[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7001]
TITLE 7--AGRICULTURE
CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
SUBCHAPTER VIII--NATIONAL APPEALS DIVISION
Sec. 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 590h(b)(5) of title 16 or an employee of such a
committee.
(B) Nonapplicability
This subsection does not apply to--
(i) a function performed under section 2008k of this
title; 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 dec
