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7 U.S.C. § 1985 — Taxation

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

7 U.S.C. § 1985 — Taxation

All property subject to a lien held by the United States or the title to which is acquired or held by the Secretary under this chapter other than property used for administrative purposes shall be subject to taxation by State, territory, district, and local political subdivisions in the same manner and to the same extent as other property is taxed: Provided, however, That no tax shall be imposed or collected on or with respect to any instrument if the tax is based on— (1) the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary; (2) any notes or lien instruments administered under this chapter which are made, assigned, or held by a person otherwise liable for such tax; or (3) the value of any property conveyed or transferred to the Secretary, whether as a tax on the instrument, the privilege of conveying or transferring or the recordation thereof; nor shall the failure to pay or collect any such tax be a ground for refusal to record or file such instruments, or for failure to impart notice, or prevent the enforcement of its provisions in any State or Federal court.

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Stable record: federal_law:legal_authorities:record_usc_e683913c694c364cdf5e6fea
Source file: Laws/federal/codes/united-states-code/title-7/section-1985-taxation--55321aeffd.md
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Source location: Title 7, Chapter 50, § 1985; chapter-050-agricultural-credit.md

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All property subject to a lien held by the United States or the title to which is acquired or held by the Secretary under this chapter other than property used for administrative purposes shall be subject to taxation by State, territory, district, and local political subdivisions in the same manner and to the same extent as other property is taxed: Provided, however, That no tax shall be imposed or collected on or with respect to any instrument if the tax is based on— (1) the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary; (2) any notes or lien instruments administered under this chapter which are made, assigned, or held by a person otherwise liable for such tax; or (3) the value of any property conveyed or transferred to the Secretary, whether as a tax on the instrument, the privilege of conveying or transferring or the recordation thereof; nor shall the failure to pay or collect any such tax be a ground for refusal to record or file such instruments, or for failure to impart notice, or prevent the enforcement of its provisions in any State or Federal court.

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1921

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

7 U.S.C. § 1986 — Security servicing

**(a) Preservation and protection of security, lien, or priority of lien securing loan** The Secretary is authorized and empowered to make advances, without regard to any loan or total indebtedness limitation, to preserve and protect the security for or the lien or priority of the lien securing any loan or other indebtedness owing to, insured by, or acquired by the Secretary under this chapter or under any other programs administered by the Farmers Home Administration or the Rural Development Administration; to bid for and purchase at any execution, foreclosure, or other sale or otherwise to acquire property upon which the United States has a lien by reason of a judgment or execution arising from, or which is pledged, mortgaged, conveyed, attached, or levied upon to secure the payment of, any such indebtedness whether or not such property is subject to other liens, to accept title to any property so purchased or acquired; and to sell, manage, or otherwise dispose of such property as hereinafter provided. **(b) Operation or lease of realty** Except as provided in subsections (c) and (e), real property administered under the provisions of this chapter may be operated or leased by the Secretary for such period or periods as the Secretary may deem necessary to protect the Government’s investment therein. **(c) Sale of property** (1) **In general** — Subject to this subsection and subsection (e)(1)(A), the Secretary shall offer to sell real property that is acquired by the Secretary under this chapter using the following order and method of sale: (A) *Advertisement* — Not later than 15 days after acquiring real property, the Secretary shall publicly advertise the property for sale. (B) *Beginning farmer or rancher; socially disadvantaged farmer or rancher* (i)

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1986

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

7 U.S.C. § 1992 — Definitions

**(a)** As used in this chapter: (1) The term “farmer” includes a person who is engaged in, or who, with assistance afforded under this chapter, intends to engage in, fish farming. (2) The term “farming” shall be deemed to include fish farming. (3) The term “owner-operator” shall include in the State of Hawaii the lessee-operator of real property in any case in which the Secretary determines that such real property cannot be acquired in fee simple by such lessee-operator, that adequate security is provided for the loan with respect to such real property for which such lessee-operator applies under this chapter, and that there is a reasonable probability of accomplishing the objectives and repayment of such loan. (4) The word “insure” as used in this chapter includes guarantee, which means to guarantee the payment of a loan originated, held, and serviced by a private financial agency or other lender approved by the Secretary. (5) The term “contract of insurance” includes a contract of guarantee. (6) The terms “United States” and “State” shall include each of the several States, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and, to the extent the Secretary determines it to be feasible and appropriate, the Trust Territory of the Pacific Islands. (7) The term “joint operation” means a joint farming operation in which two or more farmers work together sharing equally or unequally land, labor, equipment, expenses, and income. (8) The term “beginning farmer or rancher” means such term as defined by the Secretary. (9) The term “direct loan” means a loan made or insured from funds in the account created by [section 1929 of this title](https://uscode.house.gov/view.xhtml?r

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1992

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

7 U.S.C. § 2001 — Homestead protection

**(a) Definitions** As used in this section: (1) The term “Administrator” means the Administrator of the Small Business Administration. (2) The term “borrower-owner” means— (A) a borrower of a loan made or insured by the Secretary or the Administrator who meets the eligibility requirements of subsection (c)(1); or (B) in any case in which an owner of homestead property pledged the property to secure the loan and the owner is different than the borrower, the owner. (3) The term “farm program loan” means any loan made by the Administrator under the Small Business Act ([15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.) for any of the purposes authorized for loans under subchapters 11 So in original. Probably should be “subchapter”. I or II. (4) The term “homestead property” means the principal residence and adjoining property possessed and occupied by a borrower-owner specified in paragraph (2) of this subsection, including a reasonable number of farm outbuildings located on the adjoining land that are useful to the occupants of the homestead, and no more than 10 acres of adjoining land that is used to maintain the family of the individual. (5) The term “Secretary” means the Secretary of Agriculture. **(b) Occupancy of homestead upon foreclosure, bankruptcy, or liquidation; appraisal; period of occupancy** (1) The Secretary or the Administrator shall, on application by a borrower-owner who meets the eligibility requirements of subsection (c)(1), permit the borrower-owner to retain possession and occupancy of homestead property under the terms set forth, and until the action described in this section has been completed, if— (A) the Secretary forecloses, holds in inventory on January

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

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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

7 U.S.C. § 2003 — Transfer of inventory lands

**(a) In general** Subject to subsection (b), the Secretary may transfer to any Federal or State agency, for conservation purposes any real property, or interest therein, administered by the Secretary under this Act— (1) with respect to which the rights of all prior owners and operators have expired; (2) that is eligible to be disposed of in accordance with [section 1985 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1985&num=0&edition=prelim); and (3) that— (A) has marginal value for agricultural production; (B) is environmentally sensitive; or (C) has special management importance. **(b) Conditions** The Secretary may not transfer any property or interest in property under subsection (a) unless— (1) at least 2 public notices are given of the transfer; (2) if requested, at least 1 public meeting is held prior to the transfer; and (3) the Governor and at least 1 elected county official of the State and county where the property is located are consulted prior to the transfer.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2003

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

7 U.S.C. § 1985 — Security servicing

Page 1138 TITLE 7—AGRICULTURE § 1985 or held by the Secretary under this chapter other than property used for administrative pur- poses shall be subject to taxation by State, ter- ritory, district, and local political subdivisions in the same manner and to the same extent as other property is taxed: Provided, however, That no tax shall be imposed or collected on or with respect to any instrument if the tax is based on— (1) the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary; (2) any notes or lien instruments adminis- tered under this chapter which are made, as- signed, or held by a person otherwise liable for such tax; or (3) the value of any property conveyed or transferred to the Secretary, whether as a tax on the instrument, the privi- lege of conveying or transferring or the recorda- tion thereof; nor shall the failure to pay or col- lect any such tax be a ground for refusal to record or file such instruments, or for failure to impart notice, or prevent the enforcement of its provisions in any State or Federal court. (Pub. L. 87–128, title III, § 334, Aug. 8, 1961, 75 Stat. 315.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 1921 of this title and Tables. § 1985. Security servicing (a) Preservation and protection of security, lien, or priority of lien securing loan The Secretary is authorized and empowered to make advances, without regard to any loan or total inde

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1985

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