§ 6932. — Consolidated Farm Service Agency.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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(2) Repealed.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 et seq.].
(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.
