[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62359-62360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22435]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  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.

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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 https://www.regulations.gov 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 www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Liz Archuleta; telephone: (202) 720-
7095; Email: [email protected].

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:
     How should USDA identify those who have experienced 
discrimination under the USDA farm loan programs?
     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:
     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?
     Should previous payments received for past claims of 
discrimination be considered in determining financial assistance 
available under section 22007?
     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?
     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:
     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?
     What criteria should USDA use in the selection of the 
third-party entity (or entities)?
     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:
     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: https://www.usda.gov/sites/default/files/documents/Complain_combined_6_8_12_508.pdf.
    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: [email protected].
    If you need any assistance completing the form, call the following 
phone numbers:
     (202) 260-1026 (Local),
     (866) 632-9992 (Toll-free Customer Service),
     (800) 877-8339 (Local or Federal relay), or
     (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 https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint 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: [email protected].
    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