Title 7, AgricultureRelease 119-110

§7996 Equitable Relief From Ineligibility for Loans, Payments, or Other Benefits

Title 7 › CHAPTER 106 — COMMODITY PROGRAMS › SUBCHAPTER VI — ADMINISTRATION › § 7996

Last updated Sep 22, 2026|Official source

Summary

Lets the Secretary of Agriculture forgive or restore loans, payments, or other benefits for a producer who is found not to have followed the rules of a covered program, when the producer either relied in good faith on the Secretary’s action or advice to their harm, or tried in good faith but still failed to meet the rules. It defines a few short terms: agricultural commodity — any commodity, food, feed, fiber, or livestock covered by the programs; covered program — price or income support, loss or production help, or conservation programs (but not farm credit or Federal crop insurance programs); participant — someone in a covered program; State Conservationist — the NRCS State Conservationist; State Director — the FSA State Executive Director. The Secretary can let a participant keep or continue to get loans, payments, contract participation, reenroll land in a conservation program, or give other fair relief, and may require steps to fix the problem. A State Director or State Conservationist can grant relief under the same rules if each new relief award is under $20,000, past relief to that person was not more than $5,000, and total relief to similarly situated people is not more than $1,000,000. Their decision needs approval from the Department’s Office of General Counsel, can be reversed only by the Secretary, and does not apply to certain payment limits, conservation program administration, or highly erodible land and wetland rules. These discretionary decisions are final and not reviewable under chapter 7 of title 5. The Secretary must report by February 1 each year to the House and Senate agriculture committees on the number and outcome of equitable relief requests under this rule and under section 6998(d). The authority here is in addition to any other legal authority.

Full Legal Text

Title 7, §7996

Agriculture, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Agricultural commodity
(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)
(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)
(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.

Legislative History

Notes & Related Subsidiaries

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 principally 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 subsec. (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, Conservation. 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 section 1339a of this title and section 3830a of Title 16, Conservation.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7996

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110