NRCS Equitable Relief Authority

1. NRCS Equitable Relief Authority for NRCS Covered Conservation Programs

2. Conservation Program Equitable Relief Provisions, 2002 Farm Bill Section 1613 of the 2002 Farm Bill: Provides that an STC or the Chief may grant relief where a contract violation or non-compliance determination has been issued. A participant must have either:

3. Regulation and Other Info • The Equitable Relief regulation has been codified at: 7 CFR 635, published 9/21/2004 in the Federal Register • Agency Policy is in the: Conservation Programs Manual, Part 509, Equitable Relief from Ineligibility in NRCS Conservation Programs

4. Other Info, continued • Website: www.nrcs.usda.gov/program/ER/ • FSA policy is Handbook 7-CP • Mandatory Annual Reports – Coordinated with FSA at State level

5. Conservation Program Equitable Relief Provisions, 2002 Farm Bill • Acted in Good Faith is incorrectly applying the required conservation system, practice, or operation and maintenance component as directed by an NRCS employee. • Made a Good Faith Effort is a participant’s efforts at applying the required conservation system, practice, or operation and maintenance component without an intent to defraud NRCS.

8. Covered Programs • Covered programmeans a natural resource conservation program specified in § 635.3 of the rule, as follows: • Agricultural Management Assistance, (AMA); • Conservation Security Program, (CSP); • Emergency Watershed Protection, Floodplain Easement Component, (EWP-FPE);

9. CoveredPrograms • Environmental Quality Incentives, Program (EQIP); • Farm and Ranch Lands Protection Program (FRPP); • Grassland Reserve Program (GRP); • Resource Conservation and Development Program (RC&D);

10. Covered Programs • Water Bank Program (WBP); • Watershed Protection and Flood Prevention Program, (WPFPP) (long-term contracts only); • Wetlands Reserve Program (WRP); • Wildlife Habitat Incentives Program (WHIP).

11. Limitations • The total amount of equitable relief to an NRCS conservation program participant shall not exceed $20,000.

12. Limitations • A program participant who has already received $5,000 or more in relief is not eligible for any further relief.

13. Limitations • When more than one participant is affected by the same type of advice, the total amount relief provided to the similarly situated participants shall not exceed $1 million.

14. Limitations The STC’s or Chief’s authority does not apply to the following: • Cases where the participant acted on his or her own misunderstanding or misinterpretation of the applicable program provisions, notices, advice, or information. • The reinstatement of expired or terminated program application and/or contract.

15. Exclusions Equitable relief may not be provided for any of the following: • Payment Limitations • The Highly Erodible Land and Wetland Conservation Provisions • Where the action for which relief is requested occurred before May 13, 2002

16. Forms of Equitable Relief • Retention payments or other benefits. • Continued participation in the conservation program, either in whole or in part. • Re-enrollment of all or part of the land in a conservation program. • Any other form of relief that the Chief has determined to be appropriate.

17. Remedial Actions May Be Required • Repair or replacement of the damaged conservation practice, conservation system, or operation and maintenance requirements. • Purchase of additional equipment, materials, or other items that will enable the covered conservation program participant to fully comply with the program provisions. • Revision of the conservation plan or conservation system to be implemented.

18. Remedial Actions May Be Required • Revision of the operation and maintenance plan. • Remediation shall be commensurate with the overall conservation program provisions, purposes, and functions.

19. Approval, Consultation, and Review • The State Conservationist must consult with and receive approval from the appropriate Office of the General Counsel (OGC). • A State Conservationist’s final decision for equitable relief is subject to review and reversal only by the Secretary, USDA, who may not delegate that authority.

20. Approval, Consultation, and Review • This provision does not limit the State Conservationist’s authority to grant waivers to specific conservation programs as provided by that program. • The State Conservationist’s final decision is not subject to Judicial Review under Chapter 7 of Title 5 of the United States Code.

21. Preventing Future Need for Equitable Relief When a bona fide relief case occurs, corrective action shall be taken to reduce future incidence of these errors. Corrective action may include, but is not limited to, any of the following: • Additional training • Revising office procedure • Other action, as needed, and if warranted

22. Annual Reporting • The Secretary is required to provide an annual report on USDA agency activities regarding the equitable relief provisions as set forth in Section 1613(g) of the 2002 Farm Bill. • This report is to be submitted by no later than February 1 of each calendar year. • NRCS and FSA will combine their reports at the NHQ level

23. Conclusion For questions, assistance, training, etc. regarding Appeals, Appealability Reviews, Equitable Relief, or other matters, please call: Beth Schuler (615) 646-9741; Cell: (615) 415-9819; FAX: (615) 673-6705; Email: beth.schuler@usda.gov