[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: 7CFR635.7]

[Page 499-500]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 635_EQUITABLE RELIEF FROM INELIGIBILITY--Table of Contents
 
Sec. 635.7  Procedures for granting equitable relief.

    (a) Application for equitable relief by covered program 
participants. For the purposes of this part, the following conservation 
programs administered by NRCS are identified as ``covered programs'':

(1) Agricultural Management Assistance (AMA);
(2) Conservation Security Program (CSP);
(3) Emergency Watershed Protection, Floodplain Easement Component (EWP-
    FPE);
(4) Environmental Quality Incentives Program (EQIP);
(5) Farm and Ranch Lands Protection Program (FRPP);
(6) Grassland Reserve Program (GRP);
(7) Resource Conservation and Development Program (RC&D);
(8) Water Bank Program (WBP);
(9) Watershed Protection and Flood Prevention Program, (WPFPP) (long-
    term contracts only);
(10) Wetlands Reserve Program (WRP);
(11) Wildlife Habitat Incentives Program (WHIP);
(12) Any other conservation program administered by NRCS which 
    subsequently incorporates these procedures within the program 
    regulations or policies.

    (b) Participants may request equitable relief from the Chief or the 
State Conservationist with respect to:
    (1) Reliance on the actions or advice of an authorized NRCS 
representative; or
    (2) Failure to fully comply with the program requirements but made a 
good faith effort to comply.
    (c) Only a participant directly affected by the non-compliance with 
the covered program requirements may seek equitable relief under Sec. 
635.6.
    (d) Requests for equitable relief must be made in writing, no later 
than 30 calendar days from the date of receipt of the notification of 
non-compliance with the requirements of the covered conservation 
program.

[[Page 500]]

    (e) Requests for equitable relief shall include the following 
information:
    (1) The reason why the participant was unable to comply with the 
requirements of the conservation program;
    (2) Details regarding how much of the required action had been 
completed;
    (3) Why the participant did not have sufficient reason to know that 
the action or information relied upon was improper or erroneous;
    (4) Whether the participant did not act in reliance on their own 
misunderstanding or misinterpretation of the conservation program 
provisions, notices, or information; and
    (5) Any other pertinent facts or supporting documentation.