PA - 2031 September 2009

Other NRCS conservation programs 

which subsequently incorporate these 

procedures into respective program 

regulations or policies may be covered 

by equitable relief.

Limitations

The total amount of equitable relief 

for all loans, payments, and benefits 

granted to an NRCS program participant 

by the State Conservationist may not 

exceed $20,000 in a fiscal year (October 

1–September 30). 

There are several other limitations:

•	 A program participant who has 

already received $5,000 or more in 

relief in the form of loans, payments, 

and benefits is not eligible for further 

relief that fiscal year;

•	 The maximum total amount that may 

be granted to a group of participants 

for the same issue per fiscal year is 

 $1 million; and

•	 Financial or technical liability for any 

action taken by a participant based 

on the advice of an NRCS-certified, 

non-USDA Technical Service Provider 

(TSP) will remain with the TSP. By 

authorizing payment, NRCS does not 

assume liability.

Limitations do not apply to decisions 

made by the NRCS Chief.

When Equitable Relief Is Not an Option

Equitable relief is not available when:

•	 The ineligibility or non-compliance 

occurred before May 12, 2002;

•	 Receiving equitable relief would 

cause you to exceed statutory 

payment limitations; or

•	 Your non-compliance is related to 

the highly erodible land and wetland 

conservation compliance provisions.

For More Information

Contact your local NRCS office or visit 

www.nrcs.usda.gov.

The U.S. Department of Agriculture (USDA) prohibits discrimination in 

all its programs and activities on the basis of race, color, national origin, 

age, disability, and where applicable, sex, marital status, familial status, 

parental status, religion, sexual orientation, genetic information, political 

beliefs, reprisal, or because all or a part of an individual’s income is 

derived from any public assistance program. (Not all prohibited bases 

apply to all programs.) Persons with disabilities who require alternative 

means for communication of program information (Braille, large print, 

audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-

2600 (voice and TDD). To file a complaint of discrimination write to 

USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., 

Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 

720-6382 (TDD). USDA is an equal opportunity provider and employer.

 

Attachment A
Your request must include:

•	 Your name and address;

•	 The date;

•	 The name of the program;

•	 A description of the ineligibility or noncompliance and the date it occurred;

•	 The cause of the non-compliance or 

ineligibility;

•	 A description of the reasons why you 

did not comply with requirements; 

•	 The amount and type of relief sought; 

and

•	 Any other pertinent facts or supporting 

documentation.

Conservation Programs Covered Under 

Equitable Relief

•	 Agricultural Management Assistance 

(AMA) Program

•	 Conservation Security Program (CSP)

•	 Conservation Stewardship Program 

(CSP)

•	 Emergency Watershed Protection 

Program (EWP)

•	 Environmental Quality Incentives 

Program (EQIP)

•	 Farm and Ranch Lands Protection 

Program (FRPP)

•	 Grassland Reserve Program (GRP)

•	 Healthy Forests Reserve Program 

(HFRP)

•	 Watershed Protection and Flood 

Prevention Program (WPFPP)

•	 Wetlands Reserve Program (WRP)

•	 Wildlife Habitat Incentives Program 

(WHIP)

•	 Occurred despite a good faith 

effort by you to meet all program 

requirements. 

For you to receive equitable relief, you:

•	 Must submit an official written 

request to NRCS; and

•	 May be required to remedy 

the failure to meet the program 

requirements or to mitigate the 

effects of non-compliance. 

How Equitable Relief Is Granted

Equitable relief is granted by the NRCS 

State Conservationist after consultation 

with the USDA Office of General Counsel. 

In certain cases, the NRCS Chief may be 

consulted for final determination. The 

U.S. Secretary of Agriculture is the only 

person who can reverse an equitable 

relief decision. 

How to Request Equitable Relief

You must submit a request for 

equitable relief in writing to your State 

Conservationist within 30 calendar 

days of being officially notified that 

you are not in compliance with program 

requirements. The address can be 

found in your local phonebook or 

at www.nrcs.usda.gov.

What Is Equitable Relief?

Equitable relief is a form of assistance 

available to certain U.S. Department of 

Agriculture (USDA), Natural Resources 

Conservation Service (NRCS) program 

participants. If you have been found to 

not be in compliance with a program’s 

guidelines, you may be eligible for 

equitable relief.

Recipients of equitable relief can:

•	 Retain and continue to receive loans, 

payments, or other benefits under the 

covered program;

•	 Continue to participate in the program 

based on a previously established 

contract;

•	 Re-enroll all or part of the land 

covered by the applicable 

conservation program; and

•	 Receive other benefits deemed 

appropriate by the NRCS Chief. 

Who Is Eligible

You may apply for equitable relief if you 

are an NRCS program participant who 

has been officially notified that NRCS 

considers you non-compliant with the 

requirements of a program. 

For you to qualify for equitable relief, the 

problem must have: 

•	 Resulted from your good faith reliance 

on incorrect information from or action 

by an official of NRCS; or

How Can It Help You?

Attachment A