Page:United States Statutes at Large Volume 101 Part 3.djvu/369

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-233—JAN. 6, 1988

101 STAT. 1667

for all loan service programs if, within 45 days after receipt of the notice required in this section, the borrower requests such consideration in writing. In considering a borrower for loan service programs, the Secretary shall place the highest priority on the preservation of the borrower's farming operations.". SEC. 606. PLANTING AND PRODUCTION HISTORY GUIDELINES.

Subtitle D (7 U.S.C. 1981 et seq.) is amended by inserting after the section added by section 605 of this Act the following new section: "SEC. 331E. PLANTING AND PRODUCTION HISTORY GUIDELINES.

"The Secretary shall ensure that appropriate procedures, including to the extent practicable onsite inspections, or use of county or State yield averages, are used in calculating future yields for an applicant for a loan, when an accurate projection cannot be made because the applicant's past production history has been affected by natural disasters declared under the Disaster Relief Act of 1974.".

State and local governments. Disaster assistance. 7 USC 1981e.

SEC. 607. COUNTY COMMITTEES.

Section 332(a) (7 U.S.C. 1982(a)) is amended— (1) by inserting "(1)" after the subsection designation; (2) in the second sentence, by striking out "deriving the principal part of their income from farming"; (3) by inserting before the period at the end thereof the following: "before conducting any county committee election. The Secretary shall publish any regulation promulgated under this subsection"; and (4) by adding at the end thereof the following new paragraphs: "(2) The Secretary shall ensure that farmers have— "(A) at least 45 days to submit nominations following general public notice of any procedure by which to submit nominations for county committee elections in each county; and "(B) at least 30 days after general public notice of an election in each county, before the election is held. "(3) Any farmer eligible for a loan made or insured under subtitle A shall be eligible to serve as an elected or appointed county committee member, subject to section 336(c). "(4) Not more than one farmer eligible for a loan made or insured under subtitle A may serve on a county committee at the same time. "(5) For purposes of this subsection, the term 'farmer' shall include the spouse of a farmer otherwise eligible under this section.". SEC. 608. ADMINISTRATIVE APPEALS.

Section 333B (7 U.S.C. 1983b) is amended by adding at the end thereof the following new subsections: "(d) The Secretary shall establish and maintain within the Farmers Home Administration a national appeals division, which shall consist of a director, hearing officers, and such other personnel necessary to the administration of the division, all of whom shall be employees of the Farmers Home Administration who shall have no duties other than hearing and determining formed appeals arising under this section. "(e)(l) Hearing officers within the appeals division in a State shall hear and determine all formal appeals of decisions which are subject to this section and are made by county supervisors, county committees, district directors. State directors, or other employees of the Secretary working in the State. Such hearings shall be held in the

Regulations.