7 CFR § 636.14 - Misrepresentation and scheme or device.

---
identifier: "/us/cfr/t7/s636.14"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 636.14 - Misrepresentation and scheme or device."
title_number: 7
title_name: "Agriculture"
section_number: "636.14"
section_name: "Misrepresentation and scheme or device."
chapter_name: "NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE"
subchapter_number: "D"
subchapter_name: "LONG TERM CONTRACTING"
part_number: "636"
part_name: "WILDLIFE HABITAT INCENTIVE PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 3839bb-1."
regulatory_source: "75 FR 71338, Nov. 23, 2010, unless otherwise noted."
cfr_part: "636"
---


# 636.14 Misrepresentation and scheme or device.

(a) A participant who is determined to have erroneously represented any fact affecting a program determination made in accordance with this part, will not be entitled to cost-share agreement payments and must refund to NRCS all payments and pay liquidated damages, plus interest, as determined by NRCS.

(b) A participant will refund to NRCS all payments, plus interest, as determined by NRCS, with respect to all NRCS cost-share agreements to which they are a party if they are determined to have knowingly:

(1) Adopted any scheme or device that tends to defeat the purpose of the program;

(2) Made any fraudulent representation; or

(3) Misrepresented any fact affecting a program determination.

(c) Other NRCS cost-share agreements where this person is a participant may be terminated.