7 U.S.C. § 1991 : US Code - Section 1991: Definitions

      (a) As used in this chapter:
        (1) The term "farmer" includes a person who is engaged in, or
      who, with assistance afforded under this chapter, intends to
      engage in, fish farming.
        (2) The term "farming" shall be deemed to include fish farming.
        (3) The term "owner-operator" shall include in the State of
      Hawaii the lessee-operator of real property in any case in which
      the Secretary determines that such real property cannot be
      acquired in fee simple by such lessee-operator, that adequate
      security is provided for the loan with respect to such real
      property for which such lessee-operator applies under this
      chapter, and that there is a reasonable probability of
      accomplishing the objectives and repayment of such loan.
        (4) The word "insure" as used in this chapter includes
      guarantee, which means to guarantee the payment of a loan
      originated, held, and serviced by a private financial agency or
      other lender approved by the Secretary.
        (5) The term "contract of insurance" includes a contract of
      guarantee.
        (6) The terms "United States" and "State" shall include each of
      the several States, the Commonwealth of Puerto Rico, the Virgin
      Islands of the United States, Guam, American Samoa, the
      Commonwealth of the Northern Mariana Islands, and, to the extent
      the Secretary determines it to be feasible and appropriate, the
      Trust Territory of the Pacific Islands.
        (7) The term "joint operation" means a joint farming operation
      in which two or more farmers work together sharing equally or
      unequally land, labor, equipment, expenses, and income.
        (8) The term "beginning farmer or rancher" means such term as
      defined by the Secretary.
        (9) The term "direct loan" means a loan made or insured from
      funds in the account created by section 1929 of this title.
        (10) The term "farmer program loan" means a farm ownership loan
      (FO) under section 1923 of this title, operating loan (OL) under
      section 1942 of this title, soil and water loan (SW) under
      section 1924 of this title, emergency loan (EM) under section
      1961 of this title, economic emergency loan (EE) under section
      202 of the Emergency Agricultural Credit Adjustment Act (title II
      of Public Law 95-334), economic opportunity loan (EO) under the
      Economic Opportunity Act of 1961 (42 U.S.C. 2942), softwood
      timber loan (ST) under section 1254 of the Food Security Act of
      1985, or rural housing loan for farm service buildings (RHF)
      under section 1472 of title 42.
        (11) The term "qualified beginning farmer or rancher" means an
      applicant, regardless of whether the applicant is participating
      in a program under section 1935 of this title - 
          (A) who is eligible for assistance under this chapter;
          (B) who has not operated a farm or ranch, or who has operated
        a farm or ranch for not more than 10 years;
          (C) in the case of a cooperative, corporation, partnership,
        or joint operation, who has members, stockholders, partners, or
        joint operators who are all related to one another by blood or
        marriage;
          (D)(i) in the case of an owner and operator of a farm or
        ranch, who - 
            (I) in the case of a loan made to an individual,
          individually or with the immediate family of the applicant - 
              (aa) materially and substantially participates in the
            operation of the farm or ranch; and
              (bb) provides substantial day-to-day labor and management
            of the farm or ranch, consistent with the practices in the
            State or county in which the farm or ranch is located; or

            (II)(aa) in the case of a loan made to a cooperative,
          corporation, partnership, or joint operation, has members,
          stockholders, partners, or joint operators, materially and
          substantially participate in the operation of the farm or
          ranch; and
            (bb) in the case of a loan made to a corporation, has
          stockholders, all of whom are qualified beginning farmers or
          ranchers; and

          (ii) in the case of an applicant seeking to own and operate a
        farm or ranch, who - 
            (I) in the case of a loan made to an individual,
          individually or with the immediate family of the applicant,
          will - 
              (aa) materially and substantially participate in the
            operation of the farm or ranch; and
              (bb) provide substantial day-to-day labor and management
            of the farm or ranch, consistent with the practices in the
            State or county in which the farm or ranch is located; or

            (II)(aa) in the case of a loan made to a cooperative,
          corporation, partnership, or joint operation, will have
          members, stockholders, partners, or joint operators,
          materially and substantially participate in the operation of
          the farm or ranch; and
            (bb) in the case of a loan made to a corporation, has
          stockholders, all of whom are qualified beginning farmers or
          ranchers;

          (E) who agrees to participate in such loan assessment,
        borrower training, and financial management programs as the
        Secretary may require;
          (F) who does not own land or who, directly or through
        interests in family farm corporations, owns land, the aggregate
        acreage of which does not exceed 30 percent of the median
        acreage of the farms or ranches, as the case may be, in the
        county in which the farm or ranch operations of the applicant
        are located, as reported in the most recent census of
        agriculture, except that this subparagraph shall not apply to a
        loan made or guaranteed under subchapter II of this chapter;
        and
          (G) who demonstrates that the available resources of the
        applicant and spouse (if any) of the applicant are not
        sufficient to enable the applicant to continue farming or
        ranching on a viable scale.

        (12) Debt forgiveness. - 
          (A) In general. - Except as provided in subparagraph (B), the
        term "debt forgiveness" means reducing or terminating a farmer
        program loan made or guaranteed under this chapter, in a manner
        that results in a loss to the Secretary, through - 
            (i) writing down or writing off a loan under section 2001
          of this title;
            (ii) compromising, adjusting, reducing, or charging-off a
          debt or claim under section 1981 of this title;
            (iii) paying a loss on a guaranteed loan under section 2005
          of this title; or
            (iv) discharging a debt as a result of bankruptcy.

          (B) Exceptions. - The term "debt forgiveness" does not
        include - 
            (i) consolidation, rescheduling, reamortization, or
          deferral of a loan; or
            (ii) any write-down provided as part of a resolution of a
          discrimination complaint against the Secretary.

        (13) Rural and rural area. - 
          (A) In general. - Subject to subparagraphs (B) through (G),
        the terms "rural" and "rural area" mean any area other than - 
            (i) a city or town that has a population of greater than
          50,000 inhabitants; and
            (ii) any urbanized area contiguous and adjacent to a city
          or town described in clause (i).

          (B) Water and waste disposal grants and direct and guaranteed
        loans. - For the purpose of water and waste disposal grants and
        direct and guaranteed loans provided under paragraphs (1), (2),
        and (24) of section 1926(a) of this title, the terms "rural"
        and "rural area" mean a city, town, or unincorporated area that
        has a population of no more than 10,000 inhabitants.
          (C) Community facility loans and grants. - For the purpose of
        community facility direct and guaranteed loans and grants under
        paragraphs (1), (19), (20), (21), and (24) of section 1926(a)
        of this title, the terms "rural" and "rural area" mean any area
        other than a city, town, or unincorporated area that has a
        population of greater than 20,000 inhabitants.
          (D) Areas rural in character. - 
            (i) Application. - This subparagraph applies to - 
              (I) an urbanized area described in subparagraphs (A)(ii)
            and (F) that - 
                (aa) has 2 points on its boundary that are at least 40
              miles apart; and
                (bb) is not contiguous or adjacent to a city or town
              that has a population of greater than 150,000 inhabitants
              or an urbanized area of such city or town; and

              (II) an area within an urbanized area described in
            subparagraphs (A)(ii) and (F) that is within  1/4 -mile of
            a rural area described in subparagraph (A).

            (ii) Determination. - Notwithstanding any other provision
          of this paragraph, on the petition of a unit of local
          government in an area described in clause (i) or on the
          initiative of the Under Secretary for Rural Development, the
          Under Secretary may determine that a part of an area
          described in clause (i) is a rural area for the purposes of
          this paragraph, if the Under Secretary finds that the part is
          rural in character, as determined by the Under Secretary.
            (iii) Administration. - In carrying out this subparagraph,
          the Under Secretary for Rural Development shall - 
              (I) not delegate the authority to carry out this
            subparagraph;
              (II) consult with the applicable rural development State
            or regional director of the Department of Agriculture and
            the governor of the respective State;
              (III) provide to the petitioner an opportunity to appeal
            to the Under Secretary a determination made under this
            subparagraph;
              (IV) release to the public notice of a petition filed or
            initiative of the Under Secretary under this subparagraph
            not later than 30 days after receipt of the petition or the
            commencement of the initiative, as appropriate;
              (V) make a determination under this subparagraph not less
            than 15 days, and not more than 60 days, after the release
            of the notice under subclause (IV);
              (VI) submit to the Committee on Agriculture of the House
            of Representatives and the Committee on Agriculture,
            Nutrition, and Forestry of the Senate an annual report on
            actions taken to carry out this subparagraph; and
              (VII) terminate a determination under this subparagraph
            that part of an area is a rural area on the date that data
            is available for the next decennial census conducted under
            section 141(a) of title 13.

          (E) Exclusions. - Notwithstanding any other provision of this
        paragraph, in determining which census blocks in an urbanized
        area are not in a rural area (as defined in this paragraph),
        the Secretary shall exclude any cluster of census blocks that
        would otherwise be considered not in a rural area only because
        the cluster is adjacent to not more than 2 census blocks that
        are otherwise considered not in a rural area under this
        paragraph.
          (F) Urban area growth. - 
            (i) Application. - This subparagraph applies to - 
              (I) any area that - 
                (aa) is a collection of census blocks that are
              contiguous to each other;
                (bb) has a housing density that the Secretary estimates
              is greater than 200 housing units per square mile; and
                (cc) is contiguous or adjacent to an existing boundary
              of a rural area; and

              (II) any urbanized area contiguous and adjacent to a city
            or town described in subparagraph (A)(i).

            (ii) Adjustments. - The Secretary may, by regulation only,
          consider - 
              (I) an area described in clause (i)(I) not to be a rural
            area for purposes of subparagraphs (A) and (C); and
              (II) an area described in clause (i)(II) not to be a
            rural area for purposes of subparagraph (C).

            (iii) Appeals. - A program applicant may appeal an estimate
          made under clause (i)(I) based on appropriate data for an
          area, as determined by the Secretary.

          (G) Hawaii and puerto rico. - Notwithstanding any other
        provision of this paragraph, within the areas of the County of
        Honolulu, Hawaii, and the Commonwealth of Puerto Rico, the
        Secretary may designate any part of the areas as a rural area
        if the Secretary determines that the part is not urban in
        character, other than any area included in the Honolulu Census
        Designated Place or the San Juan Census Designated Place.

      (b) As used in sections 1927(e), 1981d, 1985(e) and (f), 1988(b),
    2000(b) and (c), 2001, and 2005 of this title:
        (1) The term "borrower" means any farm borrower who has
      outstanding obligations to the Secretary under any farmer program
      loan, without regard to whether the loan has been accelerated,
      but does not include any farm borrower all of whose loans and
      accounts have been foreclosed on or liquidated, voluntarily or
      otherwise.
        (2) The term "loan service program" means, with respect to a
      farmer program borrower, a primary loan service program or a
      preservation loan service program.
        (3) The term "primary loan service program" means - 
          (A) loan consolidation, rescheduling, or reamortization;
          (B) interest rate reduction, including the use of the limited
        resource program;
          (C) loan restructuring, including deferral, set aside, or
        writing down of the principal or accumulated interest charges,
        or both, of the loan; or
          (D) any combination of actions described in subparagraphs
        (A), (B), and (C).

        (4) Preservation loan service program. - The term "preservation
      loan service program" means homestead retention as authorized
      under section 2000 of this title.