Page:United States Statutes at Large Volume 122.djvu/1194

This page needs to be proofread.

12 2 STA T . 11 7 1 PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8‘ ‘ (I II )providet ot h e petitio n er a n opport u nit y to appea l to the U nder S e c retary a deter m ination made under thi s su b para g raph

‘‘(I V ) release to the public notice o f a petition filed or initiative of the Under Secretary under this subparagraph not later than 30 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 A griculture of the H ouse of R epresentatives and the Committee on Agriculture, N utrition, and F orestry 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 1 4 1(a) of title 13, United States Code . ‘‘( E )E XCLUSION S. — Not w ithstanding any other provi- sion of this paragraph, in determining which census blocks in an urbani z ed 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 in a rural area only because the cluster is ad j acent to not more than 2 census blocks that are otherwise consid- ered not in a rural area under this paragraph. ‘‘(F) U RBA NAR E A G RO WTH .— ‘‘(i) A P PLICATION.— T his subparagraph applies to— ‘‘(I) any area that— ‘‘(aa) is a collection of census blocks that are contiguous to each other; ‘‘(bb) has a housing density that the Sec- retary estimates is greater than 200 housing units per s q uare mile; and ‘‘(cc) is contiguous or adjacent to an existing boundary of a rural area; and ‘‘(II) any urbanized area contiguous and adja- cent to a city or town described in subparagraph (A)(i). ‘‘(ii) A DJ UST M ENTS.—The Secretary may, by regula- tion only, consider— ‘‘(I) an area described in clause (i)(I) not to be a rural area for purposes of subparagraphs (A) and (C); and ‘‘(II) an area described in clause (i)(II) not to be a rural area for purposes of subparagraph (C). ‘‘(iii) APPEALS.—A program applicant may appeal an estimate made under clause (i)(I) based on appro- priate data for an area, as determined by the Secretary. ‘‘( G ) HAWAII AND PUERTO RICO.—Notwithstanding any other provision of this paragraph, within the areas of the County of Honolulu, Hawaii, and the Commonwealth of Terminat i o n d ate .R e p ort s . Time period. Publ i c in f ormation. N otice. D eadline.