7 U.S.C. § 7996 — Equitable relief from ineligibility for

Page 2149 TITLE 7—AGRICULTURE § 7996 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.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act of 1938, referred to in par. (1), is act Feb. 16, 1938, ch. 30, 52 Stat. 31. Part I of subtitle B of title III of the Act was classified gen- erally to subpart I (§ 1311 et seq.) of part B of sub- chapter II of chapter 35 of this title prior to repeal by Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522. For complete classification of this Act to the Code, see section 1281 of this title and Tables. § 7995. Assignment of payments The provisions of section 590h(g) of title 16, re- lating to assignment of payments, shall apply to payments made under the authority of this Act. The producer making the assignment, or the as- signee, 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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 107–171, May 13, 2002, 116 Stat. 134, known as the Farm Security and Rural Investment Act of 2002. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 7901 of this title and Tables. § 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 pro- gram. (2) Covered program (A) In general The term ‘‘covered program’’ means— (i) a program administered by the Sec- retary under which price or income sup- port, or production or market loss assist- ance, is provided to producers of agricul- tural commodities; and (ii) a conservation program administered by the Secretary. (B) Exclusions The term ‘‘covered program’’ does not in- clude— (i) an agricultural credit program car- ried 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 Re- sources Conservation Service. (5) State Director The term ‘‘State Director’’ means the State Executive Director of the Farm Service Agen- cy with respect to a program administered by the Farm Service Agency. (b) Equitable relief The Secretary may provide relief to any par- ticipant that is determined to be not in compli- ance with the requirements of a covered pro- gram, and therefore ineligible for a loan, pay- ment, or other benefit under the covered pro- gram, if the participant— (1) acting in good faith, relied on the action or advice of the Secretary (including any au- thorized representative of the Secretary) to the detriment of the participant; or (2) failed to comply fully with the require- ments of the covered program, but made a good faith effort to comply with the require- ments. (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, re- enroll 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 partici- pant 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 ad- ministered 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 accord- ance 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 pre- viously 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 de- termined by the Secretary. Page 2150 TITLE 7—AGRICULTURE § 7997 (2) Consultation, approval, and reversal The decision by a State Director or State Conservationist to grant relief under this sub- section— (A) shall not require prior approval by the Administrator of the Farm Service Agency, the Chief of the Natural Resources Conserva- tion Service, or any other officer or em- ployee of the Agency or Service; (B) shall be made only after consultation with, and the approval of, the Office of Gen- eral Counsel of the Department of Agri- culture; and (C) is subject to reversal only by the Sec- retary (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 con- servation 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 sub- section 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 Ag- riculture 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 re- lief under subsections (b) and (e) and the dis- position of the requests; and (2) the number of requests for equitable re- lief 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 ad- dition to any other authority provided in this or any other Act. (Pub. L. 107–171, title I, § 1613, May 13, 2002, 116 Stat. 219.) Editorial Notes REFERENCES IN TEXT The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(2)(B)(i), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified prin- cipally to chapter 50 (§ 1921 et seq.) of this title. For complete classification of the Act to the Code, see Short Title note set out under section 1921 of this title and Tables. The Federal Crop Insurance Act, referred to in sub- sec. (a)(2)(B)(ii), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables. The Food Security Act of 1985, referred to in subsec. (e)(3)(B), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subtitles B and C of title XII of the Act are classified generally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively, of chapter 58 of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. CODIFICATION Section is comprised of section 1613 of Pub. L. 107–171. Subsec. (i) of section 1613 of Pub. L. 107–171 amended section 7001 of this title. Subsec. (j) of section 1613 amended section 6998 of this title and repealed sections 1339a of this title and section 3830a of Title 16, Con- servation. § 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.) Editorial Notes REFERENCES IN TEXT Titles I and II, referred to in text, mean titles I and II of Pub. L. 107–171, May 13, 2002, 116 Stat. 143. For complete classification of titles I and II of Pub. L. 107–171 to the Code, see Tables. § 7998. Estimates of net farm income In each issuance of projections of net farm in- come, the Secretary shall include (as deter- mined 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 at- tributable 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 cer- tain 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)—