Page:United States Statutes at Large Volume 108 Part 5.djvu/725

 PUBLIC LAW 103-407—OCT. 22, 1994 108 STAT. 4215 submit only nominations from the membership of the organization for the unit in which the organization is located. To be represented on the Board, each eligible organization shall submit to the Secretary at least 1.5 nominations for each appointment to the Board for which the unit is entitled to representation, as determined under paragraph (1)(A). If a unit is entitled to 1 appointment on the Board, the unit shall submit at least 2 nominations for the appointment. (B) FEEDERS. —The Secretary shall appoint representatives of the feeder sheep industry to seats established under .. paragraph (1)(B) from nominations submitted by qualified national organizations that represent the feeder sheep industry. To be represented on the Board, the industry shall provide at least 1.5 nominations for each appointment to the Board for which the feeder sheep industry is entitled to representation, as determined under paragraph (1)(B). (C) IMPORTERS.—The Secretary shall appoint importers to seats established under paragraph (1)(C) from nominations submitted by qualified organizations that represent importers, as determined by the Secretary. To be represented on the Board, importers shall provide at least 1.5 nominations for each appointment to the Board for which importers are entitled to representation, as determined under paragraph (1)(C). (c) METHOD FOR OBTAINING NOMINATIONS.— (1) INITIALLY ESTABLISHED BOARD. — (A) PRODUCER NOMINATIONS. —The Secretary shall solicit nominations for each seat on the initially established Board to which a unit is entitled to representation from eligible organizations certified under paragraph (3). If no such organization exists in the unit, the Secretary shall solicit nominations for appointments in such manner as the Secretary determines appropriate. (B) FEEDER AND IMPORTER NOMINATIONS. —The Secretary shall solicit nominations for each seat for which feeders or importers are entitled to representation from organizations that represent feeders and importers, respectively. In determining whether an organization is eligible to submit nominations under this subparagraph, the Secretary shall determine whether— (i) the active membership of the organization includes a significant number of feeders or importers in relation to the total membership of the organization; (ii) there is evidence of stability and permanency of the organization; and (iii) the organization has a primary and overriding interest in representing the feeder or importer segment of the sheep industry. (2) SUBSEQUENT APPOINTMENT.— (A) PRODUCER NOMINATIONS.—The solicitation of nominations for subsequent appointment to the Board from eligible organizations certified under paragraph (3) shall be initiated by the Secretary, with the Board securing the nominations for the Secretary. (B) FEEDER AND IMPORTER NOMINATIONS.—The solicitation of feeder and importer nominations for seats on the

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