Page:United States Statutes at Large Volume 108 Part 5.djvu/726

 108 STAT. 4216 PUBLIC LAW 103-407—OCT. 22, 1994 Board shall be made by the Secretary in accordance with paragraph (1)(B). (3) CERTIFICATION OF ORGANIZATIONS.— (A) IN GENERAL. — The eligibility of any organization to represent producers, and to participate in the making of nominations to represent producers under this section, shall be certified by the Secretary. The Secretary shall certify any organization that the Secretary determines meets the eligibility criteria established by the Secretary under this paragraph. An eligibility determination of the Secretary under this paragraph shall be final. (B) BASIS FOR CERTIFICATION.— Certification under this paragraph shall be based, in addition to other available information, on a factual report submitted by the organization, that shall contain information considered relevant and specified by the Secretary, including— (i) the geographic territory covered by the active membership of the organization; (ii) the nature and size of the active membership of the organization, including the proportion of the total number of active producers represented by the organization; (iii) evidence of stability and permanency of the organization; (iv) sources from which the operating funds of the organization are derived; (v) the functions of the organization; and (vi) the ability and willingness of the organization to further the aims and objectives of this Act. (C) PRIMARY CONSIDERATIONS. — A primary consideration in determining the eligibility of an organization under this paragraph shall be whether— (i) the membership of the organization consists primarily of producers who own a substantial quantity of sheep; and (ii) an interest of the organization is in the production of sheep. (d) ADMINISTRATION.— (1) TERMS.— Each appointment to the Board shall be for a term of 3 years, except that appointments to the initially established Board shall be proportionately for 1-year, 2-year, and 3-year terms. No person may serve more than 2 consecutive 3-year terms, except that an elected officer of the Board shall not be subject to this sentence while the officer holds office. (2) COMPENSATION.— ^A Board member shall serve without compensation, but shall be reimbursed for the reasonable expenses of the member incurred in performing the duties of the Board. (3) MEETINGS. —The order shall provide for at least an annual meeting of the Board and such additional meetings of the Board as may be required. (e) POWERS AND DUTIES OF THE BOARD. — The order shall define the powers and duties of the Board and shall include the power and duty— (1) to elect officers of the Board, including a Chairperson, Vice Chairperson, and Secretary;

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