80_FR_62639 80 FR 62439 - NRCS Procedures for Granting Equitable Relief

80 FR 62439 - NRCS Procedures for Granting Equitable Relief

DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service

Federal Register Volume 80, Issue 200 (October 16, 2015)

Page Range62439-62441
FR Document2015-26309

The Natural Resources Conservation Service (NRCS) issues its final rule implementing the equitable relief authority, and the procedures set forth in section 1613 of the Farm Security and Rural Investment Act of 2002 (the 2002 Act), relating to relief for participants for covered programs administered by NRCS. The relief applies to cases where the program participant took action to his or her detriment based on action or advice from an NRCS employee, and situations where the participant acted in good faith, but failed to fully comply with program requirements.

Federal Register, Volume 80 Issue 200 (Friday, October 16, 2015)
[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Rules and Regulations]
[Pages 62439-62441]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26309]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / 
Rules and Regulations

[[Page 62439]]



DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

7 CFR Part 635

RIN 0578-AA57


NRCS Procedures for Granting Equitable Relief

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Natural Resources Conservation Service (NRCS) issues its 
final rule implementing the equitable relief authority, and the 
procedures set forth in section 1613 of the Farm Security and Rural 
Investment Act of 2002 (the 2002 Act), relating to relief for 
participants for covered programs administered by NRCS. The relief 
applies to cases where the program participant took action to his or 
her detriment based on action or advice from an NRCS employee, and 
situations where the participant acted in good faith, but failed to 
fully comply with program requirements.

DATES: This rule is effective October 16, 2015.

FOR FURTHER INFORMATION CONTACT: Paulette Craig, National Equitable 
Relief Specialist, at (301) 504-1650.

SUPPLEMENTARY INFORMATION: 

Executive Orders 12866 and 13563

    The Office of Management and Budget (OMB) designated this rule as 
not significant under Executive Order 12866 as supplemented by 
Executive Order 13563. Therefore, OMB will not review this final rule.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) generally 
requires an agency to prepare a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute. However, this 
regulation implements section 1613 of the 2002 Act, which is part of 
Title I of the 2002 Act. Section 1601(c) of the 2002 Act requires NRCS 
to promulgate regulations or administer Title I without regard to 5 
U.S.C. 553. Therefore, NRCS did not prepare a regulatory flexibility 
analysis for this final rule.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1531-1538) requires Federal agencies to assess the effects of 
their regulatory actions on State, local, and Tribal governments, or 
the private sector of $100 million or more in any one year.
    This rule contains no Federal mandates, as defined under Title II 
of UMRA, for State, local, and Tribal governments, or the private 
sector. Therefore, a statement under section 202 of UMRA is not 
required.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act of 1996, (Pub. L. 104-121). Therefore, NRCS is 
not required to delay the effective date for 60 days from the date of 
publication to allow for congressional review. Accordingly, this rule 
is effective upon publication in the Federal Register.

Paperwork Reduction Act

    Section 1601(c)(2) of the 2002 Act requires that the implementation 
of this provision be carried out without regard to the Paperwork 
Reduction Act, Chapter 35 of Title 44, United States Code. Therefore, 
NRCS is not reporting recordkeeping or estimated paperwork burden 
associated with this final rule.

Government Paperwork Elimination Act

    NRCS is committed to compliance with the Government Paperwork 
Elimination Act as well as continued pursuit of providing all services 
electronically when practicable. This rule requires that a program 
participant make a written request for equitable relief for a program 
administered by NRCS. In part, this rule lends itself to electronic 
requests as submitted by State Conservationists or participants.

Environmental Analysis

    NRCS has determined that changes made by this rule fall within a 
category of actions that are excluded from the requirement to prepare 
either an environmental assessment or an environmental impact 
statement. Administrative changes made in this rule fall within a 
categorical exclusion for policy development relating to routine 
activities and similar administrative functions (7 CFR 1b.3(a)(1)) and 
NRCS has identified no extraordinary circumstances that would otherwise 
require preparation of either.

Civil Rights Impact Analysis

    NRCS has determined through a Civil Rights Impact Analysis (CRIA) 
that the final rule discloses no disproportionately adverse impacts for 
minorities, women, or persons with disabilities. The CRIA provides 
responses to the Final rule amendments.
    The data presented indicates producers who are members of the 
protected groups have participated in NRCS conservation programs at 
parity with other producers. Extrapolating from historical 
participation data, it is reasonable to conclude that NRCS programs, 
including procedures for granting equitable relief for ineligibility 
for these programs, will continue to be administered in a non-
discriminatory manner. Outreach and communication strategies are in 
place to ensure all producers will be provided the same information to 
allow them to make informed compliance decisions regarding the use of 
their lands that will affect their participation in U.S. Department of 
Agriculture (USDA) programs.
    The equitable relief procedures apply to all persons equally 
regardless of their race, color, national origin, gender, sex, or 
disability status. Therefore, the final rule portends no adverse civil 
rights implications for women, minorities, or persons with 
disabilities.

Discussion of the Rule 7 CFR Part 635--Equitable Relief From 
Ineligibility

Section 635.1 Definitions and Abbreviations

    This section amends, adds, or removes a number of defined terms in 
the rule. Specifically, it adds definitions for ``appeal rights,'' 
``equitable relief,'' ``participant,'' and ``State.'' ``Appeal rights'' 
is defined to clarify that a

[[Page 62440]]

decision under this rule may be appealed to the National Appeals 
Division (NAD). ``Participant'' and ``State'' are defined consistent 
with their statutory definitions. The definitions of ``covered 
program'' and ``State Conservationist'' are simplified. The definition 
of ``Natural Resources Conservation Service (NRCS)'' is revised to be 
consistent with the definition used in other NRCS regulations, and 
clarifies that the term includes programs administered by the agency 
using the funds, facilities, and authorities of the Commodity Credit 
Corporation (CCC).

Section 635.2 Applicability

    The amended rule clarifies the application of subsection (a), and 
strikes subsections (b) and (c) which are no longer needed.

Section 635.3 Reliance on Incorrect Actions or Information

    The amended rule makes changes to this section to more closely 
conform to the language of the statute by enumerating the specific 
requirements to qualify for relief under this section. These changes do 
not substantively change the scope of this authority.

Section 635.4 Failure To Fully Comply

    Section 635.4 of the amended rule makes changes to this section to 
more closely conform to the language of the statute by enumerating the 
specific requirements to qualify for relief under this section. These 
changes provide more flexibility for State Conservationists and 
participants to request equitable relief, and do not substantively 
change the scope of this authority.

Section 635.5 Forms of Relief

    The amended rule makes technical and grammatical changes to this 
section, and removes references to ``loans'' since NRCS does not have 
authority to make loans.

Section 635.6 Equitable Relief by State Conservationists

    The amended rule restructures and clarifies the existing language 
of Sec.  635.6. In particular, the revised section explains the 
limitations on a State Conservationist's authority in a separate 
subsection, and amends the description of the State Conservationist's 
authority to more closely reflect the statutory language.

Section 635.7 Procedures for Granting Equitable Relief

    The amended rule strikes the list of covered programs in paragraph 
(a). The definition of ``covered programs'' sufficiently identifies 
these programs.
    The amended rule allows the Chief, State Conservationist, or 
participant to initiate a request for equitable relief. Under the 
current rule, only the participant can initiate a request for equitable 
relief. The State Conservationist cannot initiate a request even if he 
or she believes the participant qualifies for such relief. For example, 
an NRCS employee's misaction or misinformation may impact several 
different participants, resulting in a number of them being determined 
ineligible for program benefits. Under the current rule, the 
participants must request equitable relief from NRCS in order to obtain 
equitable relief. The State Conservationist cannot initiate an 
equitable relief request, even if he or she knows that other 
participants would likely also qualify for equitable relief. Given the 
potential for treating participants differently, NRCS is amending this 
procedure to allow the Chief or a State Conservationist to initiate a 
request for equitable relief for a participant meeting the requirements 
of this part.
    Section 635.7 is also amended to add Sec.  635.7(e) and (f). 
Paragraph 635.7(e) provides that requests for equitable relief must 
include any information necessary to determine eligibility under this 
authority and such other information as required by NRCS to determine 
whether granting equitable relief is appropriate. This revision 
reflects that the information needed by the agency to assess equitable 
relief requests will be provided and updated by applicable policy and 
procedure at Title 440 of the Conservation Program Manual, Part 509.
    Paragraph 635.7(f) provides the participant with appeal rights to 
the National Appeals Division, pursuant to Sec.  614.9(e) of this 
chapter, if equitable relief is denied.

List of Subjects in 7 CFR Part 635

    Administrative practice and procedure, Agriculture, Conservation 
programs, Equitable Relief.
    Accordingly, for the reasons set forth in the preamble, 7 CFR part 
635 is revised to read as follows:

PART 635--EQUITABLE RELIEF FROM INELIGIBILITY

Sec.
635.1 Definitions and abbreviations.
635.2 Applicability.
635.3 Reliance on incorrect actions or information.
635.4 Failure to fully comply.
635.5 Forms of relief.
635.6 Equitable relief by State Conservationists.
635.7 Procedures for granting equitable relief.

    Authority:  7 U.S.C. 7996.


Sec.  635.1  Definitions and abbreviations.

    The following terms apply to this part:
    Appeal rights means the right of the participant to appeal a 
decision to the National Appeals Division (NAD) pursuant to part 614 of 
this chapter.
    Chief means the Chief of the Natural Resources Conservation Service 
or a person with delegated authority to act for the Chief.
    Covered program means a conservation program administered by NRCS.
    Equitable relief means an action described in Sec.  635.5 of this 
part.
    Natural Resources Conservation Service (NRCS) means an agency of 
the U.S. Department of Agriculture which has responsibility for 
administering covered programs, including those using the funds, 
facilities, and authorities of the Commodity Credit Corporation (CCC).
    OGC means the Office of the General Counsel of the U.S. Department 
of Agriculture.
    Participant means a participant in a covered program.
    Secretary means the Secretary of U.S. Department of Agriculture.
    State means each of the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, and any other 
territory or possession of the United States.
    State Conservationist means the NRCS employee authorized to direct 
and supervise NRCS activities in a State or the State Conservationist's 
designee.


Sec.  635.2  Applicability.

    This part applies to all covered programs administered by the 
Natural Resources Conservation Service, except for the Highly Erodible 
Land and Wetland Conservation provisions of Title XII, subtitles B and 
C of the Food Security Act of 1985, as amended, (16 U.S.C. 3811 et 
seq.). Administration of this part shall be under the supervision of 
the Chief, except that such authority shall not limit the exercise of 
authority by State Conservationists of the Natural Resources 
Conservation Service provided in Sec.  635.6 of this part.


Sec.  635.3  Reliance on incorrect actions or information.

    The Chief may grant equitable relief to any participant that NRCS 
determines is not in compliance with the requirements, terms and 
conditions of a

[[Page 62441]]

covered program, and therefore ineligible for a payment, or other 
benefit, if the participant--
    (a) Acting in good faith, relied on action and advice from an NRCS 
employee or representative of USDA to their detriment;
    (b) Did not know or have sufficient reason to know that the action 
or advice upon which they relied would be detrimental; and
    (c) Did not act in reliance on their own misunderstanding or 
misinterpretation of the program provisions, notices, or information.


Sec.  635.4  Failure to fully comply.

    The Chief may grant equitable relief to any participant that NRCS 
determines is not in full compliance with the requirements, terms and 
conditions of a covered program, and therefore ineligible for a 
payment, or other benefit, if the participant--
    (a) Made a good faith effort to comply fully with the requirements; 
and
    (b) Rendered substantial performance.


Sec.  635.5  Forms of relief.

    (a) The Chief may authorize a participant in a covered program to:
    (1) Retain payments or other benefits received under the covered 
program;
    (2) Continue to receive payments and other benefits under the 
covered program;
    (3) Continue to participate, in whole or in part, under any 
contract executed under the covered program;
    (4) Re-enroll all or part of the land covered by the program; and
    (5) Receive such other equitable relief as determined to be 
appropriate.
    (b) As a condition of receiving relief under this part, the 
participant may be required to remedy their failure to meet the program 
requirement or mitigate its effects.


Sec.  635.6  Equitable relief by State Conservationists.

    (a) State Conservationists' Authority. State Conservationists have 
the authority to grant requests for equitable relief under this section 
when--
    (1) The program matter with respect to which the relief is sought 
is a program matter in a covered program operated within the authorized 
jurisdiction of the State Conservationist;
    (2) The total amount of relief (including payments and other 
benefits) that will be provided to the participant under this section 
during the fiscal year is less than $20,000;
    (3) The total amount of such relief that has been previously 
provided to the participant using this section in the fiscal year, as 
calculated in paragraph (a)(2) of this section, is not more than 
$5,000;
    (4) The total amount of payments and benefits of any kind for which 
relief is provided to similarly situated participants by a State 
Conservationist in a fiscal year, is not more than $1,000,000.
    (b) Additional limits on authority. The authority provided under 
this section does not extend to the administration of:
    (1) Payment limitations under part 1400 of this title;
    (2) Payment limitations under a conservation program administered 
by the Secretary; or
    (3) The highly erodible land and wetland conservation requirements 
under subtitles B or C of Title XII of the Food Security Act of 1985 
(16 U.S.C. 3811 et seq.).
    (c) Concurrence by the Office of the General Counsel. Relief shall 
only be made under this part after consultation with, and concurrence 
by, the Office of General Counsel.
    (d) Secretary's reversal authority. A decision made under this part 
by the State Conservationist may be reversed only by the Secretary, who 
may not delegate that authority.
    (e) Relation to other authorities. The authority provided under 
this section is in addition to any other applicable authority that may 
allow relief.


Sec.  635.7  Procedures for granting equitable relief.

    (a) The Chief or State Conservationist may initiate a request for 
equitable relief for a participant that meets the requirement of this 
part.
    (b) Participants may request equitable relief from the Chief or the 
State Conservationist as provided in Sec. Sec.  635.3 and 635.4 of this 
part.
    (c) Only a participant directly affected by the non-compliance with 
the covered program requirements is eligible for equitable relief under 
this part.
    (d) Requests by a participant for equitable relief must be made in 
writing, no later than 30 calendar days from the date of receipt of the 
notification of non-compliance with the requirements of the covered 
conservation program.
    (e) Requests for equitable relief must include any information 
necessary to determine eligibility under this part and such other 
information as required by NRCS to determine whether granting equitable 
relief is appropriate. Information needed by the agency to assess 
equitable relief requests will be provided and updated by applicable 
policy and procedure.
    (f) If equitable relief is denied by the Chief or the State 
Conservationist, the participant will be provided with written notice 
of appeal rights to the National Appeals Division, pursuant to 7 CFR 
part 614.

    Signed this 7th day of October, 2015, in Washington, DC.
Leonard Jordan,
Associate Chief for Conservation, Natural Resources Conservation 
Service.
[FR Doc. 2015-26309 Filed 10-15-15; 8:45 am]
 BILLING CODE 3410-16-P



                                                                                                                                                                                                    62439

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 80, No. 200

                                                                                                                                                                Friday, October 16, 2015



                                                  This section of the FEDERAL REGISTER                    and comment rulemaking requirements                   Environmental Analysis
                                                  contains regulatory documents having general            under the Administrative Procedure Act                  NRCS has determined that changes
                                                  applicability and legal effect, most of which           or any other statute. However, this
                                                  are keyed to and codified in the Code of                                                                      made by this rule fall within a category
                                                                                                          regulation implements section 1613 of                 of actions that are excluded from the
                                                  Federal Regulations, which is published under           the 2002 Act, which is part of Title I of
                                                  50 titles pursuant to 44 U.S.C. 1510.                                                                         requirement to prepare either an
                                                                                                          the 2002 Act. Section 1601(c) of the                  environmental assessment or an
                                                  The Code of Federal Regulations is sold by              2002 Act requires NRCS to promulgate                  environmental impact statement.
                                                  the Superintendent of Documents. Prices of              regulations or administer Title I without             Administrative changes made in this
                                                  new books are listed in the first FEDERAL               regard to 5 U.S.C. 553. Therefore, NRCS               rule fall within a categorical exclusion
                                                  REGISTER issue of each week.                            did not prepare a regulatory flexibility              for policy development relating to
                                                                                                          analysis for this final rule.                         routine activities and similar
                                                                                                          Unfunded Mandates                                     administrative functions (7 CFR
                                                  DEPARTMENT OF AGRICULTURE                                                                                     1b.3(a)(1)) and NRCS has identified no
                                                                                                            Title II of the Unfunded Mandates                   extraordinary circumstances that would
                                                  Natural Resources Conservation                          Reform Act of 1995 (UMRA) (2 U.S.C.
                                                  Service                                                                                                       otherwise require preparation of either.
                                                                                                          1531–1538) requires Federal agencies to
                                                                                                          assess the effects of their regulatory                Civil Rights Impact Analysis
                                                  7 CFR Part 635                                          actions on State, local, and Tribal                      NRCS has determined through a Civil
                                                  RIN 0578–AA57                                           governments, or the private sector of                 Rights Impact Analysis (CRIA) that the
                                                                                                          $100 million or more in any one year.                 final rule discloses no
                                                  NRCS Procedures for Granting                              This rule contains no Federal                       disproportionately adverse impacts for
                                                  Equitable Relief                                        mandates, as defined under Title II of                minorities, women, or persons with
                                                  AGENCY:  Natural Resources                              UMRA, for State, local, and Tribal                    disabilities. The CRIA provides
                                                  Conservation Service, USDA.                             governments, or the private sector.                   responses to the Final rule amendments.
                                                                                                          Therefore, a statement under section                     The data presented indicates
                                                  ACTION: Final rule.
                                                                                                          202 of UMRA is not required.                          producers who are members of the
                                                  SUMMARY:    The Natural Resources                                                                             protected groups have participated in
                                                                                                          Small Business Regulatory Enforcement                 NRCS conservation programs at parity
                                                  Conservation Service (NRCS) issues its
                                                                                                          Fairness Act of 1996                                  with other producers. Extrapolating
                                                  final rule implementing the equitable
                                                  relief authority, and the procedures set                  This rule is not a major rule under the             from historical participation data, it is
                                                  forth in section 1613 of the Farm                       Small Business Regulatory Enforcement                 reasonable to conclude that NRCS
                                                  Security and Rural Investment Act of                    Fairness Act of 1996, (Pub. L. 104–121).              programs, including procedures for
                                                  2002 (the 2002 Act), relating to relief for             Therefore, NRCS is not required to delay              granting equitable relief for ineligibility
                                                  participants for covered programs                       the effective date for 60 days from the               for these programs, will continue to be
                                                  administered by NRCS. The relief                        date of publication to allow for                      administered in a non-discriminatory
                                                  applies to cases where the program                      congressional review. Accordingly, this               manner. Outreach and communication
                                                  participant took action to his or her                   rule is effective upon publication in the             strategies are in place to ensure all
                                                  detriment based on action or advice                     Federal Register.                                     producers will be provided the same
                                                  from an NRCS employee, and situations                                                                         information to allow them to make
                                                                                                          Paperwork Reduction Act                               informed compliance decisions
                                                  where the participant acted in good
                                                  faith, but failed to fully comply with                    Section 1601(c)(2) of the 2002 Act                  regarding the use of their lands that will
                                                  program requirements.                                   requires that the implementation of this              affect their participation in U.S.
                                                  DATES: This rule is effective October 16,               provision be carried out without regard               Department of Agriculture (USDA)
                                                  2015.                                                   to the Paperwork Reduction Act,                       programs.
                                                                                                          Chapter 35 of Title 44, United States                    The equitable relief procedures apply
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          Code. Therefore, NRCS is not reporting                to all persons equally regardless of their
                                                  Paulette Craig, National Equitable Relief                                                                     race, color, national origin, gender, sex,
                                                  Specialist, at (301) 504–1650.                          recordkeeping or estimated paperwork
                                                                                                          burden associated with this final rule.               or disability status. Therefore, the final
                                                  SUPPLEMENTARY INFORMATION:                                                                                    rule portends no adverse civil rights
                                                  Executive Orders 12866 and 13563                        Government Paperwork Elimination                      implications for women, minorities, or
                                                                                                          Act                                                   persons with disabilities.
                                                    The Office of Management and Budget
                                                  (OMB) designated this rule as not                         NRCS is committed to compliance                     Discussion of the Rule 7 CFR Part 635—
                                                  significant under Executive Order 12866                 with the Government Paperwork                         Equitable Relief From Ineligibility
                                                  as supplemented by Executive Order                      Elimination Act as well as continued
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          pursuit of providing all services                     Section 635.1 Definitions and
                                                  13563. Therefore, OMB will not review
                                                                                                          electronically when practicable. This                 Abbreviations
                                                  this final rule.
                                                                                                          rule requires that a program participant                 This section amends, adds, or
                                                  Regulatory Flexibility Act                              make a written request for equitable                  removes a number of defined terms in
                                                    The Regulatory Flexibility Act (5                     relief for a program administered by                  the rule. Specifically, it adds definitions
                                                  U.S.C. 601–612) generally requires an                   NRCS. In part, this rule lends itself to              for ‘‘appeal rights,’’ ‘‘equitable relief,’’
                                                  agency to prepare a regulatory flexibility              electronic requests as submitted by State             ‘‘participant,’’ and ‘‘State.’’ ‘‘Appeal
                                                  analysis of any rule subject to notice                  Conservationists or participants.                     rights’’ is defined to clarify that a


                                             VerDate Sep<11>2014   16:45 Oct 15, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\16OCR1.SGM   16OCR1


                                                  62440             Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Rules and Regulations

                                                  decision under this rule may be                         definition of ‘‘covered programs’’                    635.6 Equitable relief by State
                                                  appealed to the National Appeals                        sufficiently identifies these programs.                   Conservationists.
                                                  Division (NAD). ‘‘Participant’’ and                        The amended rule allows the Chief,                 635.7 Procedures for granting equitable
                                                  ‘‘State’’ are defined consistent with their                                                                       relief.
                                                                                                          State Conservationist, or participant to
                                                  statutory definitions. The definitions of               initiate a request for equitable relief.                Authority: 7 U.S.C. 7996.
                                                  ‘‘covered program’’ and ‘‘State                         Under the current rule, only the                      § 635.1    Definitions and abbreviations.
                                                  Conservationist’’ are simplified. The                   participant can initiate a request for
                                                  definition of ‘‘Natural Resources                       equitable relief. The State                             The following terms apply to this
                                                  Conservation Service (NRCS)’’ is revised                Conservationist cannot initiate a request             part:
                                                  to be consistent with the definition used               even if he or she believes the participant              Appeal rights means the right of the
                                                  in other NRCS regulations, and clarifies                qualifies for such relief. For example, an            participant to appeal a decision to the
                                                  that the term includes programs                         NRCS employee’s misaction or                          National Appeals Division (NAD)
                                                  administered by the agency using the                    misinformation may impact several                     pursuant to part 614 of this chapter.
                                                  funds, facilities, and authorities of the               different participants, resulting in a                  Chief means the Chief of the Natural
                                                  Commodity Credit Corporation (CCC).                     number of them being determined                       Resources Conservation Service or a
                                                                                                          ineligible for program benefits. Under                person with delegated authority to act
                                                  Section 635.2       Applicability                                                                             for the Chief.
                                                                                                          the current rule, the participants must
                                                    The amended rule clarifies the                        request equitable relief from NRCS in                   Covered program means a
                                                  application of subsection (a), and strikes              order to obtain equitable relief. The                 conservation program administered by
                                                  subsections (b) and (c) which are no                    State Conservationist cannot initiate an              NRCS.
                                                  longer needed.                                          equitable relief request, even if he or she             Equitable relief means an action
                                                                                                          knows that other participants would                   described in § 635.5 of this part.
                                                  Section 635.3 Reliance on Incorrect                                                                             Natural Resources Conservation
                                                  Actions or Information                                  likely also qualify for equitable relief.
                                                                                                          Given the potential for treating                      Service (NRCS) means an agency of the
                                                    The amended rule makes changes to                     participants differently, NRCS is                     U.S. Department of Agriculture which
                                                  this section to more closely conform to                 amending this procedure to allow the                  has responsibility for administering
                                                  the language of the statute by                          Chief or a State Conservationist to                   covered programs, including those using
                                                  enumerating the specific requirements                   initiate a request for equitable relief for           the funds, facilities, and authorities of
                                                  to qualify for relief under this section.               a participant meeting the requirements                the Commodity Credit Corporation
                                                  These changes do not substantively                      of this part.                                         (CCC).
                                                  change the scope of this authority.                                                                             OGC means the Office of the General
                                                                                                             Section 635.7 is also amended to add
                                                                                                                                                                Counsel of the U.S. Department of
                                                  Section 635.4       Failure To Fully Comply             § 635.7(e) and (f). Paragraph 635.7(e)
                                                                                                                                                                Agriculture.
                                                                                                          provides that requests for equitable
                                                    Section 635.4 of the amended rule                                                                             Participant means a participant in a
                                                                                                          relief must include any information
                                                  makes changes to this section to more                                                                         covered program.
                                                                                                          necessary to determine eligibility under
                                                  closely conform to the language of the                                                                          Secretary means the Secretary of U.S.
                                                                                                          this authority and such other
                                                  statute by enumerating the specific                                                                           Department of Agriculture.
                                                                                                          information as required by NRCS to
                                                  requirements to qualify for relief under                                                                        State means each of the several States
                                                                                                          determine whether granting equitable
                                                  this section. These changes provide                                                                           of the United States, the District of
                                                                                                          relief is appropriate. This revision
                                                  more flexibility for State                                                                                    Columbia, the Commonwealth of Puerto
                                                                                                          reflects that the information needed by
                                                  Conservationists and participants to                                                                          Rico, and any other territory or
                                                                                                          the agency to assess equitable relief
                                                  request equitable relief, and do not                                                                          possession of the United States.
                                                                                                          requests will be provided and updated
                                                  substantively change the scope of this                                                                          State Conservationist means the
                                                                                                          by applicable policy and procedure at
                                                  authority.                                                                                                    NRCS employee authorized to direct
                                                                                                          Title 440 of the Conservation Program
                                                                                                                                                                and supervise NRCS activities in a State
                                                  Section 635.5       Forms of Relief                     Manual, Part 509.
                                                                                                                                                                or the State Conservationist’s designee.
                                                                                                             Paragraph 635.7(f) provides the
                                                    The amended rule makes technical                      participant with appeal rights to the                 § 635.2    Applicability.
                                                  and grammatical changes to this section,                National Appeals Division, pursuant to                  This part applies to all covered
                                                  and removes references to ‘‘loans’’ since               § 614.9(e) of this chapter, if equitable              programs administered by the Natural
                                                  NRCS does not have authority to make                    relief is denied.                                     Resources Conservation Service, except
                                                  loans.                                                                                                        for the Highly Erodible Land and
                                                                                                          List of Subjects in 7 CFR Part 635
                                                  Section 635.6 Equitable Relief by State                                                                       Wetland Conservation provisions of
                                                  Conservationists                                          Administrative practice and                         Title XII, subtitles B and C of the Food
                                                                                                          procedure, Agriculture, Conservation                  Security Act of 1985, as amended, (16
                                                    The amended rule restructures and                     programs, Equitable Relief.                           U.S.C. 3811 et seq.). Administration of
                                                  clarifies the existing language of § 635.6.               Accordingly, for the reasons set forth              this part shall be under the supervision
                                                  In particular, the revised section                      in the preamble, 7 CFR part 635 is                    of the Chief, except that such authority
                                                  explains the limitations on a State                     revised to read as follows:                           shall not limit the exercise of authority
                                                  Conservationist’s authority in a separate                                                                     by State Conservationists of the Natural
                                                  subsection, and amends the description                  PART 635—EQUITABLE RELIEF FROM                        Resources Conservation Service
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                                                  of the State Conservationist’s authority                INELIGIBILITY                                         provided in § 635.6 of this part.
                                                  to more closely reflect the statutory
                                                  language.                                               Sec.                                                  § 635.3 Reliance on incorrect actions or
                                                                                                          635.1 Definitions and abbreviations.                  information.
                                                  Section 635.7 Procedures for Granting                   635.2 Applicability.
                                                                                                          635.3 Reliance on incorrect actions or                  The Chief may grant equitable relief to
                                                  Equitable Relief
                                                                                                               information.                                     any participant that NRCS determines is
                                                    The amended rule strikes the list of                  635.4 Failure to fully comply.                        not in compliance with the
                                                  covered programs in paragraph (a). The                  635.5 Forms of relief.                                requirements, terms and conditions of a


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                                                                    Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Rules and Regulations                                             62441

                                                  covered program, and therefore                          (a)(2) of this section, is not more than              written notice of appeal rights to the
                                                  ineligible for a payment, or other                      $5,000;                                               National Appeals Division, pursuant to
                                                  benefit, if the participant—                               (4) The total amount of payments and               7 CFR part 614.
                                                    (a) Acting in good faith, relied on                   benefits of any kind for which relief is                Signed this 7th day of October, 2015, in
                                                  action and advice from an NRCS                          provided to similarly situated                        Washington, DC.
                                                  employee or representative of USDA to                   participants by a State Conservationist               Leonard Jordan,
                                                  their detriment;                                        in a fiscal year, is not more than                    Associate Chief for Conservation, Natural
                                                    (b) Did not know or have sufficient                   $1,000,000.                                           Resources Conservation Service.
                                                  reason to know that the action or advice                   (b) Additional limits on authority. The            [FR Doc. 2015–26309 Filed 10–15–15; 8:45 am]
                                                  upon which they relied would be                         authority provided under this section
                                                                                                                                                                BILLING CODE 3410–16–P
                                                  detrimental; and                                        does not extend to the administration of:
                                                    (c) Did not act in reliance on their                     (1) Payment limitations under part
                                                  own misunderstanding or                                 1400 of this title;
                                                                                                             (2) Payment limitations under a                    DEPARTMENT OF ENERGY
                                                  misinterpretation of the program
                                                  provisions, notices, or information.                    conservation program administered by                  10 CFR Part 430
                                                                                                          the Secretary; or
                                                  § 635.4   Failure to fully comply.                         (3) The highly erodible land and                   [Docket No. EERE–2013–BT–TP–0009]
                                                    The Chief may grant equitable relief to               wetland conservation requirements                     RIN 1904–AC97
                                                  any participant that NRCS determines is                 under subtitles B or C of Title XII of the
                                                  not in full compliance with the                         Food Security Act of 1985 (16 U.S.C.                  Energy Conservation Program for
                                                  requirements, terms and conditions of a                 3811 et seq.).                                        Consumer Products: Test Procedures
                                                  covered program, and therefore                             (c) Concurrence by the Office of the               for Clothes Washers; Correcting
                                                  ineligible for a payment, or other                      General Counsel. Relief shall only be                 Amendments
                                                  benefit, if the participant—                            made under this part after consultation
                                                    (a) Made a good faith effort to comply                with, and concurrence by, the Office of               AGENCY:  Office of Energy Efficiency and
                                                  fully with the requirements; and                        General Counsel.                                      Renewable Energy, Department of
                                                    (b) Rendered substantial performance.                    (d) Secretary’s reversal authority. A              Energy.
                                                                                                          decision made under this part by the                  ACTION: Final rule; correcting
                                                  § 635.5   Forms of relief.                              State Conservationist may be reversed                 amendments.
                                                     (a) The Chief may authorize a                        only by the Secretary, who may not
                                                  participant in a covered program to:                                                                          SUMMARY:    On August 5, 2015, the U.S.
                                                                                                          delegate that authority.                              Department of Energy (DOE) published
                                                     (1) Retain payments or other benefits                   (e) Relation to other authorities. The
                                                  received under the covered program;                                                                           a final rule amending the test
                                                                                                          authority provided under this section is              procedures for clothes washers. This
                                                     (2) Continue to receive payments and                 in addition to any other applicable                   correction addresses several cross-
                                                  other benefits under the covered                        authority that may allow relief.                      reference numbering errors, in which
                                                  program;
                                                                                                          § 635.7    Procedures for granting equitable          the cross-references were inadvertently
                                                     (3) Continue to participate, in whole
                                                                                                          relief.                                               not updated to reflect the revised
                                                  or in part, under any contract executed
                                                                                                            (a) The Chief or State Conservationist              section numbering resulting from the
                                                  under the covered program;
                                                                                                          may initiate a request for equitable relief           final rule amendments. In addition, this
                                                     (4) Re-enroll all or part of the land
                                                                                                          for a participant that meets the                      correction republishes several
                                                  covered by the program; and
                                                                                                          requirement of this part.                             amendments from the final rule that
                                                     (5) Receive such other equitable relief
                                                                                                            (b) Participants may request equitable              could not be incorporated into the Code
                                                  as determined to be appropriate.
                                                                                                          relief from the Chief or the State                    of Federal Regulations (CFR) due to
                                                     (b) As a condition of receiving relief
                                                                                                          Conservationist as provided in §§ 635.3               inaccurate amendatory instructions, and
                                                  under this part, the participant may be
                                                                                                          and 635.4 of this part.                               clarifies several of the amendatory
                                                  required to remedy their failure to meet
                                                                                                            (c) Only a participant directly affected            instructions in the final rule to remove
                                                  the program requirement or mitigate its
                                                                                                          by the non-compliance with the covered                certain sections of the test procedures.
                                                  effects.
                                                                                                          program requirements is eligible for                  Furthermore, this correction reinstates
                                                  § 635.6 Equitable relief by State                       equitable relief under this part.                     three sections of the clothes washer test
                                                  Conservationists.                                         (d) Requests by a participant for                   procedure that were inadvertently
                                                     (a) State Conservationists’ Authority.               equitable relief must be made in writing,             removed from the CFR starting with the
                                                  State Conservationists have the                         no later than 30 calendar days from the               2013 annual edition. Neither the errors
                                                  authority to grant requests for equitable               date of receipt of the notification of non-           nor the corrections in this document
                                                  relief under this section when—                         compliance with the requirements of the               affect the substance of the rulemaking or
                                                     (1) The program matter with respect                  covered conservation program.                         any of the conclusions reached in
                                                  to which the relief is sought is a                        (e) Requests for equitable relief must              support of either of these final rules.
                                                  program matter in a covered program                     include any information necessary to                  DATES: Effective Date: October 16, 2015.
                                                  operated within the authorized                          determine eligibility under this part and             FOR FURTHER INFORMATION CONTACT: Mr.
                                                  jurisdiction of the State Conservationist;              such other information as required by                 Bryan Berringer, U.S. Department of
                                                     (2) The total amount of relief                       NRCS to determine whether granting                    Energy, Office of Energy Efficiency and
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                                                  (including payments and other benefits)                 equitable relief is appropriate.                      Renewable Energy, Building
                                                  that will be provided to the participant                Information needed by the agency to                   Technologies Office, Mailstop EE–5B,
                                                  under this section during the fiscal year               assess equitable relief requests will be              1000 Independence Avenue SW.,
                                                  is less than $20,000;                                   provided and updated by applicable                    Washington, DC 20585–0121.
                                                     (3) The total amount of such relief                  policy and procedure.                                 Telephone: (202) 586–0371. Email:
                                                  that has been previously provided to the                  (f) If equitable relief is denied by the            Bryan.Berringer@ee.doe.gov.
                                                  participant using this section in the                   Chief or the State Conservationist, the                  Mr. Eric Stas, U.S. Department of
                                                  fiscal year, as calculated in paragraph                 participant will be provided with                     Energy, Office of the General Counsel,


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Document Created: 2015-12-14 15:24:04
Document Modified: 2015-12-14 15:24:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective October 16, 2015.
ContactPaulette Craig, National Equitable Relief Specialist, at (301) 504-1650.
FR Citation80 FR 62439 
RIN Number0578-AA57
CFR AssociatedAdministrative Practice and Procedure; Agriculture; Conservation Programs and Equitable Relief

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