§ 2008a. Equitable relief

419 words·~2 min read·/usc/title-7/section-2008a

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(a)In general Subject to subsection (b), the Secretary may provide a form of relief described in subsection

(c)to any farmer or rancher who—

(1)received a direct farm ownership, operating, or emergency loan under this chapter; and

(2)the Secretary determines is not in compliance with the requirements of this chapter with respect to the loan.

(b)Limitation The Secretary may only provide relief to a farmer or rancher under subsection

(a)if the Secretary determines that the farmer or rancher—

(1)acted in good faith; and

(2)relied on an action of, or the advice of, the Secretary (including any authorized representative of the Secretary) to the detriment of the farming or ranching operation of the farmer or rancher.

(c)Forms of relief The Secretary may provide to a farmer or rancher under subsection

(a)any of the following forms of relief:

(1)The farmer or rancher may retain loans or other benefits received in association with the loan with respect to which the farmer or rancher was determined to be noncompliant under subsection (a)(2).

(2)The farmer or rancher may receive such other equitable relief as the Secretary determines to be appropriate.

(d)Condition As a condition of receiving relief under this section, the Secretary may require the farmer or rancher to take actions designed to remedy the noncompliance.

(e)Administrative appeal; judicial review A determination or action of the Secretary under this section—

(1)shall be final; and

(2)shall not be subject to administrative appeal or judicial review under chapter 7 of title 5.

(Pub. L. 87–128, title III, § 366, as added Pub. L. 115–334, title V, § 5305, Dec. 20, 2018, 132 Stat. 4672.)

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