---
kind: "section"
citation: "7 C.F.R. § 635.6"
title: "7"
number: "635.6"
heading: "Equitable relief by State Conservationists."
url: "https://uscodex.org/cfr/7/635.6"
---

# §635.6. Equitable relief by State Conservationists.

- (a) **State Conservationists' Authority.** State Conservationists have the authority to grant requests for equitable relief under this section when—
  - (1) The program matter with respect to which the relief is sought is a program matter in a covered program operated within the authorized jurisdiction of the State Conservationist;
  - (2) The total amount of relief (including payments and other benefits) that will be provided to the participant under this section during the fiscal year is less than $20,000;
  - (3) The total amount of such relief that has been previously provided to the participant using this section in the fiscal year, as calculated in [paragraph (a)(2)](#a-2) of this section, is not more than $5,000;
  - (4) The total amount of payments and benefits of any kind for which relief is provided to similarly situated participants by a State Conservationist in a fiscal year, is not more than $1,000,000.
- (b) **Additional limits on authority.** The authority provided under this section does not extend to the administration of:
  - (1) Payment limitations under [part 1400 of this title](/cfr/7/part1400.md);
  - (2) Payment limitations under a conservation program administered by the Secretary; or
  - (3) The highly erodible land and wetland conservation requirements under subtitles B or C of Title XII of the Food Security Act of 1985 ([16 U.S.C. 3811](/usc/16/3811.md) et seq.).
- (c) **Concurrence by the Office of the General Counsel.** Relief shall only be made under this part after consultation with, and concurrence by, the Office of General Counsel.
- (d) **Secretary's reversal authority.** A decision made under this part by the State Conservationist may be reversed only by the Secretary, who may not delegate that authority.
- (e) **Relation to other authorities.** The authority provided under this section is in addition to any other applicable authority that may allow relief.

## Notes

### Authority

Authority: 7 U.S.C. 7996.

### Source

Source: 80 FR 62440, Oct. 16, 2015, unless otherwise noted.