§ 4280.3 Definitions. The following definitions are applicable to this subpart: *Advanced Telecommunications.* Using communications equipment for purposes, such as the simultaneous transmission of images and voice or the electronic transmission of data between multiple sites that do not consist primarily of providing local exchange voice or other routine communications.
*Agricultural Production.* The cultivation, production, growing, raising, feeding, housing, breeding, hatching, or managing of crops, plants, animals, fish, or birds, either for fiber, food for human consumption, or livestock feed.
*Business Incubator.* A facility in which small businesses can share premises, support staff, computers, software or hardware, telecommunications terminal equipment, machinery, janitorial services, utilities, or other overhead expenses, and where such businesses can receive Technical Assistance, financial advice, business planning services or other support.
*Community Facilities Project.* An eligible community facility under the Community Facility Direct or Guaranteed programs.
*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. Regarding use of both grant and matching funds, Federal procurement standards prohibit transactions that involve a real or apparent conflict of interest for owners, employees, officers, agents, their immediate family members, partners, or an organization which is about to employ any of the parties indicated herein, having a financial or other interest in or tangible personal benefit from the outcome of the project; or that restrict open and free competition for unrestrained trade. Specifically, project funds may not be used for services or goods going to, or coming from, a person or entity with a real or apparent conflict of interest, including, but not limited to, owner(s) and their immediate family members.
*Cushion of Credit.* The amount contributed by the Intermediary pursuant to 7 U.S.C. 940c.
*Direct Job.* A job that is created or saved by an Ultimate Recipient employer as a result of funding received from these Programs.
*Established Operation.* An entity that has engaged in the nature of the Project for more than one year.
*Full-Time Job.* A job for which a worker is scheduled to work 35 hours per week, or more, on a regular basis.
*Grant.* For the REDG Program only; a transfer of monies other than a loan, from Rural Development to an Intermediary for specific use in funding a Revolving Loan Fund from which loans are made to Ultimate Recipients. Grant funds must be repaid by the Intermediary to Rural Development in the event the Fund is unused for more than one year, misused, no longer needed for its intended purposes, or the Grant is terminated.
*Independent Provider.* An entity or individual, other than the Intermediary or the Ultimate Recipient that is not owned by a subsidiary or an affiliate of the Intermediary or Ultimate Recipient or would otherwise have an interest in the Intermediary or Ultimate Recipient that would be a conflict of interest or have the appearance of a conflict of interest.
*Indirect Job.* A job that is created or saved as a result of a funded Project, but is not with the Ultimate Recipient.
*Infrastructure.* Facilities required to support private sector economic activity such as: Highways, streets, roads, and bridges; public transit; water supply; wastewater treatment; water resources; solid waste; and hazardous waste services.
*Intermediary.* An entity that is identified by RUS as an eligible borrower under the Rural Electrification Act and obtains a REDG Grant or a REDL Loan.
*Part-Time Job.* A job for which a worker is scheduled to work less than 35 hours per week, on a regular basis.
*Programs.* The Rural Economic Development Loan (REDL) and the Rural Economic Development Grant (REDG) Programs.
*Project.* The facility, equipment, or activity of the Ultimate Recipient that is funded under one of the Programs.
*REDG.* The Rural Economic Development Grant Program.
*REDL.* The Rural Economic Development Loan Program.
*Revolving Loan Fund (or Fund).* A revolving loan fund that is created with Grant funds and the Intermediary's supplemental contribution under the REDG Program that makes loans and uses the loan repayments and interest earnings to make subsequent loans until the Fund is terminated.
*Revolving Loan Fund Plan.* A plan developed by the Intermediary and approved by Rural Development that governs the use of the Revolving Loan Fund. The plan must at least include a detailed explanation of the Intermediary's Fund administration policies and procedures and planned Fund use after the funds in the Revolving Loan Fund have revolved. Fund administration policies and procedures must at least include information regarding the review and approval of loans from the Fund.
*Rural area.* This information will be taken from the most recent census data. Any area other than: ( 1 ) A city or town that has a population of greater than 50,000 inhabitants;
( 2 ) The urbanized area contiguous and adjacent to such a city or town; and
( 3 ) Which excludes certain populations pursuant to 7 U.S.C. 1991(a)(13)(H) and (I).
*Rural Business-Cooperative Service (RBS).* The Rural Business-Cooperative Service, an agency within the Rural Development mission area of the USDA.
*Rural Development.* For purposes of this regulation, The Rural Business-Cooperative Service (RBS), an Agency of the United States Department of Agriculture, or a successor Agency, will be referred to as Rural Development.
*Rural Utilities Service (RUS).* The Rural Utilities Service, an Agency within the Rural Development mission area of the USDA.
*Seasonal Job.* A job whether Part-Time or Full-Time that begins and ends in accordance with a specified time period of less than a year and generally within a range less than four months.
*Start-Up Venture(s).* An entity that has engaged in the nature of the Project for less than one year. An entity that has operated in excess of one year, but which is about to enter into a new line of business, would be considered a Start-Up Venture.
*State.* Any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Marianas Islands, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands.
*Technical Assistance.* Managerial, financial and operational analysis and consultation by Independent Providers to assist Project owners in identifying and evaluating problems or potential problems and to provide training that enables Project owners to successfully implement, manage, operate and maintain viable Projects.
*Ultimate Recipient.* An entity or individual that receives a loan from an Intermediary. The Ultimate Recipient may be a for profit or not-for-profit entity such as, but not limited to, a sole proprietorship, a corporation, a cooperative, a partnership, or a Limited Liability Company. The Ultimate Recipient may also be a public body, such as, but not limited to, a political subdivision of a State or locality, or a Federally-recognized Indian tribe.
*Uniform Act.* The Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (42 U.S.C. 4601-4655).
*USDA.* The United States Department of Agriculture.
*Zero-Interest Loan.* A loan made by the Intermediary to the Ultimate Recipient with no interest and which will be repaid to the Intermediary by the Ultimate Recipient.
[72 FR 29843, May 30, 2007, as amended at 79 FR 76015, Dec. 19, 2014; 80 FR 9913, Feb. 24, 2015; 80 FR 15885, Mar. 26, 2015; 87 FR 38644, June 29, 2022]