7 U.S.C. § 7001 — Conforming amendments relating to National Appeals Division

FEDERAL · 7 U.S.C. · Chapter 98

Conforming amendments relating to National Appeals Division

Current through Pub. L. 119-102

Title 7 — Agriculture·Ch. 98 — DEPARTMENT OF AGRICULTURE REORGANIZATION·Subch. VIII

(a)Decisions of State, county, and area committees

(1)Application of subsection

(A)In general Except as provided in subparagraph (B), this subsection shall apply only with respect to functions of the Farm Service Agency or the Commodity Credit Corporation that are under the jurisdiction of a State, county, or area committee established under section 590h(b)(5) of title 16 or an employee of such a committee.

(B)Nonapplicability This subsection does not apply to—

(i)a function performed under section 2008k of this title; or

(ii)a function performed under a conservation program administered by the Natural Resources Conservation Service.

(2)Finality Each decision of a State, county, or area committee (or an employee of such a committee) covered by paragraph (1) that is made in good fait

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(a) Decisions of State, county, and area committees
(1) Application of subsection
(A) In general
Except as provided in subparagraph (B), this subsection shall apply only with respect to functions of the Farm Service Agency or the Commodity Credit Corporation that are under the jurisdiction of a State, county, or area committee established under section 590h(b)(5) of title 16 or an employee of such a committee.
(B) Nonapplicability
This subsection does not apply to—
(i) a function performed under section 2008k of this title; or
(ii) a function performed under a conservation program administered by the Natural Resources Conservation Service.
(2) Finality
Each decision of a State, county, or area committee (or an employee of such a committee) covered by paragraph (1) that is made in good faith in the absence of misrepresentation, false statement, fraud, or willful misconduct shall be final not later than 90 days after the date of filing of the application for benefits, unless the decision, before the end of the 90-day period, is—
(A) appealed under this subchapter; or
(B) modified by the Administrator of the Farm Service Agency or the Executive Vice President of the Commodity Credit Corporation.
(3) Recovery of amounts
If the decision of the State, county, or area committee has become final under paragraph (2), no action may be taken by the Farm Service Agency, the Commodity Credit Corporation, or a State, county, or area committee to recover amounts found to have been disbursed as a result of a decision in error unless the participant had reason to believe that the decision was erroneous.
(4) Savings provision
For purposes of this subsection, a reference to the "Farm Service Agency" includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title.
(b), (c) Omitted

7 U.S.C. § 7001 (Conforming amendments relating to National Appeals Division) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Brent Harrod, Hollis Clanton, Dale McGinnis Bryan Ferrell, Allen Ferrell, Charles Ferrell, Billy Joe Ferrell, John H. Harrod, Brad Harrod, Charles Roy Harrod, Randy Hardin, B.O. Temple, Steve Temple, Mark Temple Estate v. Dan Glickman, Secretary of Agriculture, on Behalf of the U. S. Department of Agriculture, Farm Services Agency

206 F.3d 783 (Eighth Circuit, 2000)

Source Credit

History

(Pub. L. 103–354, title II, §281, Oct. 13, 1994, 108 Stat. 3233; Pub. L. 107–171, title I, §1613(i), May 13, 2002, 116 Stat. 221.)

Editorial Notes

Editorial Notes

Codification
Section is comprised of section 281 of Pub. L. 103–354. Subsecs. (b) and (c) of section 281 of Pub. L. 103–354 repealed sections 1433e and 1983b of this title, respectively.

Amendments
2002—Subsec. (a)(1). Pub. L. 107–171, §1613(i)(1), (2), designated existing provisions as subpar. (A), inserted heading, substituted "Except as provided in subparagraph (B), this subsection" for "This subsection" and "Farm Service Agency" for "Consolidated Farm Service Agency", and added subpar. (B).
Subsec. (a)(2). Pub. L. 107–171, §1613(i)(3), inserted ", before the end of the 90-day period," after "unless the decision" in introductory provisions.
Subsec. (a)(2)(B), (3), (4). Pub. L. 107–171, §1613(i)(1), substituted "Farm Service Agency" for "Consolidated Farm Service Agency" wherever appearing.

Related

Source Credit

History

Editorial Notes