Page:United States Statutes at Large Volume 108 Part 4.djvu/581

 PUBLIC LAW 103-354—OCT. 13, 1994 108 STAT. 3215 (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 consider local conservation priorities and guidelines; and (5) take steps to ensure that the concurrence process does not iuterfere wim 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 ConsoUdated 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 determinations made by the Natural Resoiuxes Conservation Service. (2) TREATMENT OF TECHNICAL DETERMINATION. —With respect to administrative appeals involving a technical determination made by the Natural Resources Conservation Service, the Consolidated Farm Service Agency, by rule with the concurrence of the Natural Resources Conservation Service, shall establish procediu^s for obtaining review by the Natural Resources Conservation Service of me technical determinations involved. Such rules shall ensure that technical criteria established 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 established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). If the committee requests a review by the Natural Resources Conservation Service of a wetlands determination of the Service, the ConsoUdated Farm Service Agency shall consult with other Federal agencies whenever required by law or under a memorandum of agreement 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 ^ency, 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 established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). (2) EXCEPTION.— Notwithstanding paragraph (1), no personnel 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 ConsoUdated Farm

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