§ 5101. — Qualifying States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
