[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Proposed Rules]
[Pages 68755-68762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20052]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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 

  Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / 
Proposed 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.

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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: 
[email protected].
     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 [email protected]. 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/FSA/webapp?area=newsroom&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