CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER VI—NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE (parts 600 to 663) > SUBCHAPTER B—CONSERVATION OPERATIONS (parts 610 to 614) > PART 614—NRCS APPEAL PROCEDURES > 614.4—Decisions not subject to appeal.

614.4—Decisions not subject to appeal.

(a) Decisions that are not appealable under this part include:
(1) Any general program provision, program policy, or any statutory or regulatory requirement that is applicable to all similarly situated participants, such as:
(i) Program application ranking criteria;
(ii) Program application screening criteria
(iii) Published soil surveys; or
(iv) Conservation practice technical standards included in the local field office technical guide or the electronic FOTG (eFOTG).
(2) Mathematical or scientific formulas established under a statute or program regulation and a program decision or technical determination based solely on the application of those formulas;
(3) Decisions made pursuant to statutory provisions or implementing regulations that expressly make agency program decisions or technical determinations final;
(4) Decisions on equitable relief made by a State Conservationist or the Chief pursuant to Section 1613 of the Farm Security and rural Investment Act of 2002, 7 U.S.C. 7996 ;
(5) Disapproval or denials of assistance due to lack of funding or lack of authority;
(6) Decisions that are based on technical information provided by another federal or State agency, e.g., lists of endangered and threatened species; or
(7) Corrections by NRCS of errors in data entered on program contracts, easement documents, loan agreements, and other program documents.
(b) Complaints involving discrimination in program delivery are not appealable under this part and are handled under the existing USDA civil rights rules and regulations.
(c) Appeals related to contractual issues that are subject to the jurisdiction of the Agriculture Board of Contract Appeals are not appealable under the procedures within this part.
(d) Enforcement actions under conservation easement programs administered by NRCS.