7 U.S.C. § 2279: Farming opportunities training and outreach

the Agricultural Act of 1949 [ 7 U.S.C. 1421 et seq.]; the Consolidated Farm and Rural Development Act [ 7 U.S.C. 1921 et seq.]; the Agricultural Adjustment Act of 1938 [ 7 U.S.C. 1281 et seq.]; the Soil Conservation Act; the Domestic Allotment Assistance Act; the Food Security Act of 1985; and other such Acts as the Secretary deems appropriate. has not operated a farm or ranch; or has operated a farm or ranch for not more than 10 years; and meets such other criteria as the Secretary may establish. The term “Department” means the Department of Agriculture. The term “Secretary” means the Secretary of Agriculture. The term “socially disadvantaged farmer or rancher” means a farmer or rancher who is a member of a socially disadvantaged group. The term “socially disadvantaged group” means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. has not operated a farm or ranch; has operated a farm or ranch for not more than 10 years; or is a veteran (as defined in section 101 of that title) who has first obtained status as a veteran (as so defined) during the most recent 10-year period. education and training; and equitable participation in all agricultural programs of the Department. has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers and ranchers and veteran farmers or ranchers; has provided to the Secretary documentary evidence of work with, and on behalf of, socially disadvantaged farmers or ranchers and veteran farmers or ranchers during the 3-year period preceding the submission of an application for assistance under this subsection; and does not engage in activities prohibited under section 501(c)(3) of title 26 . An 1890 institution or 1994 institution (as defined in section 7601 of this title ), including West Virginia State College. An Indian tribal community college or an Alaska Native cooperative college. An Hispanic-serving institution (as defined in section 3103 of this title ). Any other institution of higher education (as defined in section 1001 of title 20 ) that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers and ranchers in a region. An Indian tribe (as defined in section 5304 of title 25 ) or a national tribal organization that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers and ranchers in a region. An organization or institution that received funding under subsection (a) before January 1, 1996 , but only with respect to projects that the Secretary considers are similar to projects previously carried out by the organization or institution under such subsection. in owning and operating farms and ranches; and in participating equitably in the full range of agricultural, forestry, and related programs offered by the Department. to enhance coordination of the outreach, technical assistance, and education efforts authorized under agriculture programs; and reaching current and prospective socially disadvantaged farmers or ranchers and veteran farmers or ranchers in a linguistically appropriate manner; and improving the participation of those farmers and ranchers in Department programs, as reported under section 2279–1 of this title . The Secretary may make grants to, and enter into contracts and other agreements with, an eligible entity that has demonstrated an ability to carry out the requirements described in paragraph (3) to provide outreach and technical assistance to socially disadvantaged farmers and ranchers and veteran farmers and ranchers under this subsection. The authority to carry out this section shall be in addition to any other authority provided in this or any other Act. Notwithstanding paragraph (2), the Secretary may make grants to, and enter into contracts and other agreements with, an organization or institution that received funding under this section before January 1, 1996 , to carry out a project that is similar to a project for which the organization or institution received such funding. The recipients of funds made available under the program. The activities undertaken and services provided. The number of current and prospective socially disadvantaged farmers or ranchers served and outcomes of such service. The problems and barriers identified by entities in trying to increase participation by current and prospective socially disadvantaged farmers or ranchers. The number of farms or ranches started, maintained, or improved as a result of funds made available under the program. Actions taken by the Secretary in partnership with eligible entities to enhance participation in agricultural programs by veteran farmers or ranchers and socially disadvantaged farmers or ranchers. The effectiveness of the actions described in clause (vi). for a term of not longer than 3 years; and in an amount that is not more than $250,000 for each year of the grant, contract, or agreement. In making grants and entering into contracts and other agreements under subparagraph (A), the Secretary shall give priority to nongovernmental and community-based organizations with an expertise in working with socially disadvantaged farmers and ranchers or veteran farmers and ranchers. To the maximum extent practicable, the Secretary shall ensure the geographical diversity of eligible entities to which grants are made and contracts and other agreements are entered into under subparagraph (A). A grant, contract, or other agreement under subparagraph (A) may not be used for the planning, repair, rehabilitation, acquisition, or construction of a building or facility. the Secretary shall use in making grants and entering into contracts and other agreements under subparagraph (A); and shall include a broad representation of peers of the eligible entity. The Secretary shall seek input from eligible entities providing technical assistance under this subsection not less than once each year to ensure that the program is responsive to the eligible entities providing that technical assistance. The Secretary shall award a grant to a college or university eligible to receive funds under the Act of August 30, 1890 ( 7 U.S.C. 321 et seq.), including Tuskegee University, to establish a policy research center to be known as the “Socially Disadvantaged Farmers and Ranchers Policy Research Center” for the purpose of developing policy recommendations for the protection and promotion of the interests of socially disadvantaged farmers and ranchers. Using funds made available under subsection ( l ), the Secretary, acting through the Director of the National Institute of Food and Agriculture, shall, for the period of fiscal years 2019 through 2023, make competitive grants or enter into cooperative agreements to support new and established local and regional training, education, outreach, and technical assistance initiatives to increase opportunities for beginning farmers and ranchers. basic livestock, forest management, and crop farming practices; innovative farm, ranch, and private, nonindustrial forest land transfer and succession strategies; entrepreneurship and business training; technical assistance to help beginning farmers or ranchers acquire land from retiring farmers and ranchers; financial and risk management training, including the acquisition and management of agricultural credit; natural resource management and planning; diversification and marketing strategies; curriculum development; mentoring, apprenticeships, and internships; resources and referral; farm financial benchmarking; agricultural rehabilitation and vocational training for veteran farmers and ranchers; farm safety and awareness; food safety and recordkeeping; and other similar subject areas of use to beginning farmers and ranchers. To be eligible to receive a grant or enter into a cooperative agreement under this subsection, the recipient of the grant or participant in the cooperative agreement shall be a collaborative State, Tribal, local, or regionally-based network or partnership of public or private entities. a State cooperative extension service; a Federal, State, municipal, or Tribal agency; a community-based or nongovernmental organization; a college or university (including an institution awarding an associate’s degree) or foundation maintained by a college or university; or any other appropriate partner, as determined by the Secretary. be for a term of not longer than 3 years; and provide not more than $250,000 for each year. Except as provided in subparagraph (B), to be eligible to receive a grant or enter into a cooperative agreement under this subsection, a recipient or participant shall provide a match in the form of cash or in-kind contributions in an amount equal to 25 percent of the funds provided by the grant or cooperative agreement. The Secretary may waive or reduce the matching requirement in subparagraph (A) if the Secretary determines such a waiver or modification is necessary to effectively reach an underserved area or population. relevancy; technical merit; achievability; the expertise and track record of 1 or more applicants; the consultation of beginning farmers and ranchers in design, implementation, and decisionmaking relating to an initiative described in paragraph (1); a participatory evaluation process; outcome-based reporting; and the communication of findings and results beyond the immediate target audience; and other appropriate factors, as determined by the Secretary. To the maximum extent practicable, the Secretary shall ensure the geographical diversity of recipients of grants or participants in cooperative agreements under this subsection. In making grants or entering into cooperative agreements under this subsection, the Secretary shall give priority to partnerships and collaborations that are led by or include nongovernmental, community-based organizations and school-based educational organizations with expertise in new agricultural producer training and outreach. A grant made or cooperative agreement entered into under this subsection may not be used for the planning, repair, rehabilitation, acquisition, or construction of a building or facility. A recipient of a grant or participant in a cooperative agreement under this subsection may coordinate with a recipient of a grant or cooperative agreement under section 5933 of this title in addressing the needs of veteran farmers and ranchers with disabilities. A grant or cooperative agreement under this subsection may be made to a recipient or participant for consecutive years. The Secretary shall establish a fair and efficient external peer review process, which the Secretary shall use in making grants or entering into cooperative agreements under this subsection. The peer review process under subparagraph (A) shall include a review panel composed of a broad representation of peers of the applicant for the grant or cooperative agreement that are not applying for a grant or cooperative agreement under this subsection. is appropriate; and will not detract from the primary purpose of increasing opportunities for beginning farmers and ranchers. The Secretary shall establish beginning farmer and rancher education teams to develop curricula, conduct educational programs and workshops for beginning farmers and ranchers in diverse geographical areas of the United States, or provide training and technical assistance initiatives for beginning farmers or ranchers or for trainers and service providers that work with beginning farmers or ranchers. In promoting the development of curricula, educational programs and workshops, or training and technical assistance initiatives under subparagraph (A), the Secretary shall, to the maximum extent practicable, include content tailored to specific audiences of beginning farmers and ranchers, based on crop diversity or regional diversity. obtain the short-term services of specialists with knowledge and expertise in programs serving beginning farmers and ranchers; and use officers and employees of the Department with direct experience in programs of the Department that may be taught as part of the curriculum for the program or workshop. State cooperative extension services; Federal, State, and Tribal agencies; community-based and nongovernmental organizations; colleges and universities (including an institution awarding an associate’s degree) or foundations maintained by a college or university; and other appropriate partners, as determined by the Secretary. The Secretary may enter into a cooperative agreement to reflect the terms of any cooperation under subparagraph (A). The Secretary shall establish an online clearinghouse that makes available to beginning farmers and ranchers education curricula and training materials and programs, which may include online courses for direct use by beginning farmers and ranchers. In making grants and entering into contracts and other agreements, as applicable, under subsections (c) and (d), the Secretary shall make available a simplified application process for an application for a grant that requests less than $50,000. beginning farmers and ranchers; socially disadvantaged farmers and ranchers; veteran farmers and ranchers; beginning farmers and ranchers; socially disadvantaged farmers and ranchers; or veteran farmers and ranchers; the Advisory Committee on Beginning Farmers and Ranchers established under section 5(b) of the Agricultural Credit Improvement Act of 1992 ( 7 U.S.C. 1929 note; Public Law 102–554 ); the Advisory Committee on Minority Farmers established under section 14008 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2279 note; Public Law 110–246 ); and the Tribal Advisory Committee established under subsection (b) of section 6921 of this title . The Secretary shall designate from existing Federal personnel resources in the county or region a qualified person who shall, in cooperation with the State cooperative extension services, implement the policies and programs established or modified in accordance with this section. In counties or regions in which the number of socially disadvantaged farmers and ranchers or veteran farmers and ranchers exceeds 25 percent of the total number of farmers and ranchers in the county or region, the Secretary shall designate additional personnel to implement the policies and programs established or modified in accordance with this section. It is the purpose of this subsection to direct the Secretary to analyze within the Department the design and implementation of affirmative action programs and policies, the appeals process for complaints of discrimination, and contracting and purchasing practices employed by the Department. an assessment of the successes and failures of these affirmative action programs and policies; a review of the reasons for the successes and failures described in subparagraph (A); a review of procurement, contracting, and purchasing policies of the Department, the level of participation of socially disadvantaged businesses in such activities, and the impact of those policies on the participation of members of socially disadvantaged groups in such contracting with the Department; a review of the reasons for participation or lack of participation of businesses owned by members of socially disadvantaged groups in the activities described in subparagraph (C); and the number of complaints or allegations regarding acts, practices, or patterns of discrimination; the manner in which the complaints were investigated and resolved by the Department; and the longest, shortest, and average periods of time taken to investigate and resolve the complaints or allegations regarding acts, practices, or patterns of discrimination. Not later than November 28, 1991 , and not later than March 1, 2020 , the Secretary shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the information described in paragraph (2). The Secretary shall require the Farm Service Agency and Natural Resources Conservation Service, and such other offices and functions the Secretary may choose to include where there has been a need demonstrated, in each county that has a reservation within its borders, to establish a consolidated suboffice at the tribal headquarters of said reservation and to staff said suboffice as needed, using existing staff, but no less than one day a week or under such other arrangement agreed to by the tribe and the Department offices. For those reservations that are located in more than one county, the Secretary, the relevant county offices and the tribe shall enter into a cooperative agreement to provide the services required by paragraph (1) that avoids duplication of effort. The Secretary shall ensure, to the maximum extent practicable, that the Census of Agriculture and studies carried out by the Economic Research Service accurately document the number, location, and economic contributions of socially disadvantaged farmers or ranchers in agricultural production. the efforts of the Secretary to enhance participation by veteran farmers or ranchers and members of socially disadvantaged groups in agricultural programs; the specific participation goals established for each agricultural program; the results achieved for each agricultural program; and the progress of the Department towards meeting each of the purposes described in paragraph (2)(C). a comparison of the participation goals and the actual participation rates of veteran farmers or ranchers and members of socially disadvantaged groups in each agricultural program; an analysis and explanation of the reasons for the success or failure of the Secretary to achieve the goals, and the overall purposes of this section; the amount of funds loaned to members of socially disadvantaged groups; and the amount of funds used to guarantee loans to members of socially disadvantaged groups compared to the total amount of such guarantees; a breakdown in allocation of crop base in each program crop compared to the target participation rates established pursuant to sections 355(a)(1) and 355(c) of the Consolidated Farm and Rural Development Act [ 7 U.S.C. 2003(a)(1) , 2003(c)], on a State-by-State and county-by-county basis; and a review and analysis of participation by members of socially disadvantaged groups, compared to participation by all others, in agricultural programs, on a State-by-State and county-by-county basis, including a survey representative of all farmers and ranchers, including socially disadvantaged farmers and ranchers, to identify reasons for participation and nonparticipation in agricultural programs. $30,000,000 for each of fiscal years 2019 and 2020; $35,000,000 for fiscal year 2021; $40,000,000 for fiscal year 2022; and $50,000,000 for fiscal year 2023 and each fiscal year thereafter. There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2019 through 2023. 50 percent shall be used to carry out subsection (c); and 50 percent shall be used to carry out subsection (d). limited resource beginning farmers and ranchers, as defined by the Secretary; socially disadvantaged farmers and ranchers that are beginning farmers and ranchers; and farmworkers desiring to become farmers or ranchers. Not less than 5 percent of the amounts made available to carry out subsection (d) for a fiscal year shall be used to support programs and services that address the needs of veteran farmers and ranchers. Any agency of the Department may participate in any grant, contract, or agreement entered into under this section by contributing funds, if the contributing agency determines that the objectives of the grant, contract, or agreement will further the authorized programs of the contributing agency. Not more than 5 percent of the amounts made available to carry out this section for a fiscal year may be used for expenses relating to the administration of this section. A recipient of a grant or a party to a contract or other agreement under subsection (c) or (d) may not use more than 10 percent of the funds received for the indirect costs of carrying out a grant, contract, or other agreement. 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. 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. 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. 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 (b), 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 ). 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. 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. enter into any agreement under which any payment could be outlaid or funds disbursed after September 30, 2031 ; or use any other funds available to the Secretary to satisfy obligations initially made under this section.” 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’). the implementation of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279 ); methods of maximizing the participation of minority farmers and ranchers in Department of Agriculture programs; and civil rights activities within the Department as such activities relate to participants in such programs. 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) ]); not less than two representatives of nonprofit organizations with a history of working with minority farmers and ranchers; not less than two civil rights professionals; not less than two representatives of institutions of higher education with demonstrated experience working with minority farmers and ranchers; and such other persons as the Secretary considers appropriate. 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.” 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. provide the complainant an opportunity for a hearing on the record before making that determination; 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 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. Notwithstanding subsections (a) and (b), 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. any cause of action arising out of a complaint with respect to which this section waives the statute of limitations; and any civil action for judicial review of a determination in an administrative proceeding in the Department of Agriculture under this section. a farm ownership, farm operating, or emergency loan funded from the Agricultural Credit Insurance Program Account; or a housing program established under title V of the Housing Act of 1949 [ 42 U.S.C. 1471 et seq.]; or in the administration of a commodity program or a disaster assistance program. This section shall apply in fiscal year 1999 and thereafter. 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.”