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1 1 (February 5, 2025)

handle is hein.crs/govesjp0001 and id is 1 raw text is: Congressional Research Service aInforming the legislative debate since 1914 Updated February 5, 2025 Farm Bill Primer: Support for Tribal Food and Agriculture The 2018 farm bill (Agriculture Improvement Act of 2018; P.L. 115-334) expanded federal farm program support for tribal agricultural producers and communities. Congress further enhanced community and economic development for federally recognized Tribes in the Indian Community Economic Enhancement Act of 2020 (P.L. 116-261) and provided additional support for historically underserved agricultural producers, including tribal producers, in the American Rescue Plan Act of 2021 (P.L. 117-2). As Congress debates the next farm bill, tribal groups are calling for expanding tribal self-determination authority and access to production services and credit, nutrition and food sovereignty, and economic development for tribal producers and communities. Trba Arutua Produto In statute, support for Tribes references the definition of Indian tribe in the Indian Self-Determination and Education Assistance Act (ISDEAA; P.L. 93-638, 25 U.S.C. §5304(e)). In 2024, the Bureau of Indian Affairs (BIA) of the Department of the Interior (DOI) identified the 574 federally recognized Tribes eligible to receive services, including farm program support. Some programs reference tribal groups or Indian tribal organizations that are defined in statute or regulation. Alternatively, some programs authorize federal benefits that can be provided to individual, self-identified Native American, American Indian, Alaska Native, or Native Hawaiian producers. In 2022, a reported 78,316 producers self-identified as American Indian and Alaska Native producers across 58,336 U.S. farms and ranches, according to the U.S. Department of Agriculture (USDA). These agricultural producers accounted for 2.3% of all U.S. producers. Sales totaled $6.5 billion in 2022, or about 1% of all U.S. farm- level sales (Figure 1). Most tribal producers (56%) are located in Oklahoma, Arizona, and New Mexico. USDA reports other leading states were Texas, California, Montana, Missouri, Arkansas, Oregon, and South Dakota. These operations cover 63 million acres of farm and grazing land. Tribal producers, however, may lack legal title to land often held in trust by the federal government. (See CRS Report R46647, Tribal Land and Ownership Statuses: Overview and Selected Issues for Congress.) Federa Rol in Tr ba. A rk uture As the lead agency implementing many federal statutes addressing Tribes, BIA provides agricultural programs and services to Tribes, often contracting with and transferring funds to USDA for farm programs (e.g., the Cooperative Extension System). In 1993, Congress enacted the American Indian Agricultural Resource Management Act (AIARMA; P.L. 103-177, 25 U.S.C. Ch. 39) intended to improve the management, productivity, and use of Indian agricultural lands and resources and citing the need to uphold the federal trust responsibility, promote tribal self- determination, and emphasize agriculture's significance to tribal economic development. Since AIARMA's enactment, BIA has been managing tribal agricultural programs. Congress further amended USDA programs to expand tribal access to farm credit and research/extension services (P.L. 100-233; P.L. 101-624). In 1994, Congress added Tribal Colleges and Universities (TCUs or 1994 Institutions) to the land-grant university system (P.L. 103-382). Figure I. American IndianlAlaska Native-Operated Farms as Percent of Total Farms by County, 2022 us 20 4 Source: USDA, 2022 Census ofAgriculture, American Indian/Alaska Native Producers, June 2024. Based on 40,621 farms with producers who self-identify as American Indian/Alaska Native (Al/AN) alone, excluding those identified as Al/AN in combination with another race. ISDEAA allows a Tribe or tribal organization to negotiate contracts to administer certain programs, functions, services, or activities that a federal agency would otherwise perform for a Tribe and its members. These are known as self-determination (638) contracts or 638 contracts and must conform to statutory and regulatory standards. Since ISDEAA's enactment, such contracts mostly have been limited to DOI or Department of Health and Human Services programs. The 2018 farm bill (§8703) authorized USDA to enter into demonstration project contracts allowing a Tribe or tribal organization to negotiate a 638 contract to perform certain functions relating to proposed forest protection projects on Forest Service or Bureau of Land Management lands that are adjacent to tribal lands. The 2018 farm bill (§4003) also authorized USDA to contract with a Tribe or tribal organization to perform purchasing functions under its Food Distribution Program on Indian Reservations (FDPIR). Unlike other agencies with ISDEAA authority, USDA was authorized to enter into 638 contracts but not self-governance compacts. (See CRS Report R48256, Tribal Self-Determination Authorities: Overview and Issuesfor Congress.) USDA has established various tribal policies and programs. USDA has a formal tribal consultation policy and the

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