Establishment
The Secretary is authorized to establish and maintain in the Department a Farm Service Agency.
Functions
Special concurrence requirements for certain functions
Jurisdiction over conservation program appeals
In general
16 U.S.C. 3801Until such time as an adverse decision described in this paragraph is referred to the National Appeals Division for consideration, the 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 ( et seq.), including an adverse decision involving technical determinations made by the Natural Resources Conservation Service.
Treatment of technical determination
In general
section 590h(b)(5) of title 16With respect to administrative appeals involving a technical determination made by the Natural Resources Conservation Service, the 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 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 . If the committee requests a review by the Natural Resources Conservation Service of a wetlands determination of the Service, the Farm Service Agency shall consult with other Federal agencies whenever required by law or under a memorandum of agreement in existence on .
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.
Reinstatement of program benefits
16 U.S.C. 3801Rules 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 [ et seq.] applicable to the producer.
Use of Federal and non-Federal employees
Use authorized
section 590h(b)(5) of title 16In the implementation of programs and activities assigned to the 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 .
Exception
section 2302(a)(2)(A) of title 5Notwithstanding paragraph (1), no personnel action (as defined in ) may be taken with respect to a Federal employee unless such action is taken by another Federal employee.
Collocation
Savings provision
Pub. L. 103–354, title II, § 226108 Stat. 3214Pub. L. 104–127, title I, § 194(c)110 Stat. 946Pub. L. 115–334, title XII132 Stat. 4974(, , ; , title III, §§ 315(b), 336(a)(2)(C), , , 985, 1005; , §§ 12404(a), 12410(c)(2)(A), , , 4978.)
Editorial Notes
References in Text
Pub. L. 99–19899 Stat. 1354section 1281 of this titleThe Food Security Act of 1985, referred to in subsecs. (b)(4) and (d)(1), (3), is , , . Title XII of the Act is classified principally to chapter 58 (§ 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 (§ 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 and Tables.
Codification
section 226 of Pub. L. 103–354section 226 of Pub. L. 103–354section 1981 of this titleSection is comprised of . Subsec. (h) of amended .
Amendments
Pub. L. 115–334, § 12404(a)(1)2018—, (3), substituted “Farm” for “Consolidated Farm” in section catchline and wherever appearing in text.
Pub. L. 115–334, § 12404(a)(2)Subsec. (b). , struck out “of Consolidated Farm Service Agency” after “Functions” in heading.
Pub. L. 115–334, § 12410(c)(2)(A)section 6936(b) of this titlesection 6962(b) of this titleSubsecs. (b)(5), (g)(2). , substituted “” for “”.
Pub. L. 104–127, § 194(c)1996—Subsec. (b)(2). , struck out par. (2) which read as follows: “General supervision of the Federal Crop Insurance Corporation.”
Pub. L. 104–127, § 336(a)(2)(C)16 U.S.C. 590gSubsec. (b)(4). , struck out before period at end “and the agricultural conservation program under the Soil Conservation and Domestic Allotment Act ( et seq.)”.
Pub. L. 104–127, § 315(b)Subsec. (d)(2). , designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Statutory Notes and Related Subsidiaries
Farm Service Agency Accountability
Pub. L. 115–334, title I, § 1705132 Stat. 4526