Title 7 — Agriculture
Chapter 50 — Agricultural Credit
§ 2003. Target participation rates
Statutory text
Establishment
In general
The Secretary shall establish annual target participation rates, on a county wide basis, that shall ensure that members of socially disadvantaged groups will receive loans made or insured under subchapter I and will have the opportunity to purchase or lease inventory farmland.
Group population
Except as provided in paragraph (3), in establishing such target rates the Secretary shall take into consideration the portion of the population of the county made up of such groups, and the availability of inventory farmland in such county.
Gender
With respect to gender, target participation rates shall take into consideration the number of current and potential socially disadvantaged farmers and ranchers in a State in proportion to the total number of farmers and ranchers in the State.
Reservation and allocation
Reservation
The Secretary shall, to the greatest extent practicable, reserve sufficient loan funds made available under subchapter I, for use by members of socially disadvantaged groups identified under target participation rates established under subsection (a).
Allocation
The Secretary shall allocate such loans on the basis of the proportion of members of socially disadvantaged groups in a county and the availability of inventory farmland, with the greatest amount of loan funds being distributed in the county with the greatest proportion of socially disadvantaged group members and the greatest amount of available inventory farmland.
Indian reservations
In distributing loan funds in counties within the boundaries of an Indian reservation, the Secretary shall allocate the funds on a reservation-wide basis.
Operating loans
Establishment
The Secretary shall establish annual target participation rates, that shall ensure that socially disadvantaged farmers or ranchers will receive loans made or insured under subchapter II. In establishing such target rates, the Secretary shall consider the number of socially disadvantaged farmers and ranchers in a State in proportion to the total number of farmers and ranchers in that State.
Reservation and allocation
The Secretary shall, to the greatest extent practicable, reserve and allocate the proportion of each State’s loan funds made available under subchapter II that is equal to that State’s target participation rate for use by the socially disadvantaged farmers or ranchers in that State. The Secretary shall, to the extent practicable, distribute the total so derived on a county by county basis according to the number of socially disadvantaged farmers or ranchers in the county. Any funds reserved and allocated under this paragraph but not used within a State shall, to the extent necessary to satisfy pending applications under this chapter, be available for use by socially disadvantaged farmers and ranchers in other States, as determined by the Secretary, and any remaining funds shall be reallocated within the State.
Report
The Secretary shall prepare and submit, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that describes the annual target participation rates and the success in meeting such rates.
Definitions
Socially disadvantaged group
As used in this section, the term “socially disadvantaged group” means a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities.
Socially disadvantaged farmer or rancher
As used in this section, the term “socially disadvantaged farmer or rancher” means a farmer or rancher who is a member of a socially disadvantaged group.
Implementation consistent with Supreme Court holding
Not later than 180 days after , the Secretary shall ensure that the implementation of this section is consistent with the holding of the Supreme Court in Adarand Constructors, Inc. v. Federico Pena, Secretary of Transportation, 115 S. Ct. 2097 (1995).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Agricultural Act of 1961
Pub. L. 87–128 title III § 355 · 75 Stat. 294
Enacted · 7 U.S.C. § 2003
Pub. L. 87–128, title III, § 355, as added Pub. L. 100–233, title VI, § 617, Jan. 6, 1988, 101 Stat. 1682
Source evidence
Code source credit
Pub. L. 87–128, title III, § 355, as added Pub. L. 100–233, title VI, § 617, Jan. 6, 1988, 101 Stat. 1682Food, Agriculture, Conservation, and Trade Act of 1990
Pub. L. 101–624 § 1817 · 104 Stat. 3359
Added · 7 U.S.C. § 2003(b)(3)
Pub. L. 101–624, § 1817, added par. (3)
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 101–624, § 1817, added par. (3).Enacted provision · exact public law section
SEC. 1817. DISTRIBUTION OF FUNDS ON INDIAN RESERVATIONS. Section 355(b) (7 U.S.C. 355(b)) is amended by adding at the end 7 USC 2003. the following new paragraph: “(3) Indian reservations.— In distributing loan funds in counties within the boundaries of an Indian reservation, the Secretary shall allocate the funds on a reservation-wide basis.”.Food, Agriculture, Conservation, and Trade Act of 1990
Pub. L. 101–624 § 2501(f)(1) · 104 Stat. 3359
Added · 7 U.S.C. § 2003(c); 7 U.S.C. § 2003(d)
Pub. L. 101–624, § 2501(f)(1)–(3), added subsec. (c)
Redesignated · 7 U.S.C. § 2003(c); 7 U.S.C. § 2003(d)
Pub. L. 101–624, § 2501(f)(1)–(3), redesignated former subsec. (c) as (d)
Struck · 7 U.S.C. § 2003(c); 7 U.S.C. § 2003(d)
Pub. L. 101–624, § 2501(f)(1)–(3), struck out former subsec. (d) which read as follows: “As used in this section, the term ‘socially disadvantaged group’ means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.”
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 101–624, § 2501(f)(1)–(3), added subsec. (c), redesignated former subsec. (c) as (d), and struck out former subsec. (d) which read as follows: “As used in this section, the term ‘socially disadvantaged group’ means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.”Enacted provision · exact public law section
(1) by striking out subsection (d);Food, Agriculture, Conservation, and Trade Act of 1990
Pub. L. 101–624 § 2501(f)(4) · 104 Stat. 3359
Added · 7 U.S.C. § 2003(e)
Pub. L. 101–624, § 2501(f)(4), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–624, § 2501(f)(4), added subsec. (e).Enacted provision · exact public law section
(4) by inserting after subsection (d) (as so redesignated) the following new subsection: “(e) Definitions.— “(1) Socially disadvantaged group.— As used in this section, the term ‘socially disadvantaged group’ means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. “(2) Socially disadvantaged farmer or rancher.— As used in this section, the term ‘socially disadvantaged farmer or rancher’ means a farmer or rancher who is a member of a socially disadvantaged group.”;Agricultural Credit Improvement Act of 1992
Pub. L. 102–554 § 21(a)(1) · 106 Stat. 4142
Substituted · 7 U.S.C. § 2003(a)(2)
Pub. L. 102–554, § 21(a)(1), substituted “Except as provided in paragraph (3), in establishing” for “In establishing”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 102–554, § 21(a)(1), substituted “Except as provided in paragraph (3), in establishing” for “In establishing”.Agricultural Credit Improvement Act of 1992
Pub. L. 102–554 § 21(a)(2) · 106 Stat. 4142
Added · 7 U.S.C. § 2003(a)(3)
Pub. L. 102–554, § 21(a)(2), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 102–554, § 21(a)(2), added par. (3).Agricultural Credit Improvement Act of 1992
Pub. L. 102–554 § 21(b) · 106 Stat. 4142
Substituted · 7 U.S.C. § 2003(e)(1)
Pub. L. 102–554, § 21(b), substituted “, ethnic, or gender” for “or ethnic”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 102–554, § 21(b), substituted “, ethnic, or gender” for “or ethnic”.Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 title VI § 647 · 110 Stat. 888
Added · 7 U.S.C. § 2003(f)
Pub. L. 104–127 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–127 added subsec. (f).Enacted provision · exact public law section
SEC. 647. IMPLEMENTATION OF TARGET PARTICIPATION RATES. Section 355 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003) is amended by adding at the end the following: “(f) Implementation Consistent With Supreme Court Holding.— Not later than 180 days after the date of enactment of this subsection, the Secretary shall ensure that the implementation of this section is consistent with the holding of the Supreme Court in Adarand Constructors, Inc. v. Federico Pena, Secretary of Transportation, 115 S. Ct. 2097 (1995).”.Pub. L. 107–171 title V § 5315 · 116 Stat. 134
Substituted · 7 U.S.C. § 2003(c)(2)
Pub. L. 107–171 substituted “Any funds reserved and allocated under this paragraph but not used within a State shall, to the extent necessary to satisfy pending applications under this chapter, be available for use by socially disadvantaged farmers and ranchers in other States, as determined by the Secretary, and any remaining funds shall be reallocated within the State.” for “Any funds reserved and allocated for purposes of this paragraph, but not used shall be reallocated within such State.”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 107–171 substituted “Any funds reserved and allocated under this paragraph but not used within a State shall, to the extent necessary to satisfy pending applications under this chapter, be available for use by socially disadvantaged farmers and ranchers in other States, as determined by the Secretary, and any remaining funds shall be reallocated within the State.” for “Any funds reserved and allocated for purposes of this paragraph, but not used shall be reallocated within such State.”Enacted provision · exact public law section
SEC. 5315. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. The last sentence of section 355(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(c)(2)) is amended to read as follows: “Any funds reserved and allocated under this paragraph but not used within a State shall, to the extent necessary to satisfy pending applications under this title, be available for use by socially disadvantaged farmers and ranchers in other States, as determined by the Secretary, and any remaining funds shall be reallocated within the State.”.
7 of 11 references resolved to an enrolled provision · 4 partial
Editorial Notes
References in Text
For definition of “this chapter”, referred to in subsecs. (c)(2), see note set out under section 1921 of this title.
Amendments1990–2002 · 4 rounds
2002
Subsec. (c)(2). Pub. L. 107–171 substituted “Any funds reserved and allocated under this paragraph but not used within a State shall, to the extent necessary to satisfy pending applications under this chapter, be available for use by socially disadvantaged farmers and ranchers in other States, as determined by the Secretary, and any remaining funds shall be reallocated within the State.” for “Any funds reserved and allocated for purposes of this paragraph, but not used shall be reallocated within such State.”
1996
Subsec. (f). Pub. L. 104–127 added subsec. (f).
1992
Subsec. (a)(2). Pub. L. 102–554, § 21(a)(1), substituted “Except as provided in paragraph (3), in establishing” for “In establishing”.
Subsec. (a)(3). Pub. L. 102–554, § 21(a)(2), added par. (3).
Subsec. (e)(1). Pub. L. 102–554, § 21(b), substituted “, ethnic, or gender” for “or ethnic”.
1990
Subsec. (b)(3). Pub. L. 101–624, § 1817, added par. (3).
Subsecs. (c), (d). Pub. L. 101–624, § 2501(f)(1)–(3), added subsec. (c), redesignated former subsec. (c) as (d), and struck out former subsec. (d) which read as follows: “As used in this section, the term ‘socially disadvantaged group’ means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.”
Subsec. (e). Pub. L. 101–624, § 2501(f)(4), added subsec. (e).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective , of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (d) of this section is listed on page 44), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Credits
1988–2002 · 5 acts
- 1988Pub. L. 87–128, title III, § 355, as added Pub. L. 100–233, title VI, § 617, , 101 Stat. 1682
- 1990amended Pub. L. 101–624, title XVIII, § 1817, title XXV, § 2501(f), , 104 Stat. 3829, 4065
- 1992Pub. L. 102–554, § 21(a), (b), , 106 Stat. 4161
- 1996Pub. L. 104–127, title VI, § 647, , 110 Stat. 1104
- 2002Pub. L. 107–171, title V, § 5315, , 116 Stat. 348.
Show as published
(Pub. L. 87–128, title III, § 355, as added Pub. L. 100–233, title VI, § 617, , 101 Stat. 1682; amended Pub. L. 101–624, title XVIII, § 1817, title XXV, § 2501(f), , 104 Stat. 3829, 4065; Pub. L. 102–554, § 21(a), (b), , 106 Stat. 4161; Pub. L. 104–127, title VI, § 647, , 110 Stat. 1104; Pub. L. 107–171, title V, § 5315, , 116 Stat. 348.)