---
kind: "section"
citation: "7 C.F.R. § 767.152"
title: "7"
number: "767.152"
heading: "Exceptions."
url: "https://uscodex.org/cfr/7/767.152"
---

# §767.152. Exceptions.


The Agency's disposition procedure under [§ 767.151](/cfr/7/767.151.md) is subject to the following:

- (a) If the Agency leases real estate inventory property to a beginning farmer in accordance with [§ 767.101(a)(2)](/cfr/7/767.101.md?p=a-2), and the lease expires, the Agency will not advertise the property if the Agency has direct or guaranteed loan funds available to finance the transaction.
- (b) The Agency will not advertise a property for sale until the homestead protection rights have terminated in accordance with [part 766](/cfr/7/part766.md), [subpart D](/cfr/7/subpartD.md) of this chapter.
- (c) The Agency may allow an additional 60 days if needed for conservation easements or environmental reviews.
- (d) If the property was owned by an American Indian borrower and is located on an Indian reservation, the Agency will:
  - (1) No later than 90 days after acquiring the property, offer the opportunity to purchase or lease the property in accordance with:
    - (i) The priorities established by the Indian Tribe having jurisdiction over the Indian reservation;
    - (ii) **In cases where priorities have not been established, the following order—**
      - (A) A member of the Indian Tribe that has jurisdiction over the Indian reservation;
      - (B) An Indian entity;
      - (C) **The Indian Tribe.**
  - (2) Transfer the property to the Secretary of the Interior if the property is not purchased or leased under [paragraph (1)](#d-1) of this section.
- (e) If Agency analysis of farm real estate market conditions indicates the sale of the Agency's inventory property will have a negative effect on the value of farms in the area, the Agency may withhold inventory farm properties in the affected area from the market until further analysis indicates otherwise.

## Notes

### Amendments

[72 FR 63358, Nov. 8, 2007, as amended at 73 FR 74345, Dec. 8, 2008; 90 FR 30559, July 10, 2025]

### Authority

Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.

### Source

Source: 72 FR 63358, Nov. 8, 2007, unless otherwise noted.

### Amendments

[72 FR 63358, Nov. 8, 2007, as amended at 73 FR 74345, Dec. 8, 2008; 90 FR 30559, July 10, 2025]