NRCS Equitable NRCS Equitable Relief AuthorityRelief Authority

for NRCS Covered for NRCS Covered Conservation ProgramsConservation Programs

Conservation Program Conservation Program Equitable Relief Provisions, Equitable Relief Provisions,

2002 Farm Bill2002 Farm Bill

Section 1613 of the 2002 Farm Bill:Section 1613 of the 2002 Farm Bill:

Provides that an STC or the Chief Provides that an STC or the Chief may grant relief where a contract may grant relief where a contract violation or non-compliance violation or non-compliance determination has been issued. A determination has been issued. A participant must have either:participant must have either:

Regulation and Other Regulation and Other InfoInfo

The Equitable Relief regulation has The Equitable Relief regulation has been codified at: 7 CFR 635, published been codified at: 7 CFR 635, published 9/21/2004 in the Federal Register9/21/2004 in the Federal Register

Agency Policy is in the: Conservation Agency Policy is in the: Conservation Programs Manual, Part 509, Equitable Programs Manual, Part 509, Equitable Relief from Ineligibility in NRCS Relief from Ineligibility in NRCS Conservation ProgramsConservation Programs

Other Info, continuedOther Info, continued

Website: Website: www.nrcs.usda.gov/program/ER/www.nrcs.usda.gov/program/ER/

FSA policy is Handbook 7-CPFSA policy is Handbook 7-CP

Mandatory Annual Reports – Mandatory Annual Reports – Coordinated with FSA at State Coordinated with FSA at State levellevel

Conservation Program Conservation Program Equitable Relief Provisions, Equitable Relief Provisions,

2002 Farm Bill2002 Farm Bill Acted in Good FaithActed in Good Faith is incorrectly applying is incorrectly applying

the required conservation system, practice, the required conservation system, practice, or operation and maintenance component or operation and maintenance component as directed by an NRCS employee.as directed by an NRCS employee.

Made a Good Faith EffortMade a Good Faith Effort is a participant’s is a participant’s efforts at applying the required efforts at applying the required conservation system, practice, or operation conservation system, practice, or operation and maintenance component without an and maintenance component without an intent to defraud NRCS.intent to defraud NRCS.

Type of Relief Basic 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.

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

Covered ProgramsCovered 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);

CoveredCovered ProgramsPrograms

Environmental Quality Incentives, Program (EQIP);

Farm and Ranch Lands Protection Program (FRPP);

Grassland Reserve Program (GRP);

Resource Conservation and Development Program (RC&D);

Covered ProgramsCovered 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).

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

LimitationsLimitations

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

LimitationsLimitations

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

LimitationsLimitations

LimitationsLimitationsThe STC’s or Chief’s authority does not The STC’s or Chief’s authority does not

apply to the following:apply to the following: Cases where the participant acted on his Cases where the participant acted on his

or her own misunderstanding or or her own misunderstanding or misinterpretation of the applicable misinterpretation of the applicable program provisions, notices, advice, or program provisions, notices, advice, or information.information.

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

Equitable relief may Equitable relief may notnot be be provided for any of the provided for any of the following:following: Payment LimitationsPayment Limitations The Highly Erodible Land and The Highly Erodible Land and

Wetland Conservation ProvisionsWetland Conservation Provisions Where the action for which relief Where the action for which relief

is requested occurred before May is requested occurred before May 13, 200213, 2002

Exclusions Exclusions

Forms of Equitable ReliefForms of Equitable Relief

Retention payments or other benefits.Retention payments or other benefits. Continued participation in the Continued participation in the

conservation program, either in conservation program, either in whole or in part.whole or in part.

Re-enrollment of all or part of the Re-enrollment of all or part of the land in a conservation program.land in a conservation program.

Any other form of relief that the Chief Any other form of relief that the Chief has determined to be appropriate.has determined to be appropriate.

Remedial Actions May Be Remedial Actions May Be RequiredRequired

Repair or replacement of the damaged Repair or replacement of the damaged conservation practice, conservation system, conservation practice, conservation system, or operation and maintenance or operation and maintenance requirements.requirements.

Purchase of additional equipment, Purchase of additional equipment, materials, or other items that will enable materials, or other items that will enable the covered conservation program the covered conservation program participant to fully comply with the program participant to fully comply with the program provisions.provisions.

Revision of the conservation plan or Revision of the conservation plan or conservation system to be implemented.conservation system to be implemented.

Remedial Actions May Be Remedial Actions May Be RequiredRequired

Revision of the operation and Revision of the operation and maintenance plan.maintenance plan.

Remediation shall be Remediation shall be commensurate with the overall commensurate with the overall conservation program provisions, conservation program provisions, purposes, and functions.purposes, and functions.

Approval, Consultation, and Approval, Consultation, and ReviewReview

The State Conservationist must consult The State Conservationist must consult with and receive approval from the with and receive approval from the appropriate Office of the General appropriate Office of the General Counsel (OGC).Counsel (OGC).

A State Conservationist’s final decision A State Conservationist’s final decision for equitable relief is subject to review for equitable relief is subject to review and reversal only by the Secretary, and reversal only by the Secretary, USDA, who may not delegate that USDA, who may not delegate that authority.authority.

Approval, Consultation, and Approval, Consultation, and ReviewReview

This provision does not limit the State This provision does not limit the State Conservationist’s authority to grant Conservationist’s authority to grant waivers to specific conservation waivers to specific conservation programs as provided by that program. programs as provided by that program.

The State Conservationist’s final The State Conservationist’s final decision is not subject to Judicial decision is not subject to Judicial Review under Chapter 7 of Title 5 of Review under Chapter 7 of Title 5 of the United States Code.the United States Code.

Preventing Future Need for Preventing Future Need for Equitable ReliefEquitable Relief

When a bona fide relief case occurs, When a bona fide relief case occurs, corrective action shall be taken to corrective action shall be taken to reduce future incidence of these errors. reduce future incidence of these errors. Corrective action may include, but is Corrective action may include, but is not limited to, any of the following:not limited to, any of the following:

Additional trainingAdditional training Revising office procedure Revising office procedure Other action, as needed, and if Other action, as needed, and if

warrantedwarranted

Annual ReportingAnnual Reporting

The Secretary is required to provide an The Secretary is required to provide an annual report on USDA agency activities annual report on USDA agency activities regarding the equitable relief provisions regarding the equitable relief provisions as set forth in as set forth in Section 1613(g)Section 1613(g) of the of the 2002 Farm Bill.2002 Farm Bill.

This report is to be submitted by no later This report is to be submitted by no later than February 1 of each calendar year.than February 1 of each calendar year.

NRCS and FSA will combine their NRCS and FSA will combine their reports at the NHQ levelreports at the NHQ level

ConclusionConclusion

For questions, assistance, training, etc. For questions, assistance, training, etc. regarding Appeals, Appealability regarding Appeals, Appealability Reviews, Equitable Relief, or other Reviews, Equitable Relief, or other matters, please call:matters, please call:

Beth SchulerBeth Schuler(615) 646-9741; Cell: (615) 415-9819; (615) 646-9741; Cell: (615) 415-9819; FAX: (615) 673-6705; FAX: (615) 673-6705;

Email: Email: beth.schuler@usda.gov beth.schuler@usda.gov