Pub. L. 87-128, tit. III, subtit. D, sec. 366 (as amended)
EQUITABLE RELIEF.
SEC. 366. [7 U.S.C. 2008a] EQUITABLE RELIEF.
(a) In General.—Subject to subsection (b), the Secretary may
provide a form of relief described in subsection (c) to any farmer
or rancher who—
(1) received a direct farm ownership, operating, or emergency
loan under this title; and
(2) the Secretary determines is not in compliance with
the requirements of this title with respect to the loan.
(b) Limitation.—The Secretary may only provide relief to a
farmer or rancher under subsection (a) if the Secretary determines
that the farmer or rancher—
(1) acted in good faith; and
(2) relied on an action of, or the advice of, the Secretary
(including any authorized representative of the Secretary) to
the detriment of the farming or ranching operation of the
farmer or rancher.
(c) Forms of Relief.—The Secretary may provide to a farmer
or rancher under subsection (a) any of the following forms of relief:
(1) The farmer or rancher may retain loans or other benefits
received in association with the loan with respect to which
the farmer or rancher was determined to be noncompliant
under subsection (a)(2).
(2) The farmer or rancher may receive such other equitable
relief as the Secretary determines to be appropriate.
(d) Condition.—As a condition of receiving relief under this
section, the Secretary may require the farmer or rancher to take
actions designed to remedy the noncompliance.
(e) Administrative Appeal; Judicial Review.—A determination
or action of the Secretary under this section—
(1) shall be final; and
(2) shall not be subject to administrative appeal or judicial
review under chapter 7 of title 5, United States Code.
- Cross-references to the US Code
- 7 U.S.C. 2008a