
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC6932]

 
                          TITLE 7--AGRICULTURE
 
          CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
 
          SUBCHAPTER II--FARM AND FOREIGN AGRICULTURAL SERVICES
 
Sec. 6932. Consolidated Farm Service Agency


(a) Establishment

    The Secretary is authorized to establish and maintain in the 
Department a Consolidated Farm Service Agency.

(b) Functions of Consolidated Farm Service Agency

    If the Secretary establishes the Consolidated Farm Service Agency 
under subsection (a) of this section, the Secretary is authorized to 
assign to the Agency jurisdiction over the following functions:
        (1) Agricultural price and income support programs, production 
    adjustment programs, and related programs.
        (2) Repealed. Pub. L. 104-127, title I, Sec. 194(c), Apr. 4, 
    1996, 110 Stat. 946.
        (3) Agricultural credit programs assigned before October 13, 
    1994, by law to the Farmers Home Administration (including farm 
    ownership and operating, emergency, and disaster loan programs) and 
    other lending programs for agricultural producers and others engaged 
    in the production of agricultural commodities.
        (4) Subchapter B of chapter 1 of subtitle D of title XII of the 
    Food Security Act of 1985 (16 U.S.C. 3831-3836).
        (5) Such other functions as the Secretary considers appropriate, 
    except for those programs assigned by the Secretary to the Natural 
    Resources Conservation Service or another agency of the Department 
    under section 6962(b) of this title.

(c) Special concurrence requirements for certain functions

    In carrying out the programs specified in subsection (b)(4) of this 
section, the Secretary shall--
        (1) acting on the recommendations of the Consolidated Farm 
    Service Agency, with the concurrence of the Natural Resources 
    Conservation Service, issue regulations to carry out such programs;
        (2) ensure that the Consolidated Farm Service Agency, in 
    establishing policies, priorities, and guidelines for such programs, 
    does so with the concurrence of the Natural Resources Conservation 
    Service at national, State, and local levels;
        (3) ensure that, in reaching such concurrence at the local 
    level, the Natural Resources Conservation Service works in 
    cooperation with Soil and Water Conservation Districts or similar 
    organizations established under State law;
        (4) ensure that officials of county and area committees 
    established under section 590h(b)(5) of title 16 meet annually with 
    officials of such Districts or similar organizations to consider 
    local conservation priorities and guidelines; and
        (5) take steps to ensure that the concurrence process does not 
    interfere with the effective delivery of such programs.

(d) Jurisdiction over conservation program appeals

                           (1) In general

        Until such time as an adverse decision described in this 
    paragraph is referred to the National Appeals Division for 
    consideration, the Consolidated Farm Service Agency shall have 
    initial jurisdiction over any administrative appeal resulting from 
    an adverse decision made under title XII of the Food Security Act of 
    1985 (16 U.S.C. 3801 et seq.), including an adverse decision 
    involving technical determinations made by the Natural Resources 
    Conservation Service.

              (2) Treatment of technical determination

        (A) In general

            With respect to administrative appeals involving a technical 
        determination made by the Natural Resources Conservation 
        Service, the Consolidated Farm Service Agency, by rule with the 
        concurrence of the Natural Resources Conservation Service, shall 
        establish procedures for obtaining review by the Natural 
        Resources Conservation Service of the technical determinations 
        involved. Such rules shall ensure that technical criteria 
        established by the Natural Resources Conservation Service shall 
        be used by the Consolidated Farm Service Agency as the basis for 
        any decisions regarding technical determinations. If no review 
        is requested, the technical determination of the Natural 
        Resources Conservation Service shall be the technical basis for 
        any decision rendered by a county or area committee established 
        under section 590h(b)(5) of title 16. If the committee requests 
        a review by the Natural Resources Conservation Service of a 
        wetlands determination of the Service, the Consolidated Farm 
        Service Agency shall consult with other Federal agencies 
        whenever required by law or under a memorandum of agreement in 
        existence on October 13, 1994.

        (B) Economic hardship

            After a technical determination has been made, on a 
        producer's request, if a county or area committee determines 
        that the application of the producer's conservation system would 
        impose an undue economic hardship on the producer, the committee 
        shall provide the producer with relief to avoid the hardship.

                (3) Reinstatement of program benefits

        Rules issued to carry out this subsection shall provide for the 
    prompt reinstatement of benefits to a producer who is determined in 
    an administrative appeal to meet the requirements of title XII of 
    the Food Security Act of 1985 [16 U.S.C. 3801 et seq.] applicable to 
    the producer.

(e) Use of Federal and non-Federal employees

                         (1) Use authorized

        In the implementation of programs and activities assigned to the 
    Consolidated Farm Service Agency, the Secretary may use 
    interchangeably in local offices of the Agency both Federal 
    employees of the Department and non-Federal employees of county and 
    area committees established under section 590h(b)(5) of title 16.

                            (2) Exception

        Notwithstanding paragraph (1), no personnel action (as defined 
    in section 2302(a)(2)(A) of title 5) may be taken with respect to a 
    Federal employee unless such action is taken by another Federal 
    employee.

(f) Collocation

    To the maximum extent practicable, the Secretary shall collocate 
county offices of the Consolidated Farm Service Agency with county 
offices of the Natural Resources Conservation Service in order to--
        (1) maximize savings from shared equipment, office space, and 
    administrative support;
        (2) simplify paperwork and regulatory requirements;
        (3) provide improved services to agricultural producers and 
    landowners affected by programs administered by the Agency and the 
    Service; and
        (4) achieve computer compatibility between the Agency and the 
    Service to maximize efficiency and savings.

(g) Savings provision

    For purposes of subsections (c) through (f) of this section:
        (1) 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 this section.
        (2) A reference to the ``Natural Resources Conservation 
    Service'' includes any other office, agency, or administrative unit 
    of the Department assigned the functions authorized for the Natural 
    Resources Conservation Service under section 6962(b) of this title.

(Pub. L. 103-354, title II, Sec. 226, Oct. 13, 1994, 108 Stat. 3214; 
Pub. L. 104-127, title I, Sec. 194(c), title III, Secs. 315(b), 
336(a)(2)(C), Apr. 4, 1996, 110 Stat. 946, 985, 1005.)

                       References in Text

    The Food Security Act of 1985, referred to in subsecs. (b)(4) and 
(d)(1), (3), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as 
amended. Title XII of the Act, popularly known as the ``Sodbuster Law'', 
is classified principally to chapter 58 (Sec. 3801 et seq.) of Title 16, 
Conservation. Subchapter B of chapter 1 of subtitle D of title XII of 
the Act is classified generally to subpart B (Sec. 3831 et seq.) of part 
I of subchapter IV of chapter 58 of Title 16. 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 226 of Pub. L. 103-354. Subsec. (h) 
of section 226 of Pub. L. 103-354 amended section 1981 of this title.


                               Amendments

    1996--Subsec. (b)(2). Pub. L. 104-127, Sec. 194(c), struck out par. 
(2) which read as follows: ``General supervision of the Federal Crop 
Insurance Corporation.''
    Subsec. (b)(4). Pub. L. 104-127, Sec. 336(a)(2)(C), struck out 
before period at end ``and the agricultural conservation program under 
the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g et 
seq.)''.
    Subsec. (d)(2). Pub. L. 104-127, Sec. 315(b), designated existing 
provisions as subpar. (A), inserted heading, and added subpar. (B).

                  Section Referred to in Other Sections

    This section is referred to in sections 6961, 6962, 6991, 6995, 7001 
of this title; title 16 section 590h.
