[Federal Register: April 9, 2003 (Volume 68, Number 68)]
[Proposed Rules]
[Page 17320-17325]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap03-22]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Parts 772, 1901, and 1951
RIN 0560-AG67
Servicing Minor Program Loans
AGENCY: Farm Service Agency, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule proposes to consolidate, clarify and revise the
servicing regulations for the Minor Programs currently administered by
the Farm Service Agency, Farm Loan Programs (FSA). Minor Program loans
involve existing loans only since there is no longer funding for new
loans in these programs. FSA Minor Programs consist of the following
loan types: Grazing Association loans and Irrigation and Drainage
Association loans previously administered by the U.S. Department of
Agriculture's Rural Development (RD) mission area, and Non-Farm
enterprise and Recreation Loans made to individuals which have
previously been administered by FSA. Recreation loans to associations
will continue to be serviced by RD.
DATES: Comments on the proposed rule must be received on or before June
9, 2003 to be assured of consideration.
ADDRESSES: Mail comments on the proposed rule to: Veldon Hall,
Director, Farm Loan Programs, Loan Servicing and Property Management
Division, Farm Service Agency, USDA, 1400 Independence Avenue, SW. Stop
0523, Washington, DC 20250-0523, or hand deliver to Suite 500, 1250
Maryland Avenue, SW., Washington, DC 20024 during normal business
hours. Comments and supporting documents may be viewed by contacting
the information contact listed below. All comments, including names and
addresses, will become part if the public record. Comments on the
paperwork burden of this proposed rule must be sent to the addresses
listed in the Paperwork Reduction Act section of this Rule.
FOR FURTHER INFORMATION CONTACT: Mel Thompson, Senior Loan Officer,
Farm Service Agency; telephone: 202-720-7862; Facsimile: 202-690-1196;
e-mail: mel_thompson@wdc.fsa.usda.gov. Persons with disabilities who
require alternative means for communication (Braille, large print,
audio tape, etc.) should contact the USDA Target Center at (202) 720-
2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule was determined to be not significant under Executive
Order 12866 and was not reviewed by the Office of Management and
Budget.
Regulatory Flexibility Act
The Agency certifies that this rule will not have a significant
economic effect on a substantial number of small entities, because it
does not require any action by the borrower who may be a small entity.
The Agency, therefore, is not required to perform a Regulatory
Flexibility Analysis as required by the Regulatory Flexibility Act,
Pub. L. 96-534, as amended (5 U.S.C. 601). This rule does not impact
small entities to a greater extent than large entities.
Environmental Evaluation
The environmental impacts of this proposed rule have been
considered in accordance with the provisions of the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., the
regulations of the Council on Environmental Quality (40 CFR parts 1500-
1508), and the FSA regulations for compliance with NEPA, 7 CFR parts
799, and 1940, subpart G. FSA completed an environmental evaluation and
concluded that this proposed rule, if enacted, requires no further
environmental review because no new loans are authorized. Servicing
existing loans in accordance with previously published rules containing
environmental requirements is not a major Federal action significantly
affecting the quality of the human environment. No extraordinary
circumstances or other unforeseeable factors exist which would require
preparation of an environmental assessment or environmental impact
statement. A copy of the environmental evaluation is available for
inspection and review upon request.
Executive Order 12988
This rule has been reviewed in accordance with E.O. 12988, Civil
Justice Reform. In accordance with that Executive Order: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings in accordance with 7 CFR parts 11 and
780 must be exhausted before requesting judicial review.
Executive Order 12372
As stated in the Notice related to 7 CFR part 3015, subpart V (48
FR 29115, June 24, 1983) the programs and activities within this rule
do not require consultation with state and local officials under the
scope of Executive Order 12372.
Unfunded Mandates Reform Act
This rule contains no Federal mandates as defined in Title II of
the Unfunded Mandates Reform Act of 1995 (UMRA). Thus, this rule is not
subject to the requirements of sections 202 and 205 of UMRA.
Executive Order 13132
The policies contained in this rule do not have any substantial
direct effect on states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
rule impose any new significant loan servicing criteria on state and
local governments. The proposed rule revises the citation references
and consolidates the servicing regulations to streamline loan servicing
criteria applicable to Minor Programs. Therefore, consultation with the
states is not required.
Paperwork Reduction Act
The amendments to 7 CFR parts 772, 1901, subpart E, and 1951,
subparts E and F, contained in this rule only delete requirements and
propose no new collections nor do they significantly affect the
aggregate information collection burden of the Agencies. Certain forms
and information collection are included and approved in the Information
Collection Package for OMB control number 0560-0158 and are not
impacted by this collection. Still, this rule transfers some of the
information collections assigned OMB control numbers 0575-0118, 0575-
0093, and 0575-0066, to the proposed part 772. This will result in
certain burden that is currently assigned by OMB to the
[[Page 17321]]
Rural Development Agencies of USDA being shifted to FSA. Consequently,
FSA is requesting comments on the information collection requirements
in this rule that are being moved from those currently in parts 1901,
subpart E and 1951, subparts E and F as required by the Paperwork
Burden Reduction Act. After publication of this rule in final, the
Agency will submit documents to OMB to modify the currently approved
burden to reflect this shift between control numbers. An estimate of
the paperwork burden of the regulations as affected by this proposed
rule are as follows:
Title: 7 CFR part 772, Servicing Minor Program Loans.
OMB Control Number: 0560-NEW.
Type of request: Approval of new information collection.
Abstract: This part contains FSA policies and procedures for
servicing Minor Program loans which include: Grazing Associations,
Irrigation and Drainage Associations, Non-Farm Enterprise loans and
Recreation loans to individuals.
Estimate of burden: Public reporting burden for this collection of
information is estimated to average less than 1 hour per response.
Respondents: Individuals and businesses.
Estimated number of respondents: 338
Estimated number of responses per respondent: 1
Estimated total annual burden on respondents: 179 hours Comments
are requested regarding (a) whether the collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; (b) the
accuracy of the agency's estimates of burden including the validity of
the methodology and assumptions used; (c) ways to enhance the quality,
utility and clarity of the information to be collected; and (d) ways to
minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology. Comments should be sent to Mel
Thompson, Loan Servicing and Property Management Division, Farm Service
Agency, United States Department of Agriculture, STOP 0523, 1400
Independence Avenue, SW., Washington, DC 20250-0523; or e-mail: mel_
thompson@wdc.usda.gov.
Federal Assistance Program
These proposed changes affect no programs listed in the Catalog of
Federal Domestic Assistance.
Discussion of the Proposed Rule
This proposed rule consolidates and clarifies the servicing
policies of the Farm Service Agency's Minor Loan Programs. The Minor
Programs were administered by the former Farmers Home Administration
(FmHA). Under the discretionary authority of the Department of
Agriculture Reorganization Act of 1994, Pub. L. 103-354, on October 20,
1994, the Individual-type loans (Non-Farm Enterprise and Recreation
loans) were assigned to FSA. The Association-type loans (Grazing
Associations and Irrigation and Drainage loans) were assigned to USDA's
Rural Development mission area. Regulations for servicing the
Association-type loans of these programs are currently found at 7 CFR
part 1901, subpart E for Civil Rights Compliance; 7 CFR part 1951,
subpart E for servicing; 7 CFR part 1951, subpart F for graduation; 7
CFR part 1956, subpart C for debt settlement; and 7 CFR part 1962
subpart A for bankruptcy. Individual-type Minor Program loans are the
Non-Farm enterprise loans which are a subgroup of FSA, Farm Operating
and Farm Ownership loans defined in 7 CFR 1941.4 and 1943.4 and
Recreation loans, which are defined as Farm Loan Program (FLP) loans
under 7 CFR 1951.906. Although these loans are no longer made by FSA,
both categories are serviced as FLP loans in accordance with 7 CFR part
1951, subpart S.
Because the current delegation of these similar loan programs
between FSA and the agencies of the Rural Development mission area is
inefficient, this rule proposes to remove parts of regulations that are
currently shared by FSA and the agencies of the Rural Development
mission area and publish a consolidated FSA regulation governing these
programs. Consolidating these scattered regulations will result in more
efficient and proper administration of the servicing requirements for
the Minor Programs. Information not specific to the Minor Programs will
be eliminated and language will be improved for readability. Only
requirements specific to the Minor Programs will be included. The
result will be better service to the borrowers with these types of
loans, and, at the same time, ease the agency officials' burden in
administering these programs. The regulations for servicing bankruptcy
(7 CFR part 1962, subpart A) and debt settlement (7 CFR part 1956,
subparts B and C) previously applied to all Minor Program loans and
will continue to apply under this rule. This proposed rule contains no
new requirements, nor does it eliminate any provision currently
contained in existing regulations. The intended effect of this rule is
to transfer and consolidate authorities contained within separate
Federal regulations into one part.
List of Subjects
Part 772
Agriculture, Credit, Rural areas.
Part 1901
Civil rights, Compliance reviews, Minority groups.
Part 1951
Account servicing, Grant programs--housing and community
development, Reporting requirements, Rural areas.
Accordingly, for the reasons stated in the preamble, 7 CFR part 772
is added and 7 CFR parts 1901 and 1951 are amended as follows:
1. Add part 772 to read as follows:
PART 772--SERVICING MINOR PROGRAM LOANS
Sec.
772.1 Policy.
772.2 Abbreviations and definitions.
772.3 Compliance.
772.4 Environmental requirements.
772.5 Security maintenance.
772.6 Subordination of security.
772.7 Leasing Minor Program loan security.
772.8 Sale or exchange of security property.
772.9 Releases.
772.10 Transfer and assumption--AMP loans.
772.11 Transfer and assumption--IMP loans.
772.12 Graduation.
772.13 Delinquent account servicing.
772.14 Reamortization of AMP loans.
772.15 Protective advances.
772.16 Liquidation.
772.17 Equal opportunity and non-discrimination requirements.
772.18 Exception authority.
Authority : 5 U.S.C. 301, 7 U.S.C. 1989, and 25 U.S.C. 490.
Sec. 772.1 Policy.
(a) Purpose. This part contains the Agency's policies and
procedures for servicing Minor Program loans which include: Grazing
Associations, Irrigation and Drainage Associations, Non-Farm Enterprise
loans and Recreation loans to individuals.
(b) Appeals. The regulations at 7 CFR parts 11 and 780 apply to
decisions made under this part.
Sec. 772.2 Abbreviations and definitions.
(a) Abbreviations.
[[Page 17322]]
AMP Association-Type Minor Program loan
CFR Code of Federal Regulations
FO Farm Ownership Loan
FSA Farm Service Agency
IMP Individual-type Minor Program loan
OL Operating Loan
USDA United States Department of Agriculture
(b) Definitions.
Association-type Minor Program loans: Means Minor Program loans to
Grazing Associations and Irrigation and Drainage Associations.
Entity: Cooperatives, corporations, partnerships, joint operations,
trusts, or limited liability companies.
Graduation: The requirement contained in loan documents of a Minor
Program borrower that they pay their FSA loan in full with funds
received from a commercial lending source as a result of improvement in
their financial condition.
Individual-type Minor Program loans: Means Minor Program Non-Farm
Enterprise or Individual Recreation loans that are serviced under
existing regulations as program OL and FO loans. These loans were made
to both entities and individuals.
Member: Means any individual who has an ownership interest in the
entity which has received the Minor Program loan.
Minor Program: Non-Farm Enterprise, Individual Recreation, Grazing
Association, or Irrigation and Drainage loan programs administered or
to be administered by FSA that are subject to prescribed program loan
servicing requirements, and, of which, each program has fewer than 500
outstanding loans and less than $100 million in outstanding debt.
Review official. An agency employee, contractor or designee who is
authorized to conduct a compliance review of a Minor Program borrower.
Sec. 772.3 Compliance.
(a) Requirements. No Minor Program borrower shall directly, or
through contractual or other arrangement, subject any person or cause
any person to be subjected to discrimination on the basis of race,
color, national origin, or disability. Borrowers must comply with all
applicable Federal laws and regulations regarding equal opportunity in
hiring, procurement, and related matters. FSA's civil rights
requirements applicable to Minor Program borrowers are contained in
title 7, part 15, subpart A and part 15b.
(b) Reviews. In accordance with Title VI of the Civil Rights Act of
1964, the Agency will conduct a compliance review of all Minor Program
borrowers, to determine if a borrower has directly, or through
contractual or other arrangement, subjected any person or cause any
person to be subjected to discrimination on the basis of race, color,
or national origin. The borrower must allow the review official access
to their premises and all records necessary to carry out the compliance
review as determined by the review official.
(c) Frequency and timing. Compliance reviews will be conducted no
later than October 31 of every third year until the Minor Program loan
is paid in full or otherwise satisfied.
(d) Violations. If a borrower refuses to provide information or
access to their premises as requested by a review official during a
compliance review, or is determined by the Agency to be not in
compliance in accordance with this section, the Agency will service the
loan in accordance with the provisions of Sec. 772.14 of this part.
Sec. 772.4 Environmental requirements.
Servicing activities such as transfers, assumptions,
subordinations, sale or exchange of security property, and leasing of
security will be reviewed for compliance with title 7, part 1940,
subpart G of chapter XVIII of the Code of Regulations and the exhibits
to that subpart.
Sec. 772.5 Security maintenance.
(a) General. Borrowers are responsible for maintaining the
collateral that is serving as security for their Minor Program loan in
accordance with their lien instruments, security agreement and
promissory note.
(b) Security Inspection. The Agency will inspect real estate that
is security for a Minor Program loan at least once every three years,
and chattel security at least annually. More frequent security
inspections may be made as determined necessary by the Agency.
Borrowers will allow representatives of the Agency, or any agency of
the U.S. Government, in accordance with statutes and regulations, such
access to the security property as the agency determines is necessary
to document compliance with the requirements of this section.
(c) Violations. If the Agency determines that the borrower has
failed to adequately maintain security, made unapproved dispositions of
security, or otherwise has placed the repayment of the Minor Program
loan in jeopardy, the Agency will:
(1) For chattel security, service the account according to title 7,
part 1962, subpart A of chapter XVIII of the Code of Federal
Regulations. If any normal income security as defined in that subpart
secures a Minor Program loan, the reporting, approval and release
provisions in that subpart shall apply.
(2) For real estate security for AMP loans, contact the Office of
General Counsel for advice on the appropriate servicing including
liquidation if warranted.
(3) For real estate security for IMP loans, service the account
according to title 7, part 1951, subpart S, of chapter XVIII of the
Code of Federal Regulations.
Sec. 772.6 Subordination of security.
(a) Eligibility. The Agency shall grant a subordination of Minor
Program loan security when the transaction will further the purposes
for which the loan was made, and:
(1) The loan will still be adequately secured after the
subordination or the value of the loan security will be increased by
the amount of advances to be made under the terms of the subordination.
(2) The borrower can document the ability to pay all debts
including the new loan.
(3) The action does not change the nature of the borrower's
activities to the extent that they would no longer be eligible for a
Minor Program loan.
(4) The subordination is for a specific amount.
(5) The borrower is unable, as determined by the Agency, to
refinance its loan and graduate in accordance with this subpart.
(6) The loan funds will not be used in such a way that will
contribute to erosion of highly erodible land or conversion of wetlands
for the production of an agricultural commodity according to title 7,
part 1940, subpart G of chapter XVIII of the Code of Federal
Regulations.
(7) The borrower has not been convicted of planting, cultivating,
growing, producing, harvesting or storing a controlled substance under
Federal or state law. ``Borrower'', for purposes of this subparagraph,
specifically includes an individual or entity borrower and any member,
stockholder, partner, or joint operator, of an entity borrower.
``Controlled substance'', for the purpose of this subparagraph, is
defined at 21 CFR part 1308. The borrower will be ineligible for a
subordination for the crop year in which the conviction occurred and
the four succeeding crop years. An applicant must attest on the Agency
application form that it and its members, if an entity, have not been
convicted of such a crime.
(b) Application. To request a subordination, a Minor Program
[[Page 17323]]
borrower must make the request in writing and provide the following:
(1) The specific amount of debt for which a subordination is
needed;
(2) An appraisal in accordance with Sec. 761.7 of this chapter, if
the request is for more than $10,000, unless an appraisal report that
is sufficient, as determined by the Agency, that is less than one year
old, is on file with the Agency; and
(3) Consent and subordination, as necessary, of all other
creditors' security interests.
(c) Approval. SEDs are authorized to approve subordination
requests.
(1) If a subordination request does not meet the requirements of
this part, the SED may reject it and offer appeal rights, or recommend
it to the Administrator, FSA, pursuant to exception authority, for
approval.
(2) When the SED rejects a subordination request, the State Office
will notify the borrower of the decision.
(3) When recommending to the Administrator for an exception, the
SED must provide documentation on how approval of the subordination is
in the best interest of the Government.
Sec. 772.7 Leasing Minor Program loan security.
(a) Eligibility. The Agency may consent to the borrower leasing all
or a portion of security property for Minor Program loans to a third
party when:
(1) Leasing is the only feasible way to continue to operate the
enterprise and is a customary practice;
(2) The lease will not interfere with the purpose for which the
loan was made;
(3) The borrower retains ultimate responsibility for the operation,
maintenance and management of the facility or service for its continued
availability and use at reasonable rates and terms;
(4) The lease prohibits amendments to the lease or subleasing
arrangements without prior written approval from the Agency;
(5) The lease terms provide that the Agency is a lien holder on the
subject property and, as such, the lease is subordinate to the rights
and claims of the Agency as lien holder; and
(6) The lease is for less than three years and does not constitute
a lease/purchase arrangement, unless the transfer and assumption
provisions of this subpart are met.
(b) Application. The borrower must submit a written request for
Agency consent to lease the property.
Sec. 772.8 Sale or exchange of security property.
(a) AMP loans. (1) Sale of all or a portion of security property
for an AMP loan may be approved when:
(i) The property is sold for market value based on a current
appraisal in accordance with the standards at Sec. 761.7 of this
chapter;
(ii) The sale will not prevent carrying out the original purpose of
the loan. The borrower must execute RD Form 400-4 ``Assurance
Agreement'' or successor form. The covenant involved will remain in
effect as long as the property continues to be used for the same or
similar purposes for which the loan was made. The instrument of
conveyance will contain the nondiscrimination covenants contained in 7
CFR 1951.204;
(iii) The remaining security for the loan is adequate or will not
change after the transaction;
(iv) Sale proceeds remaining after paying any reasonable and
necessary selling expenses are applied to the Minor Program loan
according to lien priority;
(2) Exchange of all or a portion of security property for an AMP
loan may be approved when:
(i) The Agency will obtain a lien on the property acquired in the
exchange.
(ii) Property more suited to the borrower's needs related to the
purposes of the loan is to be acquired in the exchange;
(iii) The AMP loan will be as adequately secured after the
transaction as before;
(iv) It is necessary to develop or enlarge the facility, improve
the borrower's debt-paying ability, place the operation on a more sound
financial basis or otherwise further the loan objectives and purposes,
as determined by the Agency.
(b) IMP loans. (1) A sale or exchange of chattel that is serving as
security for an IMP loan is governed by title 7, part 1962, subpart A
of chapter XVIII of the Code of Federal Regulations.
(2) A sale or exchange of real estate that is serving as security
for an IMP loan is governed by title 7, part 1965, subpart A of chapter
XVIII of the Code of Federal Regulations.
Sec. 772.9 Releases.
(a) Security. Minor Program liens may be released when:
(1) The debt is paid in full.
(2) Security property is sold for market value and sale proceeds
are received and applied to the borrower's creditors according to lien
priority, or
(3) An exchange in accordance with Sec. 772.7(b) of this subpart
has been concluded.
(b) Borrower liability. The Agency may release a borrower from
liability when the Minor Program loan, plus all administrative
collection costs and charges are paid in full. IMP borrowers who have
had previous debt forgiveness on a farm loan program loan as defined in
7 CFR 1951.906 cannot be released from liability by FSA until the
previous loss to the Agency has been repaid with interest from the date
of debt forgiveness.
(c) Servicing of debt not satisfied through liquidation. Balances
remaining after sale or liquidation will be subject to administrative
offset in accordance with 7 CFR part 1951, subpart C, including
internal agency administrative offset, Department of Treasury Offset
and Treasury Cross-Servicing. Thereafter, the debt settlement
provisions in part 1956, subpart B (for IMP loans) and subpart C (for
AMP loans) of chapter XVIII of the Code of Federal Regulations apply.
Sec. 772.10 Transfer and assumption--AMP loans.
(a) Eligibility. The Agency may approve transfers and assumptions
of AMP loans when:
(1) The present borrower is unable or unwilling to accomplish the
objectives of the loan.
(2) The transfer will not harm the Government or adversely affect
the Agency's security position.
(3) The transferee will continue with the original purpose of the
loan.
(4) The transferee will assume an amount at least equal to the
present market value of the loan security.
(5) The transferee documents the ability to pay the AMP loan debt
as provided in the assumption agreement and has the legal capacity to
enter into the contract.
(6) If there is a lien or judgment against the Agency security
being transferred, the transferee is subject to such claims. The
transferee must document the ability to repay the claims against the
land.
(7) If the transfer is to one or more members of the borrower's
organization and there is no new member, there must not be a loss to
the Government.
(b) Withdrawal. Withdrawal of a member and transfer of the
withdrawing member's interest in the Association to a new eligible
member may be approved by the Agency if all of the following conditions
are met:
(1) The entire unpaid balance of the withdrawing member's share of
the AMP loan must be assumed;
(2) In accordance with the Association's governing articles, the
required number of remaining members
[[Page 17324]]
must agree to accept any new member; and
(3) The transfer will not adversely affect collection of the AMP
loan.
(c) Requesting a transfer and assumption. The transferor borrower
and transferee applicant must submit:
(1) The written consent of any other lien holder, if applicable.
(2) A current balance sheet and cash flow statement.
(d) Terms. The interest rate and term of the assumed AMP loan will
not be changed. Any delinquent principal and interest of the AMP loan
must be paid current before the transfer of an assumption will be
approved by the Agency.
(e) Release of liability. Transferors may be released from
liability with respect to an AMP loan by the Agency when:
(1) The full amount of the loan is assumed.
(2) Less than the full amount of the debt is assumed, and the
balance remaining will be serviced in accordance with Sec. 772.9(c) of
this subpart.
Sec. 772.11 Transfer and assumption--IMP loans.
Transfers and assumptions for IMP loans are processed in accordance
with title 7, part 1962, subpart A of chapter XVIII of the Code of
Federal Regulations for chattel secured loans and part 1965, subpart A
of chapter XVIII of the Code of Federal Regulations for real estate
secured loans. Any remaining transferor liability will be serviced in
accordance with Sec. 772.9(c) of this subpart.
Sec. 772.12 Graduation.
(a) General. Agency loan programs do not supplant or compete with
credit available to borrowers from non-Governmental credit sources.
Agency credit is intended to be available for a temporary period of
time until the borrower has made sufficient progress to obtain credit
from commercial lenders. This section does not apply to Minor Program
borrowers with promissory notes which do not contain provisions
requiring graduation.
(b) Graduation reviews. Borrowers shall provide current financial
information when requested by the Agency or its representatives to
conduct graduation reviews. After screening out the non-commercial and
non-standard borrowers, the Agency will conduct a thorough review of
the financial information provided by the borrower and request
additional information as needed.
(1) AMP loans shall be reviewed at least every two years. In the
year to be reviewed, each borrower must submit, at a minimum, a year-
end balance sheet and cash flow projection for the current year.
(2) All IMP borrowers classified as ``commercial'' or ``standard''
in accordance with title 7, part 1951, subpart F of chapter XVIII of
the Code of Federal Regulations shall be reviewed at least every two
years. In the year to be reviewed, each borrower must submit a year-end
balance sheet, actual financial performance for the most recent year,
and a projected budget for the current year.
(c) Criteria. Borrowers will be requested to graduate from the
Minor Programs as follows:
(1) Borrowers with IMP loans that are classified as ``commercial''
or ``standard'' will be requested to apply for private financing within
30 days from the date the borrower is notified of lender interest, if
an application is required by the lender. For good cause, the Agency
may grant the borrower a reasonable amount of additional time to apply
for refinancing.
(2) Borrowers with AMP loans will be considered for graduation at
least every two years or as otherwise determined by the Agency that the
borrower's financial condition has significantly improved.
(d) Enforcement. The Agency shall take action to enforce
graduation, when the Agency has evidence that commercial credit can be
obtained at reasonable rates and terms.
(1) The Agency will accelerate the loan of a Minor Program borrower
who fails to provide requested documents, does not take positive steps
to refinance the loan when commercial credit can be obtained at
reasonable rates and terms, or refuses to cooperate in any way with the
requirements of this section.
(2) The Agency must inform the borrower in writing of the specific
request of which the borrower failed or refused to cooperate and
provide appeal rights in accordance with 7 CFR part 780 and 7 CFR part
11.
Sec. 772.13 Delinquent account servicing.
(a) AMP loans. The Agency will take the following actions on
delinquent AMP borrowers:
(1) First contact. The Agency will attempt to contact the borrower
10 days after the payment due date, advise the borrower of the amount
past due, and request that the payment be remitted immediately.
(2) Second contact. If within 20 days the borrower has not
responded to the initial contact, a delinquency letter will be sent
notifying the borrower that if the account is not brought current
within 30 days, the Agency will take action to protect the Government's
interest.
(3) Third contact. If within 30 days the borrower has not responded
to the second contact delinquency letter or the borrower will not or
cannot make satisfactory arrangements to bring the account current, the
borrower will be notified by letter of the option of selling their
security property to recover any equity, and advising that further
collection action, including internal agency offset and referral to the
Department of Treasury Offset Program and Treasury Cross-Servicing,
will be taken if payment is not received or satisfactory arrangements
are not made to bring the account current within 15 days.
(4) Liquidation. If the borrower does not make arrangements to cure
the default and is not eligible for reamortization in accordance with
Sec. 772.14 of this subpart, liquidation action will be taken
according to Sec. 772.16 of this subpart.
(b) IMP loans. Delinquent IMP borrowers will be serviced according
to part 1951, subpart S, of chapter XVIII of the Code of Federal
Regulations and title 7 parts 3 and 1951, subpart C of chapter XVIII of
the Code of Federal Regulations, concerning internal agency offset and
referral to the Department of Treasury Offset Program and Treasury
Cross-Servicing.
Sec. 772.14 Reamortization of AMP loans.
(a) The Agency may approve reamortization of AMP loans when there
is no extension of the final maturity date of the loan and no
intervening lien exists on the security for the loan which would
jeopardize the Government's security position, and when:
(1)(i) The account is delinquent and cannot be brought current
within one year; and
(ii) The borrower has presented a cash flow budget which
demonstrates the ability to meet the proposed new payment schedule; or
(2) The account is current, but due to circumstances beyond the
borrower's control, the borrower will be unable to meet the annual loan
payments;
(b) An exception may be provided by and at the discretion of the
Agency Administrator to the conditions in paragraph (a) of this section
in accordance with Sec. 772.18.
Sec. 772.15 Protective advances.
(a) The Agency may approve, without regard to any loan or total
indebtedness limitation, vouchers to pay costs, including insurance and
real estate taxes, to preserve and protect the security, the lien, or
the priority of the
[[Page 17325]]
lien securing the debt owed to the Agency if the debt instrument
provides that the Agency may voucher the account to protect its lien or
security.
(b) The Agency may pay protective advances only when it determines
it to be in the Government's best financial interest.
(c) Protective advances are immediately due and payable.
Sec. 772.16 Liquidation.
When the Agency determines that continued servicing will not
accomplish the objectives of the loan and the delinquency or financial
stress cannot be cured by the options in Sec. 772.13, the borrower
will be encouraged to dispose of the Agency security voluntarily
through sale or transfer and assumption. If a transfer or voluntary
sale is not carried out, the loan will be liquidated according to title
7, part 1955, subpart A of chapter XVIII of the Code of Federal
Regulations.
Sec. 772.17 Equal opportunity and non-discrimination requirements.
With respect to any aspect of a credit transaction, the Agency will
comply with the requirements of the Equal Credit Opportunity Act as
implemented in Sec. 1910.2 of title 7, part 1910, subpart A of chapter
XVIII of the Code of Federal Regulations, and the Department's civil
rights policy in 7 CFR part 15d.
Sec. 772.18 Exception authority.
Exceptions to any requirement in this subpart can be approved in
individual cases by the Administrator if application of any requirement
or failure to take action would adversely affect the Government's
interest. Any exception must be consistent with the authorizing statute
and other applicable laws.
PART 1901--PROGRAM-RELATED INSTRUCTIONS
Subpart E--Civil Rights Compliance Requirements.
2. The authority citation for part 1901 is revised to read as
follows:
Authority : 5 U.S.C. 301; 7 U.S.C. 1989; 40 U.S.C. 442; 42
U.S.C. 1480.
3. Amend Sec. 1901.204 by:
a. Removing paragraphs (a)(1), (2), (4), and (10);
b. Redesignating paragraph (a)(3) as paragraph (a)(1);
c. Redesignating paragraphs (a)(5) through (9) as paragraphs (a)(2)
through (6); and
d. Redesignating paragraphs (a)(11) through (28) as paragraphs
(a)(7) through (24).
PART 1951--SERVICING AND COLLECTIONS
Subpart E--Servicing of Community and Direct Business Programs
Loans and Grants
4. The authority citation for part 1951 continues to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note; 7 U.S.C.1989; 42
U.S.C. 1480.
5. Amend Sec. 1951.201 by removing the words ``loans for Grazing
and other shift-in-land-use projects;'' and ``Association Irrigation
and Drainage loans;''.
Sec. 1951.221 [Amended]
6. Amend Sec. 1951.221 in paragraph (b) heading by removing the
words ``Grazing Association Loans, Irrigation and Drainage and other''.
Signed in Washington, DC, on April 2, 2003.
J.B. Penn,
Under Secretary for Farm and Foreign Agricultural Services.
[FR Doc. 03-8597 Filed 4-8-03; 8:45 am]
BILLING CODE 3410-05-U
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