November 20, 2020

Gillibrand Announces Landmark Legislation To Address Systemic Discrimination In Federal Aid To Black Farmers

U. S. Senator Kirsten Gillibrand, alongside U.S. Senators Cory Booker (D-NJ) and Elizabeth Warren (D-MA), introduced legislation to address systemic discrimination within U.S. Department of Agriculture (USDA) federal agriculture policy. Due to a history of discrimination, Black farmers were stripped of millions of acres of farmland and hundreds of billions of dollars of inter-generational wealth. Today, there are less than 50,000 remaining Black farmers. The Justice for Black Farmers Act will help to end and correct discrimination within the USDA and enact policies to protect remaining Black farmers from losing their land, provide land grants to create a new generation of Black farmers and restore the land base that has been lost, and implement systemic reforms to help family farmers across the United States.   

“Black farmers and ranchers have been historically excluded in agricultural industries and inequities in federal aid have stripped them from their land. It is not only our responsibility to investigate this systemic discrimination, we must end and correct it so that the next generation of Black farmers can bloom,” said Senator Gillibrand, member of the Senate Agriculture Committee. “The Justice for Black Farmers Act will ensure the Department of Agriculture puts an end to discriminatory practices that have harmed Black agricultural producers for more than a hundred years. I thank Senator Booker for his leadership on this issue and I’m proud to cosponsor this legislation to make farming more equitable and inclusive.“ 

Specifically, the Justice for Black Farmers Act will:

  • End Discrimination within USDA: The Act takes steps to once and for all end discrimination within USDA. The Act creates an independent civil rights oversight board to conduct reviews of any appeals of civil rights complaints filed against USDA, to investigate reports of discrimination within USDA, and to provide oversight of Farm Service Agency County Committees. In addition, the Act creates an Equity Commission whose responsibilities include developing recommendations to reform FSA County Committees. The Act also puts reforms in place within the USDA Office of Civil Rights, including placing a moratorium on foreclosures during the pendency of civil rights complaints. 
  • Protect Remaining Black Farmers from Land Loss: The Act will increase to $50 million per year the funding authorization for the USDA relending program created in the 2018 Farm Bill to resolve farmland ownership and succession, or “heirs property,” issues. The Act provides funding for pro bono assistance, including legal assistance, succession planning and support for development of farmer cooperatives, to Black farmers. The Act will also create and fund a new bank to provide financing and grants to Black farmer and rancher cooperative financial institutions, and will forgive USDA debt of Black farmers who filed claims in the Pigford litigation. 
  • Restore the Land Base Lost by Black Farmers: The Act creates a new Equitable Land Access Service within USDA to acquire farmland and provide land grants of up to 160 acres to existing and aspiring Black farmers. These land grants will allow hundreds of thousands of new Black farmers to return to the land in the next decade. To help ensure their success, these new Black farmers will be provided access to USDA operating loans and mortgages on favorable terms.
  • Create a Farm Conservation Corps: The Act creates a USDA program where young adults from socially disadvantaged communities will be provided with the academic, vocational and social skills necessary to pursue careers in farming and ranching. Participants in the program will be paid by USDA and will serve as on-farm apprentices at no cost to socially disadvantaged farmers and ranchers, beginning farmers and ranchers, and organic farmers and ranchers with annual gross farm income of less than $250,000.00. Black participants who gain experience through this program will have priority for land grants.
  • Empower HBCUs and Advocates for Black farmers: The Act provides substantial resources to 1890s and to nonprofits who serve Black farmers so that they can provide pro bono assistance in identifying land for USDA to purchase and provide as land grants, help new Black farmers get up and running, provide farmer training, and provide other assistance including succession planning and legal assistance to Black farmers. The Act also provides new funding to HBCUs to expand their agriculture research and courses of study.
  • Assist All Socially Disadvantaged Farmers and Ranchers: While Black farmers have suffered a unique history of discrimination, other socially disadvantaged farmers and ranchers have also been harmed by discrimination. The Act substantially increases funding for USDA technical assistance and for programs such as CSP and REAP, and gives priority for these programs, as well as increased access to capital, to all socially disadvantaged farmers and ranchers.
  • Enact System Reforms to Help All Farmers and Ranchers: In order for existing Black farmers and the new Black farmers created by this bill to have a real chance to succeed and thrive, broader reforms to our broken food system must be enacted. The Justice for Black Farmers Act substantially reforms and strengthens the Packers and Stockyards Act in order to stop abusive practices by big multinational meatpacking companies and protect all family farmers and ranchers.

The summary of the bill can be viewed here