Notwithstanding any other provision of this part, a determination of NRCS issued to a participant pursuant to Title XII of the Food Security Act of 1985, as amended, including a wetland determination, may be appealed to the county committee in accordance with the procedures in this part.
If the county committee hears the appeal and believes that the challenge to the NRCS determination is not frivolous, the county committee shall refer the case with its findings on other issues to the NRCS State Conservationist to review the determination, or may make such a referral in advance of resolving other issues.
A decision of the county committee not to refer the case with its findings to the NRCS State Conservationist may be appealed to the State Committee.
The county or State committee decision must incorporate, and be based upon, the results of the NRCS State Conservationist's review and subsequent determination.
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