Indian Country Impacts from USDA Final Rule on Socially Disadvantaged Farmers and Ranchers

On July 10, 2025, the U.S. Department of Agriculture (USDA) announced an end to certain uses of the “socially disadvantaged” producer designation.  In a final rule published in the Federal Register, the department explained it would “no longer employ the race- and sex-based ‘socially disadvantaged’ designation in programs where not required to by law.”  

The notice mentioned USDA’s history of discrimination of socially disadvantaged farmers and ranchers in several high-profile court cases, including Keepseagle v. Vilsack. That case resulted in a $760 million relief judgement from the department, with commitments to programmatic reform to support Tribal producers. In reversing its longstanding practice of recognizing this designation, USDA cited the 2024 Strickland v. United States Department of Agriculture decision.    

The definition of Socially Disadvantaged Farmers and Ranchers (SDFRs) was enshrined in law in the 1990 Farm Bill and subsequently updated in later legislation. Congressional intent mandated USDA provide outreach and technical assistance to SDFRs. This racial and ethnic designation included American Indian and Alaska Native producers. Where this designation applied, the term was designed to address the impacts of historic discrimination in USDA programs.  

The department characterized this decision as a regulatory action. Further, the department cited that as a regulatory action, the decision was exempt from the Congressional Review Act (Pub. L. No. 104-121), the Regulatory Flexibility Act (Pub. L. No. 96-354), and the Administrative Procedure Act (Pub. L. No. 79-404). Regarding the latter it expressly noted the exemption was because the impacted programs related “personnel or public property, loans, grants, benefits, or contracts.” 

The notice made no reference to Tribal consultation.  

Impacts to Tribal producers  

This final rule will remove the SDFR designation from some, but not all, USDA programs. For programs where the designation is discontinued, Native farmers and ranchers will no longer be able to utilize that designation in application processes.   

The new rule applies to certain programs across multiple mission areas and agencies. However, Tribal governments and Tribal producers will likely see the most significant impacts from this rule change in programs at the Farm Service Agency (FSA), Natural Resources Conservation Service (NRCS), and Rural Development (RD).  

Also impacted are pandemic era funding tools that utilized the Commodity Credit Corporation (CCC) and USDA Rural Development (RD) programs like the Rural Business-Cooperative Service (RBCS) and Rural Housing Service (RHS). Those would include any remaining funds in the Coronavirus Food Assistance Program (CFAP) and the Pandemic Assistance Revenue Program (PARP). 

The Indigenous Food and Agriculture Initiative has created a comparison table for the changes and specific programs.  

For Tribal governments or organizations supporting Tribal agriculture operations who have further questions or are in need of support regarding programs impacted by this final rule, please email agpolicy@uark.edu.  

For individual Tribal producers concerned they may be impacted by the final rule, the Intertribal Agriculture Council has additional resources available detailing the changes in the specific programs impacted by this rule. IAC’s Technical Assistance Network is also available to connect Tribal agriculture producers with support on a regional and state basis.  

For more information we have compiled a chart on this issue.