Eligibility for operators on heirs property land to obtain a farm number

Source Credit

(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.
(c) Eligible documentation
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).

History

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

Editorial Notes

Statutory Notes and Related Subsidiaries

Definition of "Secretary"
"Secretary" means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under section 9001 of this title.