
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC917]

 
                          TITLE 7--AGRICULTURE
 
         CHAPTER 31--RURAL ELECTRIFICATION AND TELEPHONE SERVICE
 
                   SUBCHAPTER I--RURAL ELECTRIFICATION
 
Sec. 917. Prohibition on restricting water and waste facility 
        services to electric customers
        

(a) Prohibition

    Assistance under any rural development program administered by the 
Secretary or any agency of the Department of Agriculture shall not be 
conditioned on any requirement that the recipient of the assistance 
accept or receive electric service from any particular utility, 
supplier, or cooperative.

(b) Ensuring compliance

    The Secretary shall establish, by regulation, adequate safeguards to 
ensure that assistance under any rural development program is not 
subject to such a condition. The safeguards shall include periodic 
certifications and audits, and appropriate measures and sanctions 
against any person violating, or attempting to violate subsection (a) of 
this section.

(c) ``Rural development programs'' defined

    In this section, the term ``rural development program'' means the 
following:
        (1) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 375 [7 
    U.S.C. 2008j] 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).
        (2) Subtitle G [7 U.S.C. 5901] of title XVI and sections 2281 
    [42 U.S.C. 5177a], 2333, and 2381 [7 U.S.C. 950aaa-2, 3125b] of the 
    Food, Agriculture, Conservation, and Trade Act of 1990.
        (3) Subtitle C of title IX of the Food, Agriculture, 
    Conservation, and Trade Act Amendments of 1991 (Public Law 102-237; 
    7 U.S.C. 5930 note).
        (4) Section 1323(b) of the Food Security Act of 1985 (Public Law 
    99-198; 7 U.S.C. 1932 note).
        (5) Title V [7 U.S.C. 2661 et seq.] and section 603(c) [7 U.S.C. 
    2204a] of the Rural Development Act of 1972.
        (6) Sections 905 and 940a \1\ of this title and subchapter IV of 
    this chapter.
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    \1\ See References in Text note below.
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(d) Regulations

    Not later than 60 days after April 4, 1996, the Secretary shall 
issue final regulations to ensure compliance with subsection (a) of this 
section.

(May 20, 1936, ch. 432, title I, Sec. 17, as added Pub. L. 104-127, 
title VII, Sec. 778, Apr. 4, 1996, 110 Stat. 1150.)

                       References in Text

    The Consolidated Farm and Rural Development Act, referred to in 
subsec. (c)(1), is Pub. L. 87-128, title III, Aug. 8, 1961, 75 Stat. 
307, as amended. Subtitle E of the Act is classified generally to 
subchapter V (Sec. 2009 et seq.) of chapter 50 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1921 of this title and Tables.
    The Food, Agriculture, Conservation, and Trade Act of 1990, referred 
to in subsec. (c)(2), is Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3359, 
as amended. Subtitle G of title XVI of the Act, known as the Alternative 
Agricultural Research and Commercialization Act of 1990, is classified 
generally to subchapter VI (Sec. 5901 et seq.) of chapter 88 of this 
title. For complete classification of this Act to the Code, see Short 
Title of 1990 Amendments note set out under section 1421 of this title 
and Tables.
    The Rural Development Act of 1972, referred to in subsec. (c)(5), is 
Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. Title V of the 
Act is classified generally to subchapter II (Sec. 2661 et seq.) of 
chapter 59 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 1921 of this title and 
Tables.
    Sections 905 and 940a of this title, referred to in subsec. (c)(6), 
were repealed by Pub. L. 104-127, title VII, Secs. 774(a), 780, Apr. 4, 
1996, 110 Stat. 1150, 1151.


                            Prior Provisions

    A prior section 917, act May 20, 1936, ch. 432, title I, Sec. 17, as 
added Nov. 28, 1990, Pub. L. 101-624, title XXIII, Sec. 2343, 104 Stat. 
4027, related to establishment of technical assistance unit to provide 
advice and technical assistance to electric and telephone borrowers 
under this chapter, prior to repeal by Pub. L. 102-237, title VII, 
Sec. 703(b), Dec. 13, 1991, 105 Stat. 1881.
