission lines; preferences; consent of State 
        authorities
        
    The Secretary is authorized and empowered, from the sums 
hereinbefore authorized, to make loans for rural electrification to 
persons, corporations, States, Territories, and subdivisions and 
agencies thereof, municipalities, peoples' utility districts and 
cooperative, nonprofit, or limited-dividend associations, organized 
under the laws of any State or Territory of the United States, for the 
purpose of financing the construction and operation of generating 
plants, electric transmission and distribution lines or systems for the 
furnishing and improving of electric service to persons in rural areas, 
including by assisting electric borrowers to implement demand side 
management, energy conservation programs, and on-grid and off-grid 
renewable energy systems, and loans, from funds available under section 
903 of this title, to cooperative associations and municipalities for 
the purpose of enabling said cooperative associations, and 
municipalities to the extent that such indebtedness was incurred with 
respect to electric transmission and distribution lines or systems or 
portions thereof serving persons in rural areas, to discharge or 
refinance long-term debts owned by them to the Tennessee Valley 
Authority on account of loans made or credit extended under the terms of 
the Tennessee Valley Authority Act of 1933, as amended [16 U.S.C. 831 et 
seq.]: Provided, That the Secretary, in making such loans, shall give 
preference to States, Territories, and subdivisions and agencies 
thereof, municipalities, peoples' utility districts, and cooperative, 
nonprofit, or limited-dividend associations, the projects of which 
comply with the requirements of this chapter. Such loans shall be on 
such terms and conditions relating to the expenditure of the moneys 
loaned and the security therefor as the Secretary shall determine and 
may be made payable in whole or in part out of the income, except that 
no loan for the construction, operation, or enlargement of any 
generating plant shall be made unless the consent of the State authority 
having jurisdiction in the premises is first obtained. Loans under this 
section shall not be made unless the Secretary finds and certifies that 
in his judgment the security therefor is reasonably adequate and such 
loan will be repaid within the time agreed.

(May 20, 1936, ch. 432, title I, Sec. 4, 49 Stat. 1365; Sept. 21, 1944, 
ch. 412, title V, Secs. 502(a), 503, 58 Stat. 739, 740; Dec. 23, 1944, 
ch. 725, 58 Stat. 925; June 29, 1948, ch. 703, 62 Stat. 1070; Oct. 28, 
1949, ch. 776, Secs. 2, 4(e), 63 Stat. 948; June 15, 1955, ch. 139, 
Sec. 2, 69 Stat. 132; Pub. L. 103-129, Sec. 2(c)(2), Nov. 1, 1993, 107 
Stat. 1363; Pub. L. 103-354, title II, Sec. 235(a)(13), Oct. 13, 1994, 
108 Stat. 3221; Pub. L. 104-127, title VII, Sec. 773, Apr. 4, 1996, 110 
Stat. 1149.)

                       References in Text

    The Tennessee Valley Authority Act of 1933, as amended, referred to 
in text, is act May 18, 1933. ch. 32. 48 Stat. 58, as amended, which is 
classified generally to chapter 12A (Sec. 831 et seq.) of Title 16, 
Conservation. For complete classification of this Act to the Code, see 
section 831 of Title 16 and Tables.


                               Amendments

    1996--Pub. L. 104-127, in first sentence, struck out ``for the 
furnishing of electric energy to persons in rural areas who are not 
receiving central station service and'' after ``transmission and 
distribution lines or systems'' and substituted ``section 903 of this 
title,'' for ``the provisions of sections 903(d) and 903(e) of this 
title but without regard to the 25 per centum limitation therein 
contained,'', in second sentence, substituted ``, except that'' for ``: 
Provided, further, That all such loans shall be self-liquidating within 
a period of not to exceed thirty-five years, and shall bear interest at 
the rate of 2 per centum per annum; interest rates on the unmatured and 
unpaid balance of any loans made pursuant to this section prior to 
September 21, 1944, shall be adjusted to 2 per centum per annum, and the 
maturity date of any such loans may be readjusted to occur at a date not 
beyond thirty-five years from the date of such loan: And provided 
further, That'', and in third sentence, struck out ``and section 905 of 
this title'' before ``shall not be made''.
    1994--Pub. L. 103-354 substituted ``Secretary'' for 
``Administrator''.
    1993--Pub. L. 103-129 inserted ``and for the furnishing and 
improving of electric service to persons in rural areas, including by 
assisting electric borrowers to implement demand side management, energy 
conservation programs, and on-grid and off-grid renewable energy 
systems'' after ``central station service''.
    1955--Act June 15, 1955, substituted ``25 per centum'' for ``10 per 
centum''.
    1949--Act Oct. 28, 1949, inserted ``for rural electrification'' 
after ``to make loans'' in first sentence, and inserted ``title I,'' in 
credit of act May 20, 1936.
    1948--Act June 29, 1948, permitted certain municipalities to 
refinance with R.E.A. their indebtedness with T.V.A.
    1944--Act Dec. 23, 1944, inserted provision authorizing loans to 
cooperative associations to enable them to discharge or refinance debts 
owed to the Tennessee Valley Authority.
    Act Sept. 21, 1944, extended limit of self-liquidating period from 
25 to 35 years and changing the rate of interest.

                  Section Referred to in Other Sections

    This section is referred to in sections 907, 912, 922, 931, 932, 
936b, 948 of this title; title 16 section 2708.


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