§ 1400.504 — Exceptions.

§ 1400.504 Exceptions.

(a) Beginning with program year 2026 unless otherwise specified, the $900,000 average adjusted gross income limitation of this subpart is waived for a person or legal entity when:

(1) The person or legal entity derives 75 percent or more of their average gross income from farming, ranching, or silviculture activities;

(2) The program payment or benefit is an excepted payment as provided in paragraph (b) of this section; and

(3) The person or legal entity provides a certification acceptable to FSA that is verified by a licensed certified public accountant, attorney, or an authorized enrolled agent.

(b) Beginning with program year 2026 unless otherwise specified and for the purpose of this subpart, an excepted payment or benefit means a payment or benefit issued through:

(1) The Livestock Forage Disaster Program (LFP), Livestock Indemnity Program (LIP), and the Emergency Assistance for Livestock, Honeybees and Farm-raised Fish Program (ELAP), part 1416 of this chapter;

(2) The Tree Assistance Program (TAP), part 1416 of this chapter;

(3) The Noninsured Crop Disaster Assistance Program (NAP), part 1437 of this chapter;

(4) The Conservation Reserve Program (CRP), part 1410 of this chapter received on or after October 1, 2024; and

(5) The Natural Resources Conservation Service (NRCS) conservation programs of this title including, but not limited to, the Agricultural Management Assistance (AMA) program, Conservation Stewardship Program (CSP), Environmental Quality Incentives Program (EQIP), and Agricultural Conservation Easement Program (ACEP), received on or after October 1, 2024.

[91 FR 32887, June 2, 2026]