Pub. L. 103-354, tit. II, subtit. H, sec. 281 (as amended)
CONFORMING AMENDMENTS RELATING TO NATIONAL APPEALS DIVISION.
SEC. 281. [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.—Except 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 section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) or an employee of such a committee.
(B) Nonapplicability.—This subsection does not apply to—
(i) a function performed under section 376 of the Consolidated Farm and Rural Development Act; 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 subtitle; 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.—For 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 section 226.
(b) Agricultural Stabilization and Conservation Service.—Section 426 of the Agricultural Act of 1949 (7 U.S.C. 1433e) is repealed.
(c) Farmers Home Administration.—Section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b) is repealed.
- Cross-references to the US Code
- 7 U.S.C. 7001