rural area
(13) Rural and rural area.— (A) In general .— Subject to subparagraphs (B) through (I), the terms “rural” and “rural area” mean any area other than— (i) a city or town that has a population of greater than 50,000 inhabitants; and (ii) any urbanized area contiguous and adjacent to a city or town described in clause (i). (B) Water and waste disposal grants and direct loans .— For the purpose of water and waste disposal grants and direct loans provided under paragraphs (1) and (2) of section 1926(a) of this title , the terms “rural” and “rural area” mean a city, town, or unincorporated area that has a population of no more than 10,000 inhabitants. (C) Community facility loans and grants .— For the purpose of community facility direct loans and grants under paragraphs (1), (19), (20), and (21) of section 1926(a) of this title , the terms “rural” and “rural area” mean any area other than a city, town, or unincorporated area that has a population of greater than 20,000 inhabitants. (D) Areas rural in character.— (i) Application .— This subparagraph applies to— (I) an urbanized area described in subparagraphs (A)(ii) and (F) that— (aa) has 2 points on its boundary that are at least 40 miles apart; and (bb) is not contiguous or adjacent to a city or town that has a population of greater than 150,000 inhabitants or an urbanized area of such city or town; and (II) an area within an urbanized area described in subparagraphs (A)(ii) and (F) that is within ¼-mile of a rural area described in subparagraph (A). (ii) Determination .— Notwithstanding any other provision of this paragraph, on the petition of a unit of local government in an area described in clause (i) or on the initiative of the Under Secretary for Rural Development, the Under Secretary may determine that a part of an area described in clause (i) is a rural area for the purposes of this paragraph, if the Under Secretary finds that the part is rural in character, as determined by the Under Secretary. (iii) Administration .— In carrying out this subparagraph, the Under Secretary for Rural Development shall— (I) not delegate the authority to carry out this subparagraph; (II) consult with the applicable rural development State or regional director of the Department of Agriculture and the governor of the respective State; (III) provide to the petitioner an opportunity to appeal to the Under Secretary a determination made under this subparagraph; (IV) release to the public notice of a petition filed or initiative of the Under Secretary under this subparagraph not later than 30 days after receipt of the petition or the commencement of the initiative, as appropriate; (V) make a determination under this subparagraph not less than 15 days, and not more than 60 days, after the release of the notice under subclause (IV); (VI) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report on actions taken to carry out this subparagraph; and (VII) terminate a determination under this subparagraph that part of an area is a rural area on the date that data is available for the next decennial census conducted under section 141(a) of title 13 . (E) Exclusions .— Notwithstanding any other provision of this paragraph, in determining which census blocks in an urbanized area are not in a rural area (as defined in this paragraph), the Secretary shall exclude any cluster of census blocks that would otherwise be considered not in a rural area only because the cluster is adjacent to not more than 2 census blocks that are otherwise considered not in a rural area under this paragraph. (F) Urban area growth.— (i) Application .— This subparagraph applies to— (I) any area that— (aa) is a collection of census blocks that are contiguous to each other; (bb) has a housing density that the Secretary estimates is greater than 200 housing units per square mile; and (cc) is contiguous or adjacent to an existing boundary of a rural area; and (II) any urbanized area contiguous and adjacent to a city or town described in subparagraph (A)(i). (ii) Adjustments .— The Secretary may, by regulation only, consider— (I) an area described in clause (i)(I) not to be a rural area for purposes of subparagraphs (A) and (C); and (II) an area described in clause (i)(II) not to be a rural area for purposes of subparagraph (C). (iii) Appeals .— A program applicant may appeal an estimate made under clause (i)(I) based on appropriate data for an area, as determined by the Secretary. (G) Hawaii and puerto rico .— Notwithstanding any other provision of this paragraph, within the areas of the County of Honolulu, Hawaii, and the Commonwealth of Puerto Rico, the Secretary may designate any part of the areas as a rural area if the Secretary determines that the part is not urban in character, other than any area included in the Honolulu Census Designated Place or the San Juan Census Designated Place. (H) Exclusion of incarcerated populations .— Populations of individuals incarcerated on a long-term or regional basis shall not be included in determining whether an area is “rural” or a “rural area”. (I) Limited exclusion of military base populations .— The first 1,500 individuals who reside in housing located on a military base shall not be included in determining whether an area is “rural” or a “rural area”.