7 U.S.C. § 7996 — Equitable relief from ineligibility for loans, payments, or other benefits
submitted 24 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 892 words · no verdicts yet
This section lets the Secretary grant equitable relief to participants who acted in good faith but failed a covered-program requirement. It sets the forms and limits of relief, State-level authority, finality, and annual reporting.
(a) Definitions. (1) “Agricultural commodity” means an agricultural commodity, food, feed, fiber, or livestock subject to a covered program. (2) “Covered program” means (A) a Secretary*-administered program providing price or income support or production or market-loss assistance to agricultural-commodity producers, or (B) a Secretary-administered conservation program. It excludes (i) agricultural credit under the Consolidated Farm and Rural Development Act and (ii) crop insurance under the Federal Crop Insurance Act. (3) “Participant” means a covered-program participant. (4) “State* Conservationist” means the Natural Resources Conservation Service State Conservationist for a program administered by that Service. (5) “State Director” means the Farm Service Agency State Executive Director for a program administered by that Agency. (b) The Secretary may relieve a participant found out of compliance and therefore ineligible for a covered-program loan, payment, or benefit if the participant (1) acted in good faith, relied on the Secretary or an authorized representative, and was harmed by that reliance, or (2) did not fully comply but made a good-faith effort. (c) The Secretary may let the participant (1) keep received loans, payments, or benefits; (2) continue receiving them; (3) continue all or part of a covered-program contract; (4) for a conservation program, reenroll all or part of covered land; or (5) receive other appropriate equitable relief. (d) The Secretary may require remedial action as a condition. (e)(1) A State Director or State Conservationist may grant relief under (b)–(d) when relief for the participant is under $20,000, the participant has previously received no more than $5,000 under this authority, and total relief to similarly situated participants is no more than $1,000,000 as the Secretary determines. (2) No prior approval by the FSA Administrator, NRCS Chief, or other agency or service employee is required. But the decision requires consultation with and approval by Agriculture's General Counsel, and only the Secretary, who may not delegate it, may reverse it. (3) This authority does not cover payment limits under sections 1001–1001F of the Food Security Act or a Secretary conservation program, or highly erodible-land and wetland rules under subtitles B or C of title XII of that Act. (4) It adds to and does not limit other authority. (f) A discretionary decision under this section is final and cannot be reviewed under chapter 7 of title 5. (g) By February 1 each year, the Secretary must report to the two agriculture committees the prior calendar year's number and disposition of requests under (b) and (e), and under section 6998(d). (h) This authority is additional to authority under this or another Act.
In this section:
The term “agricultural commodity” means any agricultural commodity, food, feed, fiber, or livestock that is subject to a covered program.
The term “covered program” means—
a program administered by the Secretary* under which price or income support, or production or market loss assistance, is provided to producers of agricultural commodities; and
a conservation program administered by the Secretary.
The term “covered program” does not include—
an agricultural credit program carried out under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.); or
the crop insurance program carried out under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
The term “participant” means a participant in a covered program.
The term “State Conservationist” means the State Conservationist with respect to a program administered by the Natural Resources Conservation Service.
The term “State Director” means the State Executive Director of the Farm Service Agency with respect to a program administered by the Farm Service Agency.
The Secretary may provide relief to any participant that is determined to be not in compliance with the requirements of a covered program, and therefore ineligible for a loan, payment, or other benefit under the covered program, if the participant—
acting in good faith, relied on the action or advice of the Secretary (including any authorized representative of the Secretary) to the detriment of the participant; or
failed to comply fully with the requirements of the covered program, but made a good faith effort to comply with the requirements.
The Secretary may authorize a participant in a covered program to—
retain loans, payments, or other benefits received under the covered program;
continue to receive loans, payments, and other benefits under the covered program;
continue to participate, in whole or in part, under any contract executed under the covered program;
in the case of a conservation program, reenroll all or part of the land covered by the program; and
receive such other equitable relief as the Secretary determines to be appropriate.
As a condition of receiving relief under this section, the Secretary may require the participant to take actions designed to remedy any failure to comply with the covered program.
A State Director, in the case of programs administered by the State Director, and the State Conservationist, in the case of programs administered by the State Conservationist, may grant relief to a participant in accordance with subsections (b) through (d) if—
the amount of loans, payments, and benefits for which relief will be provided to the participant under this subsection is less than $20,000;
the total amount of loans, payments, and benefits for which relief has been previously provided to the participant under this subsection is not more than $5,000; and
the total amount of loans, payments, and benefits for which relief is provided to similarly situated participants under this subsection is not more than $1,000,000, as determined by the Secretary.
The decision by a State Director or State Conservationist to grant relief under this subsection—
shall not require prior approval by the Administrator of the Farm Service Agency, the Chief of the Natural Resources Conservation Service, or any other officer or employee of the Agency or Service;
shall be made only after consultation with, and the approval of, the Office of General Counsel of the Department of Agriculture; and
is subject to reversal only by the Secretary (who may not delegate the reversal authority).
The authority of a State Director or State Conservationist under this subsection does not apply to the administration of—
payment limitations under—
sections 1001 through 1001F of the Food Security Act of 1985 (7 U.S.C. 1308 et seq.); or
a conservation program administered by the Secretary.
highly erodible land and wetland conservation requirements under subtitle B or C of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.).
The authority provided to a State Director and State Conservationist under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the Secretary.
A discretionary decision by the Secretary, the State Director, or the State Conservationist under this section shall be final, and shall not be subject to review under chapter 7 of title 5.
Not later than February 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes for the previous calendar year—
the number of requests for equitable relief under subsections (b) and (e) and the disposition of the requests; and
the number of requests for equitable relief under section 6998(d) of this title and the disposition of the requests.
The authority provided in this section is in addition to any other authority provided in this or any other Act.
Source credit: (Pub. L. 107–171, title I, § 1613, May 13, 2002, 116 Stat. 219.)
- 2002Enacted · Pub. L. 107-171 · 116 Stat. 219
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-171 on 2002-05-13.
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