Public Law 107-171
Section 1613

Section 1613 of the Farm Security & Rural Investment Act of 2000 amends Section 278(d) of the National Appeals Division’s enabling statute.

SEC. 1613 EQUITABLE RELIEF FROM INELIGIBILITY FOR LOANS, PAYMENTS, OR OTHER BENEFITS.

(a) Definitions.--In this section:

(1) Agricultural commodity.--The term ``agricultural

commodity'' means any agricultural commodity, food, feed, fiber,

or livestock that is subject to a covered program.

(2) Covered program.--

(A) In general.--The term ``covered program''

means--

(i) 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

(ii) a conservation program administered by

the Secretary.

(B) Exclusions.--The term ``covered program'' does

not include--

(i) an agricultural credit program carried out

under the Consolidated Farm and Rural Development

Act (7 U.S.C. 1921 et seq.); or

(ii) the crop insurance program carried out

under the Federal Crop Insurance Act (7 U.S.C.

1501 et seq.).

(3) Participant.--The term ``participant'' means a

participant in a covered program.

(4) State conservationist.--The term ``State

Conservationist'' means the State Conservationist with respect

to a program administered by the Natural Resources Conservation

Service.

(5) State director.--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.

(b) Equitable Relief.--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--

(1) 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

(2) failed to comply fully with the requirements of the

covered program, but made a good faith effort to comply with the

requirements.

(c) Forms of Relief.--The Secretary may authorize a participant in a

covered program to--

(1) retain loans, payments, or other benefits received under

the covered program;

(2) continue to receive loans, payments, and other benefits

under the covered program;

(3) continue to participate, in whole or in part, under any

contract executed under the covered program;

(4) in the case of a conservation program, reenroll all or

part of the land covered by the program; and

(5) receive such other equitable relief as the Secretary

determines to be appropriate.

(d) Remedial Action.--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.

(e) Equitable Relief by State Directors and State

Conservationists.--

(1) In general.--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--

(A) the amount of loans, payments, and benefits for

which relief will be provided to the participant under

this subsection is less than $20,000;

(B) 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

(C) 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.

(2) Consultation, approval, and reversal.--The decision by a

State Director or State Conservationist to grant relief under

this subsection--

(A) 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;

(B) shall be made only after consultation with, and

the approval of, the Office of General Counsel of the

Department of Agriculture; and

(C) is subject to reversal only by the Secretary

(who may not delegate the reversal authority).

(3) Nonapplicability.--The authority of a State Director or

State Conservationist under this subsection does not apply to

the administration of--

(A) payment limitations under--

(i) sections 1001 through 1001F of the Food

Security Act of 1985 (7 U.S.C. 1308 et seq.); or

(ii) a conservation program administered by

the Secretary.

(B) 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.).

(4) Other authority.--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.

(f) Judicial Review.--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,

United States Code.

(g) Reports.--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--

(1) the number of requests for equitable relief under

subsections (b) and (e) and the disposition of the requests; and

(2) the number of requests for equitable relief under

section 278(d) of the Department of Agriculture Reorganization

Act of 1994 (7 U.S.C. 6998(d)) and the disposition of the

requests.

(h) Relationship to Other Law.--The authority provided in this

section is in addition to any other authority provided in this or any

other Act.

(i) Finality Rule.--Section 281(a) of the Department of Agriculture

Reorganization Act of 1994 (7 U.S.C. 7001(a)) is amended--

(1) by striking ``Consolidated Farm Service Agency'' each

place it appears and inserting ``Farm Service Agency'';

(2) in paragraph (1)--

(A) by striking ``This subsection'' and inserting

the following:

``(A) In general.--Except as provided in

subparagraph (B), this subsection''; and

(B) by adding at the end the following:

``(B) Nonapplicability.--This subsection does not

apply to--

``(i) a function performed under section 376

of the Consolidated Farm and Rural Development

Act; or

``(ii) a function performed under a

conservation program administered by the Natural

Resources Conservation Service.''; and

(3) in paragraph (2), by inserting ``, before the end of the

90-day period,'' after ``unless the decision''.

(j) Conforming Amendments.--

(1) Section 326 of the Food and Agriculture Act of 1962 (7

U.S.C. 1339a) is repealed.

(2) Section 278(d) of the Department of Agriculture

Reorganization Act of 1994 (7 U.S.C. 6998(d)) is amended in the

first sentence by striking ``section 326 of the Food and

Agriculture Act of 1962 (7 U.S.C. 1339a)'' and inserting

``section 1613 of the Farm Security and Rural Investment Act of

2002''.

(3) Section 1230A of the Food Security Act of 1985 (16

U.S.C. 3830a) is repealed.