[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: 7CFR614.7]

[Page 419-420]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 614_NRCS APPEAL PROCEDURES--Table of Contents
 
Sec. 614.7  Preliminary technical determinations.

    (a) A preliminary technical determination becomes final 30 days 
after the participant receives the decision, unless the participant 
files an appeal with the appropriate NRCS official as indicated in the 
decision notice requesting:
    (1) Reconsideration with a field visit in accordance with paragraphs 
(b) and (c) of this section; or
    (2) Mediation as set forth in Sec. 614.11.
    (b) If the participant requests reconsideration with a field visit, 
the designated conservationist, participant, and, at the option of the 
conservation district, a district representative will visit the subject 
site for the purpose of gathering additional information and discussing 
the facts relating to the preliminary technical determination. The 
participant may also provide any additional documentation to the 
designated conservationist. Within 15 days of the field visit, the 
designated conservationist, based upon the agency record as supplemented 
by the field visit and any participant submissions, will reconsider his 
or her preliminary technical determination. If the reconsidered 
determination is no longer adverse

[[Page 420]]

to the participant, the designated conservationist issues the 
reconsidered determination as a final technical determination. If the 
preliminary technical determination remains adverse, then the designated 
conservationist will forward the revised decision and agency record to 
the State Conservationist for a final determination pursuant to 
paragraph (c) of this section, unless further appeal is waived in 
writing by the participant in accordance with paragraph (d) of this 
section.
    (c) The State Conservationist will issue a final technical 
determination to the participant as soon as is practicable after 
receiving the reconsideration and agency record from the designated 
conservationist. The technical determination issued by the State 
Conservationist becomes a final NRCS decision upon receipt by the 
participant. Receipt triggers the running of the 30 day appeal period to 
NAD, or, if applicable, to the FSA county committee.
    (d) In order to address resource issues on the ground immediately, a 
participant may waive, in writing to the State Conservationist, appeal 
rights so that a preliminary technical decision becomes final before the 
expiration of the 30 day appeal period.