Service and supply contracts
section 6101 of title 41make contracts for services and supplies without regard to the provisions of , when the aggregate amount involved is less than $300;
Subordination, subrogation, and other agreements
enter into subordination, subrogation, or other agreements satisfactory to the Secretary;
Compromise of claims and obligations
compromise, adjust, reduce, or charge-off claims, and adjust, modify, subordinate, or release the terms of security instruments, leases, contracts, and agreements entered into or administered by the Secretary under this subchapter, as circumstances may require, including the release of borrowers or others obligated on a debt from personal liability with or without payment of any consideration at the time of the compromise, adjustment, reduction, or charge-off of any claim;
Collection of claims and obligations
Purchase of pledged or mortgaged property at foreclosure or other sales; operation, sale or disposition of said property
section 1479(a) of this titlesection 1485 of this titlesection 1484 of this titlesection 1485 of this titlesection 1490a(d)(1) of this titlebid for and purchase at any foreclosure or other sale or otherwise to acquire the property pledged or mortgaged to secure a loan or other indebtedness owing under this subchapter, to accept title to any property so purchased or acquired, to operate or lease such property for such period as may be necessary or advisable, to protect the interest of the United States therein, to repair and rehabilitate such property, and to sell or otherwise dispose of the property so purchased or acquired by such terms and for such considerations as the Secretary shall determine to be reasonable and to make loans as provided herein to provide adequate farm dwellings and buildings for the purchasers of such property; except that the Secretary may not sell or otherwise dispose of such property unless (1) the Secretary assures that such property will meet decent, safe, and sanitary standards, including cost-effective energy conservation standards prescribed under , (2) the recipient of the property is obligated, as a condition of the sale or other disposition of the property, to meet such standards with respect to the property before such property is occupied, or (3) such recipient is precluded, as a condition of the sale or other disposition of the property, from using the property for residential purposes and the authority of the Secretary under this paragraph includes the authority to transfer section 1472 inventory properties for use as rental or cooperative units under with mortgages containing repayment terms with up to fifty years, or for use as rental units under with mortgages containing repayment terms with up to 33 years, to private nonprofit organizations, public bodies, or for-profit entities, which have good records of providing low income housing under ; such a transfer may be made even where rental assistance may be required so long as the authority to provide such assistance is available after taking into account the requirements of ; where the Secretary determines the transfer will contribute to the provision of housing for very low-income persons and families, the transfer may be made at the lesser of the appraised value or the Farmers Home Administration’s investment;
Processing of applications received prior to determination of nonrural status; assistance
section 1490 of this titlecontinue processing as expeditiously as possible applications on hand received prior to the time an area has been determined by the Secretary not to be “rural” or a “rural area”, as those terms are defined in , and make loans or grants to such applicants who are found to be eligible on the same basis as though the area were still rural;
Rules and regulations for written notice of denial or reduction of assistance
issue rules and regulations which assure that applicants denied assistance under this subchapter or persons or organizations whose assistance under this subchapter is being substantially reduced or terminated are given written notice of the reasons for denial, reduction or termination and are provided at least an opportunity to appeal an adverse decision and to present additional information relevant to that decision to a person, other than the person making the original determination, who has authority to reverse the decision, except that rules issued under this subsection may not exclude from their coverage decisions made by the Secretary that are not based on objective standards contained in published regulations;
Assistance in connection with transfers and assumptions of property for nonrural areas
notwithstanding that an area ceases, or has ceased, to be “rural”, in a “rural area”, or an eligible area, make assistance under this subchapter available for subsequent loans to permit necessary dwelling repairs and rehabilitation and in connection with transfers and assumptions of property securing any loan made, insured, or held by the Secretary or in connection with any property held by the Secretary under this subchapter on the same basis as though the area were still rural;
Utilization of indebtedness
utilize with respect to the indebtedness arising from loans and payments made under this subchapter, all the powers and authorities given to him under sections 1150 to 1150b of title 12;
Fee inspectors and appraisers
utilize the services of fee inspectors and fee appraisers to expedite the processing of applications for loans and grants under this subchapter, which services shall be utilized in any case in which a county or district office is unable to expeditiously process such loan and grant applications, and to include the cost of such services in the amount of such loans and grants; and
Rules and regulations
make such rules and regulations as he deems necessary to carry out the purposes of this subchapter.
July 15, 1949, ch. 33863 Stat. 437Pub. L. 94–375, § 25(c)90 Stat. 1078Pub. L. 95–557, title V, § 50392 Stat. 2112Pub. L. 96–153, title V, § 50793 Stat. 1136Pub. L. 96–399, title V94 Stat. 1670Pub. L. 98–181, title I97 Stat. 1243Pub. L. 98–479, title I, § 105(c)98 Stat. 2227Pub. L. 100–242, title III, § 313101 Stat. 1897Pub. L. 100–628, title X, § 1045102 Stat. 3273Pub. L. 101–625, title VII104 Stat. 4291(, title V, § 510, ; , , ; , , ; , , ; , §§ 508, 510, , , 1671; [title V, § 507], , ; , , ; , , ; , , ; , §§ 710, 711, , .)
Editorial Notes
Codification
section 6101 of title 41Pub. L. 111–350, § 6(c)124 Stat. 3854In subsec. (a), “” substituted for “section 3709 of the Revised Statutes, as amended” on authority of , , , which Act enacted Title 41, Public Contracts.
Amendments
Pub. L. 101–625, § 710section 1484 of this titlesection 1485 of this title1990—Subsec. (e)(3). , inserted “, or for use as rental units under with mortgages containing repayment terms with up to 33 years,” after “fifty years” and substituted “, public bodies, or for-profit entities, which have good records of providing low income housing under ” for “or public bodies”.
Pub. L. 101–625, § 711Subsec. (g). , inserted before semicolon at end “, except that rules issued under this subsection may not exclude from their coverage decisions made by the Secretary that are not based on objective standards contained in published regulations”.
Pub. L. 100–2421988—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “compromise claims and obligations arising out of sections 1472 to 1475 of this title and adjust and modify the terms of mortgages, leases, contracts, and agreements entered into as circumstances may require, including the release from personal liability, without payments of further consideration, of—
“(1) borrowers who have transferred their farms to other approved applicants for loans who have agreed to assume the outstanding indebtedness to the Secretary under this subchapter; and
“(2) borrowers who have transferred their farms to other approved applicants for loans who have agreed to assume that portion of the outstanding indebtedness to the Secretary under this subchapter which is equal to the earning capacity value of the farm at the time of the transfer, and borrowers whose farms have been acquired by the Secretary, in cases where the Secretary determines that the original borrowers have cooperated in good faith with the Secretary, have farmed in a workmanlike manner, used due diligence to maintain the security against loss, and otherwise fulfilled the covenants incident to their loans, to the best of their abilities;”.
Pub. L. 100–628Subsec. (d). inserted before semicolon at end “; except that—” and added pars. (1) and (2).
Pub. L. 98–4791984—Subsec. (e). substituted “; such” and “; where” for “. Such” and “. Where”, respectively.
Pub. L. 98–181, § 507(a)1983—Subsec. (e). , inserted provisions relating to the authority of the Secretary to transfer section 1472 inventory property to private nonprofit organizations or public bodies.
Pub. L. 98–181, § 507(b)Subsecs. (j), (k). , added subsec. (j) and redesignated former subsec. (j) as (k).
Pub. L. 96–399, § 508section 1479(a) of this title1980—Subsec. (e)(1). , inserted provisions respecting cost-effective energy conservation standards prescribed under .
Pub. L. 96–399, § 510Subsec. (h). , inserted provisions respecting subsequent loans to permit necessary dwelling repairs and rehabilitation.
Pub. L. 96–1531979—Subsec. (e). substituted “United States therein, to repair and rehabilitate such property, and to sell” for “United States therein and to sell”, and inserted provision that the Secretary may not sell or otherwise dispose of such property unless the conditions in cls. (1) to (3) are satisfied.
Pub. L. 95–5571978—Subsecs. (g) to (j). added subsec. (g) and redesignated former subsecs. (g), (h), and (i) as (h), (i), and (j), respectively.
Pub. L. 94–3751976—Subsecs. (f) to (i). added subsecs. (f) and (g) and redesignated former subsecs. (f) and (g) as (h) and (i), respectively.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of reporting provisions in subsec. (d)(2) of this section, see , as amended, set out as a note under , Money and Finance, and the last item on page 47 of House Document No. 103–7.
Study of Problems Caused by Remote Claims
Pub. L. 95–557, title V, § 50992 Stat. 2114, , , directed Secretary of Agriculture to make a detailed study of problems associated with obtaining title insurance by persons in rural areas with respect to real property encumbered by remote claims and make a final report to Congress with respect to such study not later than one year after .