Interim final rule issued for Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program

Posted July 13, 2015

The Rural Business-Cooperative Service (Agency) is publishing an interim final rule for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, formerly the Biorefinery Assistance Program, incorporating changes required in the Agricultural Act of 2014 (2014 Farm Bill) and addressing comments received on the interim final rule published on February 14, 2011 (76 FR 8404).

This rule establishes provisions for the loan guarantees available for Biorefineries to support the production of Advanced Biofuels and Renewable Chemicals and for Biobased Product Manufacturing facilities.

This interim rule is effective August 24, 2015. Comments on the rule and the information collection under the Paperwork Reduction Act of 1995 must be received by August 24, 2015.

For more information, the Federal Register is available here.

For more information on biotechnology, please visit the National Agricultural Law Center’s website here.

Conservation Programs Awarded $340 Million in Federal Funding

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Posted January 16, 2015

Agriculture Secretary Tom Vilsack announced that more than $370 million in Federal funding as part of the new U.S. Department of Agriculture (USDA) Regional Conservation Partnership Program (RCPP), according to a USDA release available here. Farm Futures also published an article available here and Huffington Post here.

RCPP will benefit 115 projects across all 50 states including Puerto Rico. The program will also leverage a total of up to $800 million in partner contributions to improve the nation's water quality, support wildlife habitat, and enhance the environment.

“This is an entirely new approach to conservation efforts,” said Vilsack. “These partnerships empower communities to set priorities and lead the way on conservation efforts important for their region. They also encourage private sector investment so we can make an impact that's well beyond what the Federal government could accomplish on its own. We're giving private companies, local communities, and other non-government partners a way to invest in a new era in conservation that ultimately benefits us all. These efforts keep our land resilient and water clean, and promote economic growth in agriculture, construction, tourism, outdoor recreation, and other industries.”

Jason Weller, chief of the USDA Natural Resources Conservation Service, compared the program to a venture capitalist model, according to Farm Futures.

“RCPP puts our partners in the driver's seat. Projects are led locally, and demonstrate the value of strong public-private partnerships that deliver solutions to natural resource challenges,” said Weller.

The program will boost the rural economy, by supporting contractors and small businesses, according to Huffington Post.

"Some of the largest investments our country will make for land and water conservation are through the farm bill," said Sen. Debbie Stabenow, former chairwoman of the Agriculture Committee.

For more information on farm bills, please visit the National Agricultural Law Center’s website here.

 

USDA Spending $29 Million to House Farm Laborers

Posted November 10, 2014

Agriculture Secretary Tom Vilsack announced that the U.S. Department of Agriculture (USDA) is investing $29 million to provide affordable housing for farm laborers and their families, according to a USDA release available here. Agri-Pulse also published an article available here and Ag Journal Online here.

"Housing is often the first step on the road to more economic prosperity for farmworker families. These loans and grants will significantly improve the lives of farmworkers, who are vital to America's agriculture sector. This program is one of many tools that USDA has to strengthen the rural economy, which will help bring a brighter future for children from farmworker families," said Vilsack.

USDA is awarding $20.7 million in loans and $8.3 million in grants for 10 projects in six states. The properties will provide 320 farmworker families with new homes, and rental assistance will be offered for 315 of the new housing units after completion, according to Agri-Pulse.

Assistance is provided to the USDA through the Farm Labor and Housing Loan and Grant program.

I have witnessed firsthand the way these loans and grants help farmworkers and their communities," said Tony Hernandez, administrator of USDA's Rural Housing Service, which runs the Farm Labor Housing program.

USDA Rural Development provided a $3.3 million low-interest Farm Labor Housing loan to build Villa Hermosa, apartment-style housing for migrant workers in Indio, California, according to Ag Journal Online.

The $3 million loan USDA announced will fund the second phase of construction at Villa Hermosa by financing 68 more apartments for the remaining occupants. Phase Two will have units equipped with heat and air conditioning, private patios, washer/dryers, dishwashers, a community center, a garden, playgrounds, and a computer lab.

USDA Announces Funds to Cut Energy Costs for Farmers, Ranchers, and Rural Small Businesses

Posted May 8, 2014

Secretary of Agriculture Tom Vilsack recently announced that USDA is seeking applications from rural agricultural producers and small businesses for grant and loan guarantee funding to make energy efficiency improvements or to install renewable energy systems, according to the USDA news release available here.

“Developing renewable energy presents an enormous economic opportunity for rural America,” Vilsack said.  “This funding will help farmers, ranchers and rural small business owners incorporate renewable energy and energy efficiency technology into their operations, create jobs and help America become more energy independent.  When small rural businesses and farmers cut their energy costs with cleaner and more efficient energy, we are both helping their bottom lines and reducing the amount of greenhouse gas pollution that affects our climate.”

The funding is provided through USDA’s Rural Energy for America Program (REAP).

Applications for grants may not exceed 25 percent of a project’s cost – “either for stand-alone grant requests or for grants combined with loan guarantees.”

Information on how to apply for REAP funding is available here.

For more information on renewable energy, please visit the National Agricultural Law Center’s website here.

Senator Introduces Bill to Increase Wireless Access in Rural Areas

Posted December 18, 2013

Senator Amy Klobuchar (D-MN) has introduced a bill that would provide a program for large wireless carriers make unused spectrum available for rural carriers, according to an Agri-Pulse article available here.

Rural Broadband Association CEO, Shirley Bloomfield, said the association supports the bill which is co-sponsored by Senator Deb Fischer (R-NE).

The bill, S. 1776, would direct the Federal Communications Commission (FCC) to “provide a program under which a carrier can choose to partition its license in order to make unused spectrum available to small carriers – those with 1,500 employees or fewer – or carriers serving a rural area.”  A carrier “that partitions its license under the program receives a three-year extension of its license.”

Bloomfield said, “The wireless market is incredibly consolidated with two carriers already holding 78 percent of the country’s low-frequency, broadband-capable spectrum and accounting for more than 80 percent of the wireless industry revenues.”

The term “spectrum” typically refers to the part of electromagnetic spectrum that corresponds to a certain type of frequency.

For more information on spectrum policy, a recent report titled “Spectrum Policy in the Age of Broadband: Issues for Congress” by Linda K. Moore is available on the National Agricultural Law Center’s website here.

USDA Announces Grants for Value-Added Agriculture

Posted December 2, 2013

UDSA recently announced the availability of nearly $10.5 million in grants to help agricultural producers enter into value-added activities, according to the USDA news release available here.

Secretary of Agriculture, Tom Vilsack, said, “U.S. agriculture is connected to one in 12 American jobs, and value-added products from homegrown sources are one important way that agriculture generates economic growth…Supporting producers and businesses to create value-added products strengthens rural economies, helps fuel innovation, and strengthen marketing opportunities for producers – especially at the local and regional level.”

The funding is available through the Value-Added Producer Grant program and can be used for working capital and planning activities.  The maximum working capital grant is $200,000 and the maximum planning grant is $75,000. 

Grant applications are due by Feb. 24, 2014. 

The Modesto Bee also reported on the story here.  “Value-added” produces are raw produced that are processed to make something different.  Examples of “value-added” products include fruit cups, roasted and salted almonds, ready-made chicken.  Other examples include turning raw tomatoes into salsa, ketchup, and pasta sauce and turning milk into cheese, butter, and ice cream.

For more information on value added products, a report from the Congressional Research Service available as a free resource on the National Agricultural Law Center’s website is available here.

Farm Bill Expires, Sen. Heitkamp to Hold Hearing

Posted October 1, 2013

The farm bill extension, which was passed last year after Congress was unable to pass a comprehensive bill, has expired.  Key provisions of the farm bill – crop insurance and the SNAP program – will not see an immediate impact, but the lack of a farm bill will begin to show in the long term, according to a Farm Futures article available here.

Progress is being made, albeit slow.  Over the weekend, the House voted to approve legislation which combines its Nutrition bill with its Farm Programs bill, H. Res. 361, available here.  This move will allow a future House-Senate Conference Committee to work on a final bill.  House Speaker John Boehner (R-OH) must first appoint conference committee members.

The next deadline is Jan. 1, when milk prices will “skyrocket” based on a 1949 provision of the “permanent” law. 

Senator Heidi Heitkamp (D-ND), Chair of the Subcommittee on Jobs, Rural Economic Growth and Energy Innovation, will hold a hearing on Tuesday, October 8 at 2:30 p.m. EST entitled “Investing in Small Town America: The Importance of a Comprehensive Farm Bill.”

The hearing will highlight “a key reason why Congress must pass a comprehensive Farm Bill: to help rural communities throughout the country develop and improve their infrastructure, such as water and wastewater systems, broadband networks, and public facilities.”

Sen. Heitkamp said, “Because of the smaller numbers of people living in rural communities, the low tax bases, and the large distance between towns, rural communities too often can’t afford to upgrade and build infrastructure that will help create jobs and boost their economies.  That’s exactly why we need to pass a comprehensive Farm Bill, like the Senate passed in June, to help make these critical investments in our rural communities.”

For more information on farm bills, please visit the National Agricultural Law Center's website here.

Rep. Kristi Noem: Congress Will Pass Farm Bill

Posted August 22, 2013

Rep. Kristi Noem (R-SD), member of the House Agriculture Committee, says that Congress will pass a farm bill “in the coming months” according to an article by the Argus Leader, available here.  According to the article, Noem indicated that: 

“My leadership team has told me that it’s going to happen, because I’ve been pretty ugly with them at different times.”  She continued, “So I’m taking them at their word that they’re going to make sure it gets scheduled and they’re going to make sure we’ve got the votes.” 

The farm bill continues to be a contentious issue in Congress over issues including the nutrition title, farm program payments, and even a catfish inspection program.  For more background on these issues past posts on this blog are available here, here, and here. 

The Senate has had success passing a farm bill, but the road to success has been far more challenging in the House.  In 2012, the House Agriculture Committee passed a farm bill, but it was never brought up for a vote in the House.  The 2012 outcome illustrates the deep divisions on certain issues, which is on only display when the House initially failed to pass a farm bill earlier this year.  Later, the House split the nutrition title from the farm bill that paved a possible path forward for getting a competing bill that could be conferenced with the Senate.  Notably, the House-passed bill would also repeal the 1938 and 1949 permanent laws that have been the backstop to getting previous farm bills across the legislative finish line.  Indications have been that the House will bring up a nutrition-only bill in September, following the August recess, that would cut nutrition programs by about $40 billion.  That said, significant doubts have been expressed about the political viability of that approach.

Noem says that the nutrition title “should pass the House when it returns in September, setting up negotiations with the Senate to reach a compromise.”  Noem also predicts that a compromise will pass both the House and the Senate.  Noem stated that Congress would “meet somewhere in between.”

For more information on farm bills please visit the National Agriculture Law Center’s Farm Bills page.  Another excellent resource for daily updates on the farm bill is Farmpolicy.com, available here.

North Carolina Developing New Approach to Award of Attorney Fees in Right to Farm Law

Posted:  July 19, 2013

The topic of nuisance and right to farm statutes has been red hot over the past couple of years, including a very recent legislative development in North Carolina.  In addition, several states, such as Missouri, have updated their right to farm statutes to strengthen the protection that they provide to agricultural operators.

For media requests or other inquiries on states' right to farm laws, contact Center Staff Attorney Rusty Rumley at rrumley@uark.edu.  For more information on right to farm statutes, please visit the National Agricultural Law Center 50-state compilation of states' right to farm laws here as well as the Center's Urban Encroachment Reading Room here. 

Every state has enacted a right to farm law, the provisions of which can vary widely from one state to another.  These laws are designed to provide an affirmative defense to qualified agricultural operations from certain nuisance lawsuits that may be brought against them.  One clause commonly found in many states' right to farm statutes deals with the recovery of attorney fees and other associated court costs.  

States that currently include provisions for the recovery of attorney fees address the issue differently.  In the past, there have been three basic categories that states could fall under.  The first group includes those states that do not specifically address the issue of attorney fees in nuisance suits against agricultural operations.  The second group includes those states that provide discretion for a court to award attorney fees to the farmer in certain circumstances, such as a finding that a nuisance suit was frivolous.  The final group includes states, such as Texas, that include an automatic award of attorney fees if the farmer successfully asserts the right to farm statute as an affirmative defense to a nuisance action.

Recently, the North Carolina legislature enacted a bill that, once signed by the Governor, will add a brand new wrinkle to attorney fee provisions appearing in a right to farm statute.  In North Carolina, this new bill contains the following language: 

In a nuisance action against an agricultural or forestry operation, the court shall award costs and expenses, including reasonable attorneys' fees, to:

 

(1) The agricultural or forestry operation when the court finds the operation was not a nuisance and the nuisance action was frivolous or malicious; or

(2) The plaintiff when the court finds the agricultural or forestry operation was a nuisance and the operation asserted an affirmative defense in the nuisance action that was frivolous and malicious.

This new approach concerning the awarding of attorney fees may prove particularly interesting since it has been reported that nearly 600 “farm nuisance disputes” were filed in North Carolina less than two weeks ago according to this news article.  

Senate Ag Committee to Mark-Up 2013 Farm Bill on May 14

Senator Debbie Stabenow, Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, will convene a meeting of the full Committee for purposes of considering and marking up the 2013 Farm Bill on Tuesday, May 14 at 10 a.m. in the Committee’s hearing room, 328-A of the Russell Senate Office Building.

Due to limited space, all press wishing to attend are required to RSVP, and seats will be reserved in order of response. Additionally, an overflow room will be provided to accommodate those unable to sit in the Committee hearing room. The markup will also be streamed live on the Senate Agriculture Committee website.

To RSVP to attend the mark-up, email ben_becker@ag.senate.gov.  The text of the Committee Print of the 2013 Farm Bill is expected to be available to access and download later this week on the Senate Agriculture Committee’s website.

Three States Pass New "Agritourism" Liability Protection Laws

As the legislative sessions for many states are wrapping up, three states have recently passed agritourism statutes designed to reduce help reduce some of the legal liability surrounding so-called “inherent risks” of agritourism operations.  Oklahoma, Idaho and Florida have each passed laws that will come in to effect in the coming months.  The Florida and Ohio laws are set to become law on July 1, 2013.  The Oklahoma law is set to be effective on November 1.  Inherent risks are typically defined to include natural conditions of the land, water, wild and domestic animals, farm buildings, equipment, and other risks associated with farming, ranching or forestry.  Both statutes are written to cover negligent acts by other participants on the farm.

One interesting difference between the three new agritourism laws is found in their exceptions to the liability protection.  The Florida statute states that gross negligence on the part of the agritourism operators will disallow any protection under the new law.  However, the Idaho and Oklahoma statutes will disallow protection if the operator or their employees commit any negligent act or omission. 

Many states have enacted similar legislation, and there are a number of legal issues associated with agritourism.  For a recently updated list of states' agritourism laws, visit the National Agricultural Law Center's  State Compilation of Agritourism Statutes. In addition, more legal research and information pertaining to Agritourism is available on the National Agricultural Law Center Agritourism Reading Room.   

For questions regarding the legal issues in agritourism, please contact Staff Attorney Rusty Rumley at rrumley@uark.edu.  

Reuters reports that the Environmental Protection Agency has named thirty-one experts to review an upcoming report on “fracking,” the term used to describe the extraction of natural gas and oil. For a link to the Reuters news story, click here.  

 

For additional background and information on this issue, visit the National Agricultural Law Center website here.

In 2010, Congress requested a study from the EPA on the natural gas and oil extraction method commonly known as fracking. Hydraulic fracking extracts natural gas and oil by sending large volumes of water mixed with chemicals and sand underground to crack rock and free the resources.  

According to the Reuters article, critics of fracking are concerned that drilling near schools and homes may pollute water and air. However, others are concerned the study could lead to more regulations and raise operating costs.   

In August 2012, the EPA’s scientific advisory board sought public nominations for fracking specialists. The board screened one hundred and forty-four candidates for conflicts of interest and curtailed the list to thirty-one experts. The Reuters article further reported that the panel consists of twenty-one academicians, five company or consulting firm employees and two government employees. The expertise of the panelists includes oil and gas engineering, well drilling, hydrology, geology, groundwater chemistry, toxicology, civil engineering, and waste and drinking water treatment.

According to the article, “EPA Acting Adminstrator Bob Perciasepe said the selection of a range of impartial experts shows the agency, whose foes have accused it of being opaque in its practices, is being open in the report’s procedure.” The article further quotes Perciasepe:

"We have worked to ensure that the study process be open and transparent throughout, and the SAB (scientific advisory board) panel is another example of our approach of openness and scientific rigor."

The panel is scheduled to meet May 7-8, 2013 and will provide feedback regarding the 2012 progress report on the study. The study is expected to be delivered in 2014.

A complete list of the panelists can be found at: http://link.reuters.com/zaq86t

 

 

IMPORTANT ANNOUNCEMENT: USDA Extends Deadline for USDA Hispanic and Women Farmers and Ranchers Claims Process to May 1

The USDA has extended the filing deadline for the USDA Hispanic and Women Farmers and Ranchers Claims Process to May 1, 2013.  In the USDA press release, Agriculture Secretary Tom Vilsack stated:

Hispanic and women farmers who believe they have faced discriminatory practices in the past from the USDA have additional time to file a claim in order to have a chance to receive a cash payment or loan forgiveness. . . . USDA urges potential claimants to contact the Claims Administrator for information and to file their claim packages on or before May 1, 2013.

For more information about the Claims Process, please visit the Claims Administrator website at www.farmerclaims.gov. 

USDA Releases January Inventory Numbers for Cattle

 

 

Recently, the United States Department of Agriculture released the January inventory numbers for cattle.

According to the report, “All the cattle and calves in the United States, as of January 1, totaled 89.3 million head.” This is the lowest January 1 cattle and calve inventory since 1952.

Northern Ag Network reports that this is “2 percent below the 90.8 Million on January 1 last year.”  According to Bloomberg.com, inventory fell to the lowest in 60 years “after a drought in the South scorched pastures, prompting ranchers to shrink herds.”

Chad Henderson, a market analyst at Prime Agricultural Consultants, Inc., stated in a phone interview, “We had one of the biggest droughts in Texas this past year.”  “Guys have been ripping up pasture and planting crops. It’ll take years for this thing to build back up,” said Henderson.

The USDA also reported that the total number of calves born in 2011 fell 1.1 percent. Ron Plain, live economist at the University of Missouri at Columbia, said “Fewer calves being born means ultimately fewer cattle will be slaughtered.”

“That means the tight beef supply is going to get tighter as we go through 2013 and 2014,” said Plain.

In a January 25 report, the USDA claimed that “consumers may pay as much as 5 percent more for beef this year, the biggest increase in all the food groups except for seafood."

Drovers Cattle Network reported that a consistent raise in beef prices could ultimately jeopardize domestic and international demand for U.S. beef, ending up with a “lost market share to other proteins or other beef exporters.”

Attorneys Sought for USDA Hispanic and Women Farmers and Ranchers Claims Process

Farmers Legal Action Group, Inc. (FLAG) and the National Agricultural Law Center (NALC) are assisting in the development of a legal assistance network of attorneys to assist claimants in the completion of the official Claims Form for the USDA Hispanic and Women Farmers and Ranchers Claims Process. The Legal Assistance Network listing will be widely available, including being listed on the National Agricultural Law Center website here so that claimants and others can easily access the information and make contact.

For background information on the USDA HWFRCP, please see the information below and/or visit the official Claims Process website at www.farmerclaims.gov.  For an attorney to be listed in the Legal Assistance Network, he or she must provide via email to nataglaw@uark.edu three items of information:

 

(1) a statement from the attorney that he or she has viewed the attorney training video, which is available upon request made to nataglaw@uark.edu;

(2) a statement indicating the state(s) in which the attorney is licensed to practice along with the corresponding bar number(s) for those states; and

(3) appropriate contact information. Once this information is received, the attorney's name, contact information, and state(s) in which he or she is licensed to practice will be included on the legal assistance network list published on the National Agricultural Law Center website.

Once listed in the network an attorney can be removed at any time upon request.

If you are an attorney interested in being listed in the Legal Assistance Network, please send an email to nataglaw@uark.edu that indicates the state(s) in which you are licensed to practice along with the corresponding bar number(s) for those states, along with a request for a copy of the training video.

 

 

 

Attorneys Sought Nationwide To Assist Claimants in USDA Hispanic and Women Farmers and Ranchers Claims Process

Farmers Legal Action Group, Inc. (FLAG) and the National Agricultural Law Center (NALC) are assisting in the development of a legal assistance network of attorneys to assist claimants in the completion of the official Claims Form for the USDA Hispanic and Women Farmers and Ranchers Claims Process. The Legal Assistance Network listing will be widely available, including being listed on the National Agricultural Law Center website here so that claimants and others can easily access the information and make contact. For background information on the USDA HWFRCP, please see the information below and/or visit the official Claims Process website at www.farmerclaims.gov.

Please note, however, that a claimant is not required to be assisted by an attorney in order to complete and submit the official USDA HWFRCP Claim Form. In addition, the attorney need not be listed in the legal assistance network in order to assist a claimant.

 

For an attorney to be listed in the Legal Assistance Network, he or she must provide via email to nataglaw@uark.edut three items of information:

 

(1) a statement from the attorney that he or she has viewed the attorney training video, which is available upon request made to nataglaw@uark.edu;

 

(2) a statement indicating the state(s) in which the attorney is licensed to practice along with the corresponding bar number(s) for those states; and

 

(3) appropriate contact information. Once this information is received, the attorney's name, contact information, and state(s) in which he or she is licensed to practice will be included on the legal assistance network list published on the National Agricultural Law Center website.

 

Once listed in the network an attorney can be removed at any time upon request.

If you are an attorney interested in being listed in the Legal Assistance Network, please send an email to nataglaw@uark.edu that indicates the state(s) in which you are licensed to practice along with the corresponding bar number(s) for those states, along with a request for a copy of the training video.

 

The Farmers Legal Action Group, Inc. and the National Agricultural Law Center will also be available to respond to your questions regarding the Claims Form and the USDA Loan and Loan Servicing Programs that may arise while you are providing assistance to potential claimants. You may contact contact either with your questions by email at HWFRCP@flaginc.org or nataglaw@uark.edu, or by phone to Lynn Hayes at (651) 223-5400 or Harrison Pittman at (479) 575-7640.

 

USDA HWFRCP Background Information:

 

 

The United States Government has established a Claims Process to make available up to $1.33 billion or more to farmers who alleged discrimination by the U.S. Department of Agriculture (USDA) based on being female, or based on being Hispanic, in making or servicing farm loans during certain periods between 1981 and 2000. Claimants who qualify and who submit a timely claim could receive an award of up to $50,000 or up to $250,000 in cash, depending on the evidence submitted. USDA will also provide a total of up to $160 million in debt relief to successful Claimants who currently owe USDA money for eligible farm loans. In addition, successful Claimants may also receive an additional amount, equal to 25% of the combined cash award plus the principal amount of debt relief, to help pay federal taxes that may be owed.

October 16: Attorney Training for USDA Hispanic and Women Farmers & Ranchers Claims Process

On October 16, 2012, from 1 p.m. - 3:45 (EST) a free training session by live webcast will be held for attorneys interested in assisting claimants in the USDA Hispanic and Women Farmers and Ranchers Claims Process (HWFRCP). The training is intended for attorneys nationwide who want to assist potential claimants in completing the official HWFRCP claims form.

The October 16, 2012 training session will conducted by live webcast from Washington, D.C. To register for the live webcast, please visit http://hwfrcp.eventbrite.com.

For more information about the HWFRCP, visit the official claims process website at www.farmerclaims.gov.  In addition, the National Agricultural Law Center has HWFRCP research and information available to the public linked from its home page, www.nationalaglawcenter.org.

The HWFRCP is a non-judicial, non-adversarial process designed to resolve past claims of discrimination in the USDA Farm Loan Programs.  The claims are based on actions that occurred between 1981 and and 1996 or mid-October 1998 and mid-October 2000.  The claims period opened September 24, 2012 and runs through March 25, 2013.

For questions involving the October 16 attorney training or about the claims process, contact HWFRCP@flaginc.org or call (651)-223-5400. 

Attorneys Sought to Assist in USDA Hispanic and Women Farmers and Ranchers Claims Process

The United States government has established a voluntary admininstrative claims process, the USDA Hispanic and Women Farmers and Ranchers Claims Process (HWFRCP), that seeks to resolve allegations of past discrimination involving USDA farm loan programs.  The period in which to file a claim opened on September 24, 2012 and runs through March 25, 2013.  Claims are based on actions that occurred between 1981 and 1996 or mid-October 1998 and mid-October 2000.

Lawyers and law school clinics nationwide are being sought to assist Hispanic and women farmers to complete and submit the official HWFRCP claims forms.  If you are an attorney or associated with a law school clinic and are interested in being involved in the HWFRCP, please send an email inquiry to HWFRCP@flaginc.org or call (651) 223-5400.  In addition, interested attorneys or persons associated with legal clinics may also contact nataglaw@uark.edu or call (479) 575-7640.

Background on the HWFRCP

As part of USDA's efforts to make civil rights matters a top priority, USDA is committed to resolving past claims of discrimination in its farm loan programs.  In recent years, USDA entered into settlement agreements in certified class action lawsuits filed on behalf of African American and Native American farmers.  Class counsel assisted thousands of farmers to file their individual claims under those settlement agreements. For background information regarding these particular lawsuits, please visit the National Agricultural Law Center website here. 

Lawsuits alleging past discrimination in USDA Farm Loan Programs were also filed on behalf of Hispanic and women farmers and ranchers.  However, those cases were not certified as class actions.  Subsequently, the United States government established the USDA HWFRCP to provide at least $1.33 billion to claimants who alleged discrimination by the USDA based on being female or being Hispanic in making or servicing farm loans during certain periods between 1981 and 2000. 

The official website for the HWFRCP is www.farmerclaims.gov.  As part of its national research and information mission, the National Agricultural Law Center is also providing information regarding the process, which can be accessed from the Center's home page, www.nationalaglawcenter.org. 

 

National Agricultural Law Center Publishes New Article on Prevented Planting Crop Insurance

The National Agricultural Law Center recently published an article that focuses on legal issues associated with prevented planting crop insurance, Prevented Planting Crop Insurance:  Overview, Drought, and Excessive Moisture.  The article is written by Grant Ballard, National Agricultural Law Center Research Consultant and Attorney with the Banks Law Firm, PLLC. 

The article is the latest publication in a series of articles authored by Mr. Ballard.  Other articles in the series include Filing a Crop Insurance Claim:  An Overview for Producers and The Federal Crop Insurance Program:  Adminstration, Structure, and Operation.  In addition, the Center recently hosted a webinar titled Crop Insurance and Southern Agriculture:  What You Need to Know, which has been uploaded to the Center's website and is available free of charge. 

The publication series and webinar are provided with support from the Banks Law Firm, PLLC that is designed to establish a legal education series and help publicize the 25th Anniversary of the National Agricultural Law Center, the nation's leading source of agricultural and food law research and information.  Through its research and information mission, the Center coordinates with the USDA National Agricultural Library in its mission of "advancing access to global information for agriculture."

This article posted on July 2, 2012.

Small Farm Support Backed by Food and Agriculture Organization

With the world population growing to an expected nine billion people by 2050, the Food and Agriculture Organization of the United Nations is encouraging governments to become more involved in the support of small farms. Farm Futures reports that the FAO believes small farmers may be the key to meeting future production needs, which are calculated to increase by 60% to sustain the growing population.  For the full article, click here.

 According to the article,

"Smallholders cannot continue to be seen as part of the hunger problem. They are an important part of the solution and are crucial to promote sustainable agriculture and management of our natural resources," said FAO Director-General José Graziano da Silva.

 The article concludes, “the Committee underscored the need to identify more closely the constraints preventing smallholders from integrating more closely into the market. Policies and strategies to support smallholder integration into markets and value chains constitute a priority for the Committee on Commodity Problems.”