U.S. Code » Title 7 » Chapter CHAPTER 31— RURAL ELECTRIFICATION AND TELEPHONE SERVICE › Subchapter SUBCHAPTER I— RURAL ELECTRIFICATION

7 U.S.C. § 902

General authority of Secretary of Agriculture

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(a) Loans

The Secretary of Agriculture (referred to in this chapter as the “Secretary”) is authorized and empowered to make loans, or refinance loans made or guaranteed by the Secretary under this chapter, in the several States and Territories of the United States for rural electrification and for the purpose of furnishing and improving electric and telephone service in rural areas, as provided in this chapter, and for the purpose of assisting electric borrowers to implement demand side management, energy efficiency and conservation programs, and on-grid and off-grid renewable energy systems.

(b) Investigations and reports

The Secretary may make, or cause to be made, studies, investigations, and reports regarding matters, including financial, technological, and regulatory matters, affecting the condition and progress of electric, telecommunications, and economic development in rural areas, and publish and disseminate information with respect to the matters.

(c) Technical assistance

Not later than 180 days after December 20, 2018, the Secretary shall enter into a memorandum of understanding with the Secretary of Energy under which the Secretary of Energy shall provide technical assistance to the Rural Utilities Service on loans to be made under subsection (a) of this section and section 904(a) of this title.

(May 20, 1936, ch. 432, title I, § 2, 49 Stat. 1363; Oct. 28, 1949, ch. 776, §§ 2, 3, 63 Stat. 948; Pub. L. 103–129, § 2(c)(1), Nov. 1, 1993, 107 Stat. 1363; Pub. L. 103–354, title II, § 235(a)(2), (13), Oct. 13, 1994, 108 Stat. 3220, 3221; Pub. L. 104–127, title VII, § 771, Apr. 4, 1996, 110 Stat. 1149; Pub. L. 110–234, title VI, § 6101, May 22, 2008, 122 Stat. 1195; Pub. L. 110–246, § 4(a), title VI, § 6101, June 18, 2008, 122 Stat. 1664, 1956; Pub. L. 115–334, title VI, § 6501, Dec. 20, 2018, 132 Stat. 4771; Pub. L. 116–94, div. B, title VII, § 765, Dec. 20, 2019, 133 Stat. 2655.)Editorial NotesCodification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2019—Subsec. (a). Pub. L. 116–94 substituted “made or guaranteed by the Secretary” for “made by the Secretary”.

2018—Subsec. (a). Pub. L. 115–334, § 6501(a), substituted “loans, or refinance loans made by the Secretary under this chapter, in” for “loans in”.

Subsec. (c). Pub. L. 115–334, § 6501(b), added subsec. (c).

2008—Subsec. (a). Pub. L. 110–246, § 6101, inserted “efficiency and” before “conservation”.

1996—Pub. L. 104–127, § 771(1), inserted section catchline.

Subsec. (a). Pub. L. 104–127, § 771(1), (2), inserted heading, substituted “The Secretary of Agriculture (referred to in this chapter as the ‘Secretary’) is” for “The Secretary of Agriculture is”, struck out “and the furnishing of electric energy to persons in rural areas who are not receiving central station service” after “rural electrification”, and substituted “systems.” for “systems; to make, or cause to be made, studies, investigations, and reports concerning the condition and progress of the electrification of and the furnishing of adequate telephone service in rural areas in the several States and Territories; and to publish and disseminate information with respect thereto.”

Subsec. (b). Pub. L. 104–127, § 771(3), added subsec. (b) and struck out former subsec. (b) which read as follows: “By January 1, 1994, the Secretary shall issue interim regulations to implement the authority contained in subsection (a) of this section to make loans for the purpose of assisting electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems. If the regulations are not issued by January 1, 1994, the Secretary shall consider any demand side management, energy conservation, or renewable energy program, system, or activity that is approved by a State agency to be eligible for the loans.”

1994—Pub. L. 103–354 substituted “Secretary of Agriculture” for “Administrator” in subsec. (a) and “Secretary” for “Administrator” in two places in subsec. (b).

1993—Pub. L. 103–129 designated existing provisions as subsec. (a), substituted “electric and telephone service in rural areas, as provided in this chapter, and for the purpose of assisting electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems;” for “telephone service in rural areas, as hereinafter provided;”, and added subsec. (b).

1949—Act Oct. 28, 1949, authorized loans to furnish and improve rural telephone service; and inserted “title I,” in credit of act May 20, 1936.

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Notes of Decisions
Cited in 17 cases, 1942–2017 · leading case: Pamela Caver v. Cent. Alabama Elec. Coop., 845 F.3d 1135 (11th Cir. 2017).
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Pamela Caver v. Cent. Alabama Elec. Coop., 845 F.3d 1135 (11th Cir. 2017). “1363; accord 7 U.S.C. § 902 (a). The federal government thus initiated this program of rural electrification.”
Cessna v. Rea Energy Coop., Inc., 258 F. Supp. 3d 566 (W.D. Pa. 2017). “” 7 U.S.C. § 902 (a), And its provisions leave ample room for state regulation, meaning field preemption is inapplicable here.”
Tlingit-Haida Reg'l Elec. Auth. v. State, 15 P.3d 754 (Alaska 2001). “7U.S.C. § 902(a). 41 . Arkansas Elec. Coop.”
Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986). “, 7 U.S.C. § 902 , to describe electric service from a central generation facility that serves numerous consumers.”
Cass Cnty. Elec. Coop., Inc. v. Wold Props., Inc., 249 N.W.2d 514 (N.D. 1976). · cites it 2× “The statutory authority for the making of such loans by the Administrator of the Rural Electrification Administration is found in 7 U.S.C. § 902 , which provides, in part: “The Administrator is authorized and empowered to make loans in the several States and Territories of the…”
Util. L. Rep. P 13,930 Wabash Valley Power Ass'n v. Rural Electrification Admin., 988 F.2d 1480 (7th Cir. 1993). “See 7 U.S.C. §§ 902 , 930. Because the opinions in Arkansas Electric detail the legislative history of the RE Act, we will not repeat that here.”
Sierra Club v. United States Dep't of Agric., 716 F.3d 653 (D.C. Cir. 2013). “The Rural Electrification Act, 7 U.S.C. §§ 902 (a), 904, authorizes the Secretary of Agriculture to make loans for improving electric service in rural areas by financing the construction and operation of power plants.”
Sierra Club v. United States Dep't of Agric., 777 F. Supp. 2d 44 (D.D.C. 2011). “” 7 U.S.C. § 902 (a). The Rural Electrification Act further authorizes RUS to make loans for rural electrification to corporations organized “for the purpose of financing the construction and operation of generating plants, electric transmission and distribution lines or systems…”
Pub. Serv. CO. OF OK. v. Caddo Elec. Coop., 479 P.2d 572 (Okla. 1971). “Competition by cooperatives in municipalities having less than 1500 population is reduced for the reason that the national Rural Electrification Act of 1936, 7 U.S. C.A. § 902, authorizes loans for supplying electric energy to persons in rural areas “who are not receiving…”
GTE Int'l Inc. v. Hunter, 649 F. Supp. 139 (D.P.R. 1986). “7 U.S.C. § 902 . 3. Defendant Hiram H. Puig is General Manager of the PRCA, a Puerto Rican public agency established in 1942 pursuant to Law No.”
Sioux Valley Empire Elec. Ass'n v. Butz, 367 F. Supp. 686 (D.S.D. 1973). “The Rural Electrification Act of 1936, as amended, provides in pertinent part: (1) 7 U.S.C. § 902 provides in part: The Administrator is authorized and empowered to make loans in the several States and Territories of the United States for rural electrification .”
Givens v. Delta Elec. Power Ass'n, 572 F. Supp. 555 (N.D. Miss. 1983). “It is undisputed that the only federal funding which is received by DEPA, and which could thus trigger plaintiffs’ Title VI claims, are low-interest loans made by the Rural Electrification Administration (REA) pursuant to the Rural Electrification Act, 7 U.S.C. § 902 . As stated…”
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7 U.S.C. § 902(a): 1 case
Tlingit-Haida Reg'l Elec. Auth. v. State, 15 P.3d 754 (Alaska 2001). “7U.S.C. § 902(a). 41 . Arkansas Elec. Coop.”
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