Page:United States Statutes at Large Volume 104 Part 5.djvu/703

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 4025 "(iv) the recommendations of the review panels for the eligible States (within the mesming of section 365(b)(3)) in which such areas are located. "(D) REPORT REQUIRED IF THE SECRETARY INTENDS TO FUND PROJECTS OTHER THAN AS RECOMMENDED BY REVIEW PANEL. — If the Secretary determines to provide loans under this subsection to projects in an eligible State (within the meaning of section 365(b)(3)) other than in the manner recommended by the review panel of the State, the Secretary— "(i) within 10 days after making such determination, shall submit to the review panel of the eligible State, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the reasons for providing loans to projects other than in the manner so recommended; and "(ii) shall not provide such loans before the end of the 7-day period beginning on the date the review panel and such committees have received such report. "(E) MONITORING OF USE OF LOANS. — The Secretary shall take such steps as may be necessary to ensure that loans provided under this subsection are used in accordance with the approved application therefor. "(3) RELATIONSHIP TO STATE LAW.—T h is subsection shall not be construed to affect in any manner the applicability of the Communications Act of 1934, the regulations and orders prescribed thereunder, or any State or local law relating to the regulation or provision of telecommunications facilities or services. "(4) REGULATIONS. — Not later than 120 days after the date of the enactment of this subsection, the Secretary shall prescribe final regulations governing the loan program established under this subsection other than with respect to agency management and personnel, in accordance with the notice and comment rulemaking requirements described in section 553 of title 5, United States Code, notwithstanding subsection (a)(2) of such section 553. "(5) DEFINITIONS.—As used in this subsection: "(A) REVIEW PANEL.—The term 'review panel' means, with respect to an eligible State (within the meaning of section 365(b)(3), the rural economic development review panel of the State, as established pursuant to section 366. "(B) RURAL AREA. —The term 'rural area' has the meaning given such term in section 306(a)(7) for purposes of loans for essential community facilities under section 306(a)(l). " (C) TELECOMMUNICATIONS TERMINAL EQUIPMENT.—The term 'telecommunications terminal equipment' means telecommunications equipment (excluding telecommunications transmission facilities) that— "(i) interconnects with telecommunications transmission facilities; and "(ii) modifies, converts, encodes, or otherwise prepares signals to be transmitted through, or modifies, reconverts, or carries signals received from, the facilities.