[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR614.3]

[Page 418]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 614_NRCS APPEAL PROCEDURES--Table of Contents
 
Sec. 614.3  Decisions subject to informal appeal procedures.

    (a) This part applies to NRCS adverse program decisions and 
technical determinations made with respect to:
    (1) Conservation programs and regulatory requirements authorized 
under Title XII, including:
    (i) Conservation Security Program;
    (ii) Conservation Reserve Program and the Conservation Reserve 
Enhancement Program;
    (iii) Environmental Quality Incentives Program;
    (iv) Farm and Ranch Lands Protection Program;
    (v) Grassland Reserve Program;
    (vi) Highly Erodible Land Conservation;
    (vii) Wetland Conservation;
    (viii) Wetlands Reserve Program;
    (ix) Wildlife Habitat Incentives Program; and
    (x) Conservation Innovation Grants.
    (2) Non-Title XII conservation programs or provisions, including:
    (i) Agriculture Management Assistance Program;
    (ii) Emergency Watershed Protection Program;
    (iii) Soil and Water Conservation Program;
    (iv) Water Bank Program;
    (v) Watershed Protection and Flood Prevention Program; and
    (vi) Healthy Forest Reserve Program.
    (3) Any other program to which this part is made applicable.
    (b) With respect to matters identified in paragraph (a) of this 
section, participants may appeal adverse decisions concerning:
    (1) Denial of participation in a program;
    (2) Compliance with program requirements;
    (3) Issuance of payments or other program benefits to a participant 
in a program;
    (4) Technical determinations made under Title XII;
    (5) Technical determinations or program decisions that affect a 
participant's eligibility for USDA program benefits;
    (6) The failure of an official of NRCS to issue a technical 
determination or program decision subject to this part; and
    (7) Incorrect application of general policies, statutory or 
regulatory requirements.
    (c) Only a participant directly affected by a program decision or a 
technical determination made by NRCS may invoke the informal appeal 
procedures contained in this part.
    (d) Appeals of adverse final technical determinations and program 
decisions subject to this part are also covered by the NAD rules of 
procedure, set forth at 7 CFR part 11, and by the FSA county committee 
appeals process, set forth at 7 CFR part 780, for informal appeals of 
Title XII decisions.