[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: 7CFR635.6]

[Page 498-499]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 635_EQUITABLE RELIEF FROM INELIGIBILITY--Table of Contents
 
Sec. 635.6  Equitable relief by State Conservationists.

    (a) General nature of the authority. Notwithstanding provisions in 
this part providing supervision and relief authority to other officials, 
the State

[[Page 499]]

Conservationist, without further review by other officials (other than 
the Secretary), may grant relief as set forth in Sec. 635.5 to a 
participant under the provisions of Sec. 635.3 and Sec. 635.4 so long 
as:
    (1) The program matter with respect to which the relief is sought is 
a program matter in a covered program which is operated within the State 
under the control of the State Conservationist;
    (2) The total amount of relief which will be provided to the 
participant (that is, to the individual or entity that applies for the 
relief) under this authority for errors during the fiscal year is less 
than $20,000 (included in that calculation, any loan amount or other 
benefit of any kind payable for the fiscal year);
    (3) The total amount of such relief which has been previously 
provided to the participant using this authority for errors in a fiscal 
year, as calculated in paragraph (a)(2) of this section, is not more 
than $5,000;
    (4) The total amount of loans, payments, and benefits of any kind 
for which relief is provided to similarly situated participants by a 
State Conservationist for errors for a fiscal year under the authority 
provided in this section, as calculated in paragraph (a)(2), is not more 
than $1,000,000.
    (b) Additional limits on the authority. The authority provided under 
this section does not extend to the administration of:
    (1) Payment limitations under 7 CFR part 1400;
    (2) Payment limitations under a conservation program administered by 
the Secretary; or
    (3) The highly erodible land and wetland conservation requirements 
under subtitles B or C of Title XII of the Food Security Act of 1985 (16 
U.S.C. 3811 et seq.).
    (c) Relief shall only be made under this part after consultation 
with, and the approval of, the Office of the General Counsel.
    (d) Secretary's reversal authority. A decision made under this part 
by the State Conservationist may be reversed only by the Secretary, who 
may not delegate that authority.
    (e) Relation to other authorities. The authority provided under this 
section is in addition to any other applicable authority that may allow 
relief.