Notice2022-22435
Notice of Request for Public Comment on Providing Financial Assistance for Producers and Landowners Determined To Have Experienced Discrimination
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 14, 2022
Issuing agencies
Agriculture Department
Abstract
Section 22007 of 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 programs. To help us design and implement policy to best provide the direct support called for by this provision, USDA is seeking input from the public to ensure that relevant information is considered. Accordingly, USDA is interested in your comments in response to the topics, categories, and questions presented in the SUPPLEMENTARY INFORMATION section of this document.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 198 (Friday, October 14, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62359-62360]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22435]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 /
Notices
[[Page 62359]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
[Docket Number: USDA-2022-0015]
Notice of Request for Public Comment on Providing Financial
Assistance for Producers and Landowners Determined To Have Experienced
Discrimination
AGENCY: Office of the Secretary, U.S. Department of Agriculture.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: Section 22007 of 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 programs. To help us design and implement policy to best
provide the direct support called for by this provision, USDA is
seeking input from the public to ensure that relevant information is
considered. Accordingly, USDA is interested in your comments in
response to the topics, categories, and questions presented in the
SUPPLEMENTARY INFORMATION section of this document.
DATES: Interested persons are invited to submit comments on or before
11:59 p.m. Eastern Time November 14, 2022.
ADDRESSES: Comments may be submitted online via the Federal eRulemaking
Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for the Docket No.
USDA-2022-0015. Follow the online instructions for submitting comments.
All comments received will be posted without change and publicly
available on <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Liz Archuleta; telephone: (202) 720-
7095; Email: <a href="/cdn-cgi/l/email-protection#b0f5c1c5d9c4c9e2f6f9f0c5c3d4d19ed7dfc6"><span class="__cf_email__" data-cfemail="2c695d594558557e6a656c595f484d024b435a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 22007 provides $2.2 billion for
financial assistance for producers determined to have experienced
discrimination in the Department of Agriculture's farm lending programs
prior to January 1, 2021.
When USDA commits acts of discrimination, it not only hurts the
individuals and entities directly impacted, it also breaks a trust with
those directly affected and the communities of which they are part.
This program provides USDA the ability to provide financial assistance
for those who have been harmed in USDA's farm lending programs, but
more fundamentally is about providing USDA the tools to rebuild that
trust by directly acknowledging the wrongs that have been committed and
taking concrete actions to offset those wrongs. It is critical that
USDA restore and maintain the trust of individuals and communities
where trust has been broken. A trusting and mutually supportive
relationship between agricultural producers and USDA is essential to a
safe and secure food supply chain and our nation's ability to produce
food, feed, and fiber that is key to our daily lives and the US
economy. USDA is seeking input from individuals, stakeholder
organizations, and others on the options for implementation of this
provision.
In doing so, USDA also aims to continue to demonstrate its
commitment to upholding civil rights and making progress towards
establishing and maintaining trust with agricultural producers.
The purpose of this notice is to request information and input on
how USDA should implement this transformative authority. The input
received relating to implementation of this program may inform future
USDA equity activities.
Specifically, USDA is requesting public comment on the following
issues and on other implementation issues that are not included on this
list.
Issues for Consideration
The first issue in implementing section 22007 is the identification
of those who are eligible for financial assistance. By the terms of the
statute, relief under this provision is for ``farmers, ranchers, or
forest landowners determined to have experienced discrimination prior
to January 1, 2021, in Department of Agriculture farm lending
programs.'' USDA specifically requests input from the public on this
issue, including on questions such as:
<bullet> How should USDA identify those who have experienced
discrimination under the USDA farm loan programs?
<bullet> What kind of documentation or evidence should be submitted
in support of a determination of discrimination?
The second issue in implementing section 22007 is for those
determined eligible, what factors should be considered in determining
the amount and type of financial assistance provided. Under section
22007, ``the amount of financial assistance provided to a recipient may
be not more than $500,000, as determined to be appropriate based on any
consequences experienced from the discrimination.'' USDA specifically
requests input from the public on this issue, including on questions
such as:
<bullet> 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?
<bullet> Should previous payments received for past claims of
discrimination be considered in determining financial assistance
available under section 22007?
<bullet> 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?
<bullet> How, if at all, should USDA consider the recency of the
discrimination as determined by the Secretary when determining
appropriate level of financial assistance?
The third issue concerns the administration of the financial
assistance program, including the role of the third-party entity (or
entities) versus the role of USDA, selection of the third-party entity
(or entities), and key components relating to the process of
determining delivery of financial assistance. Section 22007 provides
that the ``program shall be administered
[[Page 62360]]
through 1 or more qualified nongovernmental entities selected by the
Secretary subject to standards set and enforced by the Secretary.''
USDA specifically requests input from the public on this issue,
including on questions such as:
<bullet> What specific functions should the third-party entity (or
entities) perform in assisting USDA in delivering financial assistance
provided for under section 22007 to those who suffered discrimination
under the USDA farm loan programs?
<bullet> What criteria should USDA use in the selection of the
third-party entity (or entities)?
<bullet> What guidance should USDA provide to the selected entity
(or entities)?
The fourth issue is the linkage or leveraging, if any, between the
financial assistance provided in this program and other USDA programs.
USDA specifically requests input from the public on this issue,
including on questions such as:
<bullet> How should USDA use programs, funding, financial support,
and other authorities, in conjunction with section 22007 financial
assistance, to provide support for those who have experienced
discrimination under the USDA farm loan programs?
Civil Rights Complaint
Information submitted through this document will not be processed
as a civil rights complaint and will not be considered a complaint for
determining whether a complaint was timely submitted.
To file a discrimination complaint on interactions with USDA, you
can complete the form: <a href="https://www.usda.gov/sites/default/files/documents/Complain_combined_6_8_12_508.pdf">https://www.usda.gov/sites/default/files/documents/Complain_combined_6_8_12_508.pdf</a>.
You may submit the discrimination complaint to USDA by any of the
following methods:
Mail: U.S. Department of Agriculture, Director, Center for Civil
Rights Enforcement, 1400 Independence Avenue SW, Washington, DC 20250-
9410.
Fax: (202) 690-7442; or
Email: <a href="/cdn-cgi/l/email-protection#addddfc2cadfccc083c4c3d9ccc6c8edd8dec9cc83cac2db"><span class="__cf_email__" data-cfemail="09797b666e7b68642760677d68626c497c7a6d68276e667f">[email protected]</span></a>.
If you need any assistance completing the form, call the following
phone numbers:
<bullet> (202) 260-1026 (Local),
<bullet> (866) 632-9992 (Toll-free Customer Service),
<bullet> (800) 877-8339 (Local or Federal relay), or
<bullet> (866) 377-8642 (Relay voice users).
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, USDA, its
Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family or parental status, income derived from a public
assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or
funded by USDA (not all bases apply to all programs). Remedies and
complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (for example, braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible agency or USDA TARGET Center at (202) 720-2600 or 844-433-
2774 (toll-free nationwide). Additionally, program information may be
made available in languages other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> and
at any USDA office or write a letter addressed to USDA and provide in
the letter all the information requested in the form. To request a copy
of the complaint form, call (866) 632-9992. Submit your completed form
or letter to USDA by mail to: U.S. Department of Agriculture, Office of
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
Washington, DC 20250-9410 or email: <a href="/cdn-cgi/l/email-protection#cc838d8f8cb9bfa8ade2aba3ba"><span class="__cf_email__" data-cfemail="8dc2cccecdf8fee9eca3eae2fb">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Elizabeth Archuleta,
Director, Office of Intergovernmental & External Affairs, U.S.
Department of Agriculture.
[FR Doc. 2022-22435 Filed 10-13-22; 8:45 am]
BILLING CODE 3410-90-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.