
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC5101]

 
                          TITLE 7--AGRICULTURE
 
         CHAPTER 82--STATE AGRICULTURAL LOAN MEDIATION PROGRAMS
 
Sec. 5101. Qualifying States


(a) In general

    A State is a qualifying State if the Secretary of Agriculture 
(hereinafter in this chapter referred to as the ``Secretary'') 
determines that the State has in effect a mediation program that meets 
the requirements of subsection (c) of this section.

(b) Determination by Secretary

    Within 15 days after the Secretary receives from the Governor of a 
State a description of the mediation program of the State and a 
statement certifying that the State has met all of the requirements of 
subsection (c) of this section, the Secretary shall determine whether 
the State is a qualifying State.

(c) Requirements of State mediation programs

                         (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 5103 of this title, 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.

                    (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.

(d) Definition of mediation services

    In this section, the term ``mediation services'', with respect to 
mediation or a request for mediation, may include all activities related 
to--
        (1) the intake and scheduling of cases;
        (2) the provision of background and selected information 
    regarding the mediation process;
        (3) financial advisory and counseling services (as appropriate) 
    performed by a person other than a State mediation program mediator; 
    and
        (4) the mediation session.

(Pub. L. 100-233, title V, Sec. 501, Jan. 6, 1988, 101 Stat. 1662; Pub. 
L. 100-399, title V, Sec. 501, Aug. 17, 1988, 102 Stat. 1005; Pub. L. 
103-354, title II, Sec. 282(a), Oct. 13, 1994, 108 Stat. 3233; Pub. L. 
106-472, title III, Sec. 306(a), Nov. 9, 2000, 114 Stat. 2072.)

                       References in Text

    This Act, referred to in subsec. (c)(2)(B)(i), is Pub. L. 100-233, 
Jan. 6, 1988, 101 Stat. 1568, as amended, known as the Agricultural 
Credit Act of 1987. Provisions relating to mediation services are 
contained in title V of the Act, which is classified principally to this 
chapter. For complete classification of this Act to the Code, see 
Tables.


                               Amendments

    2000--Subsec. (c)(1), (2). Pub. L. 106-472, Sec. 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.
    Subsec. (d). Pub. L. 106-472, Sec. 306(a)(2), added subsec. (d).
    1994--Subsec. (a). Pub. L. 103-354, Sec. 282(a)(1), substituted ``a 
mediation program'' for ``an agricultural loan mediation program''.
    Subsec. (b). Pub. L. 103-354, Sec. 282(a)(2), struck out 
``agricultural loan'' before ``mediation program''.
    Subsec. (c). Pub. L. 103-354, Sec. 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.''
    1988--Subsec. (b). Pub. L. 100-399 struck out comma after ``Governor 
of a State''.


                    Effective Date of 1988 Amendment

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5102, 5103 of this title.
