Part 510 - General Operating Procedures 



510.82(b) 



i' 



(b) The determination or decision being appealed must 

 have been a CRP determination, a decision using Form 

 SCS-CPA-026, decisions regarding planning procedures and 

 documents, or decisions regarding the person's lack of 

 adequate performance in actively applying the approved 

 conservation plan and/or an approved conservation system. 



(c) The determination or decision must have actual or 

 potential adverse effect on the person who files the appeal. 

 Actual or potential adverse effect occurs when: 



(1) The person has been denied participation in 

 one or more USDA programs; or 



(2) The determinations and/or decisions made may 

 result in the person's being denied participation in USDA 

 programs. Where a determination is made that the subject 

 lands are HEL or converted wetlands, it is not necessary for 

 the person to complete the conversion and/or plant an 

 agricultural commodity and be denied USDA benefits in order 

 to be considered adversely affected. The fact that such 

 determinations are made or conservation plans were not 

 approved will be considered adverse effects; 



(d) Only the person that is adversely affected by the (^ 

 determination or decision can appeal; and 



(e) All appeals and/or requests for reconsideration 

 shall be in writing and shall state the reason for the 

 request. The person is to provide records, evidence, 

 pictures, and supporting statements for the appeal and 

 requested reconsideration. The district conservationist 

 must make a field visit on all requests for reconsideration. 



510.83 Role of line officers and staff in the appeals 

 process. 



(a) After an appeal is on record, the role of line 

 officers and staff must be in accordance with the following: 



510-60 



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



