Page:United States Statutes at Large Volume 114 Part 2.djvu/857

 PUBLIC LAW 106-387—APPENDIX 114 STAT. 1549A-43 "SEC. 1230A. GOOD FAITH RELIANCE. "(a) IN GENERAL.— Except as provided in subsection (d) and notwithstanding any other provision of this chapter, the Secretary shall provide equitable relief to an owner or operator that has entered into a contract under this chapter, and that is subsequently determined to be in violation of the contract, if the owner or operator in attempting to comply with the terms of the contract and enrollment requirements took actions in good faith reliance on the action or advice of an authorized representative of the Secretary. "(b) TYPES OF RELIEF. — The Secretary shall— "(1) to the extent the Secretary determines that an owner or operator has been injured by good faith reliance described in subsection (a), allow the owner or operator to do any one or more of the following— "(A) to retain pa3anents received under the contract; "(B) to continue to receive payments under the contract; "(C) to keep all or part of the land covered by the contract enrolled in the applicable program under this chapter; "(D) to reenroU all or part of the land covered by the contract in the applicable program under this chapter; or "(E) or any other equitable relief the Secretary deems appropriate; and "(2) require the owner or operator to take such actions as are necessary to remedy any failure to comply with the contract. "(c) RELATION TO OTHER LAW.— The authority to provide relief under this section shall be in addition to any other authority provided in this or any other Act. "(d) EXCEPTION.— T his section shall not apply to a pattern of conduct in which an authorized representative of the Secretary takes actions or provides advice with respect to an owner or operator that the representative and the owner or operator know are inconsistent with applicable law (including regulations). "(e) APPLICABILITY OF RELIEF. —Relief under this section shall be available for contracts in effect on January 1, 2000 and for all subsequent contracts.". SEC. 756. Section 375(e)(6)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking "$20,000,000" and inserting "$25,000,000". SEC. 757. Refunds or rebates received on an on-going basis from a credit card services provider under the Department of Agriculture's charge card programs may be deposited to and retained without fiscal year limitation in the Departmental Working Capital Fund established under 7 U.S.C. 2235 and used to fund management initiatives of general benefit to the Department of Agriculture bureaus and offices as determined by the Secretary of Agriculture or the Secretary's designee. SEC. 758. The Act of August 19, 1958 (7 U.S.C. 1431 note) is amended— (1) by striking "clause (3) or (4) of" the first place it appears and inserting "the Food for Progress Act of 1985,"; (2) by striking "clause (3) or (4) of such" and inserting "the Food for Progress Act of 1985, such"; and (3) by striking "to the President".

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