H. R. 4217—37
retary establishes the position, and the official occupies the new
position, within 180 days after the date of the enactment of this
Act (or such later date set by the Secretary if litigation delays
rapid succession).
(e) CONFORMING AMENDMENTS.—
(1) EXISTING
POSITION.—Section 501 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5691), relating to the Under Sec-
retary of Agriculture for International Affairs and Commodity
Programs, is repealed.
(2) EXECUTIVE SCHEDULE.—Section 5314 of title 5, United
States Code, is amended by striking ‘‘Under Secretary of Agri-
culture for International Affairs and Commodity Programs.’’
and inserting ‘‘Under Secretary of Agriculture for Farm and
Foreign Agricultural Services.’’.
SEC. 226. CONSOLIDATED FARM SERVICE AGENCY.
(a) ESTABLISHMENT.—The Secretary is authorized to establish
and maintain in the Department a Consolidated Farm Service
Agency.
(b) FUNCTIONS
OF CONSOLIDATED FARM SERVICE AGENCY.—
If the Secretary establishes the Consolidated Farm Service Agency
under subsection (a), the Secretary is authorized to assign to the
Agency jurisdiction over the following functions:
(1) Agricultural price and income support programs,
production adjustment programs, and related programs.
(2) General supervision of the Federal Crop Insurance
Corporation.
(3) Agricultural credit programs assigned before the date
of the enactment of this Act by law to the Farmers Home
Administration (including farm ownership and operating, emer-
gency, and disaster loan programs) and other lending programs
for agricultural producers and others engaged in the production
of agricultural commodities.
(4) Subchapter B of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3831–3836) and
the agricultural conservation program under the Soil Conserva-
tion and Domestic Allotment Act (16 U.S.C. 590g et seq.).
(5) Such other functions as the Secretary considers appro-
priate, except for those programs assigned by the Secretary
to the Natural Resources Conservation Service or another
agency of the Department under section 246(b).
(c) SPECIAL CONCURRENCE REQUIREMENTS FOR CERTAIN FUNC-
TIONS.—In carrying out the programs specified in subsection (b)(4),
the Secretary shall—
(1) acting on the recommendations of the Consolidated
Farm Service Agency, with the concurrence of the Natural
Resources Conservation Service, issue regulations to carry out
such programs;
(2) ensure that the Consolidated Farm Service Agency,
in establishing policies, priorities, and guidelines for such pro-
grams, does so with the concurrence of the Natural Resources
Conservation Service at national, State, and local levels;
(3) ensure that, in reaching such concurrence at the local
level, the Natural Resources Conservation Service works in
cooperation with Soil and Water Conservation Districts or simi-
lar organizations established under State law;
H. R. 4217—38
(4) ensure that officials of county and area committees
established under section 8(b)(5) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)(5)) meet annually
with officials of such Districts or similar organizations to con-
sider local conservation priorities and guidelines; and
(5) take steps to ensure that the concurrence process does
not interfere with the effective delivery of such programs.
(d) JURISDICTION OVER CONSERVATION PROGRAM APPEALS.—
(1) IN GENERAL.—Until such time as an adverse decision
described in this paragraph is referred to the National Appeals
Division for consideration, the Consolidated Farm Service
Agency shall have initial jurisdiction over any administrative
appeal resulting from an adverse decision made under title
XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.),
including an adverse decision involving technical determina-
tions made by the Natural Resources Conservation Service.
(2) TREATMENT
OF
TECHNICAL
DETERMINATION.—With
respect to administrative appeals involving a technical deter-
mination made by the Natural Resources Conservation Service,
the Consolidated Farm Service Agency, by rule with the concur-
rence of the Natural Resources Conservation Service, shall
establish procedures for obtaining review by the Natural
Resources Conservation Service of the technical determinations
involved. Such rules shall ensure that technical criteria estab-
lished by the Natural Resources Conservation Service shall
be used by the Consolidated Farm Service Agency as the basis
for any decisions regarding technical determinations. If no
review is requested, the technical determination of the Natural
Resources Conservation Service shall be the technical basis
for any decision rendered by a county or area committee estab-
lished under section 8(b)(5) of the Soil Conservation and Domes-
tic Allotment Act (16 U.S.C. 590h(b)(5)). If the committee
requests a review by the Natural Resources Conservation Serv-
ice of a wetlands determination of the Service, the Consolidated
Farm Service Agency shall consult with other Federal agencies
whenever required by law or under a memorandum of agree-
ment in existence on the date of the enactment of this Act.
(3) REINSTATEMENT OF PROGRAM BENEFITS.—Rules issued
to carry out this subsection shall provide for the prompt
reinstatement of benefits to a producer who is determined
in an administrative appeal to meet the requirements of title
XII of the Food Security Act of 1985 applicable to the producer.
(e) USE OF FEDERAL AND NON-FEDERAL EMPLOYEES.—
(1) USE AUTHORIZED.—In the implementation of programs
and activities assigned to the Consolidated Farm Service
Agency, the Secretary may use interchangeably in local offices
of the Agency both Federal employees of the Department and
non-Federal employees of county and area committees estab-
lished under section 8(b)(5) of the Soil Conservation and Domes-
tic Allotment Act (16 U.S.C. 590h(b)(5)).
(2) EXCEPTION.—Notwithstanding paragraph (1), no person-
nel action (as defined in section 2302(a)(2)(A) of title 5, United
States Code) may be taken with respect to a Federal employee
unless such action is taken by another Federal employee.
(f) COLLOCATION.—To the maximum extent practicable, the
Secretary shall collocate county offices of the Consolidated Farm
H. R. 4217—39
Service Agency with county offices of the Natural Resources Con-
servation Service in order to—
(1) maximize savings from shared equipment, office space,
and administrative support;
(2) simplify paperwork and regulatory requirements;
(3) provide improved services to agricultural producers and
landowners affected by programs administered by the Agency
and the Service; and
(4) achieve computer compatibility between the Agency and
the Service to maximize efficiency and savings.
(g) SAVINGS
PROVISION.—For purposes of subsections (c)
through (f) of this section:
(1) A reference to the ‘‘Consolidated Farm Service Agency’’
includes any other office, agency, or administrative unit of
the Department assigned the functions authorized for the
Consolidated Farm Service Agency under this section.
(2) A reference to the ‘‘Natural Resources Conservation
Service’’ includes any other office, agency, or administrative
unit of the Department assigned the functions authorized for
the Natural Resources Conservation Service under section
246(b).
(h) CONFORMING AMENDMENT.—Section 331(a) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1981(a)) is
amended by striking ‘‘assets to the Farmers Home Administration’’
and all that follows through the period at the end of the subsection
and inserting ‘‘assets to such officers or agencies of the Department
of Agriculture as the Secretary considers appropriate.’’.
SEC. 227. STATE, COUNTY, AND AREA COMMITTEES.
(a) COMMITTEES UNDER THE SOIL CONSERVATION AND DOMESTIC
ALLOTMENT ACT.—Section 8(b) of the Soil Conservation and Domes-
tic Allotment Act (16 U.S.C. 590h(b)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by designating the second through eighth undesignated
paragraphs as paragraphs (2) through (8), respectively; and
(3) by striking paragraph (5) (as so designated) and insert-
ing the following new paragraph:
‘‘(5) STATE, COUNTY, AND AREA COMMITTEES.—
‘‘(A) APPOINTMENT OF STATE COMMITTEES.—The Secretary
shall appoint in each State a State committee composed of
not fewer than 3 nor more than 5 members who are fairly
representative of the farmers in the State. The members of
a State committee shall serve at the pleasure of the Secretary
for such term as the Secretary may establish.
‘‘(B) ESTABLISHMENT OF COUNTY, AREA, OR LOCAL COMMIT-
TEES.—(i) In each county or area in which activities are carried
out under this section, the Secretary shall establish a county
or area committee.
‘‘(ii) Any such committee shall consist of not fewer than
3 nor more than 5 members who are fairly representative
of the agricultural producers in the county or area and who
shall be elected by the agricultural producers in such county
or area under such procedures as the Secretary may prescribe.
‘‘(iii) The Secretary may designate local administrative
areas within the county or larger area covered by a committee
established under clause (i). Only agricultural producers within
a local administrative area who participate or cooperate in
H. R. 4217—40
programs administered within their area shall be eligible for
nomination and election to the local committee for that area,
under such regulations as the Secretary may prescribe.
‘‘(iv) The Secretary shall solicit and accept nominations
from organizations representing the interests of socially dis-
advantaged groups (as defined in section 355(e)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)(1)).
‘‘(v) Members of each county, area, or local committee shall
serve for terms not to exceed 3 years.
‘‘(C) TERMINATION OR COMBINATION OF COMMITTEES.—The
Secretary may not terminate a county or area committee or
combine or consolidate two or more county or area committees
unless—
‘‘(i) the Secretary first notifies the committee or
committees involved of the proposed action; and
‘‘(ii) the State committee of the State in which the
affected counties are located approves of such action in
a vote taken after the end of the 60-day period beginning
on the date the notification is received.
‘‘(D) USE OF COMMITTEES.—The Secretary shall use the
services of such committees in carrying out programs under
this section and the agricultural credit programs under the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq.) and in considering administrative appeals as provided
by section 226(d) of the Department of Agriculture Reorganiza-
tion Act of 1994. The Secretary may use the services of such
committees in carrying out programs under other authorities
administered by the Secretary.
‘‘(E) REGULATIONS.—The Secretary shall issue such regula-
tions as the Secretary considers necessary relating to the selec-
tion and exercise of the functions of the respective committees,
and to the administration through such committees of the pro-
grams described in subparagraph (D). Pursuant to such regula-
tions, each county and area committee shall select an executive
director for the area or county. Such selection shall be made
in the same manner as provided for the selection of the county
executive director under section 7.21(b)(2) of title 7, Code of
Federal Regulations, as in effect on January 1, 1994. Regula-
tions governing payments or grants under this subsection shall
be as simple and direct as possible, and, whenever practicable,
they shall be classified on the following two bases:
‘‘(i) Soil-depleting practices.
‘‘(ii) Soil-building practices.
‘‘(F) MANDATORY DUTIES OF SECRETARY.—In carrying out
this section, the Secretary shall—
‘‘(i) insofar as practicable, protect the interests of ten-
ants and sharecroppers;
‘‘(ii) accord such encouragement to producer-owned and
producer-controlled cooperative associations as will be in
harmony with the policy toward cooperative associations
set forth in Federal laws and as will tend to promote
efficient methods of marketing and distribution;
‘‘(iii) in every practicable manner, protect the interests
of small producers; and
‘‘(iv) in every practical way, encourage and provide
for soil-conserving and soil-rebuilding practices.