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					                                                                   RHS, RBS, RUS, FSA, USDA                                                                       § 1956.147

                                                                   legal representative. The appropriate                     Economic Opportunity Cooperative
                                                                   legend, such as ‘‘Satisfied by Approved                   loans, Claims Against Third Party Con-
                                                                   Compromise,’’ and the date of the final                   verters, Nonprogram loans, Industrial
                                                                   action will be stamped or typed on the                    Development Grants, Rural Develop-
                                                                   original document. This same informa-                     ment Loan Fund loans, Intermediary
                                                                   tion plus the date the original docu-                     Relending Program loans, Nonprofit
                                                                   ment is returned to the debtor will be                    National Corporations Loans and
                                                                   shown on a copy to be placed in the                       Grants, Indian Tribal Land Acquisition
                                                                   debtor’s case folder.                                     Loans (to the extent settlement cannot
                                                                     (b) Essential FmHA or its successor                     be effected pursuant to § 1956.137), and
                                                                   agency under Public Law 103–354                           601 Energy Impact Assistance Grants
                                                                   records evidencing debts cancelled                        are programs that must be settled
                                                                   without application will be placed in                     under the FCCAJS.
                                                                   the debtor’s case folder and disposed of                    (a) Debt settlement of the subject
                                                                   pursuant to FmHA or its successor                         loans and claims falls in the following
                                                                   agency under Public Law 103–354 In-                       categories:
                                                                   struction 2033–A (available in any                          (1) Settlement of loans and claims
                                                                   FmHA or its successor agency under                        may be approved by the Administrator
                                                                   Public Law 103–354 office). However, if                   when the outstanding balance of the
                                                                   the debtor requests the document(s),                      indebtedness involved in the settle-
                                                                   they must be stamped ‘‘Satisfied by                       ment in $20,000 or less, exclusive of in-
                                                                   Approved Cancellation’’ and returned.                     terest, penalties, and administrative
                                                                     (c) Essential FmHA or its successor                     costs. These loans and claims will be
                                                                   agency under Public Law 103–354                           submitted to the National Office on
                                                                   records evidencing charged off debts                      Form FmHA or its successor agency
                                                                   will be retained in the servicing office                  under Public Law 103–354 1956–1, ‘‘Ap-
                                                                   and will not be stamped or returned to                    plication for Settlement of Indebted-
                                                                   the debtor. They will be destroyed six                    ness,’’ for debt settlement. Subsequent
                                                                   years after chargeoff pursuant to                         to approval, Form FmHA or its suc-
                                                                   FmHA or its successor agency under                        cessor agency under Public Law 103–354
                                                                   Public Law 103–354 Instruction 2033–A                     1956–1 will be distributed in accordance
                                                                   (available in any FmHA or its suc-                        with the Forms Manual Insert (FMI).
                                                                   cessor agency under Public Law 103–354                      (2) Loans and claims with an out-
                                                                   office).                                                  standing balance of $200,000 or less in-
                                                                   [53 FR 13100, Apr. 21, 1988, as amended at 58             clusive of interest, penalties, and ad-
                                                                   FR 21346, Apr. 21, 1993]                                  ministrative costs, but with an out-
                                                                                                                             standing balance greater than $20,000,
                                                                   § 1956.146      [Reserved]                                exclusive of interest, penalties, and ad-
                                                                                                                             ministrative costs, after approval by
                                                                   § 1956.147 Debt settlement under the                      the State Director will be referred to
                                                                       Federal Claims Collection Act.                        your Regional Office of the General
                                                                      The U.S. Department of Justice                         Counsel (OGC) for referral to the
                                                                   (DOJ) and the General Accounting Of-                      United States Attorney in whose judi-
                                                                   fice are charged with the responsibility                  cial district the debtor can be found.
                                                                   for implementing the Federal Claims                       The form to be used is the Claims Col-
                                                                   Collection Act and have promulgated                       lection Litigation Report (CCLR). This
                                                                   the Federal Claims Collection Act                         form should be available through the
                                                                   Joint Standards (FCCAJS) (4 CFR                           U.S. Attorney. A memorandum from
                                                                   parts 101–105) to inform Government                       the State Director should be attached
                                                                   Agencies on how to settle debts and                       to the CCLR recommending acceptance
                                                                   claims which the Agency does not have                     of the debt settlement. If the State Di-
                                                                   independent statutory authority to                        rector after reviewing the CCLR does
                                                                   settle. With the exception of loans and                   not recommend acceptance, the State
                                                                   claims with outstanding balances of                       Director has the authority to reject
                                                                   $20,000 or less, exclusive of interest,                   the debt settlement.
                                                                   penalties, and administrative costs,                        (3) Loans and claims with an out-
                                                                   settlements must be submitted to and                      standing balance over $200,000, inclu-
erowe on DSK2VPTVN1PROD with CFR

                                                                   approved by the United States Attor-                      sive of interest, penalties, and adminis-
                                                                   ney or the DOJ. Debt Settlement of                        trative costs, will be referred to the


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                                                                   § 1956.148                                                            7 CFR Ch. XVIII (1–1–12 Edition)

                                                                   Administrator and will include the fol-                   agency under Public Law 103–354 de-
                                                                   lowing:                                                   cides not to settle a loan or claim.
                                                                     (i) The case file(s).                                   [55 FR 30197, July 25, 1990, as amended at 59
                                                                     (ii) A completed CCLR.                                  FR 46162, Sept. 7, 1994]
                                                                     (iii) Copies of the notes, security
                                                                   agreements, and mortgages.                                § 1956.148     Exception authority.
                                                                     (iv) A current appraisal of any secu-                     The Administrator may make an ex-
                                                                   rity owned by the debtor.                                 ception to any requirement or provi-
                                                                     (v) A narrative which will include:                     sion of this subpart which is not incon-
                                                                     (A) Recommendation for the accept-                      sistent with the authorizing statute or
                                                                   ance of the debt settlement.                              other applicable law if the Adminis-
                                                                     (B) The type of loan involved, a short                  trator determines that application of
                                                                   history of the loan, and why the debtor                   the requirement or provision would ad-
                                                                   failed.                                                   versely affect the Government’s inter-
                                                                     (C) Steps taken to collect the loan(s).                 est. Requests for exceptions must be
                                                                     (D) An analysis of the debtor’s future                  made in writing by the State Director
                                                                   repayment ability. This should discuss                    and supported with documentation to
                                                                   if the debtor has any other assets or                     explain the adverse effect on the Gov-
                                                                   has concealed or improperly trans-                        ernment’s interest, propose alternative
                                                                   ferred assets, if known. If the debtor is                 courses of action, and show how the ad-
                                                                   an individual, this should include con-                   verse effect will be eliminated or mini-
                                                                   sideration of the debtor’s present and                    mized if the exception is granted. Any
                                                                   potential income and inheritance pros-                    settlement actions approved by the Ad-
                                                                   pects.                                                    ministrator under this section will be
                                                                                                                             documented on Form FmHA or its suc-
                                                                     (E) Why acceptance of the debt set-
                                                                                                                             cessor agency under Public Law 103–354
                                                                   tlement offer is in the best interest of
                                                                                                                             1956–1 and returned to the State Office
                                                                   the Government.
                                                                                                                             for submission to the Finance Office.
                                                                     (4) If the Administrator concurs with
                                                                   the recommendation for the debt set-                      § 1956.149     [Reserved]
                                                                   tlement, it will be referred by the
                                                                   FmHA or its successor agency under                        § 1956.150     OMB control number.
                                                                   Public Law 103–354 National Office to                       The reporting requirements con-
                                                                   OGC for referral to the Commercial                        tained in this regulation have been ap-
                                                                   Litigation Branch, Civil Division, U.S.                   proved by the Office of Management
                                                                   Department of Justice, Washington,                        and Budget and assigned OMB control
                                                                   DC 20530.                                                 number 0575–0124. Public reporting bur-
                                                                     (b) When a debtor has a Community                       den for this collection of information is
                                                                   Programs or Business and Industry                         estimated to vary from 1⁄2 hour to 30
                                                                   loans(s) and defined in this subpart,                     hours per response with an average of
                                                                   these loan(s) will be debt settled under                  8.14 hours per response, including the
                                                                   the authority of the Consolidated Farm                    time    for    reviewing     instructions,
                                                                   and Rural Development Act. In such                        searching existing data sources, gath-
                                                                   cases, the subject loans and claims                       ering and maintaining the data needed,
                                                                   should be listed under part II(B) on                      and completing and reviewing the col-
                                                                   Form FmHA or its successor agency                         lection of information. Send comments
                                                                   under Public Law 103–354 1956–1, as                       regarding this burden estimate or any
                                                                   other debts owed FmHA or its suc-                         other aspect of this collection of infor-
                                                                   cessor agency under Public Law 103–                       mation, including suggestions for re-
                                                                   354. Normally, all the security for the                   ducing this burden, to Department of
                                                                   subject loans and claims should be dis-                   Agriculture, Clearance Officer, OIRM,
                                                                   posed of prior to the submission for                      Ag Box 7630, Washington, D.C. 20250;
                                                                   debt settlement.                                          and to the Office of Information and
                                                                                                                             Regulatory Affairs, Office of Manage-
                                                                     (c) It is not necessary to obtain ap-
                                                                                                                             ment and Budget, Washington, DC
                                                                   proval of the United States Attorney
erowe on DSK2VPTVN1PROD with CFR

                                                                   or the DOJ (as the case may be) in
                                                                   cases where FmHA or its successor                         [59 FR 46162, Sept. 7, 1994]


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