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).
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), the Secretary shall determine whether the State is a qualifying State.
Requirements of State mediation programs
Issues covered
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).
Other issues
Mediation services
Persons eligible for mediation
In general
Voluntary participation
In general
section 5103 of this titleSubject to clause (ii) and , a person may not be compelled to participate in mediation services provided under this Act.
State laws
Clause (i) shall not affect a State law requiring mediation before foreclosure on agricultural land or property.
Certification conditions
Definition of mediation services
Pub. L. 100–233, title V, § 501101 Stat. 1662Pub. L. 100–399, title V, § 501102 Stat. 1005Pub. L. 103–354, title II, § 282(a)108 Stat. 3233Pub. L. 106–472, title III, § 306(a)114 Stat. 2072Pub. L. 115–334, title V, § 5402(a)132 Stat. 4674(, , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 101–624104 Stat. 3935section 6501 of this titleThe Organic Foods Production Act of 1990, referred to in subsec. (c)(1)(B)(ii), is title XXI of , , , which is classified generally to chapter 94 (§ 6501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 100–233101 Stat. 1568This Act, referred to in subsec. (c)(2)(B)(i), is , , , 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
Pub. L. 115–334, § 5402(a)(1)(A)(i)2018—Subsec. (c)(1)(B). , struck out “under the jurisdiction of the Department of Agriculture” after “the following issues” in introductory provisions.
Pub. L. 115–334, § 5402(a)(1)(A)(ii)7 U.S.C. 6501Subsec. (c)(1)(B)(ii). , inserted “and the national organic program established under the Organic Foods Production Act of 1990 ( et seq.)” before period at end.
Pub. L. 115–334, § 5402(a)(1)(A)(iii)Subsec. (c)(1)(B)(vii) to (x). , added cls. (vii) to (x) and struck out former cl. (vii) which read as follows: “Such other issues as the Secretary considers appropriate.”
Pub. L. 115–334, § 5402(a)(1)(B)Subsec. (c)(1)(C). , added subpar. (C).
Pub. L. 115–334, § 5402(a)(2)Subsec. (c)(2)(A)(iv). , added cl. (iv).
Pub. L. 115–334, § 5402(a)(3)Subsec. (c)(3)(F). , inserted dash after “program, that” and cl. (ii) designation before “persons” and added cl. (i).
Pub. L. 106–472, § 306(a)(1)2000—Subsec. (c)(1), (2). , 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.
Pub. L. 106–472, § 306(a)(2)Subsec. (d). , added subsec. (d).
Pub. L. 103–354, § 282(a)(1)1994—Subsec. (a). , substituted “a mediation program” for “an agricultural loan mediation program”.
Pub. L. 103–354, § 282(a)(2)Subsec. (b). , struck out “agricultural loan” before “mediation program”.
Pub. L. 103–354, § 282(a)(3)Subsec. (c). , 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.”
Pub. L. 100–3991988—Subsec. (b). struck out comma after “Governor of a State”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–399Pub. L. 100–233section 1001(a) of Pub. L. 100–399section 2002 of Title 12Amendment by effective as if enacted immediately after enactment of , which was approved , see , set out as a note under , Banks and Banking.
Short Title of 2010 Amendment
Pub. L. 111–233, § 1124 Stat. 2493