§3843. Administration

(a) Appeal procedure

The Secretary shall establish, by regulation, an appeal procedure under which a person who is adversely affected by any determination made under subchapters I through V of this chapter may seek review of such determination.

(b) Landlord's eligibility unaffected by ineligibility of tenant or sharecropper

Ineligibility under section 3811 or 3812 of this title of a tenant or sharecropper for benefits shall not cause a landlord to be ineligible for benefits for which the landlord would otherwise be eligible with respect to commodities produced on lands other than those operated by the tenant or sharecropper.

(c) Safeguards for tenants and sharecroppers

In carrying out subchapters II through V of this chapter, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the program established by subchapter IV of this chapter.

(d) Determinations

In making determinations under this chapter and in conducting appeals from any determination made under this chapter, the Secretary shall act as expeditiously as possible but shall provide adequate safeguards to protect the interests of the persons involved in such determination.

(e) Maintenance of data

The Secretary shall maintain data concerning the number and status of appeals pending in excess of 120 days or resolved under this chapter.

(f) Limitations on enrollments

(1) The Secretary shall not enroll more than a total of 25 percent of the cropland in any county into the Environmental Conservation Acreage Reserve Program under part I of subchapter IV of this chapter and the Environmental Easement Program under part III of subchapter IV of this chapter, and not more than 10 percent of such cropland may be subject to an easement acquired under those parts. The Secretary may exceed these limitations in a county to the extent that the Secretary determines that-

(A) such action would not adversely affect the local economy of such county; and

(B) producers in such county are having difficulties complying with conservation plans or other environmental requirements.

(2) The limitations established under this subsection shall not apply to cropland that is subject to an easement under part I of subchapter IV of this chapter or part III of subchapter IV of this chapter that is used for the establishment of shelterbelts and windbreaks.

(3) In making a determination under this subsection, the Secretary shall not require the written consent of a member of Congress.

( Pub. L. 99–198, title XII, §1243, Dec. 23, 1985, 99 Stat. 1515 ; Pub. L. 101–624, title XIV, §1442, Nov. 28, 1990, 104 Stat. 3602 .)

References in Text

Parts I and III of subchapter IV of this chapter, referred to in subsec. (f)(1), (2), were in the original references to chapters 1 and 3, respectively, and were translated as references to chapters 1 and 3 of subtitle D meaning chapters 1 and 3 of subtitle D of title XII of Pub. L. 99–198, to reflect the probable intent of Congress.

Amendments

1990-Subsecs. (d) to (f). Pub. L. 101–624 added subsecs. (d) to (f).

Section Referred to in Other Sections

This section is referred to in sections 3822, 3832 of this title.