510.80 Purpose. 



Subpart H - Appeals 



SUBPART H - APPEALS 



510.82(a) 



Appeal procedures provide a mechanism for reviewing 

 disapprovals of a consexrvation plan by a conservation 

 district or of technical FSA determinations or assistance by 

 SCS. The purpose of an appeal is to determine if technical 

 decisions were correctly made and if the rule was properly 

 interpreted and applied in a specific situation. Appeal 

 procedures are published in the Code of Federal Regulations 

 7 CFR 614. 



510.81 Determinations sxibject to reconsideration and 

 appeal. 



(a) The following determinations are subject to 

 reconsideration and appeal: 



(1) Highly erodible land determinations; 



(2) Wetland determinations; 



(3) Disapproval of a conservation plan or system; 



(4) Improper use of SCS's policy and procedures in 

 developing the conservation plan (e.g., not presenting 

 alternatives for erosion control treatment to the person) ; 



(5) CRP determinations; and 



(6) SCS determinations of "not actively applying 

 the approved conservation plan" and SCS determinations of 

 "not using an approved conservation system." 



510.82 Requirements for appeals. 



(a) A determination or decision on a tract of land is 

 made as a result of a request for FSA compliance purposes on 

 a fully executed Form AD-1026 or other official USDA 

 application form. 



510-59 

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



