2018 Farm Bill Primer: Support for Indian Tribes

2018 Farm Bill Primer: Support for Indian Tribes

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August 12, 2019
2018 Farm Bill Primer: Support for Indian Tribes
The 2018 farm bill (Agriculture Improvement Act of 2018,
operators specialized in beef cattle (36% of all farms),
P.L. 115-334) expanded existing programs administered by
combination of animals (17%), sheep and goats (16%),
the U.S. Department of Agriculture (USDA) to support
combination of crops (15%), and vegetables (6%).
production, economic and community development, and
American Indian and Alaska Native farms and ranches tend
nutrition for Native American communities and producers.
to be smaller than the average U.S. farm/ranch in terms of
sales, with an average market value of products sold of
The Native Farm Bill Coalition—representing 170 member
$50,398 per farm/ranch, compared to $187,097 per
tribes, Native organizations, and allies—asserts that there
farm/ranch for all U.S. farms in 2012.
are more than 60 provisions in the 2018 farm bill relating to
Figure 1. American Indian Farm Operators, 2012
Native American communities and producers, resulting in
“unprecedented” gains in farm policy compared to previous
farm bills. According to the coalition, Native American
farmers and ranchers have “been largely pushed to the
margins of farm bill discussions for decades,” thus “missing
out on major opportunities to protect and advance their
interests.” These and related concerns are highlighted in a
2017 study (Regaining Our Future) by the Indigenous Food
and Agriculture Initiative (IFAI) at the University of
Arkansas School of Law. Some Native American farmers
have also alleged discrimination by USDA. In 1999, some
Native American farmers filed a class action lawsuit
(Keepseagle v. Vilsack) seeking compensation for loan

discrimination from 1981 to 1999, resulting in a $760
Source: USDA, Census of Agriculture. 2017 mapping data not available.
million settlement with USDA in 2010, including $80
million in debt relief.
Provisions in the 2018 Farm Bill
In general, Native American producers and ranchers are
American Indian or Alaska Native Farms eligible for programs available to all farmers and ranchers,
Most federal farm programs reference the definition of
as well as those programs available to residents living in
Indian tribe provided in the Indian Self-Determination and
rural areas. Similarly, members of Native American
Education Assistance Act (ISDEAA, P.L. 93-638):
communities that meet eligibility rules for nutrition
“Indian tribe” means any Indian tribe, band, nation, or other
assistance programs receive benefits and foods as other
organized group or community, including any Alaska Native village
eligible citizens do. In some cases, state-recognized tribes
or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688)
or other Native American communities and producers
[43 U.S.C. 1601 et seq.], which is recognized as eligible for the
might not be explicitly listed as eligible entities in the
special programs and services provided by the United States to
United States Code but might be eligible according to
Indians because of their status as Indians (25 U.S.C. §5304(e)).
requirements for other listed eligible entities. They might
There are currently 573 federally recognized tribes (84
also be eligible for other farm programs based on USDA’s
Federal Register 1200). In addition, Indian tribes or groups
interpretation of the statutory language or its internal
may also be recognized by state governments. Some USDA
priorities in providing service to Native American
programs may be available to Indian tribes based solely
communities and producers, even if their eligibility is not
upon such recognition.
explicitly specified in statute.
The most recent USDA Census of Agriculture data for
Prior to enactment of the 2018 farm bill, according to IFAI,
operators self-reporting their race only as “American Indian
there were “very few ‘Indian-only focused programs, [and]
or Alaska Native” indicates there were 58,199 farms and
very few ‘set-asides’ for tribes.” The 2018 farm bill
ranches operated by American Indians or Alaska Natives in
includes an array of provisions specifically aimed at
the United States in 2017, accounting for nearly 3% of all
supporting Indian tribes. For example, the enacted farm bill
U.S. farms. This compared to 55,889 farms in 2007. About
provides authority, pursuant to P.L. 93-638 (ISDEAA), for
80% of these farms are located in seven states: Arizona,
a federally recognized Indian tribe or tribal organization to
Oklahoma, New Mexico, Texas, Montana, California, and
enter into contracts and compacts with USDA to administer
South Dakota (Figure 1). Apache County, Arizona, had
and transfer funding for specified programs that, in the
more American Indian farmers than any other county. By
absence of such contracts and compacts, would be
commodity specialization (according to more than 50% of a
administered by USDA for the tribe or tribal organization.
farm’s gross sales), farms with American Indian principal
Such contracts or compacts have been negotiated with other
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2018 Farm Bill Primer: Support for Indian Tribes
federal agencies, primarily the Bureau of Indian Affairs and
Selected Provisions in the 2018 Farm Bill
Indian Health Service. They are known as “638 contracts or
Supporting Indian Tribes
 Tribal Promise Zones (§12510). Provides federal agency
resources and technical assistance to work with local leaders to
boost economic activity and job growth, improve educational
opportunities, reduce crime, and leverage private investment to
improve the quality of life in these designated areas.
 Tribal Advisory Committee (§12303). Creates a new Tribal
Advisory Committee to provide advice to USDA on tribal-
related issues and policies throughout the department.
 Equity in Educational Land-Grant Status Act of 1994
(§7502). Adds Nueta Hidatsa Sahnish Col ege and Red Lake
Nation Col ege to the list of 1994 institutions. Reauthorizes
endowment, capacity funds, and grants for tribal col eges.
 New Beginning for Tribal Students (§7120). Creates a new
Native American student scholarship fund for tribal students
attending land-grant universities and col eges.
 Supplemental Agricultural Disaster Assistance (§1501).
Adds tribes and tribal organizations as eligible for support.
 Report on Farm Credit System (§5415). Requires a study
on the availability of farm credit to tribes and tribal producers.
 Underserved Producers (§11108). Includes tribal producers
in definition of underserved producers and requires they receive
adequate federal crop insurance coverage from USDA.
 Loan Refinancing (Title IV Joint Explanatory Statement).
Expresses intention that an existing loan may be refinanced
using the Substantially Underserved Trust Area program.
 Technical Assistance Program (§6302). Establishes a
permanent Rural Development Tribal Technical Assistance
Office across all areas of rural development funding.
 Food Distribution Program on Indian Reservations
(FDPIR) (§4003). In addition to the law’s reauthorization of
the program, increases funding for tribes’ FDPIR administrative
costs and authorizes USDA to develop a demonstration project
for one or more tribal organizations to procure foods for
FDPIR packages under “638 contracts.”
 Tribal Forest Management Demonstration Project
(§8703). Authorizes USDA and the Department of the Interior
to enter into “638 contracts” on a demonstration basis,
whereby a tribe or tribal organization may perform the
administrative and management functions of programs
implementing the Tribal Forest Protection Act.
 Prohibition on Slaughter of Dogs and Cats for Human
Consumption (§12515). Prohibits the slaughter/transportation
of dogs and cats for the purpose of human consumption, with a
religious ceremony exception provided for Indian tribes.
 Tribal College and University Essential Community
Facilities (§6406). Reauthorizes at $10 mil ion annually.
 Water Systems for Rural and Native Villages in Alaska
(§6408). Reauthorized at current funding level and includes
eligibility for tribal consortia (with a 2% set-aside for the
consortia) and Alaska Native vil ages.
 Hemp Production; Interstate Commerce (§10113,
§10114). Authorizes states and tribal authorities to develop and
regulate hemp production in compliance with USDA regulation.
 Eligibility, Representation, and Participation of Indian
Tribes in Various Titles: Rural Development (§§6201, 6204,
6306, 6401, 6419, 6424, 6701), Research (§§7109, 7123, 7206,
7412, 7604, 7609), Nutrition (§§4203, 4205, 4206), Forestry
(§§8102, 8401, 8404, 8405, 8407, 8624, 8643), Conservation
(§§2202, 2204, 2308, 2402, 2503), Horticulture (§§10102,
10116), Trade (§3312), and Miscellaneous (§§12101, 12203,
12301, 12302, 12406, 12409, 12502, 12511, 12608).
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2018 Farm Bill Primer: Support for Indian Tribes

compacts” or “self-determination contracts or compacts”
Students to offer competitive grants to the 1994 agricultural
and must conform to statutory and regulatory standards,
colleges to support recruiting, tuition, experiential learning,
including specific performance and recordkeeping
student services, counseling, and academic advising
requirements. According to IFAI, this authority gives tribes
(§7120). The grants are aimed at improving the retention
the ability to “engage more simply and efficiently with all
and graduation rates of the tribal colleges. The provision
USDA agencies and assure tribal administration and control
authorizes appropriations of $5 million annually for
of the delivery of the vast array of USDA programs.”
FY2019-FY2023. A related provision permits tribal land-
grant colleges offering associate or baccalaureate degrees in
The 2018 farm bill includes provisions that sharpen the
forestry to participate in research supported under the
federal focus on and investment in Native communities and
McIntire-Stennis Cooperative Forestry Act (§7604).
producers across a number of farm programs related to
agricultural production, rural infrastructure, economic
In addition, the Joint Explanatory Statement of the 2018
development, conservation, forestry, and nutrition
farm bill expresses the intent of the conferees on two topics.
assistance. The law also established new programs and
First, under the Rural Development title, the conferees
initiatives specifically aimed at Native American
intend that an existing loan may be refinanced using the
communities and producers within these and other farm bill
Substantially Underserved Trust Area program. Second,
titles, including in the Nutrition and Horticulture titles. (See
under the Research title, the conferees recognize that the
text box.) Two of these provisions further provide “638”
Office of Tribal Relations—USDA’s primary point of
self-governance contract and compact authority. These
contact for consultation and coordination with tribal
include demonstration projects to increase a tribe’s self-
governments—should be within the Office of the Secretary.
governance authority in the Food Distribution Program on
Indian Reservations and forest management.
Considerations for Congress
USDA is currently implementing provisions in the 2018
The 2018 farm bill also makes certain changes regarding
farm bill. Congress could continue to track USDA’s
tribal colleges under the Equity in Educational Land Grant
progress in implementing these provisions as part of its
Status Act of 1994 (§7502). The act gives 36 tribal colleges
general oversight of the 2018 farm bill.
that enroll a large proportion of Native Americans land-
grant status in accordance with the Morrill Act of 1862 (7
Renée Johnson, Specialist in Agricultural Policy
U.S.C. §301 et seq.) that established the 1862 land-grant
Tadlock Cowan, Analyst in Natural Resources and Rural
universities. The 2018 farm bill provides funding to the
Development
1994 agricultural colleges through the Institutions
IF11287
Endowment Fund established within the U.S. Treasury. The
2018 farm bill authorizes the New Beginnings for Tribal

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