7 U.S.C. § 2008a: Equitable relief

Summary

The Secretary can offer help to a farmer or rancher who got a direct farm ownership, operating, or emergency loan but later was found not to follow the loan rules. The farmer can get help only if the Secretary finds the farmer acted in good faith and was harmed because they relied on the Secretary’s action or advice. Help can let the farmer keep the loan or other benefits, or other fair fixes the Secretary decides. The Secretary may require steps to fix the problem. The Secretary’s decision is final and cannot be appealed or reviewed in court under chapter 7 of title 5.

Title 7, §2008a

Agriculture, Source: USLM XML via OLRC

(a)In general

Subject to subsection (b), the Secretary may provide a form of relief described in subsection (c) to any farmer or rancher who—

(1)received a direct farm ownership, operating, or emergency loan under this chapter; and

(2)the Secretary determines is not in compliance with the requirements of this chapter with respect to the loan.

(b)Limitation

The Secretary may only provide relief to a farmer or rancher under subsection (a) if the Secretary determines that the farmer or rancher—

(1)acted in good faith; and

(2)relied on an action of, or the advice of, the Secretary (including any authorized representative of the Secretary) to the detriment of the farming or ranching operation of the farmer or rancher.

(c)Forms of relief

The Secretary may provide to a farmer or rancher under subsection (a) any of the following forms of relief:

(1)The farmer or rancher may retain loans or other benefits received in association with the loan with respect to which the farmer or rancher was determined to be noncompliant under subsection (a)(2).

(2)The farmer or rancher may receive such other equitable relief as the Secretary determines to be appropriate.

(d)Condition

As a condition of receiving relief under this section, the Secretary may require the farmer or rancher to take actions designed to remedy the noncompliance.

(e)Administrative appeal; judicial review

A determination or action of the Secretary under this section— (1)

(2)shall not be subject to administrative appeal or judicial review under chapter 7 of title 5.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this title”, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see

Short Title

note set out under section 1921 of this title and Tables.

Prior Provisions

A prior section 2008a, Pub. L. 87–128, title III, § 366, as added Pub. L. 101–624, title XXIII, § 2316(a), Nov. 28, 1990, 104 Stat. 4004; amended Pub. L. 102–237, title VII, § 701(f), Dec. 13, 1991, 105 Stat. 1879, related to State rural economic development review panel, prior to repeal by Pub. L. 104–127, title VII, § 754, Apr. 4, 1996, 110 Stat. 1131.

§2008a Equitable Relief