[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: 7CFR614.4]

[Page 418-419]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 614_NRCS APPEAL PROCEDURES--Table of Contents
 
Sec. 614.4  Decisions not subject to appeal.

    (a) Decisions that are not appealable under this part include:
    (1) Any general program provision, program policy, or any statutory 
or regulatory requirement that is applicable to all similarly situated 
participants, such as:
    (i) Program application ranking criteria;
    (ii) Program application screening criteria
    (iii) Published soil surveys; or
    (iv) Conservation practice technical standards included in the local 
field office technical guide or the electronic FOTG (eFOTG).
    (2) Mathematical or scientific formulas established under a statute 
or program regulation and a program decision or technical determination 
based solely on the application of those formulas;

[[Page 419]]

    (3) Decisions made pursuant to statutory provisions or implementing 
regulations that expressly make agency program decisions or technical 
determinations final;
    (4) Decisions on equitable relief made by a State Conservationist or 
the Chief pursuant to Section 1613 of the Farm Security and rural 
Investment Act of 2002, 7 U.S.C. 7996;
    (5) Disapproval or denials of assistance due to lack of funding or 
lack of authority;
    (6) Decisions that are based on technical information provided by 
another federal or State agency, e.g., lists of endangered and 
threatened species; or
    (7) Corrections by NRCS of errors in data entered on program 
contracts, easement documents, loan agreements, and other program 
documents.
    (b) Complaints involving discrimination in program delivery are not 
appealable under this part and are handled under the existing USDA civil 
rights rules and regulations.
    (c) Appeals related to contractual issues that are subject to the 
jurisdiction of the Agriculture Board of Contract Appeals are not 
appealable under the procedures within this part.
    (d) Enforcement actions under conservation easement programs 
administered by NRCS.