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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
or
Windows Media Player.
NAD
Hearing Officer's Guide (1.10 MB)
FSA Final Appeals Regulation 7 CFR 780 May 30, 2006 (79 KB)
New!
FSA Interim Final Appeals 7 CFR 780 July 27, 2005(87 KB)
New!
NRCS Interim Final Appeals Regulation 7 CFR 614 May 16, 2006(92 KB)
New!
Decision Making Net Meeting, June
6, 2005 (42,652.24 KB)
Conservation Program Appeals Net Meeting, June 21, 2005 (64,466.32 KB)
Equitable Relief Net Meeting,
June 28, 2005 (30,148.87 KB)
Appeals Overview, Avoiding Major Pitfalls, and Future Tools/Training Availability,
July 17, 2007 (10,338 KB)
New!
NRCS Appeal Process: Technical Determination or Program Decision?,
July 24, 2007 (5,050 KB)
New!
Equitable Relief from Program Violations July 31, 2007 (5,690 KB)
New!
Program Contact
Beth Schuler, 615-646-9741
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