---
kind: "section"
citation: "7 C.F.R. § 636.16"
title: "7"
number: "636.16"
heading: "Appeals."
url: "https://uscodex.org/cfr/7/636.16"
---

# §636.16. Appeals.

- (a) Any participant may obtain reconsideration and review of determinations affecting participation in this program in accordance with 7 CFR parts [11](/cfr/7/part11.md) and [614](/cfr/7/part614.md), except as provided in [paragraph (b)](#b) of this section.
- (b) In accordance with the provisions of the Department of Agriculture Reorganization Act of 1994, Public Law 103-354 ([7 U.S.C. 6901](/usc/7/6901.md)), the following decisions are not appealable:
  - (1) Payment rates, payment limits, and cost-share percentages;
  - (2) The designation of approved fish and wildlife priority areas, habitats, or activities;
  - (3) NRCS program funding decisions;
  - (4) Eligible conservation activities; and
  - (5) **Other matters of general applicability.**
- (c) Before a participant may seek judicial review of any action taken under this part, the participant must exhaust all administrative appeal procedures set forth in [paragraph (a)](#a) of this section.

## Notes

### Authority

Authority: 16 U.S.C. 3839bb-1.

### Source

Source: 75 FR 71338, Nov. 23, 2010, unless otherwise noted.