View all text of Subchapter VI [§ 7991 - § 8002]
§ 7996. Equitable relief from ineligibility for loans, payments, or other benefits
(a) DefinitionsIn this section:
(1) Agricultural commodity
(2) Covered program
(A) In generalThe 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) ExclusionsThe 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
(4) State Conservationist
(5) State Director
(b) Equitable reliefThe 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 reliefThe 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
(e) Equitable relief by State Directors and State Conservationists
(1) In generalA 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 reversalThe 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) NonapplicabilityThe 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
(f) Judicial review
(g) ReportsNot 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 6998(d) of this title and the disposition of the requests.
(h) Relationship to other law
(Pub. L. 107–171, title I, § 1613, May 13, 2002, 116 Stat. 219.)