Page:United States Statutes at Large Volume 110 Part 1.djvu/1119

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PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 1095 "(4) OTHER LAW. —The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) shall not apply to any exercise of authority under this title. "(5) LEASE OF PROPERTY.— "(A) IN GENERAL. — Subject to subparagraph (B), the Secretary may not lease any real property acquired under this title. . "(B) EXCEPTION.— "(i) BEGINNING FARMER OR RANCHER.—The Secretary may lease or contract to sell to a beginning farmer or rancher a farm or ranch acquired by the Secretary under this title if the beginning farmer or rancher qualifies for a credit sale or direct farm ownership loan under subtitle A but credit sale authority for loans or direct farm ownership loan funds, respectively, are not available. "(ii) TERM. — The term of a lease or contract to sell to a beginning farmer or rancher under clause (i) shall be until the earlier of— "(I) the date that is 18 months after the date of the lease or sale; or "(II) the date that direct farm ownership loan funds or credit sale authority for loans becomes available to the beginning farmer or rancher. " (iii) INCOME-PRODUCING CAPABILITY.— In determining the rental rate on real property leased under this subparagraph, the Secretary shall consider the income-producing capability of the property during the term that the property is leased. "(6) EXPEDITED DETERMINATION.— "(A) IN GENERAL.— On the request of an applicant, not later than 30 days after denial of the applicant's application, the appropriate State director shall provide an expedited review and determination of whether the applicant is a beginning farmer or rancher for the purpose of acquiring farm inventory property. "(B) APPEAL. — The determination of a State Director under subparagraph (A) shall be final and not administratively appealable. "(C) EFFECTS OF DETERMINATIONS.— "(i) IN GENERAL.— The Secretary shall maintain Records, statistical deita on the number and results of determinations made under subparagraph (A) and the effect of the determinations on— "(I) selling farm inventory property to beginning farmers and ranchers; and "(II) disposing of real property in inventory, "(ii) NOTIFICATION. — The Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate if the Secretary determines that the review process under subparagraph (A) is adversely affecting the selling of farm inventory property to beginning farmers or ranchers or the disposing of real property in inventory."; and (3) in subsection (e)— (A) in paragraph (1)—