Southwest IAC MeetingSeptember, 2017

Regaining Our Future:An In Depth Discussion On Food

Sovereignty, Food Security, Food

Safety & The Farm Bill

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

§ Food Sovereignty • Definitions

§ Food Security• Supply and Demand• Regional Issues

§ Food Safety• How to protect the individual• How to protect the tribe

§ Model Food Code• Need, Laws, Examples

§ Farm Bill Discussion • Regaining Our Future Report• Next Steps

Welcome & Introductions

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

Who we are and what we do

The Indigenous Food and Agriculture InitiativeIFAI

IFAIThe Indigenous Food and Agriculture Initiative

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

IFAI was created by Dean Stacy Leeds and Janie Hipp of the University ofArkansas.

MISSION:The Initiative enhances health and wellness in tribal communities byadvancing healthy food systems, diversified economic development andcultural food traditions in Indian Country. We empower tribalgovernments, farmers, ranchers and food businesses by providingstrategic planning and technical assistance; by creating new academicand professional executive education programs in food systems andagriculture; and by increasing student enrollment in land grantuniversities in food and agriculture related disciplines.

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

Agriculture Census 2012:§$3B annual market value• Evenly divided between livestock and all other

§50+M acres of land in Indian Country are already engaged in food and agriculture.

§Most of the value of that product leaves the lands and communities and doesn’t return.• 20M of the 26M acres in Arizona involved in food and agriculture is under

direct Tribal control.§ Largest contiguous farm in the US is Navajo NAPI; top 10 farms in

SD, AZ, NM, OR, WA, CA, ID, etc. are Tribal farms.

Indian Country Agriculture At A Glance

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE12-M127

Number of Farms with American Indianor Alaska Native Operators: 2012

1 Dot = 10 Farms

U.S. Department of Agriculture, National Agricultural Statistics Service

United States Total44,671

0 100

Miles0 100

Miles

0 200

Miles

2012 Census of Agriculture

Food Sovereignty“We aren’t Sovereign if we can’t feed ourselves” Ross Racine, Director IndianAgriculture Council.

General Concept: Food Sovereignty “refers to the rights of people to define howthey will hunt, grow, gather, sell, or give away their food with respect to their owncultures and own systems of management of natural resources.” (Guario 2015).Another similar definition: The Right for Indigenous Nations to define their owndiets and shape food systems that are congruent with their spiritual and culturalvalues. (Wellforculture).

◦ https://www.youtube.com/watch?v=SPOpDBVzuT0◦ https://www.youtube.com/watch?v=ZhIYpp3F820◦ https://www.youtube.com/watch?v=Wg8powwklg8

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

USDA's labels describe ranges of

food security for households:

High food security: no reported indications of food-access problems orlimitations. Marginal food security: one or two reported indications—typically of

anxiety over food sufficiency or shortage of food in the house. Little or no

indication of changes in diets or food intake.

Food Insecurity - Low food security: reports of reduced quality, variety, or

desirability of diet. Little or no indication of reduced food intake. Very low foodsecurity: Reports of multiple indications of disrupted eating patterns and reduced

food intake.

Community Food Security:

Does your community have access to a clean and healthy environment for

producing or receiving food and water?

Food Security

Feeding Programs:Importance to Indian Country

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

I. Nearly 24 percent of American Indian and Alaska Native households receive Supplemental Nutrition Assistance Program (SNAP) benefits

II. Nearly 25 percent of Native people receive some type of food assistance

III. 276 Tribes utilize the Food Distribution Program on Indian Reservations (FDPIR) commodity food program which is administered by over 100 Indian Tribal Organizations (ITO’s) throughout Indian Country that employ Tribal members

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

0 190 38095 mi

0 - 100

101 - 500

501 - 1,000

> 1,000Source: USDA Economic Research Service, ESRI. For more information:Date: 4/3/2017

Households, no car & low access to store, 2010

http://www.ers.usda.gov/data-products/food-access-research-atlas/documentation.aspx

Feeding Programs:

2014 Farm Bill & Indian Country

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

ü2014 Farm Bill included a few Indian Country specific provisions:

ØAuthorized a demo project to include traditional and locally grown

foods from Native producers in FDPIR food packages.

ØSection 4033 allowed traditional foods to be donated in residential

child care facilities, child nutrition programs, hospitals, clinics, long-

term care facilities, and senior meal programs.

§ Traditional foods were defined as: wild game meat, fish, seafood,

marine mammals, plants, and berries.

§ Section waived liability arising from harm caused by donation food

but also included call for USDA and FDA to require service of these

foods “if certain food safety measures are met.”

Feeding Programs: SNAP and FDPIR

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

FDPIR and SNAP are likely the two most critical feeding programs forIndian Country that are funded through the Farm BillüFDPIR usage throughout Indian Country is currently around 100,000individuals each month. This is an increase of at least 20,000individuals over the last few years.

§ For example, in 2010, 24% of American Indian people received SNAP. 13% ofthe total US population was receiving SNAP that year.

üEach time SNAP funding or SNAP benefits are reduced, the FDPIRITO’s around the country see their participation numbers rise.üSNAP will likely be a point of contention in this Farm Bill just as it wasin the previous one.

Feeding Programs:FDPIR in Indian Country

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

ü FDPIR serves 100,000 American Indian and Alaska

Native People around the country today.

ü FDPIR is managed on the ground by over 100 Indian

Tribal Organizations (ITO’s), which manage the

program for 276 participating Tribes.

ü FDPIR is an alternative to SNAP– participants can’t

utilize both programs simultaneously.

ü Unlike SNAP, the FDPIR provides actual packages of

food to participants. This is critical in food deserts

or for individuals who cannot access a store.

Feeding Programs:FDPIR in Indian Country

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

§ The FDPIR is funded at the federal levelalongside SNAP– it is literally part of the SNAPbudget line.

§ Cuts to SNAP might mean cuts to FDPIR, ormore likely as has happened in the past, noincrease in FDPIR funding but a drasticunplanned increase in participants who can nolonger access SNAP.

§ The process for getting a food into the packageright now is lengthy, but it could ultimately:• (1) provide a critical market for Native

producers; and• (2) help Tribal citizens in need gain access to

more healthy, local, traditional foods

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

Food Sourcing for Feeding Programs

USDA foods purchases:

USDA buys food from US

Producers for every feeding

Program shown here! USDA

Bought $1.6 billion worth of

Food for food packages in

fiscal Year 2013. $28 millionof that went to purchase

foods for the FDPIR in that

year. If all– or even most!—

of that $28 million went to

Native Producers, it would

be a significant economic

boost.

Food SafetyüTribal governments have the inherent authority to regulate for food safety

protectionüFederal law establishes broad standards and is changing rapidlyüThe science behind food safety is becoming more specific and regulations

are moving to the “farm level” (which means liability is moving there also)üState and local jurisdictions already establish their own standards and

enforce locally in conjunction with the federal governmentüTribal foods move across jurisdictions regularlyüTribal governments have adopted model food codes for retail food

establishments, but will need to act to include on-farm food safety as the federal system moves in that direction

üTribal governments need to protect our producers and resources

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

FSMAThe Food Safety Modernization Act

The Food Safety Modernization Act (FSMA) was signed into law in 2011 tofurther the food safety of produce produced and consumed by the public. TheUS Food and Drug Administration was tasked to develop and implementregulations related to FSMA. Included in this is a comprehensive effort to traingrowers and suppliers such that they meet certification requirements ofFSMA.

In September 2016, the Indigenous Food and Agricultural Initiative (IFAI) atthe University of Arkansas was named as the Native American Tribal Centerfor Food Safety Outreach, Education, Training and Technical Assistance. IFAI iscooperating with a wide array of partners, including the Intertribal AgriculturalCouncil, to bring a series of webinars and face-to-face certification trainings totribal producers and food businesses to fulfill requirements of FSMA.

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

The Model Food and Ag Code

In 2008, the Indian Health Service published a presentation that stated 53 tribes had adoptedsome form of the Food and Drug Administrations “Model Food Code.” (Young). In our researchonly a handful of tribes have agriculture codes developed separate from the FDA’s code. Thereare over 567 Federally Recognized Tribes and as of 2008 there were already over 5,000 tribalfood service establishments (Young). Each State however has some form of agriculturestatutes/code.

The Model Food and Agriculture Code Project is coordinated by IFAI. The project serves as aresource for tribal governments to provide model codes in food and agriculture for review,adoption and implementation. These codes will support and facilitate agriculture production,food systems improvement and health outcomes improvement in Indian Country.

“When tribal governments fail to exercise their sovereignty in this specific way, they are leftwith either local, state, federal or international laws being the “rule of law” that then apply totheir activities the minute their foods cross tribal jurisdictional boundaries or their farmerstransact business away from home.” (Hipp).

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

How to Protect your farm and visitorsLiability is a significant concern for farmers, ranchers, and others who operate agritourismenterprises.

Invitees are persons who enter upon the premises with the permission of the landowner oroperator. Invitees provide an economic benefit to the landowner or operator and are owedthe highest duty of care. The landowner must warn invitees of potential dangers and mustkeep the premises relatively safe for them. The term “invitees” not only includes payingcustomers at the agritourism operation, but may also include employees that are staffingthe event. This heightened standard for invitees necessitates the creation of a riskmanagement plan to address issues before they become a problem.

Due to the lack of tribal laws and regulations liability of individual Indians is a grey area,various factors and conditions can trigger various jurisdictional issues such as:ØType of business tribal vs. individual (sovereign immunity)

o Tribal vs. non Tribal - LLC, Section 17, Sole Proprietor etc.ØType of land being used, trust, fee, inside or outside reservation boundariesØType of notice or signage/release form providedØLevel of danger or risk – level of training and safety precautionsØFood safety practices and standards

o Food borne illness – traceability – food safety plansØAnimal risks, inherently dangerous activity and fecal contamination or animal attackFor more information regarding landowner liability issues, visit the Landowner Liability Reading Room.

Tribal Agriculture Through a Fed Lens

The IFAI is actively developing the Tribal Model Food and Agriculture Code withexisting agricultural laws and regulations in mind. The adoption of our code will likelystrengthen these existing laws and regulations. Examples of two such laws include:

American Indian Agricultural Resource Management 25 U.S.C. Chpt. 39, 1993(AIARMA): “development and management of Indian agricultural lands in accordancewith integrated resource management plans will ensure proper management ofIndian agricultural lands and will produce increased economic returns, enhanceIndian self-determination, promote employment opportunities, and improve thesocial and economic well-being of Indian and surrounding communities”

The 2012 Hearth Act (P.L. 112-151): This Act amends the Long Term Leasing Act. Itauthorizes Tribes to lease tribal land for businesses or other purposes for up to 75years (25-year base with 2 renewal terms) for business and agricultural leases withoutreview and approval by the Secretary of the BIA. Tribes must have regulations in placeas well as an environmental review process.

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

The Farm BillThe Farm Bill is one of the single largest pieces of domestic legislation in the United States.Enacted by Congress approximately every five years. The farm bill is a fairly comprehensive,multiyear piece of legislation that governs a substantial array of federal farm, food, fiber,forestry, and rural policies and programs under the joint jurisdiction of the House Committeeon Agriculture and the Senate Committees on Agriculture, Nutrition, and Forestry.

Farm Bill Titles: Title I: Commodities, Title II: Conservation, Title III: Trade, Title IV: Nutrition,Title V: Credit, Title VI: Rural Development., Title VII: Research and Extension, Title VIII:Forestry, Title IX: Energy, Title X: Horticulture, Title XI: Crop Insurance, Title XII: Miscellaneous

Authorization vs. Appropriation - There are two broad types of legislation, authorizations andappropriations. The farm bill is authorizing legislation, meaning it establishes policies andcreates programs, most of which must then seek funding through annual appropriationslegislation in order to be implemented. There are 12 annual appropriations (governmentspending) bills each year, one of which is agricultural appropriations. That bill contains fundingfor most USDA programs (other than the US Forest Service) and for all Food and DrugAdministration programs (SAFSF).

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

Farm Bill Continued

The 2014 Farm Bill was projected to cost about$489 billion over the five years of the bill’s life,according to the USDA Economic Research Serviceusing data from the Congressional Budget Office,Cost Estimates for the Agricultural Act of 2014(expiring Sept 30, 2018), (NSAC).

The 2018 Farm Bill is projected to cost have yet tobe determined. The original estimates for the 2014Bill (after a decade) were at $965 billion but as ofJanuary 2017, they have dropped by over $80billion. Currently legislators are calling for a $10billion dollar cut to the food stamp program.

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

Native Farm Bill Coalition

The Native Farm Bill Coalition was established last month to educate and lobby onbehalf of American Indians and Alaska Natives for the upcoming 2018 Farm Bill.

Why is the Native Farm Bill Coalition needed? Indian Country has been largelyrelegated to the margins of Farm Bill discussions for decades – which means that NativeAmericans and tribes are missing out on major opportunities to protect and advancetheir interests. The Native Farm Bill Coalition is a new effort to give Native Americans astrong, united voice to advance a common Farm Bill agenda benefiting Indian Country.

Many of the founding members of the coalition have been advocating for tribes fordecades, this coalition unifies these individuals and groups to strengthen the voice ofIndian Country for 2018 Farm Bill. The coalition is calling on each tribe to passresolutions supporting their efforts, these can be found on their websitewww.nativefarmbillcoalition.org

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

Founding Partners: § Shakopee Mdewakanton Sioux Community§ Intertribal Agriculture Council§ National Congress of American Indians§ Indigenous Food and Agriculture Initiative

(Research Partner)

Ø 2018 Farm Bill – Second largest spending bill Congress passes• $1,000,000,000,000 Trillion (projected over 10 years)

Ø Largest coordinated effort to defend/extend Indian Country’s interests!

Ø Need Tribal Leadership and Tribal Organizations to get involved!• Pass a resolution, send logo, and point of contact’s information• Provide input, get latest updates, and receive information

Website: www.nativefarmbillcoalition.orgEmail: info@nativefarmbillcoalition.org

Top Six Agriculture Commodities In New Mexico

Indigenous Food and Agriculture Initiative

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE

INDIGENOUS FOOD AND AGRICULTURE INITIATIVE1045 W. Maple St, Fayetteville, AR 72701

Visit our website:www.indigenousfoodandag.com

Janie Simms Hipp, J.D., LL.M. (Chickasaw)

Directorjhipp@uark.edu(479) 575-4699

Toni Stanger J.D. Director of Tribal Governance The Indigenous Food and Agriculture Initiative The University of Arkansas 479-575-4434tmstange@uark.edu

Colby Duren Esq. Director of Policy and Staff AttorneyThe Indigenous Food and Agriculture Initiative The University of Arkansas cduren@uark.edu