Farm Bailout Twist: Keep the Cash for Tiny Uninsured Crop Flops
Published Date: 8/14/2026
Notice
Summary
The Farm Service Agency (FSA) is issuing this notice to announce how it will implement a provision of the Full-Year Continuing Appropriations and Extensions Act, 2025, to allow producers who, in certain circumstances would need to repay ERP 2022 payments, to retain those payments, not to exceed 90 percent of the producer's revenue losses, if a de minimis amount of a producer's revenue loss is attributable to crops that were not insured or covered under the Noninsured Crop Disaster Assistance Program (NAP). Through this Notice, the Secretary is defining "de minimis."
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Keep ERP 2022 Payments If De Minimis
If you got an ERP 2022 Track 2 payment and some of your revenue loss came from crops that were not insured or covered by NAP, you may keep the payment if that uninsured crop loss is less than or equal to 10 percent of your total reported revenue loss. In that case FSA will allow you to retain the payment calculated using the 90 percent ERP factor instead of treating it as an overpayment.
Repayment If Losses Exceed 10%
If your revenue loss from crops that were not insured or covered by NAP is more than 10 percent of your total reported revenue loss, you must repay the overpayment. FSA will recalculate the ERP 2022 payment using a 70 percent factor and require repayment as instructed; FSA is not reopening the ERP 2022 application period or allowing new or amended applications.
Certification, Deadlines, and Records
FSA will notify producers who may qualify to certify that their uninsured/non-NAP crop loss was de minimis; eligible producers must submit Form FSA-524-C within 60 calendar days of that notification. You must keep supporting documentation for 3 years after submitting the certification, and if FSA requests backup you must provide it within 30 calendar days.
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