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Conservation Program Appeals

Definition of an Appeal

An appeal is a written request by an NRCS or USDA applicant or participant of any technical determination or decision made by the agency that an applicant or participant might consider to be adverse to their interests. The decisions may include any of the following examples:

  • Highly Erodible Land Determinations
  • Wetland Determinations or Violations
  • Conservation Program Eligibility
  • Conservation Program Contract Violations
  • Easement Violations
  • Non-Compliance with Regulations
  • Other Program Issues

Appeal Requirements

Any person that receives an adverse technical determination or decision from NRCS must be given rights to appeal the decision. This authority, as set forth in Title II of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, 7 U.S.C. 6995 (Public Law 103-354), and 7 Code of Federal Regulations (CFR) 614, provides the NRCS appeals process.  The following are the required appeal rights that must be offered by NRCS when issuing an adverse technical determination or program decision.

Preliminary Technical Determinations:
  • Field review for reconsideration to the local Designated Conservationist in the county where the determination has been made.
  • Reconsideration by the NRCS State Conservationist.
  • Mediation.
  • Request for Expedited Finality.
Final Technical Determinations or Program Decisions:
  • Appeal to the FSA County Committee or the NRCS State Conservationist for Title XII conservation program final technical determinations or program decisions.
  • Appeal to the NRCS State Conservationist for non-Title XII conservation program final technical determinations or program decisions.
  • Mediation, if not previously offered in the preliminary phase of the technical determination.
  • Appeal to the National Appeals Division (NAD).

Selected Links

These documents require Adobe Acrobat IconAdobe Acrobat or Windows Media Player icon Windows Media Player.

Adobe Acrobat DocumentNAD Hearing Officer's Guide (1.10 MB)
Adobe Acrobat Document FSA Final Appeals Regulation 7 CFR 780 May 30, 2006 (79 KB) New!
Adobe Acrobat Document FSA Interim Final Appeals 7 CFR 780 July 27, 2005(87 KB) New!
Adobe Acrobat Document NRCS Interim Final Appeals Regulation 7 CFR 614 May 16, 2006(92 KB) New!
Windows Media Player fileDecision Making Net Meeting, June 6, 2005 (42,652.24 KB)
Windows Media Player file Conservation Program Appeals Net Meeting, June 21, 2005 (64,466.32 KB)
Windows Media Player file Equitable Relief Net Meeting, June 28, 2005 (30,148.87 KB)
Windows Media Player file Appeals Overview, Avoiding Major Pitfalls, and Future Tools/Training Availability, July 17, 2007 (10,338 KB) New!
Windows Media Player file NRCS Appeal Process: Technical Determination or Program Decision?, July 24, 2007 (5,050 KB) New!
Windows Media Player file Equitable Relief from Program Violations July 31, 2007 (5,690 KB) New!

Program Contact

Beth Schuler, 615-646-9741