Title 7 — Agriculture
Chapter 98 — Department of Agriculture Reorganization
§ 7001. Conforming amendments relating to National Appeals Division
Statutory text
Decisions of State, county, and area committees
Application of subsection
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.
Nonapplicability
This subsection does not apply to—
a function performed under section 2008k of this title; or
a function performed under a conservation program administered by the Natural Resources Conservation Service.
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—
appealed under this subchapter; or
modified by the Administrator of the Farm Service Agency or the Executive Vice President of the Commodity Credit Corporation.
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.
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.
, (c) Omitted
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.
Department of Agriculture Reorganization Act of 1994
Pub. L. 103–354 title II § 281 · 108 Stat. 3178
Enacted · 7 U.S.C. § 7001
Pub. L. 103–354, title II, § 281, Oct. 13, 1994, 108 Stat. 3233
Source evidence
Code source credit
Pub. L. 103–354, title II, § 281, Oct. 13, 1994, 108 Stat. 3233Enacted provision · exact public law section
SEC. 281. CONFORMING AMENDMENTS RELATING TO NATIONAL APPEALS DIVISION. (a) Decisions of State, County, and Area Committees.— (1) Application of subsection—This subsection shall apply only with respect to functions of the Consolidated Farm Service Agency or the Commodity Credit Corporation that are under the jurisdiction of a State, county, or area committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) or an employee of such a committee. (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 is— (A) appealed under this subtitle; or (B) modified by the Administrator of the Consolidated 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 Consolidated 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 “Consolidated Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Consolidated Farm Service Agency under section 226. (b) Agricultural Stabilization and Conservation Service.— Section 426 of the Agricultural Act of 1949 (7 U.S.C. 1433e) is repealed. (c) Farmers Home Administration.— Section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b) is repealed.Pub. L. 107–171 § 1613(i)(1) · 116 Stat. 134
Amended · 7 U.S.C. § 7001(a)(1)
Pub. L. 107–171, § 1613(i)(1), (2), designated existing provisions as subpar. (A)
Inserted · 7 U.S.C. § 7001(a)(1)
Pub. L. 107–171, § 1613(i)(1), (2), inserted heading
Substituted · 7 U.S.C. § 7001(a)(1)
Pub. L. 107–171, § 1613(i)(1), (2), substituted “Except as provided in subparagraph (B), this subsection” for “This subsection”
Substituted · 7 U.S.C. § 7001(a)(1)
Pub. L. 107–171, § 1613(i)(1), (2), substituted “Farm Service Agency” for “Consolidated Farm Service Agency”
Added · 7 U.S.C. § 7001(a)(1)
Pub. L. 107–171, § 1613(i)(1), (2), added subpar. (B)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(1) by striking “Consolidated Farm Service Agency” each place it appears and inserting “Farm Service Agency”;Pub. L. 107–171 § 1613(i)(3) · 116 Stat. 134
Inserted · 7 U.S.C. § 7001(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(3) in paragraph (2), by inserting “, before the end of the 90-day period,” after “unless the decision”.Pub. L. 107–171 § 1613(i)(1) · 116 Stat. 134
Substituted · 7 U.S.C. § 7001(a)(2)(B); 7 U.S.C. § 7001(a)(2)(3); 7 U.S.C. § 7001(a)(2)(4)
Pub. L. 107–171, § 1613(i)(1), substituted “Farm Service Agency” for “Consolidated Farm Service Agency” wherever appearing
Source evidence
Code amendment note
Subsec. (a)(2)(B), (3), (4). Pub. L. 107–171, § 1613(i)(1), substituted “Farm Service Agency” for “Consolidated Farm Service Agency” wherever appearing.Enacted provision · exact public law section
(1) by striking “Consolidated Farm Service Agency” each place it appears and inserting “Farm Service Agency”;
8 of 8 references resolved to an enrolled provision
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.
Credits
1994–2002 · 2 acts
- 1994Pub. L. 103–354, title II, § 281, , 108 Stat. 3233
- 2002Pub. L. 107–171, title I, § 1613(i), , 116 Stat. 221.
Show as published
(Pub. L. 103–354, title II, § 281, , 108 Stat. 3233; Pub. L. 107–171, title I, § 1613(i), , 116 Stat. 221.)