Subpart A Rural Economic Development Loan and Grant Programs
Subpart B Rural Energy for America Program
Subpart D Rural Microentrepreneur Assistance Program
Subpart E Rural Business Development Grants

Terms Used In 7 CFR Part 4280

  • Abbreviations: The following abbreviations apply to the terms used in this subpart:

    FTE--Full-time employee

    LLRF--Loan loss reserve fund. See 7 CFR 4280.302

  • Act: means the Federal Credit Union Act (12 U. See 12 CFR 700.2
  • ADA: refers to title I of the Americans with Disabilities Act of 1990 (42 U. See 29 CFR 1641.8
  • ADA: means the Americans with Disabilities Act of 1990 (Pub. See 29 CFR 1640.2
  • Administrative expenses: Those expenses incurred by an MDO for the operation of services under this program. See 7 CFR 4280.302
  • Administrator: The Administrator of Rural Business-Cooperative Service within the Rural Development Mission Area of the U. See 7 CFR 4280.103
  • Affirmative action requirements: refers to affirmative action requirements required by DOL pursuant to section 503 of the Rehabilitation Act of 1973, that go beyond the nondiscrimination requirements imposed by the ADA. See 29 CFR 1641.8
  • Agency: USDA Rural Development, Rural Business-Cooperative Service or its successor organization. See 7 CFR 4280.302
  • Agency: The Rural Business-Cooperative Service (RBS) or successor agency assigned by the Secretary of Agriculture to administer the Rural Energy for America Program. See 7 CFR 4280.103
  • Agricultural Producer: An individual or entity directly engaged in the production of agricultural products, including crops (including farming). See 7 CFR 4280.103
  • Allegation: something that someone says happened.
  • Allocated equities: means stock or surplus representing a patronage payment to a member-borrower that a System institution has retained for the benefit of its membership. See 12 CFR 628.2
  • Amortization: Paying off a loan by regular installments.
  • Anaerobic Digester Project: A Renewable Energy System that uses animal waste or other Renewable Biomass and may include other organic substrates, via anaerobic digestion, to produce biomethane that is used to produce thermal or electrical energy or that is converted to a compressed gaseous or liquid state. See 7 CFR 4280.103
  • Annual Receipts: Means receipts as calculated under 13 CFR 121. See 7 CFR 4280.103
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: The legal entity, also referred to as a microenterprise development organization or MDO, submitting an application to participate in the program. See 7 CFR 4280.302
  • Applicant: (1) Except for EA and REDA grants, the Agricultural Producer or Rural Small Business that is seeking a grant, guaranteed loan, or a combination of a grant and loan, under this subpart. See 7 CFR 4280.103
  • Application: The forms and documentation submitted by an MDO for acceptance into the program. See 7 CFR 4280.302
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistant Attorney General: refers to the Assistant Attorney General, Civil Rights Division, United States Department of Justice, or his or her designee. See 29 CFR 1640.2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Award: The written documentation, executed by the Agency after the application is approved, containing the terms and conditions for provision of financial assistance to the applicant. See 7 CFR 4280.302
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Borrower stock: means the capital investment a borrower holds in a System institution in connection with a loan. See 12 CFR 628.2
  • Business incubator: An organization that provides temporary premises at below market rates, technical assistance, advice, use of equipment, and may provide access to capital, or other facilities or services to rural microentrepreneurs and microenterprises starting or growing a business. See 7 CFR 4280.302
  • Capacity: The maximum output rate that an apparatus or heating unit is able to attain on a sustained basis as rated by the manufacturer. See 7 CFR 4280.103
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Civil Rights Division: means the Civil Rights Division of the United States Department of Justice. See 29 CFR 1640.2
  • Commercially Available: A system that meets the requirements of either paragraph (1) or (2) of this definition. See 7 CFR 4280.103
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complete Application: An application that contains all parts necessary for the Agency to determine Applicant and project eligibility, score the application, and, where applicable, enable the Agency to determine the technical merit of the project. See 7 CFR 4280.103
  • Conflict of interest: A situation in which a person or entity has competing personal, professional, or financial interests that make it difficult for the person or business to act impartially. See 7 CFR 4280.302
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Council: As defined in 16 U. See 7 CFR 4280.103
  • Credit derivative: means a financial contract executed under standard industry credit derivative documentation that allows one party (the protection purchaser) to transfer the credit risk of one or more exposures (reference exposure(s)) to another party (the protection provider) for a certain period of time. See 12 CFR 628.2
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit union: means a nonprofit financial cooperative chartered under the Federal Credit Union Act or under the laws of any State, the District of Columbia, the several territories and possessions of the United States, or the Commonwealth of Puerto Rico, which laws provide for the organization of financial cooperatives similar in principle and objectives to cooperatives chartered under the Federal Credit Union Act. See 12 CFR 700.2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Default: The condition that exists when a borrower is not in compliance with the promissory note, the loan and/or grant agreement, or other related documents evidencing the loan. See 7 CFR 4280.302
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delinquency: Failure by an MDO to make a scheduled loan payment by the due date or within any grace period as stipulated in the promissory note and loan agreement. See 7 CFR 4280.302
  • Departmental Regulations: The regulations of the USDA's Office of Chief Financial Officer (or successor office) as codified in 2 CFR chapter IV. See 7 CFR 4280.103
  • Dependent: A person dependent for support upon another.
  • Designated agency: means any one of the eight agencies designated under §35. See 29 CFR 1640.2
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • DOL: means the U. See 29 CFR 1641.8
  • Dual-filed complaint or charge: means a complaint or charge of employment discrimination that:

    (1) Arises under both section 504 and title I. See 29 CFR 1640.2

  • EEOC: refers to the United States Equal Employment Opportunity Commission, and, when appropriate, to any of its headquarters, district, area, local, or field offices. See 29 CFR 1640.2
  • EEOC: means the U. See 29 CFR 1641.8
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible project cost: The total cost of a microborrower's project for which a microloan is being sought from a microlender less any costs identified as ineligible in §4280. See 7 CFR 4280.302
  • Eligible Project Costs: The Total Project Costs that are eligible to be paid or guaranteed with REAP funds. See 7 CFR 4280.103
  • Energy Assessment: An Agency-approved report assessing energy use, cost, and efficiency by analyzing energy bills and surveying the target building and/or equipment sufficiently to provide an Agency-approved Energy Assessment. See 7 CFR 4280.103
  • Energy Assessor: A Qualified Consultant who has at least 3 years of experience and completed at least five energy assessments or energy audits on similar type projects and who adheres to generally recognized engineering principles and practices. See 7 CFR 4280.103
  • Energy Audit: A comprehensive report that meets an Agency-approved standard prepared by an Energy Auditor or an individual supervised by an Energy Auditor that documents current energy usage. See 7 CFR 4280.103
  • Energy Auditor: A Qualified Consultant that meets one of the following criteria:

    (1) A Certified Energy Auditor certified by the Association of Energy Engineers. See 7 CFR 4280.103

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exposure: means an amount at risk. See 12 CFR 628.2
  • Facilitation of access to capital: For purposes of this program, facilitation of access to capital means assisting a technical assistance client of the TA-only grantee in obtaining a microloan whether or not the microloan is wholly or partially capitalized by funds provided under this program. See 7 CFR 4280.302
  • Feasibility Study: An analysis conducted by a Qualified Consultant of the economic, market, technical, financial, and management feasibility of a proposed project or business operation. See 7 CFR 4280.103
  • Federal Fiscal Year: The 12-month period beginning October 1 of any given year and ending on September 30 of the following year. See 7 CFR 4280.103
  • Financial collateral: means collateral:

    (1) In the form of:

    (i) Cash on deposit at a depository institution or Federal Reserve Bank (including cash held for the System institution by a third-party custodian or trustee). See 12 CFR 628.2

  • Financial Feasibility: The ability of a project or business operation to achieve sufficient income, credit, and cash flow to financially sustain a project over the long term. See 7 CFR 4280.103
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • GAAP: means generally accepted accounting principles as used in the United States. See 12 CFR 628.2
  • Gain-on-sale: means an increase in the equity capital of a System institution (as reported on the Call Report) resulting from a traditional securitization (other than an increase in equity capital resulting from the System institution's receipt of cash in connection with the securitization or reporting of a mortgage servicing asset on the Call Report). See 12 CFR 628.2
  • Government: means the government of the United States of America. See 29 CFR 1641.8
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hybrid: A combination of two or more Renewable Energy technologies that are incorporated into a unified system to support a single project. See 7 CFR 4280.103
  • Hydroelectric Source: A Renewable Energy System producing electricity using various types of moving water including, but not limited to, diverted run-of-river water, in-stream run-of-river water, and in-conduit water. See 7 CFR 4280.103
  • Immediate Family: Individuals who are closely related by blood, marriage, or adoption, or who live within the same household, such as a spouse, domestic partner, parent, child, brother, sister, aunt, uncle, grandparent, grandchild, niece, or nephew. See 7 CFR 4280.103
  • Indian tribe: As defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U. See 7 CFR 4280.302
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: A Qualified Consultant who has at least 3 years of experience and completed at least five inspections on similar type projects. See 7 CFR 4280.103
  • Institution of Higher Education: As defined in 20 U. See 7 CFR 4280.103
  • Instrumentality: An organization recognized, established, and controlled by a State, Tribal, or local government, for a public purpose or to carry out special purposes. See 7 CFR 4280.103
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Matching Funds: Those project funds required by the 7 U. See 7 CFR 4280.103
  • Member: means a borrower or former borrower from a System institution that holds voting or nonvoting cooperative equities of the institution. See 12 CFR 628.2
  • Microborrower: A microentrepreneur or microenterprise that has received financial assistance from a microlender under this program in an amount of $50,000 or less. See 7 CFR 4280.302
  • Microenterprise: Microenterprise means:

    (i) A sole proprietorship located in a rural area. See 7 CFR 4280.302

  • Microentrepreneur: An owner and operator, or prospective owner and operator, of a microenterprise who is unable to obtain sufficient training, technical assistance, or credit other than under this section, as determined by the Secretary. See 7 CFR 4280.302
  • Microlender: An MDO that has been approved by the Agency for participation under this subpart to make microloans and provide an integrated program of training and technical assistance to its microborrowers and prospective microborrowers. See 7 CFR 4280.302
  • Microloan: A business loan of not more than $50,000 with a fixed interest rate and a term not to exceed 10 years. See 7 CFR 4280.302
  • Military personnel: Individuals, regardless of rank or grade, currently in active United States military service with less than 6 months remaining in their active duty service requirement. See 7 CFR 4280.302
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • NCUA: refers to the National Credit Union Administration. See 12 CFR 700.2
  • NCUA Board: refer to the Board of the National Credit Union Administration. See 12 CFR 700.2
  • Nonprofit entity: An entity chartered as a nonprofit entity under State Law. See 7 CFR 4280.302
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • OFCCP: means the Office of Federal Contract Compliance Programs, and where appropriate, any of its regional or district offices. See 29 CFR 1641.8
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power Purchase Agreement: The terms and conditions governing the sale and transportation of electricity produced by the grantee or borrower to another party. See 7 CFR 4280.103
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Priority List: refers to a document listing a limited number of controversial topics under the ADA on which there is not yet definitive guidance setting forth EEOC's position. See 29 CFR 1641.8
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Program: The Rural Microentrepreneur Assistance Program (RMAP). See 7 CFR 4280.302
  • Public Power Entity: Is defined using the definition of "State utility" as defined in section 217(A)(4) of the Federal Power Act (16 U. See 7 CFR 4280.103
  • Publicly traded: means traded on:

    (1) Any exchange registered with the Securities and Exchange Commission (SEC) as a national securities exchange under section 6 of the Securities Exchange Act. See 12 CFR 628.2

  • Qualified allocated equities: means patronage allocated to a member-borrower, in the form of stock or surplus, that a System institution retains as equity for the benefit of the membership. See 12 CFR 628.2
  • Qualified Consultant: An independent third-party individual or entity possessing the knowledge, expertise, and experience to perform the specific task required. See 7 CFR 4280.103
  • Rated Power: The maximum amount of energy that can be created at any given time. See 7 CFR 4280.103
  • Recipient: means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, organization, or other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary under such program. See 29 CFR 1640.2
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Refurbished: Refers to a piece of equipment or Renewable Energy System that has been brought into a commercial facility, thoroughly inspected, and worn parts replaced and has a warranty that is approved by the Agency or its designee. See 7 CFR 4280.103
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Renewable Biomass: (1) Materials, pre-commercial thinnings, or invasive species from National Forest System land or public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U. See 7 CFR 4280.103
  • Renewable Energy: Energy derived from:

    (1) A wind, solar, Renewable Biomass, ocean (including tidal, wave, current, and thermal), geothermal or Hydroelectric Source. See 7 CFR 4280.103

  • Renewable Energy Site Assessment: A report provided to an Agricultural Producer or Rural Small Business providing information regarding and recommendations for the use of Commercially Available Renewable Energy technologies in its operation. See 7 CFR 4280.103
  • Renewable Energy Technical Assistance: Assistance provided to Agricultural Producers and Rural Small Businesses on how to use Renewable Energy technologies and resources in their operations. See 7 CFR 4280.103
  • Resecuritization: means a securitization which has more than one underlying exposure and in which one or more of the underlying exposures is a securitization exposure. See 12 CFR 628.2
  • Retrofitting: A modification that incorporates a feature or features not included in the original design or for the replacement of existing components with ones that improve the original design and does not impact original warranty if the warranty is still in existence. See 7 CFR 4280.103
  • Rural Small Business: A Small Business that is located in a Rural Area or that can demonstrate the proposed project for which assistance is being applied for under this subpart is located in a Rural Area. See 7 CFR 4280.103
  • Secretary: means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead. See 7 CFR 29.9401
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Simple Payback: The estimated Simple Payback of a project funded under this subpart as calculated using paragraph (1) or (2) as applicable, of this definition. See 7 CFR 4280.103
  • Small Business: An entity or utility, as applicable, described below that meets Small Business Administration's (SBA) definition of Small Business as found in 13 CFR part 121. See 7 CFR 4280.103
  • Sovereign: means a central government (including the U. See 12 CFR 628.2
  • State: Any of the 50 States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the U. See 7 CFR 4280.302
  • State: means a state of the United States, the District of Columbia, any of the several territories and possessions of the United States, and the Commonwealth of Puerto Rico. See 12 CFR 700.2
  • State: Any of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See 7 CFR 4280.103
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Synthetic securitization: means a transaction in which:

    (1) All or a portion of the credit risk of one or more underlying exposures is retained or transferred to one or more third parties through the use of one or more credit derivatives or guarantees (other than a guarantee that transfers only the credit risk of an individual retail exposure). See 12 CFR 628.2

  • System bank: means a Farm Credit Bank, an agricultural credit bank, and a bank for cooperatives. See 12 CFR 628.2
  • Technical assistance and training: The provision of education, guidance, or instruction to one or more rural microentrepreneurs to prepare them for self-employment. See 7 CFR 4280.302
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Total capital: means the sum of tier 1 capital and tier 2 capital. See 12 CFR 628.2
  • Total Project Costs: The sum of all costs associated with a completed project. See 7 CFR 4280.103
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Underlying exposures: means one or more exposures that have been securitized in a securitization transaction. See 12 CFR 628.2
  • Used Equipment: Any equipment that has been used in any previous application and is provided in an "as is" condition. See 7 CFR 4280.103