Eligibility

This page provides information to help you determine if you are eligible for the program.

Eligibility Requirements

The ability to qualify for financial assistance is available for individuals who:

• Experienced discrimination, prior to January 1, 2021, by the USDA in its farm lending programs, which are currently administered by the Farm Service Agency (FSA).

OR

• Are currently debtors with assigned or assumed USDA farm lending debt that was the subject of USDA discrimination that occurred prior to January 1, 2021. (This applies, for example, if you inherited the debt that was the subject of USDA farm lending discrimination by USDA).

Lending Covered by the Program

Discrimination experienced in all USDA lending programs qualify for the ability to apply for financial assistance through this program. Eligible farm lending programs include:

• Farm Ownership Loans (FO)
• Farm Operating Loans (OL)
• Microloans (ML)
• Youth Loans (YL)
• Farm Storage Facility Loans (FSFL)
• Emergency Loans (EM)
• Economic Emergency Loans (EE)
• Emergency Livestock Loans (EL)
• Soil and Water Loans (SW)
• Conservation Loans (CL)
• Softwood Timber Loans (ST)
• Grazing Loans

Note: the program covers both USDA direct and guaranteed lending through USDA’s Farm Service Agency (or its predecessor, the Farmers Home Administration)—but for applicants who participated in guaranteed loan programs, discrimination by the non-USDA lender does not qualify for this program. Only discrimination by USDA personnel in USDA lending is covered.

Eligibility

To be eligible to participate in the program, you must:

• Be or have been a farmer or would-be farmer.
• Be or have been a participant or would-be participant in farm-lending.
• Have experienced discrimination by USDA in USDA farm lending, or be a debtor with assigned or assumed USDA farm lending debt that was the subject of USDA discrimination.
• Be able to verify your identity.
• Provide information to substantiate the discrimination experienced.

Note: Individuals who have personally prevailed and obtained money or loan forgiveness in a prior case addressing discrimination in USDA farm lending programs are eligible to participate in this program.

Types of Discrimination Covered

This program covers discrimination based on different treatment you experienced because of:

• Race, color, or national origin/ethnicity (including status as a member of an Indian Tribe)
• Sex, sexual orientation, or gender identity
• Religion
• Age
• Marital status
• Disability
• Reprisal/retaliation for prior civil rights activity

How Discrimination Occurred

If discrimination was the cause, the following are examples of how that discrimination may have been experienced. Please note that this list does not indicate all potential, covered discrimination, nor does it limit a potential applicant’s ability to apply:

• Failure to provide appropriate assistance.
• Delay in processing loan or loan servicing application.
• Denial of a loan or loan servicing.
• Prevention from applying for a loan or loan servicing.
• Adverse loan terms.
• Unduly onerous supervision of loan requirements.

Loss Factors

The following are examples of losses the application asks about, because they may have occured because of discrimination by USDA in USDA farm lending programs. Please note that this list is not comprehensive, nor does it limit a potential applicant’s ability to apply.

• Loss of agricultural land.
• Loss of home, if used as collateral for a loan.
• Loss of money resulting from offsets, garnishments, or deficiency judgments imposed on an individual because of defaulting on a USDA farm loan or USDA foreclosing on a USDA Farm loan.
• Other economic loss because of discrimination by USDA in USDA lending programs.

Documentation Requirements

The application includes step-by-step directions and a list of documents that are either required or recommended at each step.

Providing documentation, or evidence of discrimination, will help submitted applications throughout the process.

Do not include original supporting documents with your submission. Your documents will not be returned to you, and may be destroyed after the program concludes, in accordance with record management requirements. Please make and keep all original copies of all supporting documents that accompany your application.