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TITLE 7-AGRICULTURE

8 1994

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CONSTRUCTION OF 1990 AMENDMENT Section 702(h)(2) of Pub. L. 102-237, as amended by Pub. L. 102-552, title V, $ 516(k), Oct. 28, 1992, 106 Stat. 4139, provided that: “The Consolidated Farm and Rural Development Act (see Short Title note set out under section 1921 of this title) shall be applied and administered as if the amendment made by section 2388(h)(3) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Pub. L. 101-624, amending this section) had never been enacted."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1985 of this title; title 25 section 492.

$ 1994. Maximum amounts for loans authorized; longterm cost projections

(See main edition for text of (a)] (b) Maximum amounts for loans under Agricultural

Credit Insurance Fund for fiscal years 1991

through 1995 (1) For each of the fiscal years 1991 through 1995, real estate and operating loans may be insured, made to be sold and insured, or guaranteed in accordance with subchapters I and II of this chapter, respectively, from the Agricultural Credit Insurance Fund established under section 1929 of this title in amounts equal to the following levels:

(A) For fiscal year 1991, $4,175,000,000, of which not less than $827,000,000 shall be for farm ownership loans under subchapter I of this chapter.

(B) For fiscal year 1992, $4,343,000,000, of which not less than $861,000,000 shall be for farm ownership loans under subchapter I of this chapter.

(C) For fiscal year 1993, $4,516,000,000, of which not less than $895,000,000 shall be for farm ownership loans under subchapter I of this chapter.

(D) For fiscal year 1994, $4,697,000,000, of which not less than $931,000,000 shall be for farm ownership loans under subchapter I of this chapter.

(E) For fiscal year 1995, $4,885,000,000, of which not less than $968,000,000 shall be for farm ownership loans under subchapter I of this chapter.

(2) Subject to paragraph (3), such amounts set forth in paragraph (1) shall be apportioned as follows:

(A) For fiscal year 1991

(i) $1,019,000,000 for insured loans, of which not less than $83,000,000 shall be for farm ownership loans; and

(ii) $3,156,000,000 for guaranteed loans, of which not less than $744,000,000 shall be for guarantees of farm ownership loans. (B) For fiscal year 1992–

(i) $1,060,000,000 for insured loans, of which not less than $87,000,000 shall be for farm ownership loans; and

(ii) $3,283,000,000 for guaranteed loans, of which not less than $774,000,000 shall be for guarantees of farm ownership loans. (C) For fiscal year 1993—

(i) $1,102,000,000 for insured loans, of which not less than $90,000,000 shall be for farm ownership loans; and

(ii) $3,414,000,000 for guaranteed loans, of which not less than $805,000,000 shall be for guarantees of farm ownership loans. (D) For fiscal year 1994—

(i) $1,147,000,000 for insured loans, of which not less than $94,000,000 shall be for farm ownership loans; and

(ii) $3,550,000,000 for guaranteed loans, of which not less than $837,000,000 shall be for guarantees of farm ownership loans. (E) For fiscal year 1995—

(i) $1,192,000,000 for insured loans, of which not less than $97,000,000 shall be for farm ownership loans; and

(ii) $3,693,000,000 for guaranteed loans, of which not less than $871,000,000 shall be

for guarantees of farm ownership loans. Not less than 25 percent of the amounts appropriated for guarantees of farm ownership loans for each of the fiscal years 1994, 1995, 1996, and 1997 shall be reserved by the Secretary during the first 6 months of the respective fiscal year for guarantees of farm ownership loans to beginning farmers or ranchers.

(3) Notwithstanding any other provision of law:

(A) The Secretary shall

(i) reduce the amounts otherwise made available for insured loans by

(I) $482,000,000, for fiscal year 1991;
(II) $614,000,000, for fiscal year 1992;
(III) $760,000,000, for fiscal year 1993;

(IV) $859,000,000, for fiscal year 1994; and

(V) $907,000,000, for fiscal year 1995; and

(ii) use the funds made available from such reductions in each fiscal year to guarantee loans under section 1999 of this title.

(B) The total amount of insured loans shall bear the same ratio to the amount of insured farm ownership loans as the dollar amount specified in paragraph (2)(A)(i) for insured loans bears to the dollar amount specified therein for insured farm ownership loans.

(C) If more than 70 percent of the number of loans guaranteed under section 1999 of this title in a fiscal year have been guaranteed to persons to whom the Secretary had not previ. ously made an insured loan under this chapter, in lieu of the dollar amounts specified in subparagraph (A) for the immediately succeeding fiscal year, the dollar amounts which shall apply shall each be the product obtained by multiplying

(i) such dollar amount; by
(ii) the quotient of-

(I) the number of persons provided with guaranteed loans under section 1999 of this title in the fiscal year to whom the Secretary had not previously made an insured or a guaranteed loan under this chapter; divided by

(II) the total number of persons provided with guaranteed loans under section 1999 of this title in the fiscal year.

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tary may reserve not more than 50 percent of the funds available for the fiscal year to make insured operating loans to qualified be ginning farmers or ranchers.

(B) In each fiscal year described in subparagraph (A), with regard to the funds not reserved under subparagraph (A), a qualified be ginning farmer or rancher may apply for insured operating loans, but shall not receive any preference as a result of status as a qualified beginning farmer or rancher.

(6) Notwithstanding any other provision of this chapter, at the end of the third quarter of each fiscal year, the Secretary shall transfer, and use to carry out section 1935 of this title

, 75 percent of the amount that would otherwise be available for guaranteed operating loans.

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[See main edition for text of (c) and (d)] (As amended Pub. L, 101-508, title I, $ 1202(a), Nov. 5, 1990, 104 Stat. 1388-9; Pub. L. 101-624, title XXIII, § 2388(i), Nov. 28, 1990, 104 Stat. 4053; Pub. L. 102-237, title VII, 38 7010hX1XF), 702(i), Dec. 13, 1991, 105 Stat. 1880, 1881; Pub. L. 102-554, § 20, Oct. 28, 1992, 106 Stat. 4159.)

REFERENCES IN TEXT For definition of “this chapter", referred to in subsecs. (a), (b)(3)(C), (6), and (d)(2), see note set out under section 1921 of this title.

(D) To the extent that it is not inconsistent with an exercise of authority under section 2003 of this title, in expending funds available for insured farm ownership loans

(i) during fiscal year 1994, the Secretary shall reserve not less than 55 percent of the funds available for the fiscal year to make insured farm ownership loans to qualified beginning farmers or ranchers;

(ii) during fiscal year 1995, the Secretary shall reserve not more than 65 percent of the funds available for the fiscal year to make insured farm ownership loans to qualified beginning farmers or ranchers; and

(iii) during each of fiscal years 1996 and thereafter, the Secretary may reserve not less than 65 percent and not more than 70 percent of the funds available for the fiscal year to make insured farm ownership loans to qualified beginning farmers or ranchers.

(E) To the extent that it is not inconsistent with an exercise of authority under section 2003 of this title, the Secretary shall reserve not less than 60 percent of the amounts reserved for qualified beginning farmers or ranchers under subparagraph (D) for any fiscal year for down payment loans under section 1935 of this title.

(F) To the extent that it is not inconsistent with an exercise of authority under section 2003 of this title, to the maximum extent practicable, any funds reserved for down payment loans under section 1935 of this title for a fiscal year by reason of subparagraph (E) that are not obligated by the end of the second quarter of the fiscal year shall be available during the third quarter of the fiscal year for any type of insured farm own. ership loans to beginning farmers and ranchers.

(G) Not less than 40 percent of the amounts available for the interest rate reduction program under section 1999 of this title shall be reserved for the first 6 months of each fiscal year for assistance to beginning farmers or ranchers.

(4) Notwithstanding subsection (a) of this section, the Secretary shall, as soon as practicable after November 5, 1990, make, insure, or guarantee loans at the levels authorized by this subsection for each of the fiscal years 1991 through 1995.

(5)(A) In expending funds available for insured operating loans under subchapter II of this chapter, including loans made under section 1948 of this title

(i) during the first 6 months of fiscal year 1994, the Secretary shall reserve not less than 30 percent of the funds available for the fiscal year to make insured operating loans to qualified beginning farmers or ranchers;

(ii) during the first 6 months of each of fiscal years 1995 and 1996, the Secretary shall reserve not less than 40 percent of the funds available for the fiscal year to make insured operating loans to qualified beginning farmers or ranchers; and

(iii) during the first 6 months of each of fiscal years 1997 and thereafter, the Secre

CODIFICATION November 5, 1990, referred to

subsec. (b)(4), WES in the original “the date of enactment of this subsection", which was translated as meaning the date of enactment of Pub. L. 101-508, which amended subsec. (b) generally, to reflect the probable intent of Congress.

AMENDMENTS 1992–Subsec. (b)(2). Pub. L. 102-554, $ 20(b), inserted sentence at end.

Subsec. (bX3XD) to (G), Pub. L. 102-554, $ 20(c), (d), added subpars. (D) to (G).

Subsec. (b)(5), (6). Pub. L. 102-554, $ 20(a), (e), added pars. (5) and (6).

1991–Subsec. (b). Pub. L. 102-237, $ 702(1), repealed Pub. L. 101-624, $ 2388(i). See 1990 Amendment note below. Subsec. (b)(3)(C). Pub. L. 102-237, $ 701(h)(1XP)

, substituted "this chapter" for “this Act” in two places

. 1990-Subsec. (b), Pub. L. 101-624, $ 2388(1), which amended subsec. (b), in par. (1XB), by striking "sub paragraph (C)" and inserting "paragraph (3)"; in par. (1)(C), by striking "subparagraph (A)" and inserting "paragraph (1)”; by redesignating pars. (1XA), (B)

, (C), (D)(i), and (E) as (1), (2), (3), (4), and (5), respec tively; in par. (2), by redesignating cls. (1), (i)

, and (ii) as subpars. (A), (B), and (C), respectively, in subpars (A) to (C) of par. (2), by redesignating subcls. (I) and (II) as cls. (i) and (ii), respectively; and in par. (5), by redesignating cls. (i), (ii), and (ili) as subpars. (A), (B), and (C), respectively, was repealed by Pub. L. 102-237

, $ 702(i). See Construction of 1990 Amendment note below.

Pub. L. 101-508, $ 1202(a), amended subsec. (b) gen: erally, substituting present provisions for provisions relating to maximum amounts for loans under the AKricultural Credit Insurance Fund and the Rural Devel

: opment Insurance Fund for fiscal years 1986 through 1988.

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EFTECTIVE DATE OF 1991 AMENDMENT Amendment by section 701(h)(1/F) of Pub L 102-237 to any provision specified therein effective as

if included in act that added provision so specified at the time such act became law, and amendment by section 702(i) of Pub. L. 102-237 effective as if included in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub. L. 101-624, to which the amendment relates, see section 1101(b)(7), (c) of Pub. L. 102-237, set out as a note under section 1421 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101-508, set out as a note under section 511r of this title.

CONSTRUCTION OF 1990 AMENDMENT Section 702(i) of Pub. L. 102-237 provided that: "Subsection (i) of section 2388 of the Food, Agricul. ture, Conservation, and Trade Act of 1990 (104 Stat. 4053) (Pub. L. 101-624, amending this section) is hereby repealed and the Consolidated Farm and Rural Development Act (see Short Title note set out under section 1921 of this title) shall be applied and administered as if the amendments made by such subsection had never been enacted."

loans under laws administered by the Farmers Home Administration, by canceling that part of the aggregate amount of such outstanding loans that bears the same ratio to such aggregate amount as the number of acres of the real property of the borrower that are subject to the easement bears to the aggregate number of acres securing such loans; or

(B) in any other case, by treating as prepaid that part of the principal amount of a new loan to the borrower issued and held by the Secretary under a law administered by the Farmers Home Administration that bears the same ratio to such principal amount as the number of acres of the real property of the borrower that are subject to the easement bears to the aggregate number of acres securing the new loan.

(2) The amount so canceled or treated as prepaid pursuant to paragraph (1) shall not exceed

(A) in the case of a delinquent loan, the value of the land on which the easement is acquired the difference between the amount of the outstanding loan secured by the land and the value of the land, whichever is greater; or

(B) in the case of a nondelinquent loan, 33 percent of the amount of the loan secured by the land.

8 1997. Conservation easements

or

[See main edition for text of u and (g)]

(h) Repealed. Pub. L. 101-624, title XVIII, 8 1815(9),

Nov. 28, 1990, 104 Stat. 3826 (As amended Pub. L. 101-624, title XVIII, $ 1815, title XXIII, § 2388(j), Nov. 28, 1990, 104 Stat. 3825, 4053.)

(a) Definitions
For purposes of this section:

(1) The term "governmental entity” means any agency of the United States, a State, or a unit of local government of a State.

(2) The terms "highly erodible land” and "wetland" have the meanings, respectively, that such terms are given in section 3801 of title 16.

(3) The term "wildlife" means fish or wildlife as defined in section 3371(a) of title 16.

(4) The term “recreational purposes" includes hunting.

(See main edition for text of (6)] (c) Property requirements

Such easement may be acquired or retained for real property if

(1) such property is wetland, upland, or highly erodible land;

(2) such property is determined by the Secretary to be suitable for the purposes involved;

(3)(A)(i) such property secures any loan made under any law administered by the Farmers Home Administration and held by the Secretary; and

(ii) such easement better enables a qualified borrower to repay the loan in a timely manner, as determined by the Secretary; or

(B) such property is administered under this chapter by the Secretary; and

(4) such property was (except in the case of wetland and other wildlife habitat) row cropped each year of the 3-year period ending on December 23, 1985.

AMENDMENTS 1990–Subsec. (a)(4), (5). Pub. L. 101-624, § 2388(j), redesignated par. (5) as (4).

Subsec. (c). Pub. L. 101-624, § 1815(1)(A)-(D), (F), (G), in introductory provision, struck out "such property" after “real property if", and inserted "such property" after par. (1), (2), (3)(A)(i), (3)B), and (4) designations.

Subsec. (c)(3)(A)(ii). Pub. L. 101-624, $ 1815(1)(E), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "the borrower of such loan is unable, as determined by the Secretary, to repay such loan in a timely manner; or”.

Subsec. (e). Pub. L. 101-624, § 1815(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Any such easement acquired by the Secretary shall be purchased from the borrower involved by canceling that part of the aggregate amount of such outstanding loans of the borrower held by the Secretary under laws administered by the Farmers Home Administration that bears the same ratio to the aggregate amount of the outstanding loans of such borrower held by the Secretary under all such laws as the number of acres of the real property of such borrower that are subject to such easement bears to the aggregate number of acres securing such loans. In no case shall the amount so cancelled exceed the value of the land on which the easement is acquired or the difference between the amount of the outstanding loan secured by the land and the current value of the land, whichever is greater."

Subsec. (h). Pub. L. 101-624, $ 1815(9), struck out subsec. (h) which read as follows: "This section shall

[See main edition for text of (d)] (e) Purchase; limitation upon cancellation or prepay

ment (1) Subject to paragraph (2), the Secretary may purchase any such easement from the borrower

(A) in the case of a borrower to whom the Secretary has made one or more outstanding

75-801 O - 94 - 27 QL3

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not apply with respect to the cancellation of any part 8 2000. Homestead protection of any loan that was made after December 25, 1985."

(a) Definitions 8 1999. Interest rate reduction program

As used in this section: [See main edition for text of (a) and (6)]

[See main edition for text of (1)] (c) Payments to lenders

(2) The term “borrower-owner" meansIn return for a contract entered into by a

(A) a borrower of a loan made or insured lender under subsection (b) of this section for the reduction of the interest rate paid on a

by the Secretary or the Administrator who loan, the Secretary shall make payments to the

meets the eligibility requirements of subsec

tion (c)(1) of this section; or lender in an amount equal to not more than 100

(B) in any case in which an owner of percent of the cost of reducing the annual rate

homestead property pledged the property of interest payable on such loan, except that

to secure the loan and the owner is differ such payments may not exceed the cost of re

ent than the borrower, the owner. ducing such rate by more than 4 percent.

(3) The term "farm program loan” means (d) Duration of contracts

any loan made by the Administrator under The term of a contract entered into under the Small Business Act (15 U.S.C. 631 et seq.) this section to reduce the interest rate on a for any of the purposes authorized for loans guaranteed loan may not exceed the outstand- under subchapters ' I or II of this chapter. ing term of such loan.

(4) The term "homestead property" means

the principal residence and adjoining proper: (See main edition for text of (e) to (9)]

ty possessed and occupied by a borrower (h) Demonstration project for purchase of System

owner specified in paragraph (2) of this subland

section, including a reasonable number of

farm outbuildings located on the adjoining (1) During the 4-year period beginning on

land that are useful to the occupants of the January 6, 1988, the Secretary shall establish

homestead, and no more than 10 acres of adand carry out a demonstration project in ac

joining land that is used to maintain the cordance with this subsection under which the

family of the individual. Secretary may issue certificates of eligibility to

(5) The term “Secretary" means the Secre Farmers Home Administration eligible borrow

tary of Agriculture. ers to reduce the interest rate paid by the borrowers on loans obtained from legally organized (b) Occupancy of homestead upon foreclosure

, lending institutions and Farm Credit System in- bankruptcy, or liquidation; appraisal; period of stitutions to purchase acquired properties occupancy owned by institutions of the Farm Credit

(1) The Secretary or the Administrator shall

, System certified to issue preferred stock under

on application by a borrower-owner who meets section 2278b-7 of title 12.

the eligibility requirements of subsection (cXl)

of this section, permit the borrower-owner to [See main edition for text of (2) to (9)]

retain possession and occupancy of homestead (As amended Pub. L. 101-508, title

I, property under the terms set forth, and until $ 1202(b)(1), (c), Nov. 5, 1990, 104 Stat. 1388-10, the action described in this section has been 1388-11.)

completed, ifAMENDMENTS

[See main edition for text of (A) and (B)] 1990–Subsec. (c). Pub. L. 101-508, $ 1202(b)(1)(A), substituted “100 percent" for “50 percent" and "4 per

(C) the borrower-owner of a loan made of cent" for "2 percent".

insured by the Secretary or the AdministraSubsec. (d). Pub. L. 101-508, § 1202(b)(1)(B), struck

tor files

petition in bankruptcy that results out“, or 3 years, whichever is less" after "term of in the conveyance of the homestead property such loan".

to the Secretary or the Administrator, or Subsec. (h)(1). Pub. L. 101-508, $ 1202(c), substituted

agrees to voluntarily liquidate or convey such "4-year” for “3-year".

property in whole or in part, EFFECTIVE DATE OF 1990 AMENDMENT

(2) The value of the homestead property Amendment by Pub. L. 101-508 effective Nov. 29,

shall be determined insofar as possible by an in1990, see section 1301 of Pub. L. 101-508, set out as a dependent appraisal made within six months note under section 511r of this title.

from the date of the borrower-owner's applica

tion to retain possession and occupancy of the EFFECTIVE AND TERMINATION DATES

homestead property. Section 1320 of Pub. L. 99-198, as amended by Pub. (3) The period of occupancy of homestead L. 100-233, title VI. 8 613(a), Jan. 6, 1988, 101 Stat. property under this subsection may not exceed 1674; Pub. L. 101-508, title I, § 1202(b)(2), Nov, 5, 1990,

five years, but in no case shall the Secretary or 104 Stat. 1388-11, provided in part that this section is

the Administrator grant a period of occupancy effective only for the period beginning Dec. 23, 1985,

less than three years, subject to compliance and ending Sept. 30, 1995.

with the requirements of subsection (c) of this SECTION REFERRED TO IN OTHER SECTIONS

section. This section is referred to in sections 1948, 1983a, 1991, 1994 of this title.

So in original. Probably should be "subchapter".

2

the borrower-owner and the Secretary for occupancy of the homestead property, shall be transferable or assignable by the borrowerowner or by operation of any law, except that in the case of death or incompetency of such borrower-owner, such rights and agreements shall be transferable to the spouse of the borrower-owner if the spouse agrees to comply with the terms and conditions thereof.

(6) Within 30 days of the acquisition of the homestead property securing a loan made or insured under this chapter, the Secretary shall notify the borrower-owner from whom the property was acquired of the availability of homestead protection rights under this section. For property in inventory on January 6, 1988, the Secretary shall make a good faith effort to notify the borrower-owner of the availability of homestead protection rights under this section within 60 days after January 6, 1988. (d) First right of refusal of reacquisition

At the end of the period of occupancy described in subsection (c) of this section, the Secretary or the Administrator shall grant to the borrower-owner a first right of refusal to reacquire the homestead property on such terms and conditions (which may include payment of principal in installments) as the Secretary or the Administrator shall determine. Such terms and conditions shall not be less favorable than those intended to be offered to any other buyer.

[See main edition for text of (e) and (1)

(c) Terms and conditions

(1) To be eligible to occupy homestead property, a borrower-owner of a loan made or insured by the Secretary or the Administrator shall

(A) apply for such occupancy not later than 90 days after the property is acquired by the Secretary or Administrator, or for property in inventory on January 6, 1988, the borrowerowner shall apply for occupancy not later than 90 days after January 6, 1988;

(B) have received from farming or ranching operations gross farm income reasonably commensurate with

(i) the size and location of the farming unit of the borrower-owner; and

[See main edition for text of (ii)] (C) have received from farming or ranching operations at least 60 percent of the gross annual income of the borrower-owner and any spouse of the borrower-owner in at least 2 calendar years during any 6-year period described in subparagraph (B);

(D) have continuously occupied the homestead property during the 6-year period described in subparagraph (B), except that such requirement may be waived if a borrowerowner has, due to circumstances beyond the control of the borrower-owner, had to leave the homestead property for a period of time not to exceed 12 months during the 6-year period;

[See main edition for text of (E) to (G)] (2) For purposes of subparagraphs (B) and (C) of paragraph (1), the term "farming or ranching operations” shall include rent paid by lessees of agricultural land during any period in which the borrower-owner, due to circumstances beyond the control of the borrowerowner, is unable to actively farm such land.

(3) For the purposes of paragraph (1)(E), the failure of the borrower-owner to make timely rental payments shall constitute cause for the termination of all rights of such borrowerowner to possession and occupancy of the homestead property under this section. In effecting any such termination, the Secretary shall afford the borrower-owner or lessee the notice and hearing procedural rights described in section 1983b of this title and shall comply with all applicable State and local laws governing eviction from residential property.

(4) [See main edition for text of (A)]

(B) At any time during the period of occupancy, the borrower-owner shall have a right of first refusal to reacquire the homestead property on such terms and conditions as the Secretary shall determine, except that the Secretary may not demand a payment for the homestead property that is in excess of the current market value of the homestead property as established by an independent appraisal. The independent appraisal shall be conducted by an appraiser selected by the borrower-owner from a list of three appraisers approved by the county supervisor.

(5) No rights of a borrower-owner under this section, and no agreement entered into between

(g) Conflict between Federal and State law

In the event of any conflict between this section and any provision of the law of any State relating to the right of a borrower-owner to designate for separate sale or redeem part or all of the real property securing a loan foreclosed on by the lender thereof, such provision of State law shall prevail. (As amended Pub. L. 102-237, title V, $ 501(g), title VII, § 701(h)(2), Dec. 13, 1991, 105 Stat. 1867, 1880; Pub. L. 102-552, title V, § 516(i), (j)(1), Oct. 28, 1992, 106 Stat. 4138.)

REFERENCES IN TEXT The Small Business Act, referred to in subsecs. (a)(3) and (b)(1)(B), is Pub. L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified generally to chapter 14A (8 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.

AMENDMENTS 1992- Subsec. (a)(4), (5). Pub. L. 102-552, $ 516(i), redesignated par. (4), defining “Secretary", as (5).

Subsec. (b)(2). Pub. L. 102-552, $ 516(1)(1), substituted "borrower-owner's” for “borrower's”.

1991–Subsec. (a)(2) to (4). Pub. L. 102-237, $ 501(g), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted "borrowerowner" for "borrower" in redesignated par. (4).

Subsec. (b)(1). Pub. L. 102-237, $ 501(g)(2), substituted "borrower-owner" for "borrower" wherever appearing.

Subsec. (b)(3). Pub. L. 102-237, 8701(h)(2), struck out "be" after “shall”.

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