7 C.F.R. § 780.11

Appeals of NRCS determinations

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(a) Notwithstanding any other provision of this part, a determination of NRCS issued to a participant pursuant to Title XII of the Food Security Act of 1985, as amended, including a wetland determination, may be appealed to the county committee in accordance with the procedures in this part.

(b) If the county committee hears the appeal and believes that the challenge to the NRCS determination is not frivolous, the county committee shall refer the case with its findings on other issues to the NRCS State Conservationist to review the determination, or may make such a referral in advance of resolving other issues.

(c) A decision of the county committee not to refer the case with its findings to the NRCS State Conservationist may be appealed to the State Committee.

(d) The county or State committee decision must incorporate, and be based upon, the results of the NRCS State Conservationist's review and subsequent determination.

Notes of Decisions

Cited in 2 cases, 2003–2007 · leading case: Dawson Farms, LLC v. Farm Serv. Agency, 504 F.3d 592 (5th Cir. 2007).

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Dawson Farms, LLC v. Farm Serv. Agency, 504 F.3d 592 (5th Cir. 2007). “6 (FSA appeals); 7 C.F.R. § 780.11 (NRCS appeals); see generally United States v.”

Gannon v. Farm Serv. Agency, 81 F. App'x 102 (9th Cir. 2003). “The FSA did not abuse its discretion by correcting the SAA’s expiration date and the stated market value of the secured property pursuant to 7 C.F.R. § 780.11 , which explicitly authorizes the agency to “correct all errors in entering data on program contracts, loan agreements,…”

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