§ 5101. Qualifying States

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Agricultural Credit Act of 1987

   Pub. L. 100–233 title V § 501 · 101 Stat. 1568

   Enacted · 7 U.S.C. § 5101

   Pub. L. 100–233, title V, § 501, Jan. 6, 1988, 101 Stat. 1662

   Source evidence

   Code source credit
   Pub. L. 100–233, title V, § 501, Jan. 6, 1988, 101 Stat. 1662

   Enacted provision · exact public law section
   SEC. 501. QUALIFYING STATES. (a) In General.— A State is a qualifying State if the Secretary of Agriculture (hereinafter in this subtitle referred to as the “Secretary”) determines that the State has in effect an agricultural loan mediation program that meets the requirements of subsection (c). (b) Determination by Secretary.— Within 15 days after the Secretary receives from the Governor of a State, a description of the agricultural loan mediation program of the State and a statement certifying that the State has met all of the requirements of subsection (c), the Secretary shall determine whether the State is a qualifying State. (c) Requirements of State Programs.— Within 15 days after the Secretary receives a description of a State agricultural loan mediation program, the Secretary shall certify the State as a qualifying State if the State program— (1) provides for mediation services to be provided to producers, and their creditors, that, if decisions are reached, result in mediated, mutually agreeable decisions between parties under an agricultural loan mediation program; (2) is authorized or administered by an agency of the State government or by the Governor of the State; (3) provides for the training of mediators; (4) provides that the mediation sessions shall be confidential; and (5) ensures that all lenders and borrowers of agricultural loans receive adequate notification of the mediation program.

   Effective date note
   Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of Title 12, Banks and Banking.

2. 1988

   Agricultural Credit Technical Corrections Act of 1988

   Pub. L. 100–399 title V § 501 · 102 Stat. 989

   Struck · 7 U.S.C. § 5101(b)

   Pub. L. 100–399 struck out comma after “Governor of a State”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–399 struck out comma after “Governor of a State”.

   Enacted provision · exact public law section
   SEC 501. AMENDMENT RELATED TO SECTION 501 OF THE 1987 ACT. Section 501(b) of the 1987 Act is amended by striking out the first 7 USC 5101. comma.

   Effective date note
   Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of Title 12, Banks and Banking.

3. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 § 282(a)(1) · 108 Stat. 3178

   Substituted · 7 U.S.C. § 5101(a)

   Pub. L. 103–354, § 282(a)(1), substituted “a mediation program” for “an agricultural loan mediation program”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–354, § 282(a)(1), substituted “a mediation program” for “an agricultural loan mediation program”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “an agricultural loan mediation program” and inserting “a mediation program”;

4. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 § 282(a)(2) · 108 Stat. 3178

   Struck · 7 U.S.C. § 5101(b)

   Pub. L. 103–354, § 282(a)(2), struck out “agricultural loan” before “mediation program”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–354, § 282(a)(2), struck out “agricultural loan” before “mediation program”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “agricultural loan”; and

5. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 § 282(a)(3) · 108 Stat. 3178

   1. Added · 7 U.S.C. § 5101(c)

      Pub. L. 103–354, § 282(a)(3), added subsec. (c)

   2. Struck · 7 U.S.C. § 5101(c)

      Pub. L. 103–354, § 282(a)(3), struck out heading and text of former subsec. (c). Text read as follows: “Within 15 days after the Secretary receives a description of a State agricultural loan mediation program, the Secretary shall certify the State as a qualifying State if the State program—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–354, § 282(a)(3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Within 15 days after the Secretary receives a description of a State agricultural loan mediation program, the Secretary shall certify the State as a qualifying State if the State program—

   “(1) provides for mediation services to be provided to producers, and their creditors, that, if decisions are reached, result in mediated, mutually agreeable decisions between parties under an agricultural loan mediation program; “(2) is authorized or administered by an agency of the State government or by the Governor of the State; “(3) provides for the training of mediators; “(4) provides that the mediation sessions shall be confidential; and “(5) ensures that all lenders and borrowers of agricultural loans receive adequate notification of the mediation program.”

   Enacted provision · exact public law section
   (3) by striking subsection (c) and inserting the following new subsection: “(c) Requirements of State Mediation Programs.— “(1) Issues covered.— To be certified as a qualifying State, the mediation program of the State must provide mediation services for the persons described in paragraph (2) who are involved in agricultural loans or agricultural loans and one or more of the following issues under the jurisdiction of the Department of Agriculture: “(A) Wetlands determinations. “(B) Compliance with farm programs, including conservation programs. “(C) Agricultural credit. “(D) Rural water loan programs. “(E) Grazing on National Forest System lands. “(F) Pesticides. “(G) Such other issues as the Secretary considers appropriate. “(2) Persons eligible for mediation.— The persons referred to in paragraph (1) are producers, their creditors (if applicable), and other persons directly affected by actions of the Department of Agriculture. “(3) Certification conditions.— The Secretary shall certify a State as a qualifying State with respect to the issues proposed to be covered by the mediation program of the State if the mediation program— “(A) provides for mediation services that, if decisions are reached, result in mediated, mutually agreeable decisions between the parties to the mediation; “(B) is authorized or administered by an agency of the State government or by the Governor of the State; “(C) provides for the training of mediators; “(D) provides that the mediation sessions shall be confidential; “(E) ensures, in the case of agricultural loans, that all lenders and borrowers of agricultural loans receive adequate notification of the mediation program; and “(F) ensures, in the case of other issues covered by the mediation program, that persons directly affected by actions of the Department of Agriculture receive adequate notification of the mediation program.”.

6. 2000

   Grain Standards and Warehouse Improvement Act of 2000

   Pub. L. 106–472 § 306(a)(1) · 114 Stat. 2058

   1. Added · 7 U.S.C. § 5101(c)(1); 7 U.S.C. § 5101(c)(2)

      Pub. L. 106–472, § 306(a)(1), added pars. (1) and (2)

   2. Struck · 7 U.S.C. § 5101(c)(1); 7 U.S.C. § 5101(c)(2)

      Pub. L. 106–472, § 306(a)(1), struck out former pars. (1) and (2), which required State mediation program to provide services for producers, their creditors, and other persons involved in agricultural loans, or involved in agricultural loans and such issues as wetlands determinations, compliance with farm programs, agricultural credit, rural water loan programs, grazing on National Forest System lands, pesticides, or such other issues considered appropriate

   Source evidence

   Code amendment note
   Subsec. (c)(1), (2). Pub. L. 106–472, § 306(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2), which required State mediation program to provide services for producers, their creditors, and other persons involved in agricultural loans, or involved in agricultural loans and such issues as wetlands determinations, compliance with farm programs, agricultural credit, rural water loan programs, grazing on National Forest System lands, pesticides, or such other issues considered appropriate.

   Enacted provision · exact public law section
   (1) in subsection (c), by striking paragraphs (1) and (2) and inserting the following: “(1) Issues covered.— “(A) In general.— To be certified as a qualifying State, the mediation program of the State must provide mediation services to persons described in paragraph (2) that are involved in agricultural loans (regardless of whether the loans are made or guaranteed by the Secretary or made by a third party). “(B) Other issues.— The mediation program of a qualifying State may provide mediation services to persons described in paragraph (2) that are involved in one or more of the following issues under the jurisdiction of the Department of Agriculture: “(i) Wetlands determinations. “(ii) Compliance with farm programs, including conservation programs. “(iii) Agricultural credit. “(iv) Rural water loan programs. “(v) Grazing on National Forest System land. “(vi) Pesticides. “(vii) Such other issues as the Secretary considers appropriate. “(2) Persons eligible for mediation.— “(A) In general.— Subject to subparagraph (B), the persons referred to in paragraph (1) include— “(i) agricultural producers; “(ii) creditors of producers (as applicable); and “(iii) persons directly affected by actions of the Department of Agriculture. “(B) Voluntary participation.— “(i) In general.— Subject to clause (ii) and section 503, a person may not be compelled to participate in mediation services provided under this Act. “(ii) State laws.— Clause (i) shall not affect a State law requiring mediation before foreclosure on agricultural land or property.”; and

7. 2000

   Grain Standards and Warehouse Improvement Act of 2000

   Pub. L. 106–472 § 306(a)(2) · 114 Stat. 2058

   Added · 7 U.S.C. § 5101(d)

   Pub. L. 106–472, § 306(a)(2), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–472, § 306(a)(2), added subsec. (d).

   Enacted provision · exact public law section
   (a) Eligible Person; Mediation Services.— Section 501 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended— (1) in subsection (c), by striking paragraphs (1) and (2) and inserting the following: “(1) Issues covered.— “(A) In general.— To be certified as a qualifying State, the mediation program of the State must provide mediation services to persons described in paragraph (2) that are involved in agricultural loans (regardless of whether the loans are made or guaranteed by the Secretary or made by a third party). “(B) Other issues.— The mediation program of a qualifying State may provide mediation services to persons described in paragraph (2) that are involved in one or more of the following issues under the jurisdiction of the Department of Agriculture: “(i) Wetlands determinations. “(ii) Compliance with farm programs, including conservation programs. “(iii) Agricultural credit. “(iv) Rural water loan programs. “(v) Grazing on National Forest System land. “(vi) Pesticides. “(vii) Such other issues as the Secretary considers appropriate. “(2) Persons eligible for mediation.— “(A) In general.— Subject to subparagraph (B), the persons referred to in paragraph (1) include— “(i) agricultural producers; “(ii) creditors of producers (as applicable); and “(iii) persons directly affected by actions of the Department of Agriculture. “(B) Voluntary participation.— “(i) In general.— Subject to clause (ii) and section 503, a person may not be compelled to participate in mediation services provided under this Act. “(ii) State laws.— Clause (i) shall not affect a State law requiring mediation before foreclosure on agricultural land or property.”; and

8. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 5402(a)(1)(A)(i) · 132 Stat. 4490

   Struck · 7 U.S.C. § 5101(c)(1)(B)

   Pub. L. 115–334, § 5402(a)(1)(A)(i), struck out “under the jurisdiction of the Department of Agriculture” after “the following issues” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B). Pub. L. 115–334, § 5402(a)(1)(A)(i), struck out “under the jurisdiction of the Department of Agriculture” after “the following issues” in introductory provisions.

   Enacted provision · exact public law section
   (i) in the matter preceding clause (i), by striking “under the jurisdiction of the Department of Agriculture”;

9. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 5402(a)(1)(A)(ii) · 132 Stat. 4490

   Inserted · 7 U.S.C. § 5101(c)(1)(B)(ii)

   Pub. L. 115–334, § 5402(a)(1)(A)(ii), inserted “and the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)” before period at end

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B)(ii). Pub. L. 115–334, § 5402(a)(1)(A)(ii), inserted “and the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)” before period at end.

   Enacted provision · exact public law section
   (ii) in clause (ii), by inserting “and the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)” before the period at the end; and

10. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 5402(a)(1)(A)(iii) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 5101(c)(1)(B)(vii)(x)

       Pub. L. 115–334, § 5402(a)(1)(A)(iii), added cls. (vii) to (x)

    2. Struck · 7 U.S.C. § 5101(c)(1)(B)(vii)(x)

       Pub. L. 115–334, § 5402(a)(1)(A)(iii), struck out former cl. (vii) which read as follows: “Such other issues as the Secretary considers appropriate.”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B)(vii) to (x). Pub. L. 115–334, § 5402(a)(1)(A)(iii), added cls. (vii) to (x) and struck out former cl. (vii) which read as follows: “Such other issues as the Secretary considers appropriate.”

    Enacted provision · exact public law section
    (iii) by striking clause (vii) and inserting the following: “(vii) Lease issues, including land leases and equipment leases. “(viii) Family farm transition. “(ix) Farmer-neighbor disputes. “(x) Such other issues as the Secretary or the head of the department of agriculture of each participating State considers appropriate for better serving the agricultural community and persons eligible for mediation.” ; and

11. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 5402(a)(1)(B) · 132 Stat. 4490

    Added · 7 U.S.C. § 5101(c)(1)(C)

    Pub. L. 115–334, § 5402(a)(1)(B), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 115–334, § 5402(a)(1)(B), added subpar. (C).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(C) Mediation services.— Funding provided for the mediation program of a qualifying State may also be used to provide credit counseling to persons described in paragraph (2)— “(i) prior to the initiation of any mediation involving the Department of Agriculture; or “(ii) unrelated to any ongoing dispute or mediation in which the Department of Agriculture is a party.” ;

12. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 5402(a)(2) · 132 Stat. 4490

    Added · 7 U.S.C. § 5101(c)(2)(A)(iv)

    Pub. L. 115–334, § 5402(a)(2), added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A)(iv). Pub. L. 115–334, § 5402(a)(2), added cl. (iv).

    Enacted provision · exact public law section
    (2) in paragraph (2)(A)— (A) in clause (ii), by striking “and” after the semicolon; (B) in clause (iii), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(iv) any other persons involved in an issue for which mediation services are provided by a mediation program described in paragraph (1)(B).” ; and

13. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 5402(a)(3) · 132 Stat. 4490

    1. Inserted · 7 U.S.C. § 5101(c)(3)(F)

       Pub. L. 115–334, § 5402(a)(3), inserted dash after “program, that” and cl. (ii) designation before “persons”

    2. Added · 7 U.S.C. § 5101(c)(3)(F)

       Pub. L. 115–334, § 5402(a)(3), added cl. (i)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(F). Pub. L. 115–334, § 5402(a)(3), inserted dash after “program, that” and cl. (ii) designation before “persons” and added cl. (i).

    Enacted provision · exact public law section
    (3) in paragraph (3)(F), by striking “that persons” and inserting the following: “that— “(i) the Department of Agriculture receives adequate notification of those issues; and “(ii) persons” .

17 of 17 references resolved to an enrolled provision