7 U.S.C. § 7996 — Equitable relief from ineligibility for loans, payments, or other benefits

(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.