[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Proposed Rules]
[Page 68755-68762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no06-11]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 68755]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 7
RIN 0560-AG90
Selection and Functions of Farm Service Agency State and County
Committees
AGENCY: Office of the Secretary, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would amend the regulations governing the
selection and functions of Farm Service Agency (FSA) State and county
committees in accordance with the Soil Conservation and Domestic
Allotment Act, as amended (the Act).
DATE: Comments must be received by January 29, 2007.
ADDRESSES: The Secretary invites interested persons to submit comments
on this proposed rule. Comments may be submitted by any of the
following methods:
E-mail: send comments to:
countycommitteeelections[fxsp0]@wdc.usda.gov.
FAX: FAX comments to (202) 720-6974.
Mail: County Committee Regulations Comments, U.S.
Department of Agriculture, Room 3092-S, Mail Stop 0539, 1400
Independence Ave., SW., Washington, DC 20250-0539.
Hand Delivery or Courier: Deliver comments to the above
mailing address.
Federal Rulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
All comments, including names and addresses, provided by
respondents become a matter of public record. Comments may be inspected
in the Office of the Deputy Administrator for Field Operations, FSA, at
the above mailing address. Please make inspection arrangements by
calling (202) 720-7890.
FOR FURTHER INFORMATION CONTACT: Kenneth Nagel, Field Operations
Manager, FSA, United States Department of Agriculture (USDA), STOP
0542, 1400 Independence Avenue, SW., Washington, DC 20250-0542,
telephone (202) 720-7890, or at kenneth.nagel@wdc.usda.gov. Persons
with disabilities or who require alternative means for communications
should contact the USDA Target Center at (202) 720-2600 (voice and
TDD).
SUPPLEMENTARY INFORMATION:
Public Comments
Public comments are invited with respect to the interpretation of
the terms ``participate'' and ``cooperate.'' The definitions of these
terms are provided at Section 7.3 of the proposed rule. These terms are
significant because they determine the class of producers who may be
nominated as candidates in county committee elections. Please see
section 7.8 of the proposed rule for the provision on the nomination
process for county committee elections. In addition, these terms
determine the eligibility of producers who may vote in county committee
elections. Please see section 7.5 for the provision on voting in county
committee elections. For further reference, the Background section
contains a discussion on the eligibility to vote in county committee
elections.
Background
FSA county committees play an instrumental role in administering
FSA programs at the county level, including carrying out FSA programs
that have a financial impact on farmers and ranchers participating in
FSA programs. County committees make producer eligibility
determinations for farm programs, hear producer appeals on adverse
determinations and render decisions at the county level. Each committee
is comprised of three to five agricultural producers who participate or
cooperate in programs administered in the county or area under a
committee's jurisdiction. 16 U.S.C. 590h(b)(5)(ii). County committee
members are elected to 3-year terms by agricultural producers who
participate or cooperate in programs administered in the county or area
under the jurisdiction of the county committee. Id. County committee
elections are conducted in local administrative areas designated by the
Secretary or the Secretary's designee. Each county or area under the
jurisdiction of the county committee consists of three to five local
administrative areas in which a regular election is conducted every
three years. By statute, county committees must be ``fairly
representative'' of the agricultural producers in the county or area
under a committee's jurisdiction. 16 U.S.C. 590h(b)(5)(B)(ii).
On May 13, 2002, the Farm Security and Rural Investment Act of 2002
(Pub. L. 107-171) (the 2002 Farm Bill) amended the Food, Agriculture,
Conservation, and Trade Act of 1990 (Pub. L. 101-624) to ensure public
transparency and accountability of election results, as well as to
ensure the fair representation of socially disadvantaged (SDA)
producers on county committees. Adopting the definition set forth in 7
U.S.C. 2003, the 2002 Farm Bill defines an SDA group as a group whose
members have been subject to racial, ethnic, or gender prejudice
because of their identity as members of the group, without regard to
their individual qualities. 7 U.S.C. 2003(e)(1). SDA producers have
generally been defined to include African-Americans, Hispanic
Americans, Native Americans, Asian-Americans, Pacific Americans,
Subcontinent Asian-Americans, and women. By statute, USDA must solicit
nominations for county committee positions from organizations
representing the interests of SDA groups. 16 U.S.C.
590h(b)(5)(B)(iii)(III)(bb).
7 CFR part 7, subtitle A, as amended, incorporates the requirements
of the 2002 Farm Bill. The first change made by the 2002 Farm Bill was
to define specifically the class of agricultural producers who are
eligible to vote for county committee members as those producers who
participate or cooperate in programs administered by FSA in the area
under the committee's jurisdiction. 16 U.S.C. 590h(b)(5)(B)(ii),
(iii)(aa). Additionally, time-frames for participation are defined in
the proposed rule to provide that an eligible voter must have
participated in a program administered by FSA in the county or area
under the committee's jurisdiction within 1 year of the date of the
election or be cooperating at the time of the deadline to vote, as
evidenced by county office records. Previous regulations defined
eligibility to vote to include any person who had an interest in a farm
as owner, operator,
[[Page 68756]]
tenant, or share-cropper, and of legal voting age or if not of legal
voting age, in charge of the supervision and conduct of the farming
operation, if eligible to participate in any program administered by
the county committee. The intent of the 2002 Farm Bill is to ensure
county committee members are elected by those who are directly affected
by county committee actions.
Voters who are deemed to be participants have received USDA
benefits in the most recent time-frame. Voting rights are also extended
to those producers considered to be cooperating with FSA who provide
information to FSA regarding their farming or ranching operation, but
are not currently receiving benefits or have applied for benefits.
Producers cooperating may be considered as those who provide
information such as ownership records, acreage reports, leasing terms,
or other information that is maintained in FSA records. Producers
cooperating with FSA should update the FSA on a timely basis to
maintain their information. The information they provide is considered
beneficial to USDA and may be used in future determinations for FSA
programs. Maintaining data on individuals cooperating with FSA is
necessary to ensure that non-participating producers are fully informed
of programs administered by FSA. Farm and ranch data provided by
cooperating producers becomes essential for FSA outreach efforts. All
references to community committees and requirements for county
conventions have been removed from the regulations. Community
committees and county conventions have been eliminated from the FSA
program over the years. Community committees have not been used as
elective bodies since 1996. County committees were elected by delegates
of the community committees at annual county conventions. Today and
since 1996, all county committee elections are conducted by direct
election by eligible voters. With respect to the determination of
elective areas, all references to communities and conventions are
removed.
The 2002 Farm Bill mandates public access requirements relating to
county committee elections, requiring FSA county committees to open and
count the ballots in public, allowing the public to observe the opening
and counting of the ballots, and giving the public a 10-day notice of
the date, time, and place that the ballots will be tabulated. 16 U.S.C.
590h(b)(5)(B)(iii)(IV).
To further promote transparency and public accountability, the 2002
Farm Bill imposes several reporting requirements with regard to the
results of county committee elections. No later than 20 days after an
election is conducted, each county committee must file with the
Secretary and the FSA State office a report on the election results.
This local report must provide data to include the number of eligible
voters, the number of ballots cast and disqualified, and the race,
ethnicity, and gender of the nominees for the county committee
position. 16 U.S.C. 590h(b)(5)(B)(iii)(V). 7 CFR part 7 is amended to
require local election reports to contain the following information:
(1) The number of eligible voters in the local administrative area;
(2) The number of ballots cast in the election by eligible voters;
(3) The percentage of eligible voters who cast ballots;
(4) The number of ballots disqualified in the election;
(5) The percentage that the number of ballots disqualified is of
the number of ballots received;
(6) The number of nominees for each seat up for election;
(7) The race, ethnicity, and gender of each nominee, as provided by
the voluntary self identification of each nominee; and,
(8) The final election results to include the number of ballots
received by each nominee.
Also, not later than 90 days after the date of the first election
held after enactment of the 2002 Farm Bill (which would have been the
2002 election), the Secretary was required to compile a national report
consolidating data on election results submitted by county committees.
Id. 16 U.S.C. 590h(b)(5)(B)(iii)(VI). Such national reports on the
2002, 2003, and 2004 elections were prepared and made public. These
national reports may be viewed at http://www.fsa.usda.gov/[fxsp0]FSA/
webapp?area=newsroom[fxsp0]&subject=landing&topic=cce. Based on this
reporting, the FSA national office will provide feedback and guidance
to county offices on their outreach efforts and on the election
process.
Most critically, the 2002 Farm Bill gave the Secretary discretion
to issue uniform guidelines governing the county committee election
process if the Secretary deemed that such guidelines were necessary
after analyzing the data from the national report. 16 U.S.C.
590h(b)(5)(B)(iii)(VII)(aa). By law, the uniform guidelines must
contain provisions ensuring fair representation of SDA producers on
county committees where they are underrepresented in relation to their
presence in the respective covered areas. 16 U.S.C.
590h(b)(5)(B)(iii)(VII)(bb). After reviewing the national reports on
the 2002 and 2003 elections, the Secretary determined that issuing such
uniform guidelines was appropriate. Uniform Guidelines for Conducting
Farm Service Agency County Committee Elections were published in the
Federal Register on January 18, 2005, (70 FR 2837) pursuant to Section
10708 of the 2002 Farm Bill. FSA is required to follow the uniform
guidelines in conducting county committee elections and FSA regulations
and directives on conducting such elections must conform to these
guidelines. FSA is also required to conduct training of county
employees on the implementation of the uniform guidelines and FSA's
regulations.
The requirement for county committees to maintain a list of
eligible voters for public inspection has been expanded to now require
county committees to provide a list of names and addresses of eligible
voters to any candidate for county committee requesting the list.
County committees shall develop a slate of candidates to consist of
one or more candidates as provided by open nominations. County
committees are allowed to add names to a slate only if no names are
received at the county office through the open nomination process, and
then may only add two names, with one who is a socially disadvantaged
producer. The process to challenge an election has been changed.
Previously, any eligible voter could challenge the results of an
election. Appeals to the validity of a county committee election may
now only be filed by a nominee.
Following the uniform guidelines, the proposed rule contains
several provisions governing the election process, which include: (1)
An annual review of local administrative areas (LAA) (the specific area
within a county or counties that a single county committee member
represents) in order to determine if redrawing the boundaries or
changing the number of LAA's in a county is appropriate to ensure fair
representation of producers; (2) approval by the FSA State office of
any changes in LAA boundaries or number of LAA's; (3) regular
maintenance of lists of eligible voters; (4) review by the FSA State
office of voter ineligibility determinations made by an FSA county
committee when review is sought by a producer; (5) direct mailing of
nomination forms to eligible voters, as well as wider public
accessibility of such forms; (6) when no nominations are filed,
ensuring that the slate is filled with at least one member of an SDA
group; (7) providing the
[[Page 68757]]
Secretary with the authority to nominate candidates; and (8) at the
option of a candidate, direct mailing of ballots to the State office,
which will then provide the ballots to each county office in a sealed
box to be opened at the public counting of ballots.
7 CFR part 7 is further amended by removing references to county
office employee personnel actions from the regulation and placing this
section into FSA personnel management handbook policy. The Deputy
Administrator will continue responsibility for the oversight of all
State and county committees, employees of State and county committees,
and employees of county executive directors. 7 CFR part 7 is further
amended by removing references to county committee political activity
from the regulation and placing this section into FSA handbook policy.
7 CFR part 7 is further amended to define a term of office as one in
which a member has served for a period of one and one-half years, or
greater, of that term.
USDA intends to continually monitor the effectiveness of election
reform efforts in order to determine if the measures contained in these
guidelines are sufficient to ensure fair representation of producers on
county committees. This will include efforts to improve the collection
of data required to measure whether there is fair representation. USDA
will also continue to improve the implementation of the uniform
guidelines, as well as to determine if additional efforts are
necessary. Such additional efforts could include compliance reviews of
particular counties and further centralization of the election process.
One of the possible additional measures is provided in the 2002
Farm Bill itself. The 2002 Farm Bill provides that the Secretary is
permitted to ensure the inclusion of SDA producers on county committees
by enacting provisions allowing for the appointment of an additional
voting member to the committee. Id. 16 U.S.C.
590h(b)(5)(B)(iii)(VII)(cc). The Secretary has the discretion whether
to exercise this authority. The Secretary intends to continually
evaluate whether the reforms set forth in the uniform guidelines are
achieving their goal of ensuring fair representation of SDA producers.
Based on such evaluations, the Secretary will determine whether to
exercise the authority to appoint SDA producers to committees. In the
event that the Secretary does decide to utilize the appointment
authority, the Secretary will only do so after providing an opportunity
for the public to comment on proposed provisions under which such
appointments will be made.
Executive Order 12988
This proposed rule has been reviewed in accordance with Executive
Order 12988. The provisions of this proposed rule are not retroactive
and preempt State laws only to the extent such provisions are
inconsistent with State laws.
Executive Order 12372
This program/activity is not subject to the provisions of Executive
Order 12372, which requires intergovernmental consultation with State
and local officials. See the notice related to 7 CFR part 3015, subpart
V, published at 48 FR 29115 (June 24, 1983).
Paperwork Reduction Act
Information collection requirements in this regulation were
approved by OMB and assigned OMB control number 0560-0229 as required
by the Paperwork Reduction Act (44 U.S.C. 3507 et seq).
Unfunded Mandates Reform Act
This proposed rule contains no Federal mandates for State, local,
or tribal governments, or the private sector. Therefore, this rule is
not subject to the requirements of sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995.
List of Subjects for 7 CFR Part 7
Agriculture, State and County committees.
Accordingly, for the reasons cited above, 7 CFR part 7 is proposed
to be revised to read as follows:
PART 7--SELECTION AND FUNCTIONS OF FARM SERVICE AGENCY STATE AND
COUNTY COMMITTEES
Sec.
7.1 Administration.
7.2 General.
7.3 Definitions.
7.4 Selection of committee members.
7.5 Eligible voters.
7.6 Establishment of local administrative areas.
7.7 Calling of elections.
7.8 Nominations for county committee.
7.9 Slate of candidates.
7.10 Conduct of county committee elections.
7.11 Election of county committee members.
7.12 Composition of a county or area committee.
7.13 Tie votes.
7.14 Vacancies.
7.15 Challenges and appeals.
7.16 Report of election.
7.17 Remedial measures.
7.18 Eligibility requirements of county committee members.
7.19 Eligibility requirements of all other personnel.
7.20 Dual office.
7.21 Terms of office of county committee members.
7.22 State committee duties.
7.23 County committee duties.
7.24 Chairperson of the county committee duties.
7.25 County executive director duties.
7.26 Private business activity and conflicts of interest.
7.27 Political activity.
7.28 Removal from office or employment for cause.
7.29 Delegation of authority to Deputy Administrator.
7.30 Custody and use of books, records, and documents.
7.31 Administrative operations.
7.32 Implementation.
7.33 Applicability.
7.34 Retention of authority.
Authority: 16 U.S.C. 590d and 590h.
Sec. 7.1 Administration.
(a) The regulations of this part are applicable to the election and
functions of Farm Service Agency (FSA) county committees and the
functions of State FSA committees (``county committees'' and ``State
committees,'' respectively). State and county committees shall be under
the general supervision of the Administrator, FSA.
(b) State and county committees, and representatives and employees
thereof, do not have authority to modify or waive any of the provisions
of this part.
(c) State committees shall take any actions required by these
regulations that have not been taken by a county committee. State
committee shall also:
(1) Correct, or require a county committee to correct any action
taken by such county committee which is not in accordance with this
part, or
(2) Require a county committee to withhold taking any action that
is not in accordance with this part.
(d) No provision or delegation herein to a State or county
committee shall preclude the Administrator, FSA, from determining any
question arising under this part, or from reversing or modifying any
determination made by a State or county committee.
(e) These regulations shall be administered in accordance with the
guidelines issued pursuant to Section 10708 of the Farm Security and
Rural Investment Act of 2002 (16 U.S.C. 590h(b)(5)(VII)(aa)).
Sec. 7.2 General.
State and county committees shall, as directed by the Secretary or
a designee
[[Page 68758]]
of the Secretary, carry out the programs and functions of the
Secretary.
Sec. 7.3 Definitions.
(a) The terms defined in Sec. 718.2 of this title shall also be
applicable to this part.
(b) For the purposes of this part, the term ``participate'' means
to receive assistance, services, or benefits directly from the United
States Department of Agriculture (USDA), or from USDA indirectly
through another governmental agency.
(c) For the purposes of this part, the term ``cooperate'' means to
enroll a farming operation or agricultural property with a county
office.
Sec. 7.4 Selection of committee members.
(a) State committee members shall be selected by the Secretary and
shall serve at the pleasure of the Secretary.
(b) County committee members shall be elected in accordance with
Sec. 7.11.
Sec. 7.5 Eligible voters.
(a) Persons eligible to vote in direct elections of county
committee members must meet the requirements of paragraphs (b) and (c)
of this section.
(b) Agricultural producers, regardless of race, color, national
origin, gender, religion, age, disability, political beliefs, sexual
orientation, and marital or family status, and who are of legal voting
age in the State in which their farms or ranches are located, and any
person not of such legal voting age who is in charge of the supervision
and conduct of the farming operations on an entire farm, shall be
eligible to vote for direct election of county committee members, if
they:
(1) Participated in a program administered within a county or area
under the jurisdiction of the county committee, within 1 year of the
date of the election; or,
(2) Not later than the final date to return ballots, cooperate as
evidenced in county office records.
(c) In any State having a community property law, the spouse of a
person who is eligible to vote in accordance with paragraph (b) of this
section shall also be eligible to vote.
(d) If an eligible voter is an entity other than an individual, the
eligible voter's vote may be cast by a duly authorized representative
of such entity, as determined by the Deputy Administrator, Field
Operations, FSA (Deputy Administrator).
(e) Each county office shall maintain a list of eligible voters for
each local administrative area within the county. A county office shall
disclose a list containing the names of eligible voters to the public.
A county office shall disclose a listing containing the names and
addresses of eligible voters to candidates for county committee
positions only at the request of the candidates.
(f) Each eligible voter shall be entitled to only one ballot in any
election held in any one local administrative area. If the eligible
voter has an interest in land located in more than one local
administrative area in a single county, such voter shall not be
entitled to vote in more than one local administrative area in that
county. There shall be no voting by proxy.
Sec. 7.6 Establishment of local administrative areas.
The Secretary or the Secretary's designee may designate local
administrative areas within a county or a larger area under the
jurisdiction of a county committee.
(a) There shall be a minimum of three local administrative areas in
each county. In counties that have been combined as a multiple county
office, there shall be three to five local administrative areas. With
respect to Alaska and Puerto Rico, the term ``county'' shall be the
area so designated by the State committees and in Louisiana the term
``county'' applies to parishes.
(b) Each local administrative area shall have not more than one
county committee member.
(c) The boundaries of the local administrative areas shall be
determined by the State committee after considering recommendations by
the county committee in which the local administrative area is located.
(d) The county committee shall give public notice of the local
administrative area boundaries in advance of the election and
nomination processes.
Sec. 7.7 Calling of elections.
(a) The Secretary shall establish a county or area committee in
each county or area. An area is defined as the jurisdiction of a
multiple county office.
(b) Each election of county committee members shall be held on a
date, or within a specified period of time, determined by the Deputy
Administrator. Each such election shall be held in accordance with
instructions issued by the Deputy Administrator, which shall be
available for public examination in each county office.
(c) If the number of eligible voters voting in any election of
county committee members is so small that the State committee
determines that the result of that election does not represent the
views of a substantial number of eligible voters, the State committee
may declare the election void and call a new election. If it is
determined by the State committee that the election for any position on
a county committee has not been held substantially in accordance with
official instructions, the State committee shall declare such election
void and call a new election.
Sec. 7.8 Nominations for county committee.
(a) Nominations to the county committee shall be publicly solicited
with a closing date for nominations not less than 90 days prior to the
election date.
(b) Each solicitation for nomination shall include the
nondiscrimination statement used by the Secretary.
(c) To be eligible for nomination for election in the local
administrative area conducting the election, a person must be an
agricultural producer residing within that local administrative area
under the jurisdiction of the county committee.
(d) Eligible nominees shall be agricultural producers who:
(i) Participated in a program administered within an area under the
jurisdiction of the county committee, within 1 year of the deadline to
submit nominations; or,
(ii) At the time of the deadline to submit nominations, cooperate
as evidenced in county office records.
(e) Nominations of eligible producers shall be solicited and
accepted from organizations representing the interests of socially
disadvantaged producers.
(f) Eligible producers may nominate themselves or other producers
who meet the nomination criteria in paragraph (d) of this section, and
certify their willingness to serve on the county committee.
Sec. 7.9 Slate of candidates.
(a) A slate of candidates shall consist of one or more eligible
producers nominated through public solicitation of nominees.
(b) When no nominations are received, county committees shall
develop a slate of candidates in accordance with the guidelines issued
pursuant to Section 10708 of the Farm Security and Rural Investment Act
of 2002 (16 U.S.C. 590h(b)(5)(VII)(aa)).
(c) Slates developed by the county committee shall include at least
one individual representing the interests of socially disadvantaged
producers.
(d) Candidates shall certify their willingness to serve on the
county committee if elected as a member or alternate.
(e) The county committee shall accept write-in candidates on
ballots.
[[Page 68759]]
(f) Write-in candidates, if elected as a member or an alternate,
must meet eligibility requirements and shall certify their willingness
to serve on the county committee.
Sec. 7.10 Conduct of county committee elections.
(a) The county committee serving at the time shall be responsible
for the conduct of county committee elections in accordance with
guidelines issued pursuant to Section 10708 of the Farm Security and
Rural Investment Act of 2002 (16 U.S.C. 590h(b)(5)(VII)(aa)) and
instructions issued by the Deputy Administrator.
(b) Elections shall not be associated with, or held in conjunction
with, any other election or referendum conducted for any other purpose.
(c) The county committee shall give advance public notice at least
30 calendar days prior to the election date of how, when, and where
eligible voters may vote.
(d) The county committee shall provide at least 10 calendar days of
public notice of the date, time, and place at which election ballots
will be opened and counted.
(e) The county committee shall provide at least 10 calendar days of
public notice that any person may observe the opening and counting of
the election ballots.
(f) All nominees shall be notified within 5 calendar days of the
election date in writing of the outcome of the election by the county
executive director.
Sec. 7.11 Election of county committee members.
(a) Where there are three local administrative areas as provided in
Sec. 7.6, there shall be an election of a county committee member and,
if available, any alternates, for a term of not more than 3 years, or
until such person's successor is elected and qualified, in only one of
the local administrative areas so that the term of office of the county
committee member and any alternates within one of the local
administrative areas will expire each year.
(b) Where there are four to five local administrative areas as
provided in Sec. 7.6 there shall be an election of county committee
members and, if available, any alternates for a term of not more than 3
years, or until such person's successor is elected and qualified, in
one or two of the local administrative areas so that the term of office
of the county committee member and any alternates within one or two of
the local administrative areas will expire each year.
(c) Every 3 years, the eligible voters in a local administrative
area shall elect a county committee member and may elect first and
second alternates, as available, to serve in the order of the number of
votes received as acting members of the county committee, in case of
the temporary absence of a member, or to become a member of the county
committee in that same order elected in case of the resignation,
disqualification, removal, or death of a member.
(d) An alternate serving as an acting member of the county
committee shall have the same duties, responsibility, and authority as
a regular member of such committee. In the event an alternate fills a
permanent vacancy on the county committee, such person shall assume the
unexpired term of the county committee member who was replaced.
(e) The election shall be conducted by mail ballot in accordance
with the guidelines issued pursuant to Section 10708 of the Farm
Security and Rural Investment Act of 2002 (16 U.S.C.
590h(b)(5)(VII)(aa)) in all counties, except that the Deputy
Administrator may authorize use of the meeting or polling place method
in any county where such exception is deemed justified.
(f) Where elections are by mail or by polling place, the county
committee shall give advance public notice that nominations shall be
made by petition in accordance with the guidelines issued pursuant to
Section 10708 of the Farm Security and Rural Investment Act of 2002 (16
U.S.C. 590h(b)(5)(VII)(aa)).
(g) Elections shall be by secret ballot with each eligible voter
allowed to cast one vote and having the option of writing in the name
of a candidate.
(h) Failure to elect alternates at the regular election shall not
invalidate such election or require a special election to elect
alternates.
Sec. 7.12 Composition of a county or area committee.
(a) A committee established under Sec. 7.11 shall consist of not
fewer than three or more than five members.
(b) Committee members shall be fairly representative of the
agricultural producers within their respective LAA from which they are
elected.
(c) The county committee shall select a secretary who shall be the
county executive director or other employee of the county committee.
Sec. 7.13 Tie votes.
Tie votes in county committee elections shall be settled by lot in
public purview.
Sec. 7.14 Vacancies.
(a) In case of a vacancy in the office of chairperson of a county
committee, the respective vice chairperson shall become chairperson; in
case of a vacancy in the office of vice chairperson of a three member
committee, the respective third member shall become vice chairperson;
in case of a vacancy in the office of a member, a respective first
alternate, if available, shall become a member; in case of a vacancy in
the office of vice chairperson of a four to five member county
committee, the first alternate, if available, for the LAA of the vice
chairperson shall become a member and the county committee shall
conduct an organizational meeting to select a vice chairperson; and in
case of a vacancy in the office of the first alternate, a respective
second alternate, if available, shall become the first alternate. When
unanimously recommended by the members of the county committee, as
constituted under this paragraph, and approved by the State committee,
the offices of chairperson and vice chairperson of the county committee
may be filled from such membership without regard to the order of
succession prescribed in this paragraph.
(b) In the event that a vacancy, other than one caused by temporary
absence, occurs in the membership of the county committee and no
alternate is available to fill the vacancy, a special election may be
held to fill such vacancies as exist in the membership.
(c) In the event that a vacancy, other than one caused by temporary
absence, occurs in the membership of the county committee and no
alternate is available to fill the vacancy, the State committee may
designate a person to serve out the balance of the term of the vacant
position on the county committee.
Sec. 7.15 Challenges and appeals.
(a) Challenges and appeals by nominees regarding voter eligibility
or the results of a county committee election shall be handled in
accordance with the guidelines issued pursuant to Section 10708 of the
Farm Security and Rural Investment Act of 2002 (16 U.S.C.
590h(b)(5)(VII)(aa)).
(b) Any nominee shall have the right to challenge an election in
writing, in person, or both within 15 calendar days after the results
of the election are posted.
(c) Challenges to the election shall be made to the county
committee, which will provide a decision on the challenge to the
appellant within 7 calendar days of the receipt of the challenge.
(d) The county committee's decision may be appealed to the State
Committee
[[Page 68760]]
within 15 calendar days of receipt of the notice of the decision if the
appellant desires.
(e) In the event that an election is nullified as a result of a
challenge or appeal, or an error in the election process, a special
election shall be conducted by the county office and closely monitored
by the FSA State office.
Sec. 7.16 Report of election.
(a) The county committee shall file an election report with the
Secretary through the Deputy Administrator's office not later than 20
days after the date an election is held.
(b) The election report shall include:
(1) The number of eligible voters in the local administrative area;
(2) The number of ballots cast in the election by eligible voters;
(3) The percentage of eligible voters that cast ballots;
(4) The number of ballots disqualified in the election;
(5) The percentage that the number of ballots disqualified is of
the number of ballots received;
(6) The number of nominees for each seat up for election;
(7) The race, ethnicity, and gender of each nominee, as provided by
the voluntary self identification of each nominee; and
(8) The final election results, including the number of ballots
received by each nominee.
Sec. 7.17 Remedial measures
FSA shall consider additional efforts to achieve the objective that
county committees are fairly representative of agricultural producers
within areas covered by the committees. Such efforts may include, but
are not limited to, compliance reviews of selected counties,
consideration of at-large seats or cumulative voting for certain county
committees, further centralization of the election process, and the
appointment of socially disadvantaged farmers to particular committees
in accordance with a provision issued by the Secretary authorizing such
appointments.
Sec. 7.18 Eligibility requirements of county committee members.
(a) To be eligible to hold office as a county committee member or
an alternate to any such office, a person must meet the conditions set
forth in this section.
(b) Such person must:
(1) Satisfy the nomination criteria set forth in Sec. 7.8.
(2)(i) Except as provided in paragraph (b)(2)(ii) of this section,
be residing in the local administrative area in which the election is
held.
(ii) In cases where a State line, a county line, or a local
administrative area boundary runs through a farm, eligible producers
residing on such farm may hold office in the county and local
administrative area in which the farm has been determined to be located
for program participation purposes.
(3) Not be ineligible under Sec. 7.27.
(4) Not have been dishonorably discharged from any branch of the
armed services; removed for cause from any public office; convicted of
any fraud, larceny, embezzlement, or felony, unless any such
disqualification is waived by the State committee or the Deputy
Administrator;
(5) Not have been removed as a county committee member, alternate
to any such office, or as an employee for: Failure to perform the
duties of the office; committing, attempting, or conspiring to commit
fraud; incompetence; impeding the effectiveness of any program
administered in the county; refusal to carry out or failure to comply
with the Department's policy relating to equal opportunity and civil
rights, including the equal employment policy, or interfering with
others in carrying out such policy; or for violation of official
instructions, unless any such disqualification is waived by the State
committee or the Deputy Administrator;
(6) Not have been disqualified for future service because of a
determination by a State committee that during previous service as a
county committee member, alternate of any such office, or as an
employee of the county committee such person has: failed to perform the
duties of such office or employment; committed, attempted, or conspired
to commit fraud; impeded the effectiveness of any program administered
in the county; in the course of their official duties, refused to carry
out or failed to comply with the Department's policy relating to equal
opportunity and civil rights, including the equal employment policy, or
interfered with others in carrying out such policy; or violated
official instructions, unless any such disqualification is waived by
the State committee or the Deputy Administrator;
(7) Not be an employee of the U.S. Department of Agriculture during
the term of office;
(8) Not be a sales agent or employee of the Risk Management Agency
or their affiliates during the term of office;
(9) Not be serving as a county committee member with one or more
years remaining in their current term of office; and
(10) Not have served three consecutive terms as county committee
member just prior to the current election in which elected office is
sought. A member will be considered to have served a term if that
member served for a period of one and on-half years, or greater, of
that term.
Sec. 7.19 Eligibility requirements of all other personnel.
(a) The county executive director and other employees of the county
committee must not have been: dishonorably discharged from any branch
of the armed services; removed for cause from any public office; or
convicted of any fraud, larceny, embezzlement, or any other felony,
unless any such disqualification is waived by the State committee or
the Deputy Administrator.
(b) The county executive director or any other employee of the
county committee must not have been removed as a county committee
member, alternate to any such office, county executive director, or
other employee of the county committee for: failure to perform the
duties of the office; committing, attempting, or conspiring to commit
fraud; incompetence; impeding the effectiveness of any program
administered in the county; refusal to carry out or failure to comply
with the Department's policy relating to equal opportunity and civil
rights, including equal employment policy, or interfering with others
in carrying out such policy; or for violation of official instructions,
unless such disqualification is waived by the State committee or the
Deputy Administrator.
(c) The county executive director or any other employee of the
county committee must not have been disqualified for future employment
because of a determination by a State committee that during previous
service as a county committee member, alternate to any such office, or
as an employee of the county committee has: failed to perform the
duties of such office or employment; committed, attempted, or conspired
to commit fraud; impeded the effectiveness of any program administered
in the county; refused to carry out or failed to comply with the
Department's policy relating to equal opportunity and civil rights,
including the equal employment policy, or interfered with others in
carrying out such policy; or violated official instructions, unless
such disqualification is waived by the State committee or the Deputy
Administrator.
Sec. 7.20 Dual office.
A member of the county committee may not be at the same time:
[[Page 68761]]
(a) The secretary to the county committee;
(b) A member of the State committee; or
(c) County executive director or any other county office employee.
Sec. 7.21 Terms of office of county committee members.
The term of office of county committee members and alternates to
such office shall begin on a date fixed by the Deputy Administrator,
which shall be after their election. Before any such county committee
members or alternates to the county committee may take office as a
county committee member, such person shall sign an oath of office
pledge that they will faithfully, fairly, and honestly perform to the
best of their ability all of the duties devolving on them as committee
members. A term of office shall continue until a successor is elected
and qualified as provided in Sec. Sec. 7.8 and 7.9.
Sec. 7.22 State committee duties.
The State committee, subject to the general direction and
supervision of the Deputy Administrator, shall be generally responsible
for carrying out in the State all farm programs and farm loan programs
or any other functions assigned by the Secretary or a designee of the
Secretary.
Sec. 7.23 County committee duties.
(a) The county committee, subject to the general direction and
supervision of the State committee shall be generally responsible for
carrying out in the county, farm programs and any other program or
function assigned by the Secretary or a designee of the Secretary.
(b) The county committee shall:
(1) Employ the county executive director, subject to standards and
qualifications furnished by the State committee except that incumbent
directors shall not be removed other than in accordance with the
provisions of Sec. 7.28 of this part. There shall be no employment
discrimination due to race, color, national origin, gender, religion,
age, disability, political beliefs, sexual orientation, or marital or
family status. The county executive director may not be removed for
advocating or carrying out the Department's policy on equal opportunity
and civil rights, including the equal employment policy. In the event
it is claimed that dismissal is for such reasons, the dismissal shall
not become effective until the State committee and the Deputy
Administrator have determined that dismissal was not because of such
reasons;
(2) Direct outreach activities to reach and inform socially
disadvantaged producers of all programs and county committee election
processes;
(3) Pursuant to official instructions, review, approve, and certify
forms, reports, and documents requiring such action in accordance with
such instructions;
(4) Recommend to the State committee needed changes in boundaries
of local administrative areas;
(5) Make available to farmers and the public, information
concerning the objectives and operations of the programs administered
through the county committee;
(6) Make available to agencies of the Federal Government and others
information with respect to the county committee activities in
accordance with official instructions issued;
(7) Give public notice of the designation and boundaries of each
local administrative area within the county prior to the election of
county committee members;
(8) Direct the giving of notices in accordance with applicable
regulations and official instructions;
(9) Recommend to the State committee desirable changes in or
additions to existing programs;
(10) Conduct such hearings and investigations as the State
committee may request; and
(11) Perform such other duties as may be prescribed by the State
committee.
Sec. 7.24 Chairperson of the county committee duties.
The chairperson of the county committee or the person acting as the
chairperson shall preside at meetings of the county committee, certify
such documents as may require the chairperson's certification, and
perform such other duties as may be prescribed by the State committee.
Sec. 7.25 County executive director duties.
(a) The county executive director shall execute the policies
established by the county committee and be responsible for the day-to-
day operations of the county office.
(b) The county executive director shall:
(1) In accordance with standards and qualifications furnished by
the State committee, employ the personnel of the county office. There
shall be no employment discrimination due to race, color, national
origin, gender, religion, age, disability, political beliefs, sexual
orientation, and marital or family status. An employee may not be
removed under this paragraph for advocating or carrying out the
Department's policy on equal opportunity and civil rights, including
the equal employment policy. In the event it is claimed that the
dismissal is for such reason, the dismissal shall not become effective
until the State committee and the Deputy Administrator have determined
that dismissal was not because of such reason;
(2) Receive, dispose of, and account for all funds, negotiable
instruments, or property coming into the custody of the county
committee;
Sec. 7.26 Private business activity and conflicts of interest.
(a) No county committee member, alternate to any such office, or
county office employee shall at any time use such office or employment
to promote any private business interest.
(b) County committee members, alternates, and any person employed
in the county office shall be subject to the official instructions
issued with respect to conflicts of interest and proper conduct.
Sec. 7.27 Political activity.
Permitted and prohibited political activities, with respect to any
State committee member, county committee member, county executive
director, or any other county employee, shall be determined in
accordance with applicable policies specified in FSA handbooks and
directives.
Sec. 7.28 Removal from office or employment for cause.
Adverse personnel actions involving any county committee member,
county executive director, or any other county employee will be taken
in accordance with applicable policies specified in FSA handbooks and
directives.
Sec. 7.29 Delegation of authority to Deputy Administrator.
Notwithstanding the authority vested by this part in a State
committee, a county committee, and the county executive director, the
Deputy Administrator shall have authority to suspend and/or remove or
disqualify for future service or employment, any county committee
member, county executive director, or other county employee, for any
and all of the reasons and causes authorizing such suspension, removal,
and disqualification by the State committee, the county committee, or
the county executive director. Any person suspended, removed or
disqualified pursuant to this section shall be given a written
statement of the reason for such action and shall be advised of the
right of review.
[[Page 68762]]
Sec. 7.30 Custody and use of books, records, and documents.
(a) All books, records, and documents of or used by the county
committee in the administration of programs assigned to it, or in the
conduct of elections, shall be the property of the Commodity Credit
Corporation or the United States Department of Agriculture, as
applicable, and shall be maintained in good order in the county office.
(b) For polling and mail-type elections, voted ballots shall be
placed into and remain in sealed containers, such containers not being
opened until the prescribed date and time for counting. Following the
counting of ballots in all types of elections, the ballots shall be
placed in sealed containers and retained for 1 year unless otherwise
determined by the Deputy Administrator.
(c) The books, records, and documents referred to in paragraph (a)
of this section shall be available for use and examination:
(1) At all times by authorized representatives of the Secretary;
the Administrator, or a designee of the Administrator.
(2) By state and county committee members, and authorized employees
of the State and county office in the performance of duties assigned to
them under this part, subject to instructions issued by the Deputy
Administrator;
(3) At any reasonable time to any program participant insofar as
such person's interests under the programs administered by the county
committee may be affected, subject to instructions issued by the Deputy
Administrator; and
(4) To any other person only in accordance with instructions issued
by the Deputy Administrator.
Sec. 7.31 Administrative operations.
The administrative operations of county committees including but
not limited to the following, shall be conducted, except as otherwise
provided in these regulations, in accordance with official instructions
issued: annual, sick, and other types of employee leave; the calling,
and conduct of elections; and the maintenance of records of county
committee meetings.
Sec. 7.32 Implementation.
Unless specifically provided in this part, the Deputy
Administrator, Field Operations, FSA, is authorized to issue the
instructions and procedures referred to herein which implement the
provisions of this part.
Sec. 7.33 Applicability.
This part shall apply to the United States, its territories, and
Puerto Rico.
Sec. 7.34 Retention of authority.
Nothing in this part shall preclude the Secretary, the
Administrator, or the Deputy Administrator from administering any or
all programs, or exercising other functions delegated to the county
committee, State committee, or any employee of such committees. In
exercising this authority, the Secretary, the Administrator, or the
Deputy Administrator may designate for such period of time as deemed
necessary a person or persons of their choice to be in charge with full
authority to carry on the programs or other functions without regard to
the normal duties of such committees or employees.
Signed at Washington, DC November 17, 2006.
Chuck Connor,
Acting Secretary of Agriculture.
[FR Doc. E6-20052 Filed 11-27-06; 8:45 am]
BILLING CODE 3410-05-P