Pub. L. 103-354, tit. II, subtit. H, sec. 282

EXPANSION OF ISSUES COVERED BY STATE MEDIATION PROGRAMS.

EnactedYear: 1994Length: 690 wordsOfficial source
SEC. 282. EXPANSION OF ISSUES COVERED BY STATE MEDIATION PROGRAMS. (a) Expansion of Mediation Programs.— Section 501 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended— (1) in subsection (a), by striking “an agricultural loan mediation program” and inserting “a mediation program”; 108 STAT. 3234 (2) in subsection (b), by striking “agricultural loan”; and (3) by striking subsection (c) and inserting the following new subsection: “(c) Requirements of State Mediation Programs.— “(1) Issues covered.— To be certified as a qualifying State, the mediation program of the State must provide mediation services for the persons described in paragraph (2) who are involved in agricultural loans or agricultural loans and one or more of the following issues under the jurisdiction of the Department of Agriculture: “(A) Wetlands determinations. “(B) Compliance with farm programs, including conservation programs. “(C) Agricultural credit. “(D) Rural water loan programs. “(E) Grazing on National Forest System lands. “(F) Pesticides. “(G) Such other issues as the Secretary considers appropriate. “(2) Persons eligible for mediation.— The persons referred to in paragraph (1) are producers, their creditors (if applicable), and other persons directly affected by actions of the Department of Agriculture. “(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.”. (b) Participation of Department.— Section 503 of such Act (7 U.S.C. 5103) is amended— (1) by striking “agricultural loan” each place it appears; (2) in the matter preceding subparagraph (A) of subsection (a)(1)— (A) by inserting “or agency” after “program”; and (B) by striking “that makes, guarantees, or insures agricultural loans”; (3) in subsection (a)(1)(A)— (A) by inserting “or agency” after “such program”; and (B) by inserting “certified under section 501” after “mediation program”; (4) in subsection (a)(1)(B)— (A) by striking “, effective beginning on the date of the enactment of this Act,”; and 108 STAT. 3235 (B) by inserting “certified under section 501” after “mediation programs”; and (5) in subsection (a)(1)(C)— (A) in clause (i), by striking “described in” and inserting “certified under”; and (B) in clause (ii), by inserting “if applicable,” before “present”. (c) Regulations.— Section 504 of such Act (7 U.S.C. 5104) is amended— (1) by striking “Within 150 days after the date of the enactment of this Act, the” and inserting “The”; and (2) by adding at the end the following new sentence: “The regulations prescribed by the Secretary shall require qualifying States to adequately train mediators to address all of the issues covered by the mediation program of the State.”. (d) Report.— Section 505 of such Act (7 U.S.C. 5105) is amended by striking “1990” and inserting “1998”. (e) Authorization of Appropriations.— Section 506 of such Act (7 U.S.C. 5106) is amended by striking “1995” and inserting “2000”. (f) Conforming Amendments.— (1) References to agricultural loans.— Subtitle A of title V of such Act is amended— (A) in sections 502 and 505(1) (7 U.S.C. 5102, 5105(1)), by striking “agricultural loan” each place it appears; and (B) in section 505(3) (7 U.S.C. 5105(3)), by striking “an agricultural loan mediation” and inserting “a mediation”. (2) Waiver of farm credit system mediation rights by BORROWERS.— Section 4.14E of the Farm Credit Act of 1971 (12 U.S.C. 2202e) is amended by striking “agricultural loan”. (3) Waiver of farm mediation rights by borrowers.— Section 358 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006) is amended by striking “agricultural loan”.
Pub. L. 103-354, tit. II, subtit. H, sec. 282: EXPANSION OF ISSUES COVERED BY STATE MEDIATION PROGRAMS. | Justis AI