§ 704.24 - Performance based upon advice or action of representatives of the Department or a Conservation District.

(a) Notwithstanding any other provision of law, performance rendered in good faith in reliance upon the action or advice of any authorized representative of a CD (where performance relates to the Conservation Plan or the erodibility determination), a representative of NRCS, or the STC or COC (where performance relates to any other program requirement) may be accepted by the Chief of NRCS or the Deputy Administrator, as applicable, as meeting the requirements of this program. The Chief of NRCS or the Deputy Administrator respectively, may grant relief because of such good faith reliance to the extent it is deemed desirable in order to provide fair and equitable treatment.

(b) The provisions of this section shall be applicable only if a person relied upon the action or advice of an authorized representative of a CD, NRCS, or the STC or COC, in rendering performance which the person believed in good faith met the requirements of the program established by this part. The authority provided in this section does not extend to cases where the person knew or had sufficient reason to know that the action or advice of the authorized representative of NRCS or the STC or COC, upon which the person relied was improper or erroneous, or where the person acted in reliance on the person's own misunderstanding or misinterpretation of program provisions, notices or advice.

(c) Any person seeking consideration under the provisions of this section may file a request therefor with the local NRCS field office and the COC (where performance related to the Conservation Plan or erodibility determination) or the COC (where performance relates to any other program requirement).