USC - Farming opportunities training and outreach

View all text of Chapter 55 [§ 2201 - § 2279k]

§ 2279. Farming opportunities training and outreach

(a) DefinitionsIn this section:

(1) Agricultural programsThe term “agricultural programs” are those established or authorized by—

(A) the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.];

(B) the Consolidated Farm and Rural Development Act [7 U.S.C. 1921 et seq.];

(D) the Soil Conservation Act;

(E) the Domestic Allotment Assistance Act;

(F) the Food Security Act of 1985; and

(G) other such Acts as the Secretary deems appropriate.

(2) Beginning farmer or rancherThe term “beginning farmer or rancher” means a person that—

(A)

(i) has not operated a farm or ranch; or

(ii) has operated a farm or ranch for not more than 10 years; and

(B) meets such other criteria as the Secretary may establish.

(3) Department

(4) Secretary

(5) Socially disadvantaged farmer or rancher

(6) Socially disadvantaged group

(7) Veteran farmer or rancherThe term “veteran farmer or rancher” means a farmer or rancher who has served in the Armed Forces (as defined in section 101(10) of title 38) and who—

(A) has not operated a farm or ranch;

(B) has operated a farm or ranch for not more than 10 years; or

(C) 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.

(b) Farming opportunities training and outreachThe Secretary shall carry out this section to encourage and assist socially disadvantaged farmers and ranchers, veteran farmers and ranchers, and beginning farmers and ranchers in the ownership and operation of farms and ranches through—

(1) education and training; and

(2) equitable participation in all agricultural programs of the Department.

(1) Eligible entityIn this subsection, the term “eligible entity” means any of the following:

(A) Any community-based organization, network, or coalition of community-based organizations that—

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

(ii) 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

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

(B) An 1890 institution or 1994 institution (as defined in section 7601 of this title), including West Virginia State College.

(D) An Hispanic-serving institution (as defined in section 3103 of this title).

(E) 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.

(F) 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.

(G) 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.

(2) ProgramUsing funds made available under subsection (l), the Secretary of Agriculture shall, for the period of fiscal years 2019 through 2023, carry out an outreach and technical assistance program to encourage and assist socially disadvantaged farmers and ranchers and veteran farmers or ranchers—

(A) in owning and operating farms and ranches; and

(B) in participating equitably in the full range of agricultural, forestry, and related programs offered by the Department.

(3) RequirementsThe outreach and technical assistance program under paragraph (2) shall be used exclusively—

(A) to enhance coordination of the outreach, technical assistance, and education efforts authorized under agriculture programs; and

(B) to assist the Secretary in—

(i) reaching current and prospective socially disadvantaged farmers or ranchers and veteran farmers or ranchers in a linguistically appropriate manner; and

(ii) improving the participation of those farmers and ranchers in Department programs, as reported under section 2279–1 of this title.

(4) Grants and contracts

(A) Outreach and technical assistance

(B) Relationship to other law

(D) ReportThe Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and make publicly available, an annual report that includes a list of the following:

(i) The recipients of funds made available under the program.

(ii) The activities undertaken and services provided.

(iii) The number of current and prospective socially disadvantaged farmers or ranchers served and outcomes of such service.

(iv) The problems and barriers identified by entities in trying to increase participation by current and prospective socially disadvantaged farmers or ranchers.

(v) The number of farms or ranches started, maintained, or improved as a result of funds made available under the program.

(vi) 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.

(vii) The effectiveness of the actions described in clause (vi).

(E) Maximum term and amount of grant, contract, or agreementA grant, contract, or agreement entered into under subparagraph (A) shall be—

(i) for a term of not longer than 3 years; and

(ii) in an amount that is not more than $250,000 for each year of the grant, contract, or agreement.

(F) Priority

(G) Regional balance

(H) Prohibition

(I) Peer reviewThe Secretary shall establish a fair and efficient external peer review process that—

(i) the Secretary shall use in making grants and entering into contracts and other agreements under subparagraph (A); and

(ii) shall include a broad representation of peers of the eligible entity.

(J) Input from eligible entities

(5) Socially Disadvantaged Farmers and Ranchers Policy Research Center

(d) Beginning farmer and rancher development grant program

(1) In general

(2) Included programs and servicesInitiatives described in paragraph (1) may include programs or services, as appropriate, relating to—

(A) basic livestock, forest management, and crop farming practices;

(B) innovative farm, ranch, and private, nonindustrial forest land transfer and succession strategies;

(D) technical assistance to help beginning farmers or ranchers acquire land from retiring farmers and ranchers;

(E) financial and risk management training, including the acquisition and management of agricultural credit;

(F) natural resource management and planning;

(G) diversification and marketing strategies;

(H) curriculum development;

(I) mentoring, apprenticeships, and internships;

(J) resources and referral;

(K) farm financial benchmarking;

(L) agricultural rehabilitation and vocational training for veteran farmers and ranchers;

(M) farm safety and awareness;

(N) food safety and recordkeeping; and

(O) other similar subject areas of use to beginning farmers and ranchers.

(3) Eligibility

(A) In general

(B) InclusionsA recipient of a grant or a participant that enters into a cooperative agreement described in subparagraph (A) may include—

(i) a State cooperative extension service;

(ii) a Federal, State, municipal, or Tribal agency;

(iii) a community-based or nongovernmental organization;

(iv) a college or university (including an institution awarding an associate’s degree) or foundation maintained by a college or university; or

(v) any other appropriate partner, as determined by the Secretary.

(4) Terms of grants or cooperative agreementA grant or cooperative agreement under this subsection shall—

(A) be for a term of not longer than 3 years; and

(B) provide not more than $250,000 for each year.

(5) Matching requirement

(A) In general

(B) Exception

(6) Evaluation criteriaIn making grants or entering into cooperative agreements under this subsection, the Secretary shall evaluate, with respect to applications for the grants or cooperative agreements—

(A) relevancy;

(B) technical merit;

(D) the expertise and track record of 1 or more applicants;

(E) the consultation of beginning farmers and ranchers in design, implementation, and decisionmaking relating to an initiative described in paragraph (1);

(F) the adequacy of plans for—

(i) a participatory evaluation process;

(ii) outcome-based reporting; and

(iii) the communication of findings and results beyond the immediate target audience; and

(G) other appropriate factors, as determined by the Secretary.

(7) Regional balance

(8) Priority

(9) Prohibition

(10) Coordination permitted

(11) Consecutive awards

(12) Peer review

(A) In general

(B) Requirement

(13) Participation by other farmers and ranchersNothing in this subsection prohibits the Secretary from allowing a farmer or rancher who is not a beginning farmer or rancher (including an owner or operator that has ended, or expects to end within 5 years, active labor in a farming or ranching operation as a producer, retiring farmers, and non-farming landowners) from participating in a program or service under this subsection, to the extent that the Secretary determines that such participation—

(A) is appropriate; and

(B) will not detract from the primary purpose of increasing opportunities for beginning farmers and ranchers.

(14) Education teams

(A) In general

(B) Curriculum

(C) CompositionIn establishing an education team under subparagraph (A) for a specific program or workshop, the Secretary shall, to the maximum extent practicable—

(i) obtain the short-term services of specialists with knowledge and expertise in programs serving beginning farmers and ranchers; and

(ii) 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.

(D) Cooperation

(i) In generalIn carrying out this subsection, the Secretary shall cooperate, to the maximum extent practicable, with—(I) State cooperative extension services;(II) Federal, State, and Tribal agencies;(III) community-based and nongovernmental organizations;(IV) colleges and universities (including an institution awarding an associate’s degree) or foundations maintained by a college or university; and(V) other appropriate partners, as determined by the Secretary.

(ii) Cooperative agreements

(15) Curriculum and training clearinghouse

(e) Application requirements

(f) Stakeholder inputIn carrying out this section, the Secretary shall seek stakeholder input from—

(1) beginning farmers and ranchers;

(2) socially disadvantaged farmers and ranchers;

(3) veteran farmers and ranchers;

(4) national, State, Tribal, and local organizations and other persons with expertise in operating programs for—

(A) beginning farmers and ranchers;

(B) socially disadvantaged farmers and ranchers; or

(5) 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);

(6) 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

(7) the Tribal Advisory Committee established under subsection (b) of section 6921 of this title.

(g) Designation of Federal personnel

(1) In general

(2) Additional personnel

Affirmative action, appeals, and contracting review

(1) Purpose

(2) ScopeThe study shall include—

(A) an assessment of the successes and failures of these affirmative action programs and policies;

(B) a review of the reasons for the successes and failures described in subparagraph (A);

(C) 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;

(D) 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

(E) a review of the appeals process for all complaints or allegations regarding acts, practices, or patterns of discrimination filed with the Department by individuals or any other entities that shall include—

(i) the number of complaints or allegations regarding acts, practices, or patterns of discrimination;

(ii) the manner in which the complaints were investigated and resolved by the Department; and

(iii) the longest, shortest, and average periods of time taken to investigate and resolve the complaints or allegations regarding acts, practices, or patterns of discrimination.

(3) Report

(i) Reservations

(1) Consolidated suboffice

(2) Cooperative agreements

(j) Accurate documentation

(k) Report to Congress

(1) In generalNot later than September 30, 1992, and every two years thereafter, the Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, regarding—

(A) the efforts of the Secretary to enhance participation by veteran farmers or ranchers and members of socially disadvantaged groups in agricultural programs;

(B) the specific participation goals established for each agricultural program;

(D) the progress of the Department towards meeting each of the purposes described in paragraph (2)(C).

(2) ContentsIn addition to the information specified in paragraph (1), the report required by paragraph (1) shall include—

(A) 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;

(B) 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;

(i) the amount of funds loaned to members of socially disadvantaged groups; and

(ii) the amount of funds used to guarantee loans to members of socially disadvantaged groups compared to the total amount of such guarantees;

(D) 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

(E) 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.

(l) Funding

(1) Mandatory fundingOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—

(A) $30,000,000 for each of fiscal years 2019 and 2020;

(B) $35,000,000 for fiscal year 2021;

(D) $50,000,000 for fiscal year 2023 and each fiscal year thereafter.

(2) Authorization of appropriations

(3) Reservation of fundsOf the amounts made available to carry out this section—

(A) 50 percent shall be used to carry out subsection (c); and

(B) 50 percent shall be used to carry out subsection (d).

(4) Allocation of funds

(A) In generalNot 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—

(i) limited resource beginning farmers and ranchers, as defined by the Secretary;

(ii) socially disadvantaged farmers and ranchers that are beginning farmers and ranchers; and

(iii) farmworkers desiring to become farmers or ranchers.

(B) Veteran farmers and ranchers

(5) Interagency funding

(6) Administrative expenses

(7) Limitation on indirect costs

(Pub. L. 101–624, title XXV, § 2501, Nov. 28, 1990, 104 Stat. 4062; Pub. L. 102–237, title X, § 1003, Dec. 13, 1991, 105 Stat. 1894; Pub. L. 107–171, title X, § 10707, May 13, 2002, 116 Stat. 520; Pub. L. 110–234, title XIV, §§ 14001, 14004, 14005, May 22, 2008, 122 Stat. 1442, 1443, 1445; Pub. L. 110–246, § 4(a), title XIV, §§ 14001, 14004, 14005, June 18, 2008, 122 Stat. 1664, 2204, 2205, 2207; Pub. L. 112–240, title VII, § 701(h), Jan. 2, 2013, 126 Stat. 2367; Pub. L. 113–79, title XII, §§ 12201, 12203, Feb. 7, 2014, 128 Stat. 983, 984; Pub. L. 115–334, title XII, §§ 12301(b), 12306(a), Dec. 20, 2018, 132 Stat. 4951, 4968.)