For Nebraska and Minnesota owners considering CRP renewal, the approved contract and field restrictions come before a crop lease. As of October 17, 2026, federal duties depend on contract status and conservation requirements. The Farm Service Agency handles contract questions. Confirm the acres, dates, and permitted use before promising possession to a tenant.
What should you confirm before offering the field to a tenant?
Confirm which approved contract covers the proposed acres, when it ends, and which separate restrictions affect the intended use.
I’d start with the approved CRP-1 and its conservation plan. A submitted offer doesn’t establish an approved replacement contract.
Match the map to the field. A tenant may want one part of a tract while different records cover another part.
You also need the intended work. Growing crops, cutting hay, and installing drainage can raise different questions.
Say a tenant wants possession before spring fieldwork. Before agreeing, I’d compare the proposed acres with the actual contract papers.
The proposed possession date should fit what those papers allow. An old signup announcement can’t answer a field-specific contract question.
An active contract carries duties under its terms and conservation plan. A contract that ended may leave separate requirements in place.
Quick facts
- Offer submitted: Does not establish approval.
- Active contract: Contract and conservation-plan duties continue.
- Expired contract: Check separate conservation rules and recorded restrictions.
- Later enrollment: Check the applicable signup and land eligibility before making lease promises.
What did FSA’s enrollment notice say about expiring contracts?
The notice distinguished new enrollment authority from the payments and duties associated with already approved contracts.
In its September 25, 2026 notice, the Farm Service Agency described an enrollment-processing pause unless Congress restored authority.
It directed that new offers and re-enrollment offers not be processed or approved after September 30 without renewed authority.
Existing approved contracts retained payments under their terms. That statement doesn’t give an expired contract another paid year.
The notice also gave continuous-enrollment guidance for certain expiring acres. It covers acres expiring September 30, 2026, without a re-enrollment offer submitted before May 1, 2026. Those acres face new-acre eligibility requirements for a later offer.
That passage concerns Continuous CRP Signup 65. Ask FSA which signup and requirements apply to the field you intend to lease.
I’d use the notice to identify the questions to ask, then confirm present contract status before signing. A proposed lease shouldn’t assume a future approval.
What should Nebraska owners check before returning ground to crops?
Nebraska owners should check federal conservation requirements and recorded restrictions before promising a particular cropping or drainage plan.
The contract end date is one piece. Keeping federal farm benefits on highly erodible ground generally requires an approved conservation plan or system.
I’d take a map to the Natural Resources Conservation Service, or NRCS. Mark the crop acres and any proposed drainage work.
Ask which erosion plan and wetland determination apply to those acres. A neighbor’s determination doesn’t establish your field’s status.
Wetland conversion can affect federal benefits. Exceptions and relief depend on the activity, the land, and the program involved.
A wet area isn’t automatically governed the same way as another wet area. The existing determination and proposed change need attention.
Ask FSA whether the conservation-compliance certification needs updating. Form AD-1026 may need a new filing when activities change the earlier certification.
These federal checks don’t answer every recorded restriction or work-permit question. I’d settle those field-specific questions before approving the work in a lease.
What additional recorded restrictions should Minnesota owners review?
Minnesota owners should check for a separate conservation easement, including its map, duration, and restrictions on the proposed activity.
The federal contract and a state easement are different documents. The end of one doesn’t erase the other.
Under Minnesota’s Reinvest in Minnesota law, an easement may be permanent or last for a limited term. Certain restoration easements must be permanent.
Those easements restrict agricultural crop production and grazing unless specifically approved under the statute’s conservation-management or extreme-drought provisions.
That isn’t a general permission to crop. I’d read the actual recorded agreement before describing what the tenant may do.
The map matters, too. A lease description that includes restricted acres can promise more usable ground than the owner can deliver.
Minnesota ground also needs the applicable federal erosion and wetland checks. The easement review doesn’t replace the NRCS determination.
Bring both sets of records to the lease discussion. They answer different questions about the same proposed fieldwork.
How can a lease address a later approved program contract?
It can address a later approved contract, including notice, possession, planted crops, and agreed costs.
I’d compare a one-year term with a longer agreement containing a carefully written program clause. Neither choice answers every field question.
Picture a tenant buying seed for the coming season while the owner hopes to enroll later. Those expectations need to fit together.
If a clause allows an early end, discuss how notice reaches the tenant. Also address crops already planted and costs already incurred.
The clause should identify the event that changes the lease. A possible future signup and an approved contract aren’t the same event.
I think deciding who bears those costs before spring work is better than leaving the question for later.
Keep the terms tied to the actual plan. A tenant shouldn’t have to guess whether the owner intends to offer the entire field.
Midwest Ag Law’s farm leases and land agreements page explains the related review service. The agreement still needs to fit your acres and intended use.
Which records make a lease discussion more useful?
The approved contract, maps, conservation records, restrictions, and proposed lease terms give the discussion a concrete starting point.
I’d mark the ground the tenant expects to crop. Include any strip, corner, or drainage work that changes how the field will be used.
Bring the conservation plan and relevant wetland determination rather than relying on how the field looks today. Grass doesn’t show a legal boundary.
The proposed lease should state possession dates and intended activities clearly. Keep unresolved field permissions separate from assumptions about rent.
You can also identify the decision that needs an answer first. Confirming whether particular acres can be cropped may come before negotiating a program clause.
Frequently asked questions
How do I know when my CRP contract ends?
Ask FSA to confirm the end date on the approved contract and any approved changes. Compare the mapped acreage with the land you’re offering, because the lease may cover a different area.
Can you bale hay on CRP land?
Haying on active contract ground depends on the applicable program provisions and conservation plan. Check with FSA about approvals and conditions before cutting, rather than relying on another county’s announcement.
How to enroll land in CRP?
Start by asking FSA which signup can accept an offer under present authority and whether your acres qualify. An offer still needs the required acceptance and contract approval before you rely on it in a lease.
What is the next step before signing for former CRP ground?
If you’re about to rent out former CRP ground, I’d check the field records alongside the proposed agreement.
Midwest Ag Law can review your Nebraska or Minnesota lease before you sign. Reach us at www.midwestag.law to discuss the planned acres and work.
For recurring land questions, subscription general counsel provides a lawyer on call for a flat monthly fee.
Kole
Kole Pederson is an attorney licensed in Nebraska and Minnesota and the founder of Midwest Ag Law.
This article is for general education only and is not legal advice for your situation.
Kole Pederson, attorney licensed in Nebraska and Minnesota, founder of Midwest Ag Law in Henderson, Nebraska.
References
7 C.F.R. § 1410.20(a) (active-contract obligations and conditional haying).
Minn. Stat. § 103F.515, subdivs. 3-4 (easement duration and land-use restrictions).
7 C.F.R. § 1410.63(f)-(g) (conditional haying uses and limits).
