View all text of Subchapter III [§ 1471 - § 1490t]
§ 1479. General powers of Secretary
(a) Standards of adequate farm housing and other buildings; criteria
(b) Terms or conditions of leases or occupancy agreements subject to change with approval of Secretary
(c) Rural Housing Insurance Fund for payment of expenditures respecting construction defects; judicial review prohibition
(d) Defaults involving security interest in tribal lands
(e) Terms and conditions; regulations
(f) Housing in underserved areas
(1) Designation of underserved area
The Secretary shall designate as targeted underserved areas 100 counties and communities in each fiscal year that have severe, unmet housing needs as determined by the Secretary. A county or community shall be eligible for designation if, during the 5-year period preceding the year in which the designation is made, it has received an average annual amount of assistance under this subchapter that is substantially lower than the average annual amount of such assistance received during that 5-year period by other counties and communities in the State that are eligible for such assistance calculated on a per capita basis, and has—
(A) 20 percent or more of its population at or below the poverty level; and
(B) 10 percent or more of its population residing in substandard housing.
As used in this paragraph, the term “poverty level” has the meaning given the term in section 5302(a)(9) of this title.
(2) Preferences
In selecting projects to receive assistance with amounts set aside under paragraph (4), the Secretary shall give preference to any project located in a county or community that has, at the time of designation and as determined by the Secretary—
(A) 28 percent or more of its population at or below poverty level; and
(B) 13 percent or more of its population residing in substandard housing.
In designating underserved areas under paragraph (1), in each fiscal year the Secretary shall designate not less than 5 counties or communities that contain tribal allotted or Indian trust land.
(3) Outreach program and review
(A) Outreach
(B) Review
(4) Set-aside for targeted underserved areas and colonias
(A) In general
(B) Priority for colonias
(i) Notwithstanding the designation of counties and communities as targeted underserved areas under paragraph (1) and the provisions of section 1490 of this title, colonias shall be eligible for assistance with amounts reserved under subparagraph (A), as provided in this subparagraph.
(ii) In providing assistance from amounts reserved under this paragraph in each fiscal year, the Secretary shall give priority to any application for assistance to be used in, or in close proximity to, and serving the residents of, a colonia located in a State described under clause (iii). After the Secretary has provided assistance under the priority for colonias located in a State in an amount equal to 5 percent of the total amount of assistance allocated under this subchapter to such State in the fiscal year, the priority shall not apply to any applications for colonias in such State.
(iii) This paragraph shall apply to any State for any fiscal year following 2 fiscal years in which the State obligated the total amount of assistance allocated to it under this subchapter during each of such 2 fiscal years.
(5) List of underserved areas
(6) Project preparation assistance
(A) In general
(B) Use
(C) Approval
(D) Eligibility
(E) Availability of funding
(7) Priority for colonias
(A) In general
(B) Covered years
(8) “Colonia” defined
For purposes of this subsection, the term “colonia” means any identifiable community that—
(A) is in the State of Arizona, California, New Mexico, or Texas;
(B) is in the area of the United States within 150 miles of the border between the United States and Mexico, except that the term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000;
(C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and
(D) was in existence as a colonia before November 28, 1990.
(July 15, 1949, ch. 338, title V, § 509, 63 Stat. 436; Pub. L. 95–128, title V, § 504, Oct. 12, 1977, 91 Stat. 1139; Pub. L. 96–153, title V, § 508, Dec. 21, 1979, 93 Stat. 1136; Pub. L. 98–181, title I [title V, § 506(a)], Nov. 30, 1983, 97 Stat. 1242; Pub. L. 101–625, title VII, §§ 708, 709(b), Nov. 28, 1990, 104 Stat. 4287, 4288; Pub. L. 102–550, title VII, § 705, Oct. 28, 1992, 106 Stat. 3835; Pub. L. 104–120, § 4(a), Mar. 28, 1996, 110 Stat. 835; Pub. L. 104–180, title VII, § 734(b), Aug. 6, 1996, 110 Stat. 1602; Pub. L. 105–86, title VII, § 735(a), Nov. 18, 1997, 111 Stat. 2110; Pub. L. 105–276, title V, § 599C(a), (e)(2)(B), Oct. 21, 1998, 112 Stat. 2661, 2662.)