§ 777.15 7 CFR Ch. VII (1–1–03 Edition)
(d) 7 CFR part 719, Reconstitution of CCC means the Commodity Credit
Farms, Allotments, Normal Crop Acre- Corporation, a wholly owned Govern-
age and Preceding Year Planted Acre- ment corporation within the U.S. De-
age. partment of Agriculture.
(e) 7 CFR part 780, Appeal Regula- County committee means an FSA
tions. county or area committee established
(f) 7 CFR part 790, Incomplete Per- in accordance with section 8(b) of the
formance Based Upon Action or Advice Soil Conservation and Domestic Allot-
of an Authorized Representative of the ment Act (16 U.S.C. 590h(b)).
Secretary. FCIC means the Federal Crop Insur-
(g) 7 CFR part 796, Denial of Program ance Corporation, a wholly owned Gov-
Eligibility for Controlled Substance ernment corporation within the U.S.
Violation. Department of Agriculture.
Final decision means the program de-
§ 777.15 OMB control numbers as- cision rendered by the county or State
signed pursuant to the Paperwork committee upon written request of the
Reduction Act. participant. A decision that is other-
The information collection require- wise final shall remain final unless the
ments of this part shall be submitted decision is timely appealed to the
to the Office of Management and Budg- State committee or NAD. A decision of
et (OMB) for purposes of the Paperwork FSA or FCIC made by personnel subor-
Reduction Act and it is anticipated dinate to the county committee is con-
that an OMB Number will be assigned. sidered ‘‘final’’ for the purpose of ap-
peal to NAD only after that decision
PART 780—APPEAL REGULATIONS has been appealed to the county com-
mittee under the provisions of this
780.1 Definitions. FSA means the Farm Service Agency.
780.2 Applicability. NAD means the National Appeals Di-
780.3–780.5 [Reserved] vision, established pursuant to the 1994
780.6 Mediation. Act.
780.7 Reconsideration and appeals with the NAD regulations means the National
county and State committees. Appeals Division (NAD) rules of proce-
780.8 Time limitations for filing requests for dure published by the Secretary at 7
reconsideration or appeal. CFR part 11 implementing title II, sub-
780.9 Appeals of NRCS technical determina-
title H of the 1994 Act.
780.10 Other finality provisions. NRCS means the Natural Resource
780.11 Reservation of authority. Conservation Service of the United
States Department of Agriculture, for-
AUTHORITY: 5 U.S.C. 301; 15 U.S.C. 714b and merly the Soil Conservation Service.
714c; 16 U.S.C. 590h.
Reconsideration is a subsequent con-
SOURCE: 60 FR 67316, Dec. 29, 1995, unless sideration of a prior decision by the
otherwise noted. same reviewing authority.
Reviewing authority means a person or
§ 780.1 Definitions. committee assigned the responsibility
For purposes of this part: of making a decision on the appeal
1994 Act means the Federal Crop In- filed by the participant in accordance
surance Reform and Department of Ag- with this part.
riculture Reorganization Act of 1994 State committee means an FSA State
(Public Law 103–354). committee established in accordance
Agency means FSA and its county with section 8(b) of the Soil Conserva-
and State committees and their per- tion and Domestic Allotment Act (16
sonnel, CCC, NRCS, and any other U.S.C. 590h(b)) including, where appro-
agency or office of the Department priate, the Director of the Caribbean
which the Secretary may designate, or Area FSA office for Puerto Rico and
any successor agency. the Virgin Islands.
Appeal means a written request by a Technical determination of NRCS
participant asking the next level re- means a decision by NRCS concerning
viewing authority to review a decision. the status and condition of the natural
VerDate Dec<13>2002 13:26 Jan 20, 2003 Jkt 200016 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Y:\SGML\200016T.XXX 200016T
Farm Service Agency, USDA § 780.7
resources based on science and on the quirement that is applicable to all
best professional judgment of natural similarly situated participants.
resource professionals within NRCS. (d) Mathematical formulas estab-
[60 FR 67316, Dec. 29, 1995, as amended at 67 lished under a statute or program regu-
FR 13252, Mar. 22, 2002] lations, and decisions based solely on
the application of those formulas, are
§ 780.2 Applicability. not appealable under this part.
(a)(1) Except as provided in other reg- (e) Only a participant may seek re-
ulations, this part applies to decisions consideration or appeal under this
made under programs and by agencies, part.
as set forth herein: [60 FR 67316, Dec. 29, 1995, as amended at 67
(i) Decisions in those domestic pro- FR 13252, Mar. 22, 2002]
grams administered by the Farm Serv-
ice Agency (FSA), and programs ad- §§ 780.3–780.5 [Reserved]
ministered by FSA on behalf of the
Commodity Credit Corporation (CCC) § 780.6 Mediation.
through State and county committees, Participants have the right to seek
which are generally set forth in chap- mediation involving any decision ap-
ters VII and XIV of this title; pealed under this part in accordance
(ii) Technical decisions made by the with the provisions of section 282 of the
Natural Resources Conservation Serv- 1994 Act, if the mediation program of
ice (NRCS) under title XII of the Food the State where the participant’s farm-
Security Act of 1985, as amended; ing operation giving rise to the deci-
(iii)—(iv) [Reserved] sion is located has been certified by the
(v) Other programs to which this part Secretary for the program involved in
is made applicable by individual pro- the agency decision. Any time limita-
gram regulations. tion for review contained in this part
(2) For covered programs, this part is will be stayed pending timely pursuit
applicable to any decision made by and completion of the mediation proc-
FSA and its State and county commit- ess.
tees, CCC, the personnel and agents of
FSA, or CCC, and by the officials of § 780.7 Reconsideration and appeals
NRCS (to the extent provided in with the county and State commit-
§ 780.9), except as otherwise may be pro- tees.
vided in individual program require-
(a) A participant may appeal a deci-
ments or by the Secretary.
sion of personnel subordinate to the
county committee by filing with the
(b) With respect to matters identified
county committee a written request
in paragraph (a) of this section, partici-
for appeal that states the basis upon
pants may request reconsideration or
which the participant relies to show
appeal, under the provisions of this
part, of decisions by an agency made
with respect to: (1) The decision was not proper and
(1) Denial of participation in a pro- not made in accordance with applicable
gram; program policies; or
(2) Compliance with program require- (2) All material facts were not prop-
ments; erly considered in such decision.
(3) Issuance of payments or other (b) A participant may seek reconsid-
program benefits to a participant in a eration of a final decision by a county
program; committee by filing a written request
(4) Making payments or other bene- for reconsideration with the county
fits to an individual or entity who is committee that states the basis upon
not a participant in a program; or which the participant relies to show
(5) Technical determinations by that:
NRCS. (1) The decision was not proper and
(c) No reconsideration or appeal may not made in accordance with applicable
be sought under this part of any gen- program regulations; or
eral program provision or program pol- (2) All material facts were not prop-
icy, or any statutory or regulatory re- erly considered in such decision.
VerDate Dec<13>2002 13:26 Jan 20, 2003 Jkt 200016 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 Y:\SGML\200016T.XXX 200016T
§ 780.8 7 CFR Ch. VII (1–1–03 Edition)
(c) A participant may appeal a final § 780.9 Appeals of NRCS technical de-
decision by a county committee to the terminations.
State committee and request an infor- (a) Notwithstanding any other provi-
mal hearing in connection therewith, sion of this part, a technical deter-
by filing a written appeal with the mination of NRCS issued to a partici-
State committee. pant pursuant to Title XII of the Food
(d) A participant may seek reconsid- Security Act of 1985, as amended, in-
eration of a decision by a State com- cluding wetland determinations, may
mittee, and request an informal hear- be appealed to a county committee in
ing in connection therewith, by filing a accordance with the procedures in this
written request for reconsideration part.
with the State committee that states (b) If the county committee hears the
the basis upon which the participant appeal and agrees with the partici-
relies to show that: pant’s appeal, the county committee
(1) The decision was not proper and shall refer the case with its findings to
not made in accordance with applicable the NRCS State Conservationist to re-
program regulations; or view the matter and review the tech-
(2) All material facts were not prop- nical determination. The County or
erly considered in such decision. State committee decision shall incor-
(e) Nothing in this part prohibits a porate, and be based upon, the NRCS
participant from filing an appeal of a State Conservationist’s technical de-
final decision of the county committee termination.
with NAD in accordance with the NAD
regulations. § 780.10 Other finality provisions.
(f) This section does not apply to a The finality provisions contained in
technical determination by NRCS. Pro- section 281 of the 1994 Act shall be ap-
cedures regarding the appeal of a tech- plied to appeals under this part to the
nical determination by NRCS are con- extent provided for in that section of
tained in § 780.9. the 1994 Act.
[60 FR 67316, Dec. 29, 1995, as amended at 67 § 780.11 Reservations of authority.
FR 13253, Mar. 22, 2002]
(a) Representatives of FSA, and CCC
§ 780.8 Time limitations for filing re- may correct all errors in entering data
quests for reconsideration or ap- on program contracts, loan agree-
peal. ments, and other program documents
and the results of the computations or
(a) A request for reconsideration or
calculations made pursuant to the con-
an appeal of a decision shall be filed
tract or agreement.
within 30 days after written notice of
(b) Nothing contained in this part
the decision which is the subject of the
shall preclude the Secretary, or the Ad-
request is mailed or otherwise made
ministrator of FSA, Executive Vice
available to the participant. A request
President of CCC, the Chief of NRCS, if
for reconsideration or appeal shall be
applicable, or a designee, from deter-
considered to have been ‘‘filed’’ when
mining at any time any question aris-
personally delivered in writing to the
ing under the programs within their re-
appropriate reviewing authority or
spective authority or from reversing or
when the properly addressed request,
modifying any decision made by FSA
postage paid, is postmarked. A decision
or its county and State committees, or
shall become final and non-reviewable
unless reconsideration is timely sought
or the decision is timely appealed. [60 FR 67316, Dec. 29, 1995, as amended at 67
(b) A request for reconsideration or FR 13253, Mar. 22, 2002]
appeal may be accepted and acted upon
even though it is not filed within the PART 781—DISCLOSURE OF FOR-
time prescribed in paragraph (a) of this EIGN INVESTMENT IN AGRICUL-
section if, in the judgment of the re- TURAL LAND
viewing authority with whom such re-
quest is filed, the circumstances war- Sec.
rant such action. 781.1 General.
VerDate Dec<13>2002 13:26 Jan 20, 2003 Jkt 200016 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 Y:\SGML\200016T.XXX 200016T