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 D—LONG TERM CONTRACTING (parts 630 to 636) > PART 635—EQUITABLE RELIEF FROM INELIGIBILITY > 635.7—Procedures for granting equitable relief.

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 § 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.
(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.