7 USC 1936c - Relending program to resolve ownership and succession on farmland

U.S Code last checked for updates: Nov 25, 2024

§ 1936c.

Relending program to resolve ownership and succession on farmland

(a)

In general

(b)

Eligible entities

Entities eligible for loans described in subsection (a) are cooperatives, credit unions, and nonprofit organizations with—

(1)

certification under section 1805.201 of title 12, Code of Federal Regulations (or successor regulations), to operate as a lender;

(2)

experience assisting socially disadvantaged farmers and ranchers (as defined in subsection (a) of section 2279 of this title) or limited resource or new and beginning farmers and ranchers, rural businesses, cooperatives, or credit unions, including experience in making and servicing agricultural and commercial loans; and

(3)

the ability to provide adequate assurance of the repayment of a loan.

(c)

Eligible purposes

(d)

Preference

In making loans under subsection (a), the Secretary shall give preference to eligible entities—

(1)

with not less than 10 years of experience serving socially disadvantaged farmers and ranchers; and

(2)

in States that have adopted a statute consisting of an enactment or adoption of the Uniform Partition of Heirs Property Act, as approved and recommended for enactment in all States by the National Conference of Commissioners on Uniform State Laws in 2010, that relend to owners of heirs property (as defined in that Act).

(e)

Loan terms and conditions

The following terms and conditions shall apply to loans made under this section:

(1)

The interest rate at which intermediaries may borrow funds under this section shall be determined by the Secretary.

(2)

The rates, terms, and payment structure for borrowers to which intermediaries lend shall be—

(A)

determined by the intermediary in an amount sufficient to cover the cost of operating and sustaining the revolving loan fund; and

(B)

clearly and publicly disclosed to qualified ultimate borrowers.

(3)

Borrowers to which intermediaries lend shall be—

(A)

required to complete a succession plan as a condition of the loan; and

(B)

be offered the opportunity to borrow sufficient funds to cover costs associated with the succession plan under subparagraph (A) and other associated legal and closing costs.

(f)

Report

(g)

Authorization of appropriations

(Pub. L. 87–128, title III, § 310I, as added Pub. L. 115–334, title V, § 5104, Dec. 20, 2018, 132 Stat. 4669.)

cite as: 7 USC 1936c