The U.S. Department of Agriculture (USDA) is requesting comments on financial support to those discriminated against by the USDA in its farm lending programs. The “Inflation Reduction Act of 2022 (“section 22007”) directs the U.S. Department of Agriculture (USDA) to provide financial assistance for producers and landowners determined to have experienced discrimination in the Department of Agriculture’s farm lending program.” By giving your comments, you are helping the USDA in its efforts to design and implement policy that best serves those the program was designed to help.
Recognizing that past discriminatory practices hurt black and brown farmers and violated the trust between them and the department, the USDA is providing $2.2 billion as a step towards rebuilding the trust and “directly acknowledging the wrongs that have been committed and taking concrete actions to offset those wrongs.”
The detailed Notice of Request document outlines the input the USDA seeks on how to identify those who experienced discrimination and the kind of evidence required to back up the claim. Some of the questions include:
- Should USDA attempt to estimate only economic losses or also non-economic losses of those who have suffered discrimination in USDA farm loan programs when calculating the amount of financial assistance provided? Alternatively, should USDA apply a fixed, uniform formula for calculating the amount of financial assistance provided? In any case, how should that calculation be done?
- Should previous payments received for past claims of discrimination be considered in determining financial assistance available under section 22007?
- Are there forms of non-monetary equitable relief that can be used in conjunction with the financial assistance provided under section 22007 for those who have experienced discrimination and who continue to farm or continue to participate in USDA farm loan programs?
- How, if at all, should USDA consider the recency of the discrimination as determined by the Secretary when determining appropriate level of financial assistance?
You will also be able to provide feedback on USDA using third-party entities (entity) to provide assistance.
People interested in participating must submit comments to Federal Register by 11:59 p.m. Eastern Time November 14, 2022.
