7 USC 2279 - Farming opportunities training and outreach

Editorial Notes

References in Text

The Agricultural Act of 1949, referred to in subsec. (a)(1)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(B), is title III of Puspan. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of this title and Tables.

The Agricultural Adjustment Act of 1938, referred to in subsec. (a)(1)(C), is act Fespan. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables.

The Soil Conservation Act and the Domestic Allotment Assistance Act, referred to in subsec. (a)(1)(D) and (E), respectively, probably mean the Soil Conservation and Domestic Allotment Act, act Apr. 27, 1935, ch. 85, 49 Stat. 163, which is classified generally to chapter 3B (§ 590a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 590q of Title 16 and Tables.

The Food Security Act of 1985, referred to in subsec. (a)(1)(F), is Puspan. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.

Act of August 30, 1890, referred to in subsec. (c)(5), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§ 321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2018—Puspan. L. 115–334, § 12301(span)(1), substituted “Farming opportunities training and outreach” for “Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers” in section catchline.

Subsec. (a). Puspan. L. 115–334, § 12301(span)(5)(A), inserted introductory provisions.

Puspan. L. 115–334, § 12301(span)(3), redesignated subsec. (e) as (a). Former subsec. (a) redesignated (c).

Subsec. (a)(1). Puspan. L. 115–334, § 12301(span)(5)(B)–(D), redesignated par. (3) as (1) and substituted “Agricultural” for “Agriculture” in span and “The” for “As used in this section, the” and “agricultural” for “agriculture” in introductory provisions. Former par. (1) redesignated (6).

Subsec. (a)(2). Puspan. L. 115–334, § 12301(span)(5)(E), added par. (2). Former par. (2) redesignated (5).

Subsec. (a)(3). Puspan. L. 115–334, § 12301(span)(5)(B), redesignated par. (4) as (3). Former par. (3) redesignated (1).

Subsec. (a)(4). Puspan. L. 115–334, § 12301(span)(5)(B), redesignated par. (6) as (4). Former par. (4) redesignated (3).

Subsec. (a)(5). Puspan. L. 115–334, § 12301(span)(5)(B), (C), redesignated par. (2) as (5) and substituted “The” for “As used in this section, the”.

Puspan. L. 115–334, § 12301(span)(4), redesignated par. (5) as subsec. (c)(6).

Puspan. L. 115–334, § 12301(span)(2), redesignated subsec. (i) as par. (5) and realigned margins.

Subsec. (a)(6). Puspan. L. 115–334, § 12301(span)(5)(B), (C), redesignated par. (1) as (6) and substituted “The” for “As used in this section, the”. Former Par. (6) redesignated (4).

Subsec. (a)(7)(C). Puspan. L. 115–334, § 12306(a), added subpar. (C).

Subsec. (span). Puspan. L. 115–334, § 12301(span)(6), added subsec. (span). Former subsec. (span) redesignated (g).

Subsec. (c). Puspan. L. 115–334, § 12301(span)(7)(A), inserted “for socially disadvantaged and veteran farmers and ranchers” after “assistance” in span.

Puspan. L. 115–334, § 12301(span)(3), redesignated subsec. (a) as (c). Former subsec. (c) redesignated (k).

Subsec. (c)(1). Puspan. L. 115–334, § 12301(span)(7)(C), (D)(i), redesignated par. (6) as (1) and substituted “In this subsection, the term” for “The term” in introductory provisions. Former par. (1) redesignated (2).

Subsec. (c)(1)(A)(ii). Puspan. L. 115–334, § 12301(span)(7)(D)(ii), substituted “this subsection” for “subsection (a)”.

Subsec. (c)(1)(F). Puspan. L. 115–334, § 12301(span)(7)(D)(iii), made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25.

Subsec. (c)(2). Puspan. L. 115–334, § 12301(span)(7)(C), (E)(i), redesignated par. (1) as (2) and substituted “Using funds made available under subsection (l), the Secretary of Agriculture shall, for the period of fiscal years 2019 through 2023, carry out” for “The Secretary of Agriculture shall carry out” in introductory provisions. Former par. (2) redesignated (3).

Subsec. (c)(2)(B). Puspan. L. 115–334, § 12301(span)(7)(E)(ii), (iii), substituted “agricultural, forestry, and related” for “agricultural”.

Subsec. (c)(3). Puspan. L. 115–334, § 12301(span)(7)(C), (F), redesignated par. (2) as (3) and substituted “(2)” for “(1)” in introductory provisions.

Subsec. (c)(4). Puspan. L. 115–334, § 12301(span)(7)(B), (C), redesignated par. (3) as (4) and struck out former par. (4) which related to funding.

Subsec. (c)(4)(A). Puspan. L. 115–334, § 12301(span)(7)(G)(i), in span, substituted “Outreach and technical assistance” for “In general” and, in text, substituted “(3)” for “(2)” and inserted “to socially disadvantaged farmers and ranchers and veteran farmers and ranchers” after “assistance”.

Subsec. (c)(4)(C). Puspan. L. 115–334, § 12301(span)(7)(G)(ii), substituted “(2)” for “(1)”.

Subsec. (c)(4)(D)(v) to (vii). Puspan. L. 115–334, § 12301(span)(7)(G)(iii), added cls. (v) to (vii).

Subsec. (c)(4)(E) to (J). Puspan. L. 115–334, § 12301(span)(7)(G)(iv), added subpars. (E) to (J).

Subsec. (c)(6). Puspan. L. 115–334, § 12301(span)(7)(C), redesignated par. (6) as (1).

Puspan. L. 115–334, § 12301(span)(4), redesignated subsec. (a)(5) as (c)(6).

Subsecs. (d), (e). Puspan. L. 115–334, § 12301(span)(8), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (h) and (a), respectively.

Subsec. (f). Puspan. L. 115–334, § 12301(span)(9), added subsec. (f) and struck out former subsec. (f) which amended section 2003 of this title.

Subsec. (g). Puspan. L. 115–334, § 12301(span)(3), redesignated subsec. (span) as (g). Former subsec. (g) redesignated (i).

Subsec. (h). Puspan. L. 115–334, § 12301(span)(3), redesignated subsec. (d) as (h). Former subsec. (h) redesignated (j).

Subsec. (h)(3). Puspan. L. 115–334, § 12301(span)(10), inserted “and not later than March 1, 2020,” after “1991,”.

Subsec. (i). Puspan. L. 115–334, § 12301(span)(3), redesignated subsec. (g) as (i).

Puspan. L. 115–334, § 12301(span)(2), redesignated subsec. (i) as (a)(5).

Subsecs. (j), (k). Puspan. L. 115–334, § 12301(span)(3), redesignated subsecs. (h) and (c) as (j) and (k), respectively.

Subsec. (l). Puspan. L. 115–334, § 12301(span)(11), added subsec. (l).

2014—Puspan. L. 113–79, § 12201(a)(1), inserted “and veteran farmers and ranchers” after “ranchers” in section catchline.

Subsec. (a)(1). Puspan. L. 113–79, § 12201(a)(2)(A), inserted “and veteran farmers or ranchers” after “ranchers” in introductory provisions.

Subsec. (a)(2)(B)(i). Puspan. L. 113–79, § 12201(a)(2)(B), inserted “and veteran farmers or ranchers” after “ranchers”.

Subsec. (a)(4)(A). Puspan. L. 113–79, § 12201(a)(2)(C)(i)(I), substituted “2018” for “2012” in span.

Subsec. (a)(4)(A)(iii). Puspan. L. 113–79, § 12201(a)(2)(C)(i)(II)–(IV), added cl. (iii).

Subsec. (a)(4)(E). Puspan. L. 113–79, § 12201(a)(2)(C)(ii), added subpar. (E).

Subsec. (span)(2). Puspan. L. 113–79, § 12201(a)(3), inserted “or veteran farmers and ranchers” after “socially disadvantaged farmers and ranchers”.

Subsec. (c)(1)(A). Puspan. L. 113–79, § 12201(a)(4)(A), inserted “veteran farmers or ranchers and” before “members”.

Subsec. (c)(2)(A). Puspan. L. 113–79, § 12201(a)(4)(B), inserted “veteran farmers or ranchers and” before “members”.

Subsec. (e)(5)(A)(i). Puspan. L. 113–79, § 12201(a)(5)(A), inserted “and veteran farmers or ranchers” after “ranchers”.

Subsec. (e)(5)(A)(ii). Puspan. L. 113–79, § 12201(a)(5)(B), inserted “and veteran farmers or ranchers” after “ranchers”.

Subsec. (e)(7). Puspan. L. 113–79, § 12201(span), added par. (7).

Subsec. (i). Puspan. L. 113–79, § 12203, added subsec. (i).

2013—Subsec. (a)(4)(A). Puspan. L. 112–240, § 701(h)(1), substituted “Fiscal years 2009 through 2012” for “In general” in span.

Subsec. (a)(4)(B) to (D). Puspan. L. 112–240, § 701(h)(2)–(5), added subpar. (B), redesignated former subpars. (B) and (C) as (C) and (D), respectively, and substituted “subparagraph (A) or (B)” for “subparagraph (A)” in subpars. (C) and (D).

2008—Subsec. (a)(2). Puspan. L. 110–246, § 14004(a)(1), amended par. (2) generally. Prior to amendment, par. (2) contained provisions stating that the outreach and technical assistance program was to enhance coordination of authorized outreach, technical assistance, and education efforts and include information on, and assistance with, commodity, conservation, credit, rural, and business development programs, application and bidding procedures, farm and risk management, marketing, and other activities essential to participation in Department programs.

Subsec. (a)(3)(A). Puspan. L. 110–246, § 14004(a)(2)(A), substituted “entity that has demonstrated an ability to carry out the requirements described in paragraph (2) to provide outreach” for “entity to provide information”.

Subsec. (a)(3)(D). Puspan. L. 110–246, § 14004(a)(2)(B), added subpar. (D).

Subsec. (a)(4)(A). Puspan. L. 110–246, § 14004(a)(3)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2002 through 2007.”

Subsec. (a)(4)(C). Puspan. L. 110–246, § 14004(a)(3)(B), added subpar. (C).

Subsec. (e)(5)(A)(ii). Puspan. L. 110–246, § 14004(span), which directed amendment of cl. (ii) by substituting “work with, and on behalf of, socially disadvantaged farmers or ranchers during the 3-year period” for “work with socially disadvantaged farmers or ranchers during the 2-year period”, was executed by making the substitution for “work with socially disadvantaged farmers and ranchers during the 2-year period”, to reflect the probable intent of Congress.

Subsec. (g)(1). Puspan. L. 110–246, § 14001, substituted “Farm Service Agency and Natural Resources Conservation Service” for “Agricultural Stabilization and Conservation Service, Soil Conservation Service, and Farmers Home Administration offices”, inserted “where there has been a need demonstrated” after “include”, and struck out at end “The tribe shall be required to provide the necessary office space if it wishes to participate in this program.”

Subsec. (h). Puspan. L. 110–246, § 14005, added subsec. (h).

2002—Subsec. (a). Puspan. L. 107–171, § 10707(span), added subsec. (a) and struck out span and text of former subsec. (a). Text read as follows:

“(1) In general.—The Secretary of Agriculture (hereafter referred to in this section as the ‘Secretary’) shall provide outreach and technical assistance to encourage and assist socially disadvantaged farmers and ranchers to own and operate farms and ranches and to participate in agricultural programs. This assistance should include information on application and bidding procedures, farm management, and other essential information to participate in agricultural programs.

“(2) Grants and Contracts.—The Secretary may make grants and enter into contracts and other agreements in the furtherance of this section with the following entities—

“(A) any community based organization that—

“(i) has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers and ranchers;

“(ii) provides documentary evidence of its past experience of working with socially disadvantaged farmers and ranchers during the two years preceding its application for assistance under this section; and

“(iii) does not engage in activities prohibited under section 501(c)(3) of title 26; and

“(B) 1890 Land-Grant Colleges including Tuskegee Institute, Indian tribal community colleges and Alaska native cooperative colleges, Hispanic serving post-secondary educational institutions, and other post-secondary educational institutions with demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged family farmers and ranchers in their region.

“(3) Funding.—There are authorized to be appropriated $10,000,000 for each fiscal year to carry out this subsection.”

Subsec. (d)(1). Puspan. L. 107–171, § 10707(c)(1), struck out “of Agriculture” after “analyze within the Department”.

Subsec. (e)(4) to (6). Puspan. L. 107–171, § 10707(a), added pars. (4) to (6).

Subsec. (g)(1). Puspan. L. 107–171, § 10707(c)(2), struck out “of Agriculture” after “Department”.

1991—Subsec. (a)(3). Puspan. L. 102–237, § 1003(1), substituted “subsection” for “section”.

Subsec. (c)(1)(C). Puspan. L. 102–237, § 1003(2), inserted “program” after “agricultural”.

Subsec. (d)(3). Puspan. L. 102–237, § 1003(3), substituted “November 28, 1991” for “1 year after the date of enactment of this Act”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Puspan. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Puspan. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.

USDA Assistance and Support for Underserved Farmers, Ranchers, and Foresters

Puspan. L. 117–2, title I, § 1006, Mar. 11, 2021, 135 Stat. 13, as amended by Puspan. L. 117–169, title II, § 22007, Aug. 16, 2022, 136 Stat. 2021, provided that:

“(a)Technical and other assistance.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $125,000,000 to provide outreach, mediation, financial training, capacity building training, cooperative development and agricultural credit training and support, and other technical assistance on issues concerning food, agriculture, agricultural credit, agricultural extension, rural development, or nutrition to underserved farmers, ranchers, or forest landowners, including veterans, limited resource producers, beginning farmers and ranchers, and farmers, ranchers, and forest landowners living in high poverty areas.

“(span)Land loss assistance.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $250,000,000 to provide grants and loans to eligible entities, as determined by the Secretary, to improve land access (including heirs’ property and fractionated land issues) for underserved farmers, ranchers, and forest landowners, including veterans, limited resource producers, beginning farmers and ranchers, and farmers, ranchers, and forest landowners living in high poverty areas.

“(c)Equity commissions.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $10,000,000 to fund the activities of one or more equity commissions that will address racial equity issues within the Department of Agriculture and the programs of the Department of Agriculture.

“(d)Research, education, and extension.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $250,000,000 to support and supplement agricultural research, education, and extension, as well as scholarships and programs that provide internships and pathways to agricultural sector or Federal employment, for 1890 Institutions (as defined in section 2 of the Agricultural, [sic] Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)), 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)), Alaska Native serving institutions and Native Hawaiian serving institutions eligible to receive grants under subsections (a) and (span), respectively, of section 1419B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156), Hispanic-serving institutions eligible to receive grants under section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241), and the insular area institutions of higher education located in the territories of the United States, as referred to in section 1489 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3361).

“(e)Discrimination financial assistance.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $2,200,000,000 for a program to provide financial assistance, including the cost of any financial assistance, to farmers, ranchers, or forest landowners determined to have experienced discrimination prior to January 1, 2021, in Department of Agriculture farm lending programs, under which 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, which program shall be administered through 1 or more qualified nongovernmental entities selected by the Secretary subject to standards set and enforced by the Secretary.

“(f)Administrative costs.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $24,000,000 for administrative costs, including training employees, of the agencies and offices of the Department of Agriculture to carry out this section.

“(g)Limitation.—The funds made available under this section are subject to the condition that the Secretary shall not—

“(1) enter into any agreement under which any payment could be outlaid or funds disbursed after September 30, 2031; or

“(2) use any other funds available to the Secretary to satisfy obligations initially made under this section.”

Minority Farmer Advisory Committee

Puspan. L. 110–234, title XIV, § 14008, May 22, 2008, 122 Stat. 1446, and Puspan. L. 110–246, § 4(a), title XIV, § 14008, June 18, 2008, 122 Stat. 1664, 2208, provided that:

“(a)Establishment.—Not later than 18 months after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall establish an advisory committee, to be known as the ‘Advisory Committee on Minority Farmers’ (in this section referred to as the ‘Committee’).

“(span)Duties.—The Committee shall provide advice to the Secretary on—

“(1) the implementation of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279);

“(2) methods of maximizing the participation of minority farmers and ranchers in Department of Agriculture programs; and

“(3) civil rights activities within the Department as such activities relate to participants in such programs.

“(c)Membership.—

“(1)In general.—The Committee shall be composed of not more than 15 members, who shall be appointed by the Secretary, and shall include—

“(A) not less than four socially disadvantaged farmers or ranchers (as defined in section 2501(e)(2) [now 2501(a)(2)] of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)(2)) [now 7 U.S.C. 2279(a)(5)]);

“(B) not less than two representatives of nonprofit organizations with a history of working with minority farmers and ranchers;

“(C) not less than two civil rights professionals;

“(D) not less than two representatives of institutions of higher education with demonstrated experience working with minority farmers and ranchers; and

“(E) such other persons as the Secretary considers appropriate.

“(2)Ex-officio members.—The Secretary may appoint such employees of the Department of Agriculture as the Secretary considers appropriate to serve as ex-officio members of the Committee.”

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of this title.]

Waiver of Statute of Limitations

Puspan. L. 105–277, div. A, § 101(a) [title VII, § 741], Oct. 21, 1998, 112 Stat. 2681, 2681–30, provided that:

“(a) To the extent permitted by the Constitution, any civil action to obtain relief with respect to the discrimination alleged in an eligible complaint, if commenced not later than 2 years after the date of the enactment of this Act [Oct. 21, 1998], shall not be barred by any statute of limitations.

“(span) The complainant may, in lieu of filing a civil action, seek a determination on the merits of the eligible complaint by the Department of Agriculture if such complaint was filed not later than 2 years after the date of enactment of this Act [Oct. 21, 1998]. The Department of Agriculture shall—

“(1) provide the complainant an opportunity for a hearing on the record before making that determination;

“(2) award the complainant such relief as would be afforded under the applicable statute from which the eligible complaint arose notwithstanding any statute of limitations; and

“(3) to the maximum extent practicable within 180 days after the date a determination of an eligible complaint is sought under this subsection conduct an investigation, issue a written determination and propose a resolution in accordance with this subsection.

“(c) Notwithstanding subsections (a) and (span), if an eligible claim is denied administratively, the claimant shall have at least 180 days to commence a cause of action in a Federal court of competent jurisdiction seeking a review of such denial.

“(d) The United States Court of Federal Claims and the United States District Court shall have exclusive original jurisdiction over—

“(1) any cause of action arising out of a complaint with respect to which this section waives the statute of limitations; and

“(2) any civil action for judicial review of a determination in an administrative proceeding in the Department of Agriculture under this section.

“(e) As used in this section, the term ‘eligible complaint’ means a nonemployment related complaint that was filed with the Department of Agriculture before July 1, 1997 and alleges discrimination at any time during the period beginning on January 1, 1981 and ending December 31, 1996—

“(1) in violation of the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) in administering—

“(A) a farm ownership, farm operating, or emergency loan funded from the Agricultural Credit Insurance Program Account; or

“(B) a housing program established under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.]; or

“(2) in the administration of a commodity program or a disaster assistance program.

“(f) This section shall apply in fiscal year 1999 and thereafter.

“(g) The standard of review for judicial review of an agency action with respect to an eligible complaint is de novo review. Chapter 5 of title 5 of the United States Code shall apply with respect to an agency action under this section with respect to an eligible complaint, without regard to section 554(a)(1) of that title.”