[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Notices]
[Pages 16461-16462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9201]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
Farm Service Agency County Committees; Farm Credit Programs Loan
Eligibility Determinations
AGENCY: Farm Service Agency, USDA.
ACTION: Notice.
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SUMMARY: The Farm Service Agency (FSA) is announcing that its county
and area committees will review all Farm Credit Programs direct and
guaranteed loan applications and certain servicing requests for
eligibility in accordance with applicable FSA regulations.
FOR FURTHER INFORMATION CONTACT: Chuck Ropp, FSA, Senior Loan Officer,
Direct Loan Making Branch, USDA, AG Box Code 0522, Room 5428-South,
14th and Independence SW., Washington, DC 20250, Telephone: 202-690-
4017.
SUPPLEMENTARY INFORMATION: Section 226 of the Department of Agriculture
Reorganization Act of 1994 (Public Law 103-354) (the Act) transferred
the farmer programs loan functions of the Farmers Home Administration
(FmHA), and all the functions of the Agricultural Stabilization and
Conservation Service (ASCS) to what is now the FSA. In addition,
section 227 of the Act abolished the former FmHA county committees by
removing section 332 and part of Sec. 333 of the Consolidated Farm and
Rural Development Act (CONACT) (7 U.S.C. 1982 and 1983). Section 227 of
the Act also amended section 8(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)) concerning State, county and area
committees. In part, the amendment requires the Secretary of
Agriculture to establish a county or area committee in each county or
area in which activities are carried out under section 227 of the Act.
The Secretary must use the services of such committees in carrying out
programs under section 227, the agriculture credit programs under the
CONACT, and in considering administrative appeals. The Secretary may
also use the services of such committees in carrying out programs under
other authorities administered by the Secretary.
Under this authority, FSA will use FSA county or area committees to
make the eligibility determinations related to Farm Credit Programs
direct and guaranteed loan making and servicing that were made by FmHA
county committees prior to passage of the Act. No changes are made to
the substantive rights or duties of borrowers, applicants, or lenders.
The following FSA regulations discuss the new role of the FSA county
and area committees:
7 CFR part 1900, subpart D, Sec. 1900.155(b) (processing loan
assistance to employees, relatives and associates).
7 CFR part 1910, subpart A, Secs. 1910.4 (processing applications)
and 1910.6(a) and (b) (notification of applicant).
7 CFR part 1924, subpart B, Sec. 1924.74(b) (borrower training).
7 CFR part 1941, subpart A, Secs. 1941.15(e), (h), and (k) (special
beginning farmer OL loan assistance), 1941.30 (county committee
certification), and 1941.33 (b) (loan approval or disapproval).
7 CFR part 1943, subpart A, Secs. 1943.30 (county committee
certification) and 1943.33(b) (loan approval or disapproval).
7 CFR part 1943, subpart B, Secs. 1943.80 (county committee
certification) and 1943.83 (b) (loan approval or disapproval).
7 CFR part 1945, subpart D, Secs. 1945.180 (county committee
certification) and 1945.183(b) (loan approval or disapproval).
7 CFR part 1951, subpart F, Secs. 1951.254(d) and 1951.261(b)(2),
(e)(4), (e)(7), and (g)(4) (graduation).
7 CFR part 1951, subpart J, Sec. 1951.463(e) (county committee
actions on Farmer 7 CFR part 1951, subpart S, Secs. 1951.903(b)
(recommendation for debt settlement), 1951.909(a)(3) (borrower
training), 1951.911(a) (leaseback/buyback), and 1951.914 (recapture
under Shared Appreciation Agreement).
7 CFR part 1955, subpart A, Sec. 1955.10(f)(2) (release from
liability).
7 CFR part 1955, subpart B, Secs. 1955.53 (``Suitable property''),
1955.63 (suitability determination), and 1955.66(h)(4) (lease of farm
property).
7 CFR part 1955, subpart C, Secs. 1955.103 (``Suitable property''),
1955.107(d) and (f) (sale of suitable property), 1955.108 introduction
(sale of
[[Page 16462]]
surplus property), and 1955.140 (sale in parcels).
7 CFR part 1956, subpart B, Secs. 1956.57(f) (county committee
review of debt settlement proposals), 1956.84 (approval or rejection),
and 1956.96 (delinquent adjustment agreements).
7 CFR part 1962, subpart A, Secs. 1962.34 (transfer of chattel
security and assumption of debt), 1941.41(e) and (f), and 1941.46(g)(5)
(release of liability).
7 CFR part 1965, subpart A, Secs. 1965.12(a)(9) (subordination),
1962.26(f)(5)(i) (cash sales; release of liability), and
1965.27(b)(19), (f), and (g)(6) (transfer of real estate security).
7 CFR part 1980, subpart B, Secs. 1980.114, 1980.115 (review of
guaranteed loan applications), 1980.176 (e), (h), and (k) (special
beginning farmers or rancher OL loan assistance), and 1980.191(b)
(borrower training).
References in these regulations to the following requirements will
not be carried out by the FSA county or area committees: the 5 or 15
day deadline for holding county committee meetings, the eligibility
requirements that the applicant has the character, industry, and
ability to carry out the proposed operations and will honestly endeavor
to carry out its undertakings and obligations, and the provisions for
5-year eligibility certification. These policies were based on sections
332(e) and 333(2) of the CONACT that were abolished by section 227 of
the Act. The outdated references will be removed by separate rule in
the Federal Register.
The regulations at 7 CFR part 2054, subpart W concerning the
employment, pay, and functions of FmHA county or area committees do not
apply to county and area committees authorized under section 8(b) of
the Soil Conservation and Domestic Allotment Act. The selection and
functions of FSA State, county, and area committees are governed by
regulations at 7 CFR part 7 as consistent with section 227 of the Act.
Signed at Washington, D.C., on April 8, 1996.
Bruce R. Weber,
Acting Administrator, Farm Service Agency.
[FR Doc. 96-9201 Filed 4-12-96; 8:45 am]
BILLING CODE 3410-05-P
