Pub. L. 118-158, div. B, tit. I (as amended)

2101.Section 10101 of the Disaster Relief and Recovery Supplemental Appropriations Act, 2008 (division B of Public Law 110-329; 7 U.S.C. 6945) is amended—(1)in subsection (b)—(A)in the first sentence—(i)by striking for authorized activities and inserting , in the form of loans, grants, loan guarantees, or cooperative agreements, for any authorized activity;(ii)by striking or between President and the Secretary of Agriculture and inserting a comma; and(iii)by inserting after the Secretary of Agriculture the following: , or the Governor of a State or Territory;(B)in the second sentence, inserting after to carry out the activity, the following: , but shall not be limited to the original form of assistance, if any; and(C)by inserting after the first sentence, as so amended, the following: The cost of such direct and guaranteed loans, including the cost of modifying loans, shall be as 138 STAT. 1731 defined in section 502 of the Congressional Budget Act of 1974.; and(2)in subsection (c), to read as follows—(c)Waiver of Activity or Project Limitations.—For any activity or project for which amounts in the Rural Development Disaster Assistance Fund will be obligated under subsection (b)—(1)the Secretary of Agriculture may waive any limits on population, income, age, and duplication with respect to replacement of damaged or destroyed utilities, or cost-sharing otherwise applicable, except that, if the amounts proposed to be obligated in connection with the disaster would exceed the amount specified in subsection (h), the notification required by that subsection shall include information and justification with regard to any waivers to be granted under this subsection;(2)the Secretary of Agriculture may use alternative sources of income data provided by local, regional, State, or Federal government sources to determine program eligibility; and(3)with respect to grants authorized by 7 U.S.C. 1926(a)(19), the Secretary of Agriculture shall not require the applicant to demonstrate that it is unable to finance the proposed project from its own resources, or through commercial credit at reasonable rates and terms, or other funding sources without grant assistance..(3)Amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.