Notice of Request for Public Comment on Providing Financial Assistance for Producers and Landowners Determined To Have Experienced Discrimination, 62359-62360 [2022-22435]

Download as PDF 62359 Notices Federal Register Vol. 87, No. 198 Friday, October 14, 2022 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. 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 Office of the Secretary, U.S. Department of Agriculture. ACTION: Request for information. AGENCY: 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: EquityRFI@usda.gov. SUPPLEMENTARY INFORMATION: Section 22007 provides $2.2 billion for financial jspears on DSK121TN23PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:22 Oct 13, 2022 Jkt 259001 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 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 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 noneconomic 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 thirdparty 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 E:\FR\FM\14OCN1.SGM 14OCN1 62360 Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Notices 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? jspears on DSK121TN23PROD with NOTICES 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: program.intake@usda.gov. 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). VerDate Sep<11>2014 17:22 Oct 13, 2022 Jkt 259001 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-aprogram-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: OAC@ usda.gov. 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 COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Nevada Advisory Committee to the U.S. Commission on Civil Rights AGENCY: U.S. Commission on Civil Rights. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Announcement of virtual business meeting. ACTION: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act, that the Nevada Advisory Committee (Committee) to the U.S. Commission on Civil Rights will hold a virtual business meeting via ZoomGov at 3:00 p.m. Pacific on Monday, December 12, 2022. The purpose of the meeting is to begin planning upcoming web hearings on civil rights and teacher shortages. DATES: The meeting will take place on Monday, December 12, 2022, from 3:00 p.m.–4:30 p.m. PT. Link To Join (Audio/Visual): https:// tinyurl.com/pm669pht. Telephone (Audio Only): Dial (833) 435–1820 USA Toll Free; Meeting ID: 160 798 5959. FOR FURTHER INFORMATION CONTACT: Ana Fortes, Designated Federal Officer, at afortes@usccr.gov or (202) 519–2938. SUPPLEMENTARY INFORMATION: Committee meetings are available to the public through the conference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Individuals who are deaf, deafblind, and hard of hearing may also follow the proceedings by first calling the Federal Relay Service at (800) 877–8339 and providing the Service with the conference details found through registering at the web link above. To request additional accommodations, please email afortes@usccr.gov at least ten (10) days prior to the meeting. Members of the public are also entitled to submit written comments; the comments must be received within 30 days following the meeting. Written comments may be emailed to Angelica Trevino at atrevino@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at (312) 353–8311. Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Nevada Advisory Committee link. Persons SUMMARY: E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[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]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


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.

-----------------------------------------------------------------------

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

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