7 U.S.C. § 1922 - Persons eligible for real estate loans
|Cite as:||7 U.S.C. § 1922|
|Currency:||Current through P.L. 116-182 (10/21/2020)|
(a) In general
(1) Eligibility requirements
The Secretary may make and insure loans under this subchapter to farmers and ranchers in the United States, and to farm cooperatives and private dom...
(2) Special rules
(A) Eligibility of certain operating-only entities
An entity that is or will become only the operator of a family farm shall be considered to meet the owner-operator requirements of paragraph (1) if the individuals that are the owners of the family farm own more than 50 percent (or such other percentage as the Secretary determines is appropriate) of the entity.
(B) Eligibility of certain embedded entities
An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A) of this paragraph that is owned, in whole or in part, by other entities, shall be considered to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of the entity is owned directly or indirectly by the individuals that own the family farm.
(b) Direct loans
(1) In general
Subject to paragraph (3), the Secretary may make a direct loan under this subchapter only to a farmer or rancher who has participated in the business operations of a farm or ranch for not less than 3 years or has other acceptable experience for a period of time, as determined by the Secretary, and-
(A) is a qualified beginning farmer or rancher;
(B) has not received a previous direct farm ownership loan made under this subchapter; or
(C) has not received a direct farm ownership loan under this subchapter more than 10 years before the date the new loan would be made.
(2) Youth loans
The operation of an enterprise by a youth under section 1941(b) of this title shall not be considered the operation of a farm or ranch for purposes of paragraph (1).
(3) Transition rule
(A) In general
Subject to subparagraphs (B) and (C), the Secretary may make a direct loan under this subchapter to a farmer or rancher who has a direct loan outstanding under this subchapter on April 4, 1996.
(B) Less than 5 years
If, as of April 4, 1996, a farmer or rancher has had a direct loan outstanding under this subchapter for less than 5 years, the Secretary shall not make a loan to the farmer or rancher under subparagraph (A) after the date that is 10 years after April 4, 1996.
(C) 5 years or more
If, as of April 4, 1996, a farmer or rancher has had a direct loan outstanding under this subchapter for 5 years or more, the Secretary shall not make a loan to the farmer or rancher under subparagraph (A) after the date that is 5 years after April 4, 1996.
Beginning with fiscal year 2000 not later than 12 months before a borrower will become ineligible for direct loans under this subchapter by reason of this paragraph, the Secretary shall notify the borrower of such impending ineligibility.
(4) Waiver authority
In the case of a qualified beginning farmer or rancher, the Secretary may-
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