cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
6 rows where agency = "FSA" and part_number = 781 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:7.1.1.4.27.0.9.1 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.1 General. | FSA | The purpose of these regulations is to set forth the requirements designed to implement the Agricultural Foreign Investment Disclosure Act of 1978. The regulations require that a foreign person who acquires, disposes of, or holds an interest in United States agricultural land shall disclose such transactions and holdings to the Secretary of Agriculture. In particular, the regulations establish a system for the collection of information by the Agricultural Stablization and Conservation Service (FSA) pertaining to foreign investment in United States agricultural land. The information collected will be utilized in the preparation of periodic reports to Congress and the President by the Economic Research Service (ERS) concerning the effect of such holdings upon family farms and rural communities. | ||||||
| 7:7:7.1.1.4.27.0.9.2 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.2 Definitions. | FSA | [49 FR 35074, Sept. 6, 1984, as amended at 58 FR 48274, Sept. 15, 1993] | In determining the meaning of the provisions of this part, unless the context indicates otherwise, words importing the singular include and apply to several persons or things, words importing the plural include the singular, and words used in the present tense include the future as well as the present. The following terms shall have the following meanings: (a) AFIDA. AFIDA means the Agricultural Foreign Investment Disclosure Act of 1978. (b) Agricultural land. Agricultural land means land in the United States used for forestry production and land in the United States currently used for, or, if currently idle, land last used within the past five years, for farming, ranching, or timber production, except land not exceeding ten acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced thereon do not exceed $1,000. Farming, ranching, or timber production includes, but is not limited to, activities set forth in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management. Land used for forestry production means, land exceeding 10 acres in which 10 percent is stocked by trees of any size, including land that formerly had such tree cover and that will be naturally or artificially regenerated. (c) Any interest. Any interest means all interest acquired, transferred or held in agricultural lands by a foreign person, except: (1) Security interests; (2) Leaseholds of less than 10 years; (3) Contingent future interests; (4) Noncontingent future interests which do not become possessory upon the termination of the present possessory estate; (5) Surface or subsurface easements and rights of way used for a purpose unrelated to agricultural production; and (6) An interest solely in mineral rights. (d) County. County means a political … | |||||
| 7:7:7.1.1.4.27.0.9.3 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.3 Reporting requirements. | FSA | [49 FR 35074, Sept. 6, 1984, as amended at 51 FR 25993, July 18, 1986] | (a) All reports required to be filed pursuant to this part shall be filed with the FSA County office in the county where the land with respect to which such report must be filed is located or where the FSA County office administering programs carried out on such land is located; Provided, that the FSA office in Washington, DC, may grant permission to foreign persons to file reports directly with its Washington office when complex filings are involved, such as where the land being reported is located in more than one county. (b) Any foreign person who held, holds, acquires, or transfers any interest in United States agricultural land is subject to the requirement of filing a report on form FSA-153 by the following dates: (1) August 1, 1979, if the interest in the agricultural land was held on the day before February 2, 1979, or (2) Ninety days after the date of acquisition or transfer of the interest in the agricultural land, if the interest was acquired or transferred on or after February 2, 1979. (c) Any person who holds or acquires any interest in United States agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person must submit, not later than 90 days after the date on which such person becomes a foreign person, a report containing the information required to be submitted under paragraph (e) of this section. (d) Any foreign person who holds or acquires any interest in United States land at a time when such land is not agricultural land and such land subsequently becomes agricultural land must submit, not later than 90 days after the date on which such land becomes agricultural, a report containing the information required to be submitted under paragraph (e) of this section. (e) Any foreign person required to submit a report under this regulation, except under paragraph (g) of this section, shall file an FSA-153 report containing the following information: (1) The legal name and the address of such foreign person; (2) In any case in which such fo… | |||||
| 7:7:7.1.1.4.27.0.9.4 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.4 Assessment of penalties. | FSA | (a) Violation of the reporting obligations will consist of: (1) Failure to submit any report in accordance with § 781.3; (2) Failure to maintain any submitted report with accurate information; or (3) Submission of a report which the foreign person knows: (i) Does not contain, initially or within thirty days from the date of a letter returning for completion such incomplete report, all the information required to be in such report; or (ii) Contains misleading or false information. (b) Any foreign person who violates the reporting obligation as described in paragraph (a) of this section shall be subject to the following penalties: (1) Late-filed reports: One-tenth of one percent of the fair market value, as determined by the Farm Service Agency, of the foreign person's interest in the agricultural land, with respect to which such violation occurred, for each week or portion thereof that such violation continues, but the total penalty imposed shall not exceed 25 percent of the fair market value of the foreign person's interest in such land. (2) Submission of an incomplete report or a report containing misleading or false information, failure to submit a report or failure to maintain a submitted report with accurate information: 25 percent of the fair market value, as determined by the Farm Service Agency, of the foreign person's interest in the agricultural land with respect to which such violation occurred. (3) Penalties prescribed above are subject to downward adjustments based on factors including: (i) Total time the violation existed. (ii) Method of discovery of the violation. (iii) Extenuating circumstances concerning the violation. (iv) Nature of the information misstated or not reported. (c) The fair market value for the land, with respect to which such violation occurred, shall be such value on the date the penalty is assessed, or if the land is no longer agricultural, on the date it was last used as agricultural land. The price or current estimated value reported by the foreign person, as veri… | ||||||
| 7:7:7.1.1.4.27.0.9.5 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.5 Penalty review procedure. | FSA | [49 FR 35074, Sept. 6, 1984, as amended at 60 FR 67318, Dec. 29, 1995] | (a) Whenever it appears that a foreign person has violated the reporting obligation as described in paragraph (a) of § 781.4, a written notice of apparent liability will be sent to the foreign person's last known address by the Farm Service Agency. This notice will set forth the facts which indicate apparent liability, identify the type of violation listed in paragraph (a) of § 781.4 which is involved, state the amount of the penalty to be imposed, include a statement of fair market value of the foreign person's interest in the subject land, and summarize the courses of action available to the foreign person. (b) The foreign person involved shall respond to a notice of apparent liability within 60 days after the notice is mailed. If a foreign person fails to respond to the notice of apparent liability, the proposed penalty shall become final. Any of the following actions by the foreign person shall constitute a response meeting the requirements of this paragraph. (1) Payment of the proposed penalty in the amount specified in the notice of apparent liability and filing of a report, if required, in compliance with § 781.3. The amount shall be paid by check or money order drawn to the Treasurer of the United States and shall be mailed to the U.S. Department of Agriculture, P.O. Box 2415, Washington, DC 20013. The Department is not responsible for the loss of currency sent through the mails. (2) Submission of a written statement denying liability for the penalty in whole or in part. Allegations made in any such statement must be supported by detailed factual data. The statement should be mailed to the Administrator, Farm Service Agency, U.S. Department of Agriculture, P.O. Box 2415, Washington, DC 20013. (3) A request for a hearing on the proposed penalty may be filed in accordance with part 780 of this title. (c) After a final decision is issued pursuant to an appeal under part 780 of this title, the Administrator or Administrator's designee shall mail the foreign person a notice of the determination on appeal,… | |||||
| 7:7:7.1.1.4.27.0.9.6 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.6 Paperwork Reduction Act assigned number. | FSA | The information collection requirements contained in these regulations (7 CFR part 781) have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB control number 0560-0097. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);