Page:United States Statutes at Large Volume 122.djvu/1955

 12 2 STA T . 1 93 2 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (I)anurb an ized area de sc ribed in sub p ara -g rap h s( A )(ii) and ( F ) t hat — ‘‘(aa) has 2 p o ints on its boundar y that are at l east 40m iles apart and ‘‘(bb) is not contiguous or ad j acent to a city or to w n that has a population o f greater than 15 0, 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 1⁄4 -mile of a rural area described in subparagraph (A) . ‘‘(ii) DET E RMINA TI O N.— N otwithstanding any other pro v ision 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 U nder S ecretary for R ural 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) A D MINI S TRATION.—In carrying out this subparagraph, the Under Secretary for Rural Develop- ment shall— ‘‘(I) not delegate the authority to carry out this subparagraph; ‘‘(II) consult with the applicable rural develop- ment 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; ‘‘(I V ) release to the public notice of a petition filed or initiative of the Under Secretary under this subparagraph not later than 3 0 days after receipt of the petition or the commencement of the initiative, as appropriate; ‘‘(V) ma k e a determination under this subpara- graph not less than 15 days, and not more than 6 0 days, after the release of the notice under sub- clause (IV); ‘‘(VI) submit to the C ommittee on Agriculture of the H ouse 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 ne x t decennial census conducted under section 141(a) of title 13, United States Code. ‘‘( E )E XCLU SIONS.—Notwithstanding any other provi- sion 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 Terminat i o n d ate .R e p ort s . Time period. Publ i c in f ormation. N otice. D eadline.

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