Conservation Program Appeals

Definition of an Appeal

An appeal is a written request by an NRCS or USDA applicant or participant of any technical determination or decision made by the agency that an applicant or participant might consider to be adverse to their interests.  The decisions may include any of the following examples:

• Highly Erodible Land Determinations
• Wetland Determinations or Violations
• Conservation Program Eligibility
• Conservation Program Contract Violations
• Easement Violations
• Non-Compliance with Regulations
• Other Program Issues

Appeal Requirements

Any person that receives an adverse technical determination or decision from NRCS must be given rights to appeal the decision.  This authority, as set forth in Title II of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, 7 U.S.C. 6995 (Public Law 103-354), and 7 Code of Federal Regulations (CFR) 614, provides two "paths" for the NRCS informal processes, as follows:

Appeals of Conservation Provisions authorized under Title XII of the Food Security Act of 1985, as amended, 16 U.S.C. 3801, et. seq.  The following programs are considered to be "Title XII" conservation programs:

Conservation Reserve Program  (CRP)
Conservation of Private Grazing Lands  (CPGL)
Conservation Security Program  (CSP)
Environmental Quality Incentives Program  (EQIP)**
Farmland Protection Program  (FPP)
Grassland Reserve Program  (GRP)
Highly Erodible Land Conservation  (HEL)
Watershed Protection and Flood Prevention Program   (WPFPP)  Long Term Contracts
Wetland Conservation  (WC)
Wetland Reserve Program  (WRP)
Wildlife Habitat Incentives Program  (WHIP)

**Note, the four previously authorized programs that were replaced by EQIP are appealable under the Title XII program appeal provisions.  These programs include:

Agricultural Conservation Program  (ACP)
Colorado River Salinity Control Program  (CRSCP)
Great Plains Conservation Program  (GPCP)
Water Quality Incentives Program  (WQIP)

Appeals of Conservation Provisions authorized under other Acts.  The following programs are not considered to be "Title XII" conservation programs:

Conservation Technical Assistance  (CTA)
Emergency Watershed Program  (EWP)
Forestry Incentives Program  (FIP)**
Resource Conservation and Development Program  (RC&D) Long Term Contracts
Soil and Water Conservation Assistance  (SWCA)

**Note, FIP has been transferred to the US Forest Service effective with the 2002 Farm Bill.  Contracts appealable under the provisions set forth in 7 CFR 614 or 7 CFR 11 are those approved prior to May 13, 2002.

The following are links to NRCS Appeals and Mediation Policy as well as to the National Appeals Division (NAD), NRCS, and Farm Service Agency (FSA) appeals regulations:

General Appeals Policy
NRCS Title XII Program Appeals Policy
NRCS Non-Title XII Program Appeals Policy
NRCS Mediation Policy
NRCS Appeals and NAD
NRCS Appeals Letters and Documentation
State Certified Agricultural Mediation Program

These documents require Adobe Acrobat.

NAD Appeals Regulation
NRCS Appeals Regulation
FSA Appeals Regulation
 

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