Amending Agricultural Credit Act to Reauthorize State Mediation Programs

Date: June 13, 2005
Location: Washington, DC


AMENDING AGRICULTURAL CREDIT ACT TO REAUTHORIZE STATE MEDIATION PROGRAMS -- (House of Representatives - June 13, 2005)

Mr. LUCAS of Oklahoma. Madam Speaker, I move to suspend the rules and pass the Senate bill (S. 643) to amend the Agricultural Credit Act of 1987 to reauthorize State mediation programs.

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Mr. LUCAS of Oklahoma. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I rise in strong support of S. 643. S. 643 will reauthorize USDA's Certified State Mediation Program through 2010.

The State Mediation Program provides agricultural producers and the government with the means to allow a neutral third party to settle disputes between producers and USDA instead of going through potentially costly and time-consuming court cases.

I have introduced S. 643's companion bill in the House, H.R. 1930. Since the bills are identical, it would be the most expedient thing to simply pass S. 643 so that the bill can go on to the White House for the President's signature.

What is the Certified State Mediation Program? When producers and the USDA are in disagreement regarding loans, wetlands remediation, conservation compliance, grazing, pesticides, and other issues deemed appropriate by the Secretary of Agriculture, any State with a program can allow a mediator to help solve the differences between the producers and USDA. Both sides must agree to the mediator chosen to help resolve the dispute.

Mediators can only help reach an agreement that both sides agree to abide by. The mediators are not arbitrators whose decisions are legally enforceable. The mediators work to find consensus. If the two sides involved in the dispute cannot reach agreement, they still have all the legal options available to them. States that decide to participate in the program must go through a certification process and provide 30 percent of the program's operating costs.

The program is authorized to spend up to $7.5 million per year but, in 2004, only $3,950,000 was needed to operate the program in over 30 States. The program provides a great deal of bang for the buck and has been highly successful and useful.

The USDA's Farm Service Agency, FSA, works with States to ensure that their mediation programs are meeting all required standards, and it also helps those States that are interested in becoming certified to navigate and complete the approval process. One of the most important aspects of the program is that it provides strict confidentiality for those who decide to use the mediation program.

I have a breakdown of the States that are currently certified mediation States and the amount of money they received in 2004, I am happy to make that information available to any interested Member.

I urge my colleagues to vote "yes" on S. 643 to ensure that an extremely practical and cost-efficient program continues to be utilized.

Madam Speaker, I reserve the balance of my time.

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