Sxibpart E - Detailed Procedures for Highly Erodible Land HEL 

 and Wetland Conservation Provisions 



510.44(d) (12) (i) 



(8) Any tract on which SCS determines that the person is 

 actively applying the approved conservation plan because of a 

 temporary variance granted under §510. 44(d) (6) (i) (A) 3. , 4., or 5. is 

 to have a status review in 1992. SCS may schedule followup assistance 

 prior to the status review to help the person apply the practice (s) as 

 planned and scheduled. 



(9) If either 510.44 (d) (6) (i) (A) , or (B) , is answered "No" 

 for any HEL conservation compliance field, SCS will maOce a- 

 determination of "not actively applying the approved conservation 

 plan". SCS will inform the person by letter of the determination, the 

 reason for the determination, appeal rights, and that a report of "not 

 actively applying the approved conservation plan" will be provided to 

 ASCS after appeal rights are exercised or forfeited. Copies of this 

 letter are to be provided to the conservation district, and as 

 appropriate to FmHA and FCIC. See §516.15 for a sample letter. 



(10) If the tract being reviewed contains HEL fields subject 

 to sodbuster provisions an additional determination of "using or not 

 using an approved conservation system" is required. If the person is 

 not using an approved conservation system inform the person by letter 

 as specified in paragraph 9 above, but indicate a report of "not using 

 an approved conservation system" will be provided to ASCS. Distribute 

 copies of letter as specified in paragraph (9). See §516.16 for a 

 sample letter. 



(11) After SCS has informed a person by letter that SCS has 

 determined that the person is "not actively applying the approved 

 conservation plan" or "not using an approved conservation system" on 

 one or more tracts, SCS will ask the ASCS County Office to issue a 

 Form ASCS-569 to SCS for the tract (s) and person (s) involved. This 

 provides SCS with a specific document to inform ASCS of the final 

 determination at the appropriate time, and provides the ASCS office 

 with notice that the person is potentially not actively applying the 

 approved conservation plan and/or not using an approved conservation 

 system. §510.52 gives detailed guidance on SCS use of Form ASCS-569. 



(12) When the appeal process has been completed, SCS will use 

 Form ASCS-569 to report to ASCS a final determination. The appeal 

 process is completed when: 



(i) The person has not made an initial appeal within 45 

 days of receipt of the determination notification, or 



510-29 

 (180-V-NFSAM, Second Ed., Amend. 6, May 1991) 



