§7001 — Title 7 Agriculture | U.S. Code

Summary

State, county, or area committees (or their employees) that handle Farm Service Agency (FSA) or Commodity Credit Corporation (CCC) programs under section 590h(b)(5) of title 16 have their decisions become final 90 days after an application is filed if the decision was made in good faith and there were no false statements, fraud, or intentional misconduct. A decision is not final if it is appealed under this subchapter or changed by the FSA Administrator or the CCC Executive Vice President before the 90-day deadline. This does not cover functions under section 2008k or conservation programs run by the Natural Resources Conservation Service. If a decision has become final, the FSA, CCC, or those committees cannot try to recover money paid by mistake unless the participant had reason to believe the decision was wrong. For this rule, “Farm Service Agency” also means any Department office given FSA duties under section 6932.

Title 7, §7001

Agriculture — Source: USLM XML via OLRC

(a)(1)(A)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)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)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)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)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)

Notes & Related Subsidiaries

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 section 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.

§7001 Conforming amendments relating to National Appeals Division

Summary

Title 7, §7001

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata