---
kind: "section"
citation: "7 C.F.R. § 614.3"
title: "7"
number: "614.3"
heading: "Decisions subject to informal appeal procedures."
url: "https://uscodex.org/cfr/7/614.3"
---

# §614.3. Decisions subject to informal appeal procedures.

- (a) This part applies to NRCS adverse program decisions and technical determinations made with respect to:
  - (1) **Conservation programs and regulatory requirements authorized under Title XII, including—**
    - (i) Conservation Security Program;
    - (ii) Conservation Stewardship Program;
    - (iii) Conservation Reserve Program and the Conservation Reserve Enhancement Program;
    - (iv) **Environmental Quality Incentives Program, including the following—**
      - (A) Agricultural Water Enhancement Program,
      - (B) Conservation Activity Plans,
      - (C) Colorado River Basin Salinity Control,
      - (D) Conservation Innovation Grants,
      - (E) Ground and Surface Water Conservation Program,
      - (F) Klamath Basin Program, and
      - (G) Organic Program Initiative;
    - (v) Farm and Ranch Land Protection Program;
    - (vi) Grassland Reserve Program;
    - (vii) Highly Erodible Land Conservation;
    - (viii) Wetland Conservation;
    - (ix) Wetlands Reserve Program and Wetlands Reserve Enhancement Program; and
    - (x) **Wildlife Habitat Incentive Program.**
  - (2) **Non-Title XII conservation programs or provisions, including—**
    - (i) Agriculture Management Assistance Program;
    - (ii) Emergency Watershed Protection Program including Flood Plain Easements;
    - (iii) Great Lakes Restoration Initiative;
    - (iv) Healthy Forest Reserve Program;
    - (v) Water Bank Program;
    - (vi) Watershed Protection and Flood Prevention Program; and
  - (3) **Any other program to which this part is made applicable.**
- (b) With respect to matters identified in [paragraph (a)](#a) of this section, participants may appeal adverse decisions concerning:
  - (1) Denial of participation in a program;
  - (2) Compliance with program requirements;
  - (3) Issuance of payments or other program benefits to a participant in a program;
  - (4) Technical determinations made under Title XII HELC/WC provisions;
  - (5) Technical determinations or program decisions that affect a participant's eligibility for USDA program benefits;
  - (6) The failure of an NRCS official issue a technical determination or program decision subject to this part (“failure to act”); and
  - (7) **Incorrect application of general policies, statutory or regulatory requirements.**
- (c)
  - (1) Only a participant directly affected by a program decision or a technical determination made by NRCS may invoke the informal appeal procedures contained in this part.
  - (2) In order for the appeal request to be effective, the participant must personally make a written request for appeal that is signed by the participant identified in [paragraph (c)(1)](#c-1) no later than 30 days after receipt of the adverse decision.
- (d) Appeals of adverse final technical determinations and program decisions subject to this part are also covered by the NAD rules of procedure, set forth at [7 CFR part 11](/cfr/7/part11.md), and by the FSA county committee appeals process, set forth at 7 CFR parts [11](/cfr/7/part11.md) and [780](/cfr/7/part780.md) for informal appeals of Title XII decisions.

## Notes

### Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 6932 and 6995; and 16 U.S.C. 3822(a).

### Source

Source: 77 FR 34190, June 11, 2012, unless otherwise noted.