These improvements are part of USDA’s commitment to increase
equity in all programs, including farm loans that provide
important access to capital for covering operating expenses and
purchasing land and equipment.
The 2018 Farm Bill authorized FSA to provide equitable relief to
certain direct loan borrowers, who are non-compliant with
program requirements due to good faith reliance on a material
action of, advice of, or non-action from an FSA official.
Previously, borrowers may have been required to immediately
repay the loan or convert it to a non-program loan with higher
interest rates, less favorable terms, and limited loan
servicing.
Now, FSA has additional flexibilities to assist borrowers in
such situations. If the agency provided incorrect guidance to an
existing direct loan borrower, the agency may provide equitable
relief to that borrower. FSA may assist the borrower by allowing
the borrower to keep their loans at current rates or other terms
received in association with the loan which was determined to be
noncompliant or the borrower may receive other equitable relief
for the loan as the Agency determines to be appropriate.
USDA encourages producers to reach out to their local loan
officials to ensure they fully understand the wide range of loan
and servicing options available that can assist them in
starting, expanding or maintaining their operation.
Additional Updates
Equitable relief is one of several changes authorized by the
2018 Farm Bill that USDA has made to the direct and guaranteed
loan programs. Other changes that were previously implemented
include:
-
Modifying the
existing three-year farming experience requirement for
Direct Farm Ownership loans to include additional items as
acceptable experience.
-
Allowing socially
disadvantaged and beginning farmer applicants to receive a
guarantee equal to 95%, rather than the otherwise applicable
90% guarantee.
-
Expanding the
definition of and providing additional benefits to veteran
farmers.
-
Allowing borrowers
who received restructuring with a write down to maintain
eligibility for an Emergency loan.
-
Expanding the scope
of eligible issues and persons covered under the
agricultural Certified Mediation Program.
Additional information on these changes is available in the
March 8, 2022 rule on the Federal Register.
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More Background
FSA has taken other recent steps to increase equity in its programs.
Last summer, USDA announced it was providing $67 million in
competitive loans through its new Heirs’ Property Relending Program
to help agricultural producers and landowners resolve heirs’ land
ownership and succession issues. FSA also invested $4.7 million to
establish partnerships with organizations to provide outreach and
technical assistance to historically underserved farmers and
ranchers, which contributed to a fourfold increase in participation
by historically underserved producers in the Coronavirus Food
Assistance Program 2 (CFAP 2), a key pandemic assistance program,
since April 2021.
Additionally, in January 2021, Secretary Vilsack announced a
temporary suspension of past-due debt collection and foreclosures
for distressed direct loan borrowers due to the economic hardship
imposed by the COVID-19 pandemic.
Producers can explore available loan options using the Farm Loan
Discover Tool on farmers.gov (also available in Spanish) or by
contacting their local USDA Service Center. Service Center staff
continue to work with agricultural producers via phone, email, and
other digital tools. Due to the pandemic, some USDA Service Centers
are open to limited visitors. Producers can contact their local
Service Center to set up an in-person or phone appointment to
discuss loan options.
USDA touches the lives of all Americans each day in so many positive
ways. In the Biden-Harris Administration, USDA is transforming
America’s food system with a greater focus on more resilient local
and regional food production, fairer markets for all producers,
ensuring access to safe, healthy and nutritious food in all
communities, building new markets and streams of income for farmers
and producers using climate smart food and forestry practices,
making historic investments in infrastructure and clean energy
capabilities in rural America, and committing to equity across the
Department by removing systemic barriers and building a workforce
more representative of America. To learn more, visit usda.gov.
[Illinois Farm Service Agency]
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