7 U.S.C. § 2266b — Eligibility for operators on heirs property land to obtain a farm number

submitted 8 years ago by Pub. L. 115-334 to r/title-7-AGRICULTURE · 432 words · no verdicts yet

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This section lets qualifying farm operators obtain a farm number by providing any of several forms of documentation showing control of heirs-property or other land. The Secretary must recognize the number for program participation and identify alternative documentation.

(a) Definitions. (1) “Eligible documentation” for land for which an operator seeks a farm number includes (A), in a State adopting the Uniform Partition of Heirs Property Act, a court order verifying heirs-property status or a deed-recorder certification that the recorded owner died and at least one heir began retitling proceedings; (B) a signed but unrecorded tenancy-in-common agreement approved by a majority of ownership interests, giving an owner management and control for farming or ranching, and valid under the land’s jurisdiction; (C) the operator’s tax returns for each of the five preceding years for property with undivided interests; (D) the operator’s self-certification of control for farming or ranching; and (E) other documents the Secretary identifies under subsection (c). (2) “Farm number” has the meaning in 7 C.F.R. § 718.2 as it existed December 20, 2018; this section does not define it. (b) Farm number. (1) The Secretary must provide a farm number to an operator who supplies any eligible documentation showing control of the land for treating it as a farm. (2) The number must satisfy any Secretary requirement to have a farm number to participate in a Secretary program. (c) Eligible documentation. The Secretary must identify alternative eligible documents an operator may provide when seeking a number under subsection (b)(1).

the actual law source: uscode.house.gov ↗public domain

(a) Definitions

In this section:

(1) Eligible documentation

The term “eligible documentation”, with respect to land for which a farm operator seeks assignment of a farm number under subsection (b)(1), includes—

(A)

in States that have adopted a statute consisting of an enactment or adoption of the Uniform Partition of Heirs Property Act, as approved and recommended for enactment in all States by the National Conference of Commissioners on Uniform State Laws in 2010—

(i)

a court order verifying the land meets the definition of heirs property (as defined in that Act); or

(ii)

a certification from the local recorder of deeds that the recorded owner of the land is deceased and not less than 1 heir of the recorded owner of the land has initiated a procedure to retitle the land in the name of the rightful heir;

(B)

a fully executed, unrecorded tenancy-in-common agreement that sets out ownership rights and responsibilities among all of the owners of the land that—

(i)

has been approved by a majority of the ownership interests in that property;

(ii)

has given a particular owner the right to manage and control any portion or all of the land for purposes of operating a farm or ranch; and

(iii)

was validly entered into under the authority of the jurisdiction in which the land is located;

(C)

the tax return of a farm operator farming a property with undivided interests for each of the 5 years preceding the date on which the farm operator submits the tax returns as eligible documentation under subsection (b);

(D)

self-certification that the farm operator has control of the land for purposes of operating a farm or ranch; and

(E)

any other documentation identified by the Secretary under subsection (c).

(2) Farm number

The term “farm number” has the meaning given the term in section 718.2 of title 7, Code of Federal Regulations (as in effect on December 20, 2018).

(b) Farm number

(1) In general

The Secretary shall provide for the assignment of a farm number to any farm operator who provides any form of eligible documentation for purposes of demonstrating that the farm operator has control of the land for purposes of defining that land as a farm.

(2) Eligibility

Any farm number provided under paragraph (1) shall be sufficient to satisfy any requirement of the Secretary to have a farm number to participate in a program of the Secretary.

The Secretary shall identify alternative forms of eligible documentation that a farm operator may provide in seeking the assignment of a farm number under subsection (b)(1).

Source credit: (Pub. L. 115–334, title XII, § 12615, Dec. 20, 2018, 132 Stat. 5014.)

history & why it existsrecord from the source credit

2018Enacted · Pub. L. 115-334 · 132 Stat. 5014

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-334 on 2018-12-20.

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