In general
42 U.S.C. 5121The 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 ( et seq.).
Calculation of yields
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.
Affected by a disaster
42 U.S.C. 5121For 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 ( et seq.), including a borrower or applicant who has a qualifying loss but is not located in a designated or declared disaster area.
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.
Pub. L. 87–128, title III, § 331EPub. L. 100–233, title VI, § 606101 Stat. 1667Pub. L. 102–237, title V, § 501(d)(1)105 Stat. 1866Pub. L. 102–552, title V, § 516(g)(1)106 Stat. 4138(, as added , , ; amended , , ; , , .)
Editorial Notes
References in Text
Pub. L. 93–28888 Stat. 143section 5121 of Title 42The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsecs. (a) and (b)(2), is , , , 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 and Tables.
Pub. L. 87–12875 Stat. 307section 1921 of this titleThis chapter, referred to in subsec. (b)(1), (3), was in the original “this title”, meaning title III of , , , 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 and Tables.
Amendments
Pub. L. 102–552, § 516(g)(1)(A)42 U.S.C. 51211992—Subsec. (a). , substituted “Robert T. Stafford Disaster Relief and Emergency Assistance Act ( et seq.)” for “Disaster Relief Act of 1974”.
Pub. L. 102–552, § 516(g)(1)(B)Subsec. (b)(2). , inserted “Robert T. Stafford” before “Disaster Relief”.
Pub. L. 102–2371991— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–552, title V, § 516(g)(2)106 Stat. 4138
Effective Date of 1991 Amendment
Pub. L. 102–237, title V, § 501(d)(3)105 Stat. 1867
In general .—
Exception .—
Regulations
Pub. L. 102–237, title V, § 501(d)(2)105 Stat. 1867