7 U.S.C. § 7001 | Conforming amendments relating to National Appeals Division

(a)

Decisions of State, county, and area committees

(1)

Application of subsection

(A)

In general

section 590h(b)(5) of title 16Except as provided in subparagraph (B), this subsection shall apply only with respect to functions of the Farm Service Agency or the Commodity Credit Corporation that are under the jurisdiction of a State, county, or area committee established under or an employee of such a committee.

(B)

Nonapplicability

This subsection does not apply to—

(i)

section 2008k of this title a function performed under ; or

(ii)

a function performed under a conservation program administered by the Natural Resources Conservation Service.

(2)

Finality

Each decision of a State, county, or area committee (or an employee of such a committee) covered by paragraph (1) that is made in good faith in the absence of misrepresentation, false statement, fraud, or willful misconduct shall be final not later than 90 days after the date of filing of the application for benefits, unless the decision, before the end of the 90-day period, is—

(A)

appealed under this subchapter; or

(B)

modified by the Administrator of the Farm Service Agency or the Executive Vice President of the Commodity Credit Corporation.

(3)

Recovery of amounts

If the decision of the State, county, or area committee has become final under paragraph (2), no action may be taken by the Farm Service Agency, the Commodity Credit Corporation, or a State, county, or area committee to recover amounts found to have been disbursed as a result of a decision in error unless the participant had reason to believe that the decision was erroneous.

(4)

Savings provision

section 6932 of this titleFor purposes of this subsection, a reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under .

(b)

, (c) Omitted

Pub. L. 103–354, title II, § 281Oct. 13, 1994108 Stat. 3233 Pub. L. 107–171, title I, § 1613(i)May 13, 2002116 Stat. 221 (, , ; , , .)

Editorial Notes

Codification

section 281 of Pub. L. 103–354 section 281 of Pub. L. 103–354Section is comprised of . Subsecs. (b) and (c) of repealed sections 1433e and 1983b of this title, respectively.

Amendments

Pub. L. 107–171, § 1613(i)(1)2002—Subsec. (a)(1). , (2), designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), this subsection” for “This subsection” and “Farm Service Agency” for “Consolidated Farm Service Agency”, and added subpar. (B).

Pub. L. 107–171, § 1613(i)(3)Subsec. (a)(2). , inserted “, before the end of the 90-day period,” after “unless the decision” in introductory provisions.

Pub. L. 107–171, § 1613(i)(1)Subsec. (a)(2)(B), (3), (4). , substituted “Farm Service Agency” for “Consolidated Farm Service Agency” wherever appearing.