Reform and Modernization of the Farmers Home Administration, S. 1179: Hearing Before the Committee on Agriculture, Nutrition, and Forestry, United States Senate, One Hundredth Congress, First Session on S. 1179 ... June 9, 1987U.S. Government Printing Office, 1988 - 428 lappuses |
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accelerated acres agency appeal assets assistance Attorney Bank Berthold Reservation bill Bureau of Indian buydown Chairman Chapter 12 Cheyenne River claim for relief CLARK Congress County Supervisor court debt restructuring debt settlement deferral delinquent DUCHENEAUX economic Edward Lone Fight eligible family farm Farm Credit System farmers and ranchers Farmers Home Administration farmland filed financing FmHA borrowers FmHA loans FmHA's foreclose foreclosure Form FmHA Fort Berthold Reservation funds going guaranteed hearing impact income Indian Affairs Indian agriculture Indian borrowers Intent to Take inventory land base lease Leet legislation lenders liquidation Lone Fight market value million mortgage Nicholas Spaeth North Dakota Notice of Intent Office Oklahoma payments percent plaintiffs problems proposed ranching redemption right regulations rural Secretary Senator CONRAD Senator DASCHLE Senator MELCHER statement summary judgment Take Adverse Action testimony Three Affiliated Tribes trust land
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99. lappuse - provides in pertinent part: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall
83. lappuse - Particularly is this respect due when the administrative practice at stake 'involves a contemporaneous construction of a statute by the men charged with the responsibility of setting its machinery in motion; of making the parts work efficiently and smoothly while they are yet untried and new. 1
82. lappuse - Although this inquiry into the facts is to be searching and careful, the ultimate standard of review is a narrow one. The court is not empowered to substitute its judgment for that of the agency. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 US 402, 416 (1971).
82. lappuse - 706(2)(A) (1964 ed., Supp. V.). To make this finding the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment. (Citations
83. lappuse - application of this statutory term, we need not find that its construction is the only reasonable one or even that it is the result we would have reached had the question arisen in the first instance in judicial proceedings.
99. lappuse - hold unlawful and set aside agency action, findings, and conclusions found to be — (B) contrary to constitutional right, power, privilege, or immunity;
245. lappuse - Based on an examination and review of the foregoing information and such supplemental information attached hereto, I recommend that the approving official determine that this project will not have a significant effect on the quality of the human environment. I
99. lappuse - reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall
83. lappuse - When faced with a problem of statutory construction, this Court shows great deference to the interpretation given the statute by the officers or agency charged with its administration. "To sustain the
76. lappuse - (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.