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

6. Type of ReliefBasic Provisions Misaction/ Misinformation —(Acting in Good Faith)  An error was made by a program participant, but the error was the result of the detrimental, good faith reliance of the participant on an error made by NRCS.  There was no misrepresentation by the participant.  The participant had no reason to know there was an error.  The error caused a failure by the participant to meet the requirements of the applicable program.

7. Failure to Fully Comply— (Good Faith Effort)  NRCS did not make an error that caused the failure of the participant to fully comply with the requirements of the applicable program.  An error was made by the participant so that he or she did not meet the requirements of the applicable program, but the participant made a good faith effort to fully comply. Type of Relief Basic Provisions

8. Covered Programs Covered program means 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. Covered Programs 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. The total amount of equitable relief to an NRCS conservation program participant shall not exceed $20,000. The total amount of equitable relief to an NRCS conservation program participant shall not exceed $20,000. Limitations

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

13. 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. 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. Limitations

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. 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. The reinstatement of expired or terminated program application and/or contract.

15. 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 Exclusions

16. Forms of Equitable Relief Retention payments or other benefits. Retention payments or other benefits. Continued participation in the conservation program, either in whole or in part. 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. 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. 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. 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. 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. Revision of the conservation plan or conservation system to be implemented.

18. Remedial Actions May Be Required Revision of the operation and maintenance plan. Revision of the operation and maintenance plan. Remediation shall be commensurate with the overall conservation program provisions, purposes, and functions. 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). 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. 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. 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. 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 Additional training Revising office procedure Revising office procedure Other action, as needed, and if warranted 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. 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.Section 1613(g)Section 1613(g) This report is to be submitted by no later than February 1 of each calendar year. 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 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 beth.schuler@usda.gov