Title 7AgricultureRelease 119-73

§1936 Beginning farmer or rancher and socially disadvantaged farmer or rancher contract land sales program

Title 7 › Chapter CHAPTER 50— - AGRICULTURAL CREDIT › Subchapter SUBCHAPTER I— - REAL ESTATE LOANS › § 1936

Last updated Apr 6, 2026|Official source

Summary

The Secretary must guarantee loans that private sellers make to qualified beginning farmers or ranchers and to socially disadvantaged farmers or ranchers who buy a farm or ranch under a contract land sale. Qualified beginning farmer or rancher — a new farmer or rancher who meets the program’s rules. Socially disadvantaged farmer or rancher — a person the program recognizes as from a group that has faced disadvantages. To get a guarantee the buyer must own and run the farm when the sale finishes, have a credit record the Secretary finds acceptable, and show they cannot get enough credit on reasonable terms without the guarantee. The buyer must put at least 5 percent down. The price or appraisal cannot exceed $500,000. The guarantee lasts 10 years. The seller may choose a prompt payment plan that covers 3 annual installments (or the same amount including taxes and insurance for that period) or a standard plan that covers 90 percent of the remaining loan. For the standard plan the seller must use an escrow agent (like a commercial lender) or another approved arrangement with the buyer. The Secretary may phase in these changes, but all must be in place for the 2011 Fiscal Year.

Full Legal Text

Title 7, §1936

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall, in accordance with this section, guarantee a loan made by a private seller of a farm or ranch to a qualified beginning farmer or rancher or socially disadvantaged farmer or rancher (as defined in section 2003(e)(2) of this title) on a contract land sales basis.
(b)In order to be eligible for a loan guarantee under subsection (a)—
(1)the qualified beginning farmer or rancher or socially disadvantaged farmer or rancher shall—
(A)on the date the contract land sale that is subject of the loan is complete, own and operate the farm or ranch that is the subject of the contract land sale;
(B)have a credit history that—
(i)includes a record of satisfactory debt repayment, as determined by the Secretary; and
(ii)is acceptable to the Secretary; and
(C)demonstrate to the Secretary that the farmer or rancher, as the case may be, is unable to obtain sufficient credit without a guarantee to finance any actual need of the farmer or rancher, as the case may be, at a reasonable rate or term; and
(2)the loan shall meet applicable underwriting criteria, as determined by the Secretary.
(c)(1)The Secretary shall not provide a loan guarantee under subsection (a) if the contribution of the qualified beginning farmer or rancher or socially disadvantaged farmer or rancher to the down payment for the farm or ranch that is the subject of the contract land sale would be less than 5 percent of the purchase price of the farm or ranch.
(2)The Secretary shall not provide a loan guarantee under subsection (a) if the purchase price or the appraisal value of the farm or ranch that is the subject of the contract land sale is greater than $500,000.
(d)The period during which a loan guarantee under this section is in effect shall be the 10-year period beginning with the date the guarantee is provided.
(e)(1)A private seller of a farm or ranch who makes a loan that is guaranteed by the Secretary under subsection (a) may select—
(A)a prompt payment guarantee plan, which shall cover—
(i)3 amortized annual installments; or
(ii)an amount equal to 3 annual installments (including an amount equal to the total cost of any tax and insurance incurred during the period covered by the annual installments); or
(B)a standard guarantee plan, which shall cover an amount equal to 90 percent of the outstanding principal of the loan.
(2)In order for a private seller to be eligible for a standard guarantee plan referred to in paragraph (1)(B), the private seller shall—
(A)secure a commercial lending institution or similar entity, as determined by the Secretary, to serve as an escrow agent; or
(B)in cooperation with the farmer or rancher, use an appropriate alternate arrangement, as determined by the Secretary.
(f)(1)The Secretary may phase-in the implementation of the changes to the Beginning Farmer and Rancher and Socially Disadvantaged Farmer or Rancher Contract Land Sales Program provided for in this section.
(2)All changes to the Beginning Farmer and Rancher and Socially Disadvantaged Farmer or Rancher Contract Land Sales Program must be implemented for the 2011 Fiscal Year.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 1936, Pub. L. 87–128, title III, § 310F, as added Pub. L. 102–554, § 7(b), Oct. 28, 1992, 106 Stat. 4146, related to availability of farm ownership loans and loan guarantees for certain qualified beginning farmers and ranchers, prior to repeal by Pub. L. 104–127, title VI, § 616(b), Apr. 4, 1996, 110 Stat. 1090.

Amendments

2008—Pub. L. 110–246, § 5005, amended section generally, substituting provisions relating to guarantee of a loan made by a private seller of a farm or ranch to a qualified beginning farmer or rancher or socially disadvantaged farmer or rancher on a contract land sales basis, for similar provisions relating to a pilot program in fiscal years 2003 through 2007.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section 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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1936

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73