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August 12, 2019
2018 Farm Bill Primer: Support for Indian Tribes
The 2018 farm bill (Agriculture Improvement Act of 2018,
P.L. 115-334) expanded existing programs administered by
the U.S. Department of Agriculture (USDA) to support
production, economic and community development, and
nutrition for Native American communities and producers.
The Native Farm Bill Coalition-representing 170 member
tribes, Native organizations, and allies-asserts that there
are more than 60 provisions in the 2018 farm bill relating to
Native American communities and producers, resulting in
unprecedented gains in farm policy compared to previous
farm bills. According to the coalition, Native American
farmers and ranchers have been largely pushed to the
margins of farm bill discussions for decades, thus missing
out on major opportunities to protect and advance their
interests. These and related concerns are highlighted in a
2017 study (Regaining Our Future) by the Indigenous Food
and Agriculture Initiative (IFAI) at the University of
Arkansas School of Law. Some Native American farmers
have also alleged discrimination by USDA. In 1999, some
Native American farmers filed a class action lawsuit
(Keepseagle v. Vilsack) seeking compensation for loan
discrimination from 1981 to 1999, resulting in a $760
million settlement with USDA in 2010, including $80
million in debt relief.
American Indian or Alaska Native Farms
Most federal farm programs reference the definition of
Indian tribe provided in the Indian Self-Determination and
Education Assistance Act (ISDEAA, P.L. 93-638):
Indian tribe means any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native village
or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (85 Star. 688)
[43 U.S.C. 1601 et seq.], which is recognized as eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians (25 U.S.C. §5304(e)).
There are currently 573 federally recognized tribes (84
Federal Register 1200). In addition, Indian tribes or groups
may also be recognized by state governments. Some USDA
programs may be available to Indian tribes based solely
upon such recognition.
The most recent USDA Census of Agriculture data for
operators self-reporting their race only as American Indian
or Alaska Native indicates there were 58,199 farms and
ranches operated by American Indians or Alaska Natives in
the United States in 2017, accounting for nearly 3% of all
U.S. farms. This compared to 55,889 farms in 2007. About
80% of these farms are located in seven states: Arizona,
Oklahoma, New Mexico, Texas, Montana, California, and
South Dakota (Figure 1). Apache County, Arizona, had
more American Indian farmers than any other county. By
commodity specialization (according to more than 50% of a
farm's gross sales), farms with American Indian principal
operators specialized in beef cattle (36% of all farms),
combination of animals (17%), sheep and goats (16%),
combination of crops (15%), and vegetables (6%).
American Indian and Alaska Native farms and ranches tend
to be smaller than the average U.S. farm/ranch in terms of
sales, with an average market value of products sold of
$50,398 per farm/ranch, compared to $187,097 per
farm/ranch for all U.S. farms in 2012.
Figure I. American Indian Farm Operators, 2012
operators
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10- 24
E25 -99
0 100-249
E.: 250 - 8,713
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Source: USDA, Census of Agriculture. 2017 mapping data not available.
Provisions in the 2018 Farm Bill
In general, Native American producers and ranchers are
eligible for programs available to all farmers and ranchers,
as well as those programs available to residents living in
rural areas. Similarly, members of Native American
communities that meet eligibility rules for nutrition
assistance programs receive benefits and foods as other
eligible citizens do. In some cases, state-recognized tribes
or other Native American communities and producers
might not be explicitly listed as eligible entities in the
United States Code but might be eligible according to
requirements for other listed eligible entities. They might
also be eligible for other farm programs based on USDA's
interpretation of the statutory language or its internal
priorities in providing service to Native American
communities and producers, even if their eligibility is not
explicitly specified in statute.
Prior to enactment of the 2018 farm bill, according to IFAI,
there were very few 'Indian-only focused programs, [and]
very few 'set-asides' for tribes. The 2018 farm bill
includes an array of provisions specifically aimed at
supporting Indian tribes. For example, the enacted farm bill
provides authority, pursuant to P.L. 93-638 (ISDEAA), for
a federally recognized Indian tribe or tribal organization to
enter into contracts and compacts with USDA to administer
and transfer funding for specified programs that, in the
absence of such contracts and compacts, would be
administered by USDA for the tribe or tribal organization.
Such contracts or compacts have been negotiated with other
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