(a) Eligible applicant. To apply for CSP, a producer must—

1. (1) Be the operator, owner, or other tenant of an agricultural operation in the Farm Service Agency (FSA) farm records management system. Applicants must establish or update records with FSA before NRCS will consider an applicant as eligible;
2. (2) Share in the risk of producing a crop; share in the crop available for marketing from the farm (or would have shared had the crop been produced); and participate in the daily management, administration, and performance of the operation for the land included in the contract;
3. (3) Have effective control of the land unless an exception is made by the Chief in the case of land administered by the Bureau of Indian Affairs, Indian lands, or other instances in which NRCS determines that there is sufficient assurance of control;
4. (4) Be in compliance with the highly erodible land and wetland conservation provisions found at 7 CFR part 12;
5. (5) Be in compliance with adjusted gross income provisions found at 7 CFR part 1400;
6. (6) Supply information, as required by NRCS, to determine eligibility for the program, including but not limited to, information related to eligibility requirements and ranking factors; conservation activity and production system records; information to verify the applicant's status as an historically underserved producer, if applicable; and payment eligibility as established by 7 CFR part 1400; and
7. (7) Provide a list of all members of the legal entity or joint operation, as applicable, and embedded entities along with members' tax identification numbers and percentage interest in the legal entity or joint operation. Where applicable, American Indians, Alaska Natives, and Pacific Islanders may use another unique identification number for each individual eligible for payments.

(c) Ineligible land. The following lands (even if covered by the definition of eligible land in § 1470.3) are part of the agricultural operation, but are not eligible for enrollment in CSP:

1. (1) Land enrolled in the Conservation Reserve Program (CRP), 7 CFR part 1410, unless—

   1. (i) The conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and
   2. (ii) Conservation reserve program payments for land enrolled in the program cease before the first program payment is made to the applicant under this subchapter;
2. (2) Land enrolled in a wetland reserve easement through the Agricultural Conservation Easement Program, 7 CFR part 1468; and

3. (3) Land used for crop production after December 20, 2018, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date, unless the land does not meet such requirements because that land—

   1. (i) Had previously been enrolled in CRP;
   2. (ii) Has been maintained using long-term crop rotation practices as determined by the NRCS; or
   3. (iii) Is incidental land needed for efficient operation of the farm or ranch as determined by NRCS.