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7 U.S.C. § 1981f — Planting and production history guidelines

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1981f — Planting and production history guidelines

**(a) In general** The Secretary shall ensure that appropriate procedures, including to the extent practicable onsite inspections, or use of county or State yield averages, are used in calculating future yields for an applicant for a loan, when an accurate projection cannot be made because the applicant’s past production history has been affected by natural disasters declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.). **(b) Calculation of yields** (1) **In general** — For purposes of averaging past yields of the farm of a borrower or applicant over a period of crop years to calculate future yields for the farm under this chapter (except for loans under subchapter III), the Secretary shall permit the borrower or applicant to exclude the crop year with the lowest actual or county average yield for the farm from the calculation, if the borrower or applicant was affected by a disaster during at least 2 of the crop years during the period. (2) **Affected by a disaster** — For purposes of paragraph (1), a borrower or applicant was affected by a disaster if the Secretary finds that the borrower or applicant’s farming operations have been substantially affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.), including a borrower or applicant who has a qualifying loss but is not located in a designated or declared disaster area. (3) **Application of subsect

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Source file: Laws/federal/codes/united-states-code/title-7/section-1981f-planting-and-production-history-guidelines--9322a6f963.md
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Source location: Title 7, Chapter 50, § 1981f; chapter-050-agricultural-credit.md

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**(a) In general** The Secretary shall ensure that appropriate procedures, including to the extent practicable onsite inspections, or use of county or State yield averages, are used in calculating future yields for an applicant for a loan, when an accurate projection cannot be made because the applicant’s past production history has been affected by natural disasters declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.). **(b) Calculation of yields** (1) **In general** — For purposes of averaging past yields of the farm of a borrower or applicant over a period of crop years to calculate future yields for the farm under this chapter (except for loans under subchapter III), the Secretary shall permit the borrower or applicant to exclude the crop year with the lowest actual or county average yield for the farm from the calculation, if the borrower or applicant was affected by a disaster during at least 2 of the crop years during the period. (2) **Affected by a disaster** — For purposes of paragraph (1), a borrower or applicant was affected by a disaster if the Secretary finds that the borrower or applicant’s farming operations have been substantially affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.), including a borrower or applicant who has a qualifying loss but is not located in a designated or declared disaster area. (3) **Application of subsection** — Paragraph (1) shall apply to all actions taken by the Secretary to carry out this chapter (except for loans under subchapter III) that involve the yields of a farm of a borrower or applicant, including making loans and loan guarantees, servicing loans, and making credit sales.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1921 — Repealed. Pub. L. 110–234, title VI, § 6002(b), May 22, 2008, 122 Stat. 1162, and Pub. L. 110–246, § 4(a), title VI, § 6002(b), June 18, 2008, 122 Stat. 1664, 1923

### Statutory Notes Section 2009ee, Pub. L. 107–171, title VI, § 6301, May 13, 2002, 116 Stat. 421, defined terms. Section 2009ee–1, Pub. L. 107–171, title VI, § 6302, May 13, 2002, 116 Stat. 422, related to SEARCH grant program. See [section 1926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1926&num=0&edition=prelim). Section 2009ee–2, Pub. L. 107–171, title VI, § 6303, May 13, 2002, 116 Stat. 424, related to annual report on projects. Section 2009ee–3, Pub. L. 107–171, title VI, § 6304, May 13, 2002, 116 Stat. 424, related to funding. #### Codification Pub. L. 110–234 and Pub. L. 110–246 repealed this subchapter. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. #### Effective Date of Repeal Repeal of this subchapter and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1982 — Underwriting forms and standards

In the administration of this chapter, the Secretary shall, to the extent practicable, use underwriting forms, standards, practices, and terminology similar to the forms, standards, practices, and terminology used by lenders in the private sector.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2001a — Debt restructuring and loan servicing

**(a) In general** The Secretary shall modify delinquent farmer program loans made or insured under this chapter, or purchased from the lender or the Federal Deposit Insurance Corporation under [section 1929b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1929b&num=0&edition=prelim), to the maximum extent possible— (1) to avoid losses to the Secretary on such loans, with priority consideration being placed on writing-down the loan principal and interest (subject to subsections (d) and (e)), and debt set-aside (subject to subsection (e)), whenever these procedures would facilitate keeping the borrower on the farm or ranch, or otherwise through the use of primary loan service programs as provided in this section; and (2) to ensure that borrowers are able to continue farming or ranching operations. **(b) Eligibility** To be eligible to obtain assistance under subsection (a)— (1) the delinquency must be due to circumstances beyond the control of the borrower, as defined in regulations issued by the Secretary, except that the regulations shall require that, if the value of the assets calculated under subsection (c)(2)(A)(ii) that may be realized through liquidation or other methods would produce enough income to make the delinquent loan current, the borrower shall not be eligible for assistance under subsection (a); (2) the borrower must have acted in good faith with the Secretary in connection with the loan as defined in regulations issued by the Secretary; (3) the borrower must present a preliminary plan to the Secretary that contains reasonable assumptions that demonstrate that the borrower will be able to— (A) meet the necessary family living and farm operating expenses; and (B) service all debts, including those of

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2001a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

Page 6354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5121 Sec. 5165g. National veterinary emergency teams. SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS 5170. Procedure for declaration. 5170a. General Federal assistance. 5170b. Essential assistance. 5170c. Hazard mitigation. 5171. Federal facilities. 5172. Repair, restoration, and replacement of dam- aged facilities. 5173. Debris removal. 5174. Federal assistance to individuals and house- holds. 5174a. Flexibility. 5174b. Critical document fee waiver. 5175, 5176. Repealed. 5177. Unemployment assistance. 5177a. Emergency grants to assist low-income mi- grant and seasonal farmworkers. 5178. Repealed. 5179. Benefits and distribution. 5180. Food commodities. 5181. Relocation assistance. 5182. Legal services. 5183. Crisis counseling assistance and training. 5184. Community disaster loans. 5185. Emergency communications. 5186. Emergency public transportation. 5187. Fire management assistance. 5188. Timber sale contracts. 5189. Simplified procedure. 5189a. Appeals of assistance decisions. 5189b. Date of eligibility; expenses incurred before date of disaster. 5189c. Transportation assistance to individuals and households. 5189d. Case management services. 5189e. Essential service providers. 5189f. Public assistance program alternative proce- dures. 5189g. Unified Federal review. 5189h. Agency accountability. SUBCHAPTER IV–A—EMERGENCY ASSISTANCE PROGRAMS 5191. Procedure for declaration. 5192. Federal emergency assistance. 5193. Amount of assistance. SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS 5195. Declaration of policy. 5195a. Definitions. 5195b. Administration of subchapter. 5195c. Critical infrastructures protection. PART A—POWERS AND DUTIES

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1981f — Underwriting forms and standards

Page 1129 TITLE 7—AGRICULTURE § 1982 erage yield for the farm from the calculation, if the borrower or applicant was affected by a disaster during at least 2 of the crop years dur- ing the period. (2) Affected by a disaster For purposes of paragraph (1), a borrower or applicant was affected by a disaster if the Sec- retary finds that the borrower or applicant’s farming operations have been substantially af- fected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5121 et seq.), including a borrower or applicant who has a qualifying loss but is not located in a designated or de- clared disaster area. (3) Application of subsection Paragraph (1) shall apply to all actions taken by the Secretary to carry out this chap- ter (except for loans under subchapter III) that involve the yields of a farm of a borrower or applicant, including making loans and loan guarantees, servicing loans, and making credit sales. (Pub. L. 87–128, title III, § 331E, as added Pub. L. 100–233, title VI, § 606, Jan. 6, 1988, 101 Stat. 1667; amended Pub. L. 102–237, title V, § 501(d)(1), Dec. 13, 1991, 105 Stat. 1866; Pub. L. 102–552, title V, § 516(g)(1), Oct. 28, 1992, 106 Stat. 4138.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsecs. (a) and (b)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. This chapter, referred to

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1981f

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