United States Code · Section
§ 1989 — Rules And Regulations
7 U.S.C. § 1989
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(a) The Secretary is authorized to make such rules and regulations, prescribe the terms and conditions for making or insuring loans, security instruments and agreements, except as otherwise specified herein, and make such delegations of authority as he deems necessary to carry out this chapter.
(b) Notwithstanding subsection (a), in providing farmer program loan guarantees under this chapter, the Secretary shall consider the income of the borrower adequate if the income is equal to or greater than the income necessary—
(1) to make principal and interest payments on all debt obligations of the borrower, in a timely manner;
(2) to cover the necessary living expenses of the family of the borrower; and
(3) to pay all other obligations and expenses of the borrower not financed through debt obligations referred to in paragraph (1).
(1) The Secretary shall establish a program under which the Secretary shall guarantee loans for any purpose specified in subchapter II that are made by lending institutions certified by the Secretary.
(2) The Secretary shall certify a lending institution that meets such criteria as the Secretary may prescribe in regulations, including the ability of the institution to properly make, service, and liquidate the loans of the institution.
(3) As a condition of the certification, the Secretary shall require the institution to undertake to service the loans guaranteed by the Secretary under this subsection, using standards that are not less stringent than generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. The Secretary shall, at least annually, monitor the performance of each certified lender to ensure that the conditions of the certification are being met.
(4) Notwithstanding any other provision of law:
(A) The Secretary shall guarantee 80 percent of a loan made under this subsection by a certified lending institution as described in paragraph (1), subject to county committee certification that the borrower of the loan meets the eligibility requirements and such other criteria as may be applicable to loans guaranteed by the Secretary under other provisions of this chapter.
(B) With respect to loans to be guaranteed by the Secretary under this subsection, the Secretary shall permit certified lending institutions to make appropriate certifications (as provided by regulations issued by the Secretary)—
(i) relating to issues such as creditworthiness, repayment ability, adequacy of collateral, and feasibility of farm operation; and
(ii) that the borrower is in compliance with all requirements of law, including regulations issued by the Secretary.
(C) The Secretary shall approve or disapprove a guarantee not later than 14 calendar days after the date that the lending institution applied to the Secretary for the guarantee. If the Secretary rejects the loan application within the 14-day period, the Secretary shall state, in writing, all of the reasons the application was rejected.
(5) Neither this subsection nor subsection (d) shall affect the responsibility of the Secretary to certify eligibility, review financial information, and otherwise assess an application.
(1) Commencing not later than two years after October 28, 1992, the Secretary shall establish a Preferred Certified Lenders Program for lenders who establish their—
(A) knowledge of, and experience under, the program established under subsection (c);
(B) knowledge of the regulations concerning the guaranteed loan program; and
(C) proficiency related to the certified lender program requirements.
(2) The designation of a lender as a Preferred Certified Lender shall be revoked at any time that the Secretary determines that such lender is not adhering to the rules and regulations applicable to the program or if the loss experiences of a Preferred Certified Lender are excessive as compared to other Preferred Certified Lenders, except that such suspension or revocation shall not affect any outstanding guarantee.
(3) As a condition of such preferred certification, the Secretary shall require the institution to undertake to service the loans guaranteed by the Secretary under this subsection using generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. The Secretary shall, at least annually, monitor the performance of each Preferred Certified Lender to ensure that the conditions of such certification are being met.
(4) Notwithstanding any other provision of law, the Secretary shall—
(A) guarantee 80 percent of an approved loan made by a certified lending institution as described in this subsection, subject to county committee certification that the borrower meets the eligibility requirements or such other criteria as may be applicable to loans guaranteed by the Secretary under other provisions of this chapter;
(B) permit certified lending institutions to make all decisions, with respect to loans to be guaranteed by the Secretary under this subsection relating to credit worthiness, the closing, monitoring, collection and liquidation of loans, and to accept appropriate certifications, as provided by regulations issued by the Secretary, that the borrower is in compliance with all requirements of law or regulations promulgated by the Secretary; and
(C) be deemed to have guaranteed 80 percent of a loan made by a preferred certified lending institution as described in paragraph (1), if the Secretary fails to approve or reject the application of such institution within 14 calendar days after the date that the lending institution presented the application to the Secretary. If the Secretary rejects the application within the 14-day period, the Secretary shall state, in writing, the reasons the application was rejected.
(e) The Secretary may administer the loan guarantee programs under subsections (c) and (d) through central offices established in States or in multi-State areas.
Implementing Regulations
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§ 1806.2 Companies and policies.7 C.F.R. § 1806.2
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§ 1806.6 Failure of borrower to provide insurance.7 C.F.R. § 1806.6
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§ 1948.92 Grant approval and fund obligation.7 C.F.R. § 1948.92
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§ 1822.267 Special conditions.7 C.F.R. § 1822.267
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§ 5001.1 General.7 C.F.R. § 5001.1
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PART 769—FARM LOAN PROGRAMS RELENDING PROGRAMS7 C.F.R. pt. 769
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PART 4287—SERVICING7 C.F.R. pt. 4287
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PART 1900—GENERAL7 C.F.R. pt. 1900
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Subpart A—Real Property Insurance7 C.F.R. pt. 1806, subpt. A
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PART 766—DIRECT LOAN SERVICING—SPECIAL7 C.F.R. pt. 766
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PART 3565—GUARANTEED RURAL RENTAL HOUSING PROGRAM7 C.F.R. pt. 3565
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PART 4288—PAYMENT PROGRAMS7 C.F.R. pt. 4288
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PART 1901—PROGRAM-RELATED INSTRUCTIONS7 C.F.R. pt. 1901
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PART 1940—GENERAL7 C.F.R. pt. 1940
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PART 768—EQUITABLE RELIEF7 C.F.R. pt. 768
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PART 765—DIRECT LOAN SERVICING—REGULAR7 C.F.R. pt. 765
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PART 764—DIRECT LOAN MAKING7 C.F.R. pt. 764
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Subpart F—Procedures for the Protection of Historical and Archeological Properties7 C.F.R. pt. 1901, subpt. F
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Subpart K—Certificates of Beneficial Ownership and Insured Notes7 C.F.R. pt. 1901, subpt. K
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PART 1962—PERSONAL PROPERTY7 C.F.R. pt. 1962
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PART 1955—PROPERTY MANAGEMENT7 C.F.R. pt. 1955
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PART 2045—GENERAL7 C.F.R. pt. 2045
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PART 1780—WATER AND WASTE LOANS AND GRANTS7 C.F.R. pt. 1780
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PART 1980—GENERAL7 C.F.R. pt. 1980
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PART 1902—SUPERVISED BANK ACCOUNTS7 C.F.R. pt. 1902
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PART 1942—ASSOCIATIONS7 C.F.R. pt. 1942
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PART 761—FARM LOAN PROGRAMS; GENERAL PROGRAM ADMINISTRATION7 C.F.R. pt. 761
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PART 767—INVENTORY PROPERTY MANAGEMENT7 C.F.R. pt. 767
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PART 1956—DEBT SETTLEMENT7 C.F.R. pt. 1956
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PART 1951—SERVICING AND COLLECTIONS7 C.F.R. pt. 1951
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PART 785—CERTIFIED MEDIATION PROGRAM7 C.F.R. pt. 785
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PART 1778—EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS7 C.F.R. pt. 1778
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PART 1925—TAXES7 C.F.R. pt. 1925
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PART 763—LAND CONTRACT GUARANTEE PROGRAM7 C.F.R. pt. 763
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PART 1810—INTEREST RATES, TERMS, CONDITIONS, AND APPROVAL AUTHORITY7 C.F.R. pt. 1810
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PART 4279—GUARANTEED LOANMAKING7 C.F.R. pt. 4279
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PART 4284—GRANTS7 C.F.R. pt. 4284
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Subpart B—National Flood Insurance7 C.F.R. pt. 1806, subpt. B
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PART 762—GUARANTEED FARM LOANS7 C.F.R. pt. 762
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PART 1806—INSURANCE7 C.F.R. pt. 1806
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PART 4290—RURAL BUSINESS INVESTMENT COMPANY (“RBIC”) PROGRAM7 C.F.R. pt. 4290
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PART 1965—REAL PROPERTY7 C.F.R. pt. 1965
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PART 4280—LOANS AND GRANTS7 C.F.R. pt. 4280
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Subpart E—Civil Rights Compliance Requirements7 C.F.R. pt. 1901, subpt. E
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Subpart C—Servicing Accounts of Borrowers Entering the Armed Forces7 C.F.R. pt. 1950, subpt. C
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PART 772—SERVICING MINOR PROGRAM LOANS7 C.F.R. pt. 772
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PART 1775—TECHNICAL ASSISTANCE GRANTS7 C.F.R. pt. 1775
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PART 771—BOLL WEEVIL ERADICATION LOAN PROGRAM7 C.F.R. pt. 771
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PART 1927—TITLE CLEARANCE AND LOAN CLOSING7 C.F.R. pt. 1927
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PART 4274—DIRECT AND INSURED LOANMAKING7 C.F.R. pt. 4274
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PART 3570—COMMUNITY PROGRAMS7 C.F.R. pt. 3570
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§ 1b.4 Categorical exclusion of USDA subcomponents and actions.7 C.F.R. § 1b.4