Page:United States Statutes at Large Volume 114 Part 3.djvu/1050

 114 STAT. 2072 PUBLIC LAW 106-472—NOV. 9, 2000 SEC. 306. STATE AGRICULTURAL MEDIATION PROGRAMS. (a) ELIGIBLE PERSON; MEDIATION SERVICES.—Section 501 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended— (1) in subsection (c), by striking paragraphs (1) and (2) and inserting the following: "(1) ISSUES COVERED. — "(A) IN GENERAL. —To be certified as a qualifying State, the mediation program of the State must provide mediation services to persons described in paragraph (2) that are involved in agricultural loans (regardless of whether the loans are made or guaranteed by the Secretary or made by a third party). "(B) OTHER ISSUES. — The mediation program of a qualifying State may provide mediation services to persons described in paragraph (2) that are involved in one or more of the following issues under the jurisdiction of the Department of Agriculture: "(i) Wetlands determinations. "(ii) Compliance with farm programs, including conservation programs. "(iii) Agricultural credit. "(iv) Rural water loan programs. "(v) Grazing on National Forest System land. " (vi) Pesticides. "(vii) Such other issues as the Secretary considers appropriate. " (2) PERSONS ELIGIBLE FOR MEDIATION. — "(A) IN GENERAL. —Subject to subparagraph (B), the persons referred to in paragraph (1) include— "(i) agricultural producers; "(ii) creditors of producers (as applicable); and "(iii) persons directly affected by actions of the Department of Agriculture. " (B) VOLUNTARY PARTICIPATION. — "(i) IN GENERAL.— Subject to clause (ii) and section 503, a person may not be compelled to participate in mediation services provided under this Act. "(ii) STATE LAWS.— Clause (i) shall not affect a State law requiring mediation before foreclosure on agricultural land or property."; and (2) by adding at the end the following: "(d) DEFINITION OF MEDIATION SERVICES. —In this section, the term 'mediation services', with respect to mediation or a request for mediation, may include all activities related to— "(1) the intake and scheduling of cases; "(2) the provision of background and selected information regarding the mediation process; "(3) financial advisory and counseling services (as appropriate) performed by a person other than a State mediation program mediator; and "(4) the mediation session.". (b) USE OF MEDIATION GRANTS.—Section 502(c) of the Agricultural Credit Act of 1987 (7 U.S.C. 5102(c)) is amended— (1) by striking "Each" and inserting the following: "(1) IN GENERAL.— Each"; and (2) by adding at the end the following:

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