Federal Register - August 9, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations
responsible Agency or USDA TARGET
Center at 202 7202600 voice and TTY or contact USDA through the Federal Relay Service at 800 8778339.
Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD
3027, found online at https
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call 866 6329992.
Submit your completed form or letter to USDA by mail to: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, DC 202509410 or email: OAC@
usda.gov.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects 7 CFR Part 761
Accounting, Loan Programs Agriculture, Rural areas.
7 CFR Part 762
Agriculture, Banks, Banking, Credit, Loan ProgramsAgriculture.
7 CFR Part 764
Agriculture, Credit, Loan programs Agriculture.
7 CFR Part 765
Agriculture, Agricultural commodities, Credit, Livestock, Loan ProgramsAgriculture.
7 CFR Part 766
Agriculture, Agricultural commodities, Credit, Livestock, Loan ProgramsAgriculture.
7 CFR Part 769
Loan programAgriculture, Land.
For the reasons discussed above, FSA
amends 7 CFR chapter VII as follows:
PART 761FARM LOAN PROGRAMS;
GENERAL PROGRAM
ADMINISTRATION
1. The authority citation for part 761
continues to read as follows:
lotter on DSK11XQN23PROD with RULES1
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
Subpart AGeneral Provisions 2. Amend 761.2:
a. In paragraph a, by adding an entry for the acronym HPRP in alphabetical order; and
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b. In paragraph b:
i. By removing the definition of Downpayment loan;
ii. By adding in alphabetical order a definition for Down payment loan;
iii. In the definition of Family farm, in paragraphs 2iA and 2iiA, by removing the words borrower and and adding borrower, with input and assistance allowed from in their place;
and iv. By adding in alphabetical order definitions for Heirs property; HPRP
loan agreement, HPRP loan funds;
HPRP revolving loan fund;
Intermediary; Non-monetary default; Revolved funds;
Succession plan; Ultimate recipient; and Undivided ownership interest.
The additions read as follows:
761.2
Abbreviations and definitions.
a
HPRP The Heirs Property Relending Program.
b
Down payment loan is a type of FO
loan made to beginning farmers and socially disadvantaged farmers to finance a portion of a real estate purchase under part 764, subpart E of this chapter.
Heirs property means a farm that is jointly held by multiple heirs as tenants in common as a result of inheriting title from a relative.
HPRP loan agreement means the signed agreement between FSA and the intermediary that specifies the terms and conditions of the HPRP loan.
HPRP loan funds means cash proceeds of a loan obtained through HPRP, including the portion of an HPRP
revolving loan fund directly provided by the HPRP loan as well as the proceeds advanced to an ultimate recipient. HPRP loan funds are Federal funds.
HPRP revolving loan fund means a group of assets, obtained through or related to an HPRP loan and recorded by the intermediary in a bookkeeping account or set of accounts and accounted for, along with related liabilities, revenues, and expenses, as an entity or enterprise separate from the intermediarys other assets and financial activities.
Intermediary means the entity requesting or receiving HPRP loan funds for establishing a revolving loan fund and relending to ultimate recipients.
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Non-monetary default means a situation where a borrower is not in compliance with the covenants or requirements of the loan documents, program requirements, or loan.
Revolved funds means the cash portion of an HPRP revolving loan fund that is not composed of HPRP loan funds, including funds that are repayments of HPRP loans and including fees and interest collected on such loans.
Succession plan means a general plan to address the continuation of the farm, which may include specific intra-family succession agreements or strategies to address business asset transfer planning to create opportunities for farmers and ranchers.
Ultimate recipient means an entity or individual that receives a loan from an intermediaries HPRP revolving loan fund.
Undivided ownership interest means a common interest in the whole parcel of land that is owned by two or more people. Undivided ownership interest does not include those who own a specific piece of a parcel of land; rather they own a percentage interest in a parcel of land as a whole.
761.7
Amended
3. Amend 761.7 in paragraphs c1
introductory text and c2 by removing the number 12 and adding the number 18 in its place.
761.8
Amended
4. Amend 761.8 in paragraph a1
introductory text by removing the word Downpayment and adding the words Down payment in its place.
Subpart BSupervised Bank Accounts 5. Amend 761.51 by revising paragraph a1 to read as follows:
761.51 Establishing a supervised bank account.
a
1 Assure correct use of funds are planned and released for capital purchases, construction projects, site development work, debt refinancing, or proceeds from the sale of basic security, and perfection of the Agencys security interest in assets purchased or refinanced when electronic funds transfer or treasury check processes are not practicable;
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