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July 11, 2022
Farm Bill Primer: Support for Native Agricultural Producers
The 2018 farm bill (Agriculture Improvement Act of 2018;
lands and resources,” citing also the need to fulfill federal
P.L. 115-334) expanded federal farm program support for
trust responsibility and promotion of tribal self-
Native agricultural producers and tribal communities.
determination and emphasizing agriculture’s significance to
Congress further enhanced community and economic
tribal economic development. Since AIRMA’s enactment,
development for tribes in the Indian Community Economic
BIA’s Branch of Agriculture and Rangeland Development
Enhancement Act of 2020 (P.L. 116-261) and provided
has been managing “tribal agricultural programs.” In
additional support for historically underserved agricultural
addition to BIA program funding, Congress has continued
producers, including Native producers, in the American
to address Native agriculture by amending USDA programs
Rescue Plan Act of 2021 (P.L. 117-2). In the next farm bill,
to expand access to farm credit and research/extension
expected in 2023, groups supporting Native agriculture are
services (e.g., P.L. 100-233, Title VI; P.L. 101-624, Titles
calling for additional support related to production services
XVI and XVIII). Congress also added Tribal Colleges and
and credit, nutrition and food sovereignty, and economic
Universities (TCUs), or 1994 Institutions, to the land-grant
development for tribal producers and communities.
university system (P.L. 103-382, Title V).
Native Farmers and Ranchers
Figure 1. Native Farms, Percent of U.S. Farms, 2017
More than 79,000 farmers and ranchers identify as
American Indian or Alaska Native, including producers
identifying in combination with another race, according to
the U.S. Department of Agriculture (USDA). In 2017,
Native agricultural producers accounted for 2% of all U.S.
producers. Native agricultural sales were $3.5 billion in
2017, or about 1% of all U.S. farm-level sales. Most Native
producers (46%) are located in Arizona and Oklahoma
(Figure 1). Other leading states were New Mexico, Texas,
California, Montana, Missouri, Utah, Arkansas, Alabama,
Oregon, and South Dakota. These operations cover 59
million acres of farm and grazing land. Native producers,
however, may lack legal title to land often held in trust by
the federal government. (For more background, see CRS
Report R46647, Tribal Land and Ownership Statuses:
Source: USDA, 2017 Census of Agriculture, “American Indian/Alaska
Overview and Selected Issues for Congress.)
Native Producers,” October 2019. Native farms as a share of al
farms. Based on 42,705 American Indian or Alaska Native farms.
In statute, support for Native producers references the
Following enactment of the 2018 farm bill, USDA now has
definition of Indian tribe in the Indian Self-Determination
and Education Assistance Act (ISDEAA; P.L. 93-638, 25
limited authority for contracting under ISDEAA, allowing
U.S.C. §5304(e)). The Bureau of Indian Affairs (BIA) of
an Indian tribe or group of tribes to negotiate contracts to
administer programs, functions, services, or activities that a
the Department of the Interior (DOI) reports 574 federally
recognized Indian tribes are eligible to receive services,
federal agency performs for an Indian tribe and its
including farm program support. Alternatively, some
members. These are known as 638 contracts or compacts or
self-determination contracts and must conform to statutory
statutes specifically reference Native Americans, American
Indians, Alaska Natives, or Native Hawaiians. Some
and regulatory standards, including specific performance
statutes use terms such as tribal groups or Indian tribal
and recordkeeping requirements. Previously, these contracts
organizations that are defined in statute or regulation.
were limited to DOI or Department of Health and Human
Services programs. The 2018 farm bill authorized USDA to
Federal Role in Native Agriculture
enter into demonstration project contracts under ISDEAA
to empower a tribe or tribal organization to negotiate a 638
As the agency delegated to implement many federal statutes
addressing Indian tribes, BIA has been the lead agency for
contract to perform certain program functions on Indian
providing agricultural programs and services to Indian
forestlands. The 2018 farm bill also authorized USDA to
contract with a tribe or tribal organizations to perform
tribes, often contracting with and transferring funds to
USDA for farm programs (e.g., the Cooperative Extension
purchasing functions under its Food Distribution Program
System). In 1993, Congress enacted the American Indian
on Indian Reservations (FDPIR). Unlike DOI, which is
authorized to enter into a self-governance compact or single
Agricultural Resource Management Act (AIRMA; P.L.
103-177, 25 U.S.C. Ch. 39) intended to “improve the
annual funding agreement for the tribe to administer all the
management, productivity, and use of Indian agricultural
Indian programs that the agency administers for that tribe
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Farm Bill Primer: Support for Native Agricultural Producers
(25 U.S.C. §§5381-5389), USDA is not authorized to enter
sovereignty plays in improving the future for Native
into self-governance compacts.
Americans” (see https://www.nativefarmbill.com/; and
https://indigenousfoodandag.com/).
USDA has a formal tribal consultation policy and an Office
of Tribal Relations to conduct formal, government-to-
The 117th Congress has introduced legislation seeking to
government meetings between USDA officials and tribal
address the needs of Indian tribes and their producers. Some
nations. USDA has launched its Indigenous Food
bills would give tribes more control over Supplemental
Sovereignty Initiative, where indigenous food sovereignty
Nutrition Assistance Program (SNAP) administration (H.R.
broadly refers to developing and strengthening tribal
6334/S. 2757); others would expand self-governance
nations’ efforts to build and protect tribal traditional food
authority for other types of community services (H.R.
systems and allowing tribes to respond to their own dietary
4705/S. 2492; H.R. 4995; H.R. 4504; H.R. 1047; H.R.
needs. USDA’s Equity Action Plan includes policies
3370; H.R. 1721). Other legislation would expand support
promoting tribal self-determination to enable greater self-
for historically underserved producers, including Native
governance and decisionmaking by tribes. USDA’s Equity
producers. These efforts generally seek to address perceived
Commission also includes tribal representation. These
discrimination and inequities in accessing USDA services
efforts, in part, address concerns related to equity and
and assistance—such as through loan forgiveness, targeted
access to USDA services highlighted in the class action
assistance, and instituting reforms at USDA. Congress may
lawsuit, Keepseagle v. Vilsack. In that case, Native farmers
consider these and other Native agriculture and community
and ranchers sued USDA under the Equal Credit
priorities as it debates another farm bill.
Opportunity Act (15 U.S.C. §1691), claiming the
department discriminated against them when they tried to
The Coalition’s Proposed Farm Bill Priorities
participate in USDA farm loan programs between 1981 and
Title I, Commodities: Establish tribal representatives on local
1999. The 2010 settlement in that case provided $760
county committees. Amend livestock disaster assistance.
million, including a $680 million compensation fund and
$80 million in debt relief.
Title II, Conservation: Provide flexible conservation program
delivery and alternative funding arrangements. Recognize
Tribal Views on the 2018 Farm Bill
alternative conservation practices and tribal priorities.
The Native Farm Bill Coalition (Coalition), representing
Title III, Trade: Promote parity in USDA trade programs.
Support trade and address fraud in tribally produced foods.
208 tribes and 62 related organizations, claims Native
farmers and ranchers have “been largely relegated to the
Title IV, Nutrition: Amend FDPIR, making permanent/expand
margins of Farm Bill discussions for decades,” thus
self-governance (638 authority). Expand parity/sovereignty under
“
SNAP and the Emergency Food Assistance Program (TEFAP).
missing out on major opportunities to protect and advance
Expand purchases of tribally procured/produced foods.
their interests.” The Coalition’s concerns, along with those
of other groups (such as the First Nations Development
Title V, Credit: Expand access to credit and authorize a pilot
program relaxing certain requirements and providing flexibility.
Institute, the Indigenous Food and Agriculture Initiative,
the Intertribal Agriculture Council, and the Intertribal
Title VI, Rural Development: Expand tribal set-asides and the
Timber Council) are highlighted in Regaining Our Future,
Substantially Underserved Trust Area designation for all USDA
Rural Development programs.
a 2017 study by the University of Arkansas’s Indigenous
Food and Agriculture Initiative. These groups assert the
Title VII, Research: Expand youth grants, set-asides, and TCU
2018 farm bill contained more than 60 provisions relating
eligibility in USDA research, extension, and education funding.
Ful y fund the Federally Recognized Tribes Extension Program.
to Native agricultural producer and communities, resulting
in “unprecedented” farm policy gains for tribes. Provisions
Title VIII, Forestry: Transfer lands back to Tribal Nations.
supporting Native agriculture and communities span many
Extend/expand 638 authority in USDA forestry programs. Give
ful authority for tribes to retain/utilize revenue from Good
USDA programs related to production, rural infrastructure,
Neighbor Agreement projects. Protection for Sacred Sites.
economic development, conservation, forestry, and
nutrition assistance. See CRS In Focus IF11287, 2018 Farm
Title IX, Energy: Ensure tribal eligibility and set-asides in USDA
energy programs. Develop tribal solar/bio-based grants.
Bill Primer: Support for Indian Tribes.
Title X, Horticulture: Protect Native seeds and traditional
Considerations for the Next Farm Bill
foods. Expand support for tribes under USDA horticulture
programs. Acknowledge tribal sovereignty in pesticide regulation.
Tribal groups continue to call for expanding tribal self-
governance authority and for reducing barriers to
Title XI, Crop Insurance: Allow tribal insurance companies to
implementing USDA’s food and nutrition programs and
insure tribal producers, and appoint tribal producers to oversight
board. Expand training and technical assistance. Develop crop
certain land policies. For example, in advance of the next
farm bill, the Coalition’s priorities include proposed
insurance for traditional foods/livestock.
changes across each of the farm bill titles (see text box).
Title XII, Miscellaneous: Apply 638 authority to all USDA
programming, and create a 638 Office at USDA. Recognize tribal
Priorities include expanding 638 authority for tribes in
departments of agriculture. Allow tribes to buy certain available
USDA programming, providing for indigenous food
USDA lands. Expand assistance, hiring preferences, procurement,
sovereignty and greater autonomy for TCUs and tribal
and col aboration/cooperation within USDA and other federal
extension services, and prioritizing tribes in USDA grants,
agencies. Increase food assistance programs for urban Indian
among other priorities. The Coalition also has facilitated a
communities. Study fraud/cultural appropriation of Native foods.
Tribal Caucus for Hunger, Nutrition, and Health. Priorities
Source: CRS from Native Farm Bil Coalition, “Resources and
cover expanding Native food systems, programs, and
Updates,” at https://www.nativefarmbil .com/resources-updates.
policies, emphasizing “the important role that food
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Farm Bill Primer: Support for Native Agricultural Producers
IF12160
Renée Johnson, Specialist in Agricultural Policy
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https://crsreports.congress.gov | IF12160 · VERSION 1 · NEW