Collapse to view only § 7991. Administration generally

§ 7991.
Administration generally
(a)
Use of Commodity Credit Corporation

The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.

(b)
Determinations by Secretary

A determination made by the Secretary under this chapter shall be final and conclusive.

(c)
Regulations
(1)
In general

Not later than 90 days after May 13, 2002, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter.

(2)
Procedure
The promulgation of the regulations and administration of this chapter shall be made without regard to—
(A) chapter 35 of title 44 (commonly know 1
1 So in original. Probably should be “known”.
as the “Paperwork Reduction Act”);
(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(C) the notice and comment provisions of section 553 of title 5.
(3)
Congressional review of agency rulemaking

In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5.

(d)
Treatment of advance payment option
The protection that was afforded producers that had an option to elect to accelerate the receipt of any payment under a production flexibility contract payable under the Federal Agriculture Improvement and Reform Act of 1996, as provided by section 525 of Public 2
2 So in original. Probably should be followed by “Law”.
106–170 (113 Stat. 1928; 7 U.S.C. 7212 note), shall also apply to the option to receive—
(1) the advance payment of direct payments and counter-cyclical payments under subchapter I and subchapter III;
(2) the single payment of compensation for eligible peanut quota holders under section 7960 of this title; and
(3) the advance payment of direct payments and counter-cyclical payments under title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.].
(e)
Adjustment authority related to Uruguay Round compliance
(1)
Required determination; adjustment

If the Secretary determines that expenditures under subchapters I through V that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 3501 of title 19), as in effect on May 13, 2002, will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed such allowable levels.

(2)
Congressional notification

Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing the determination made under that paragraph and the extent of the adjustment to be made.

(Pub. L. 107–171, title I, § 1601, May 13, 2002, 116 Stat. 211; Pub. L. 110–234, title I, § 1601(e), May 22, 2008, 122 Stat. 1001; Pub. L. 110–246, § 4(a), title I, § 1601(e), June 18, 2008, 122 Stat. 1664, 1729.)
§ 7992.
Suspension of permanent price support authority
(a)
Agricultural Adjustment Act of 1938
The following provisions of the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281 et seq.] shall not be applicable to the 2002 through 2007 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on May 13, 2002, through December 31, 2007:
(1) Parts II through V of subtitle B of title III (7 U.S.C. 1326–1351) [7 U.S.C. 1321 et seq., 1331 et seq., 1341 et seq., 1351].
(2) In the case of upland cotton, section 377 (7 U.S.C. 1377).
(3) Subtitle D of title III (7 U.S.C. 1379a–1379j).
(4) Title IV (7 U.S.C. 1401–1407).
(b)
Agricultural Act of 1949
The following provisions of the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.] shall not be applicable to the 2002 through 2007 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on May 13, 2002, and through December 31, 2007:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447–1449).
(10) Title IV (7 U.S.C. 1421–1433d), other than sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461–1469).
(12) Title VI (7 U.S.C. 1471–1471j).
(c)
Suspension of certain quota provisions

The joint resolution entitled “A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended”, approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 2002 through 2007.

(Pub. L. 107–171, title I, § 1602, May 13, 2002, 116 Stat. 212.)
§ 7993.
Repealed. Pub. L. 110–234, title I, § 1623(a), May 22, 2008, 122 Stat. 1025, and Pub. L. 110–246, § 4(a), title I, § 1623(a), June 18, 2008, 122 Stat. 1664, 1753
§ 7994.
Study
(1)
In general

The Secretary shall conduct a study on the effects on the limitation on producers to move quota to a farm other than the farm to which the quota was initially assigned under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.).

(2)
Report

Not later than 90 days after May 13, 2002, 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 on the results of the study.

(Pub. L. 107–171, title I, § 1611(b), May 13, 2002, 116 Stat. 219.)
§ 7995.
Assignment of payments

The provisions of section 590h(g) of title 16, relating to assignment of payments, shall apply to payments made under the authority of this Act. The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section.

(Pub. L. 107–171, title I, § 1612, May 13, 2002, 116 Stat. 219.)
§ 7996.
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.

(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 6998(d) of this title 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.

(Pub. L. 107–171, title I, § 1613, May 13, 2002, 116 Stat. 219.)
§ 7997.
Tracking of benefits

As soon as practicable after May 13, 2002, the Secretary shall establish procedures to track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles.

(Pub. L. 107–171, title I, § 1614, May 13, 2002, 116 Stat. 222.)
§ 7998.
Estimates of net farm income
In each issuance of projections of net farm income, the Secretary shall include (as determined by the Secretary)—
(1) an estimate of the net farm income earned by commercial producers in the United States; and
(2)
an estimate of the net farm income attributable to commercial producers of each of the following:
(A) Livestock.
(B) Loan commodities.
(C) Agricultural commodities other than loan commodities.
(Pub. L. 107–171, title I, § 1615, May 13, 2002, 116 Stat. 222.)
§ 7999.
Availability of incentive payments for certain producers
(a)
Incentive payments required

Subject to subsection (b), the Secretary shall make available a total of $20,000,000 of funds of the Commodity Credit Corporation during the 2003 through 2005 crop years to provide incentive payments to producers of hard white wheat.

(b)
Conditions on implementation
The Secretary shall implement subsection (a)—
(1) only with regard to production that meets minimum quality criteria; and
(2) on not more than 2,000,000 acres or the equivalent volume of production.
(c)
Demand for wheat

To be eligible to obtain an incentive payment under subsection (a), a producer shall demonstrate to the satisfaction of the Secretary that buyers and end-users are available for the wheat to be covered by the incentive payment.

(Pub. L. 107–171, title I, § 1616, May 13, 2002, 116 Stat. 222.)
§ 8000.
Repealed. Pub. L. 110–234, title I, § 1623(b), May 22, 2008, 122 Stat. 1025, and Pub. L. 110–246, § 4(a), title I, § 1623(b), June 18, 2008, 122 Stat. 1664, 1753
§ 8001.
Producer retention of erroneously paid loan deficiency payments and marketing loan gains

Notwithstanding any other provision of law, the Secretary and the Commodity Credit Corporation shall not require producers in Erie County, Pennsylvania, to repay loan deficiency payments and marketing loan gains erroneously paid or determined to have been earned by the Commodity Credit Corporation for certain 1998 and 1999 crops under subtitle C of title I of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7231 et seq.). In the case of a producer who has already made the repayment on or before May 13, 2002, the Commodity Credit Corporation shall reimburse the producer for the full amount of the repayment.

(Pub. L. 107–171, title I, § 1618, May 13, 2002, 116 Stat. 223.)
§ 8002.
Implementation funding and information management
(a)
Additional funds for administrative costs
(1)
In general

The Secretary of Agriculture, acting through the Farm Service Agency, may use not more than $55,000,000 of funds of the Commodity Credit Corporation to cover administrative costs associated with the implementation of title I and the amendments made by that title.

(2)
Availability

The funds referred to in paragraph (1) shall remain available to the Secretary until expended.

(3)
Set-aside

Of the amount specified in paragraph (1), the Secretary shall use not less than $5,000,000, but not more than $8,000,000, to carry out subsection (b).

(b)
Information management
(1)
Development of system

The Secretary of Agriculture shall develop a comprehensive information management system, using appropriate technologies, to be used in implementing the programs administered by the Federal Crop Insurance Corporation and the Farm Service Agency.

(2)
Elements
The information management system developed under this subsection shall be designed to—
(A) improve access by agricultural producers to programs described in paragraph (1);
(B) improve and protect the integrity of the information collected;
(C) meet the needs of the agencies that require the data in the administration of their programs;
(D) improve the timeliness of the collection of the information;
(E) contribute to the elimination of duplication of information collection;
(F) lower the overall cost to the Department of Agriculture for information collection; and
(G) achieve such other goals as the Secretary considers appropriate.
(3)
Reconciliation of current information management

The Secretary shall ensure that all current information of the Federal Crop Insurance Corporation and the Farm Service Agency is combined, reconciled, redefined, and reformatted in such a manner so that the agencies can use the common information management system developed under this subsection.

(4)
Assistance for development of system
The Secretary shall enter into an agreement or contract with a non-Federal entity to assist the Secretary in the development of the information management system. The Secretary shall give preference in entering into an agreement or contract to entities that have—
(A) prior experience with the information and management systems of the Federal Crop Insurance Corporation; and
(B) collaborated with the Corporation in the development of the identification procedures required by section 1515(f) of this title.
(5)
Use
The information collected using the information management system developed under this subsection may be made available to—
(A) any Federal agency that requires the information to carry out the functions of the agency; and
(B) any approved insurance provider, as defined in section 1502(b) of this title, with respect to producers insured by the approved insurance provider.
(6)
Relation to other activities

This subsection shall not interfere with, or delay, existing agreements or requests for proposals of the Federal Crop Insurance Corporation or the Farm Service Agency regarding the information management activities known as data mining or data warehousing.

(c)
Authorization of appropriations

In addition to amounts made available under subsection (a)(3), there are authorized to be appropriated such sums as are necessary to carry out subsection (b) for each of fiscal years 2003 through 2008.

(Pub. L. 107–171, title X, § 10706, May 13, 2002, 116 Stat. 519.)