Page:United States Statutes at Large Volume 116 Part 1.djvu/246

 116 STAT. 220 PUBLIC LAW 107-171—MAY 13, 2002 for a loan, payment, or other benefit under the covered program, if the participant— (1) acting in good faith, reUed on the action or advice of the Secretary (including any authorized representative of the Secretary) to the detriment of the participant; or (2) failed to comply fully with the requirements of the covered program, but made a good faith effort to comply with the requirements. (c) FORMS OF RELIEF. —The Secretary may authorize a participant in a covered program to— (1) retain loans, payments, or other benefits received under the covered program; (2) continue to receive loans, payments, and other benefits under the covered program; (3) continue to participate, in whole or in part, under any contract executed under the covered program; (4) in the case of a conservation program, reenroll all or part of the land covered by the program; and (5) receive such other equitable relief as the Secretary determines to be appropriate. (d) REMEDIAL ACTION. —As a condition of receiving relief under this section, the Secretary may require the participant to take actions designed to remedy any failure to comply with the covered program. (e) EQUITABLE RELIEF BY STATE DIRECTORS AND STATE CON- SERVATIONISTS. — (1) IN GENERAL. —^A State Director, in the case of programs administered by the State Director, and the State Conservationist, in the case of programs administered by the State Conservationist, may grant relief to a participant in accordance with subsections (b) through (d) if— (A) the amount of loans, payments, and benefits for which relief will be provided to the participant under this subsection is less than $20,000; (B) the total amount of loans, pa3mients, and benefits for which relief has been previously provided to the participant under this subsection is not more than $5,000; and (C) the total amount of loans, payments, and benefits for which relief is provided to similarly situated participants under this subsection is not more than $1,000,000, as determined by the Secretary. (2) CONSULTATION, APPROVAL, AND REVERSAL.—The decision by a State Director or State Conservationist to grant relief under this subsection— (A) shall not require prior approval by the Administrator of the Farm Service Agency, the Chief of the Natural Resources Conservation Service, or any other officer or employee of the Agency or Service; (B) shall be made only after consultation with, and the approval of, the Office of General Counsel of the Department of Agriculture; and (C) is subject to reversal only by the Secretary (who may not delegate the reversal authority). (3) NONAPPLICABILITY. — The authority of a State Director or State Conservationist under this subsection does not apply to the administration of— (A) payment limitations under—

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