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Equitable ReliefIntroductionThe Farm Security and Rural Investment Act of 2002, Public Law 107-171, Section 1613 (2002 Farm Bill) has set forth provisions where NRCS program participants, as defined at Section 1613(a)(3), may apply for equitable relief when a determination of non-compliance with a covered conservation program requirement has been issued. Equitable Relief EQIP Rule
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Adobe Acrobat Reader Equitable Relief Definitions
RequirementsIn order for a NRCS conservation program participant to be eligible for any form of equitable relief for any covered program benefit, the participant must have either:
Prevailing AuthoritySection 1613 of the 2002 Farm Bill, (the Farm Security and Rural Investment Act of 2002), Public Law 107-171, May 13, 2002. Limitations to Providing Equitable ReliefThe total amount of equitable relief for all loans, payments, and benefits for which relief may be provided to an NRCS conservation program participant shall not exceed $20,000. In addition, the following limitations also apply:
Exclusions to the Equitable Relief ProvisionsNRCS program participants are not eligible for any type of equitable relief from the following:
Forms of Equitable ReliefThose USDA program participants seeking equitable relief from covered program requirements include the following:
Remedial Actions RequiredIn return for granting a USDA conservation program participant's request for equitable relief, NRCS may require that the conservation program participant take remedial actions to correct the failure to comply fully with the conservation program provisions. This may include, but is not limited to the following actions:
Approval Authority with OGC ConsultationIn granting a request for equitable relief, the State Conservationist is not required to obtain prior approval from the Chief of NRCS. The State Conservationist shall only grant a covered NRCS conservation program participant's request for equitable relief after consultation with and approval by the appropriate Office of the General Counsel (OGC). All requests for equitable relief for a covered NRCS conservation program participant shall be submitted in writing, with the following information submitted by the program participant:
Other AuthorityThe authority delegated to the State Conservationist for granting requests for equitable relief is in addition to any other applicable authorities in the administration of USDA conservation programs. This provision does not limit the State Conservationist's authority to grant waivers to specific conservation programs as provided by that program. The authority provided under Section 1613 of the 2002 Farm Bill is in addition to any other authority provided by any other authority. Judicial ReviewThe authority to grant or deny a USDA program participant's request for equitable relief of non-compliance in a covered conservation program is final. The State Conservationist's final decision is not subject to Judicial Review under Chapter 7 of Title 5 of the United States Code. A State Conservationist's final decision to grant or deny a request for equitable relief is subject to review and reversal only by the Secretary, USDA, who may not delegate that authority. Program ContactBeth Schuler, 615-646-9741 |
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