NRCS Equitable Relief — Protection for Farmers Who Relied on Wrong Advice from USDA
Legal Authority
- Section 1613 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171) — Authorizes the NRCS Chief to provide equitable relief to program participants who lost eligibility because they relied on erroneous NRCS or USDA advice or who made good-faith efforts to comply; grants the Chief broad discretion to restore benefits, waive penalties, or modify requirements
- 16 U.S.C. § 3844 — Administrative requirements for NRCS conservation programs; provides the overarching framework for NRCS program administration and the authority to establish equitable relief procedures
- 7 CFR Part 635 — NRCS implementing regulation; establishes the two types of equitable relief (erroneous advice and good-faith compliance), eligibility criteria, Chief's discretionary authority, and the relationship to USDA National Appeals Division appeal rights
Key Mechanics
7 CFR Part 635 creates two equitable relief pathways. Erroneous advice relief (§ 635.3): the NRCS Chief may restore benefits to a participant who lost eligibility because they honestly and reasonably relied on incorrect action or advice from an NRCS or USDA employee, suffered harm as a result, and did not know (and could not reasonably have known) the guidance was wrong. Good-faith compliance relief (§ 635.4): the Chief may restore benefits where a participant sincerely tried to comply with program requirements and substantially completed the required work, even if they fell slightly short; relief is discretionary and proportional to the degree of non-compliance. Relief may include restoring lost payments, waiving penalties or fees, modifying future program requirements, or extending compliance deadlines. The equitable relief authority covers all NRCS conservation programs — including EQIP, CRP (NRCS-administered provisions), RCPP, and conservation easement programs — except the Highly Erodible Land and Wetland Conservation compliance provisions (16 U.S.C. §§ 3811 et seq.), which have their own separate enforcement rules. Participants who are denied equitable relief retain their right to appeal to the USDA National Appeals Division.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 7 CFR Part 635 |
| Issuing agency | USDA Natural Resources Conservation Service (NRCS) |
| Statutory authority | Section 1613 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171); 16 U.S.C. § 3844 (administrative requirements for NRCS conservation programs) |
| Last major amendment | No recent Federal Register amendments |
What This Rule Does
Conservation program participants sometimes lose eligibility for payments or benefits not because of their own failure, but because they followed incorrect guidance from an NRCS or USDA employee. A farmer who installs a conservation practice the wrong way because a field technician gave bad directions, or who fails to meet a deadline because an NRCS employee gave wrong information about when documents were due, should not permanently lose their conservation contract benefits for an honest mistake caused by federal error.
Seven CFR Part 635 establishes the framework under which the NRCS Chief can grant equitable relief — restoring benefits, waiving penalties, or modifying program requirements — for participants who lost eligibility because they relied on erroneous NRCS/USDA action or advice, or who made a good-faith effort to comply but fell slightly short.
The rule covers all NRCS conservation programs except the Highly Erodible Land and Wetland Conservation compliance provisions of the 1985 Food Security Act (which have their own enforcement framework). Programs covered include EQIP, CRP (NRCS-administered provisions), RCPP, and other NRCS conservation cost-share and easement programs.
Key Provisions
- § 635.1 — Definitions: "appeal rights" means the participant's right to appeal an NRCS decision to the USDA National Appeals Division; the "Chief" means the head of NRCS (or designee); "participant" means someone enrolled in or applying for an NRCS-covered program; "covered programs" means all NRCS programs except the HEL/Wetland Conservation compliance provisions
- § 635.2 — Coverage: Part 635 applies to all NRCS conservation programs except those under 16 U.S.C. §§ 3811 et seq. (Highly Erodible Land and Wetland Conservation compliance); the Chief administers the equitable relief authority
- § 635.3 — Erroneous advice relief: the Chief may grant equitable relief to a participant who lost eligibility for a payment or benefit because they relied on an incorrect action or wrong advice from an NRCS or USDA employee; the participant must show: (1) they honestly and reasonably relied on the NRCS/USDA action or advice; and (2) they were harmed as a result of that reliance; the Chief will not grant relief if the participant knew or should have known the NRCS/USDA guidance was wrong
- § 635.4 — Good faith compliance relief: the Chief may also grant relief when NRCS finds that a participant did not fully comply with program requirements, would otherwise lose a payment or benefit, but the participant: (1) sincerely tried to follow the rules; and (2) substantially completed the required work; relief under this provision is discretionary and depends on the degree of the shortfall and the participant's overall record of compliance
- § 635.5 — Forms of relief: the Chief may grant relief in various forms, including: (a) allowing the participant to continue receiving payments and benefits they would otherwise lose; (b) allowing the participant to keep or continue a conservation contract; (c) allowing re-enrollment in the program; or (d) providing any other fair relief appropriate to the circumstances; as a condition of relief, the Chief may require the participant to remedy the problem or take corrective action
How It Affects You
If you are enrolled in an NRCS conservation program (EQIP, RCPP, or a conservation easement program) and you received incorrect information from an NRCS employee that caused you to miss a deadline, install a practice incorrectly, or otherwise fail to meet a requirement, you may be eligible for equitable relief. Document the incorrect advice — dates, names of NRCS employees consulted, the specific guidance you received and followed — and request relief from the NRCS State Conservationist or the Chief.
"Substantially completed" matters more than perfect compliance. The good-faith compliance provision in § 635.4 recognizes that minor shortfalls should not trigger disproportionate consequences. If you completed 90% of a required conservation practice but missed a minor component, make the case that you sincerely tried and substantially performed. The key questions are: did you act in good faith, and did you do most of what was required?
Relief is not automatic — you must request it. NRCS will not proactively offer equitable relief when it identifies a compliance problem. If you believe you lost benefits because of NRCS error or despite your good-faith effort, submit a written request to your NRCS State Conservationist explaining the facts. Include documentation of the error or your compliance effort.
Equitable relief decisions are appealable. If the Chief or designee denies your equitable relief request, you retain appeal rights to the USDA National Appeals Division under Part 614. Equitable relief denial is a reviewable agency action.
Statutory Authority
This rule implements:
- Section 1613 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171) — Authorizes the Secretary of Agriculture to provide equitable relief to NRCS conservation program participants who acted in good faith based on incorrect information provided by the Department, or who substantially complied with program requirements; NRCS established the implementing procedures at 7 CFR Part 635
Recent Rulemakings
No major Federal Register amendments. The equitable relief framework reflects longstanding NRCS policy.