Settlement FAQs

how to apply for the black farmers settlement

by Dayana Jones Published 2 years ago Updated 2 years ago
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How can we help black farmers in America?

Second, $1 billion is allocated to allow the Secretary of Agriculture to provide training, technical assistance and other assistance to black farmers and other farmers of color, as well as community-based organizations and the 1890 and 1994 Land Grants and other minority serving institutions.

Did USDA do enough to deal with the black farmers'lawsuit?

And in dealing with the black farmers' lawsuit, the former brass at USDA certainly didn't do much to dispel such criticism. Pigford is actually the last of several lawsuits brought by black farmers against USDA.

Is there still an opportunity for black farmers to file claims?

News reports indicate that an organization known as the Black Farmers and Agriculturists Association (based in Memphis, TN) may be advising black farmers that there is still an opportunity to seek a recovery in this case and that a payment to BFAA will allow them to file a claim.

Did the Pigford settlements make black farmers whole?

Known as Pigford I and II, two class-action lawsuits against the USDA paid out $2.3 billion to Black farmers who alleged racial discrimination in the department’s allocation of farm loans and assistance beginning in 1983. The Pigford settlements, however, did not make Black farmers whole, according to McCurty.

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How much land do black farmers own?

Today, Black farmers own only about 1% of US farmland.

What state has the most black farmers?

TexasSource: USDA NASS, 2012 Census of Agriculture. Texas has more black farmers than any other state, but they make up only 3 percent of the state's total farmers. Black farmers make up a larger share of total farmers in Mississippi (12%), Louisiana (7%), South Carolina (7%), Alabama (6%), and Georgia (4%).

Why was the black farmers class action lawsuit filed?

In 2004, the Black Farmers and Agriculturalists Association (BFAA) filed a US$20.5 billion class action lawsuit against the USDA for the same practices, alleging racially discriminatory practices between 1997 and 2004. The lawsuit was dismissed when the BFAA failed to show it had standing to bring the suit.

Who is the head of the Black farmers Association?

John Boyd, Jr.John Boyd, Jr., Founder and President, National Black Farmers Association, 4th generation Black Farmer in Mecklenburg County, Virginia sued the US Dept of Agriculture (USDA) and received a Fact of Finding for Racial Discrimination which led to the 1st USDA Discrimination settlement by an individual.

How many Black farms are in the US today?

Today, 45,000 out of the 3.4 million farmers in the United States identify as Black according to the United States Department of Agriculture (USDA).

What race are most farmers?

White85.2% of Farmers, ranchers, & other agricultural managers are White (Non-Hispanic), making that the most common race or ethnicity in the occupation. Representing 7.27% of Farmers, ranchers, & other agricultural managers, White (Hispanic) is the second most common race or ethnicity in this occupation.

What is the largest civil rights settlement in history?

consolidated PigfordThe consolidated Pigford and Brewington cases were settled by the parties in 1999 and became the largest civil rights settlement in history.

Does the USDA discriminate?

In USDA programs, discrimination is prohibited on the bases of race, color, religion, sex, age, national origin, marital status, sexual orientation, familial status, disability, limited English proficiency, or because all or a part of an individual's income is derived from a public assistance program.

How does USDA distorted data to conceal decades of discrimination against black farmers?

An investigation by The Counter found that USDA promoted misleading data to depict a fictional renaissance in Black farming. That narrative falsely inflated the department's record on civil rights—and ultimately cost Black farmers land, money, and agency.

Where does John Boyd Jr live?

John Wesley Boyd Jr. New York City, New York, U.S. He owns and operates a 300-acre (1.2 km2) farm in Baskerville, Virginia where he grows soybean, corn and wheat and currently raises a hundred head of beef cattle. For 14 years Boyd was a chicken farmer in a Perdue Farms breeder program.

What percentage of farmers in US are Black?

1.4 percentToday, just 1.4 percent of farmers identify as Black or mixed race compared with about 14 percent 100 years ago. These farmers represent less than 0.5 percent of total US farm sales (Exhibit 1).

What percentage of US farms are Black owned?

Black-operated farms accounted for 4.7 million acres of farmland, 0.5 percent of the U.S. total. The majority of these farms (85 percent), like U.S. farms generally (70 percent), had fewer than 180 acres. The average size of black-operated farms was 132 acres.

Which state has the most farmers?

TexasTexas has the most farms in the United States followed by Missouri & Oklahoma.RankState1Texas2Missouri3Iowa4Oklahoma6 more rows•Jul 22, 2022

How many Black farmers are in North Carolina?

In North Carolina, Black farmers run about 1,500 of the state's farms.

Boyd Calls Out PepsiCo For ALL Talk and NO Contracts For National Black Farmer Members

BASKERVILLE, Va., Jan. 27, 2022 /PRNewswire/ -- John Boyd, president of the National Black Farmers Association (NBFA), today called out PepsiCo for Continued Discrimination after a year and half of ALL talk and NO contract following a verbal commitment.

Push for Equality

PUSH FOR EQUALITY: John Boyd, president and founder of the National Black Farmer’s Association, discusses supply chain issues, the fight for promised aid and federal relief.

State of Black Farmers

Chairman David Scott hosted a hearing with National Black Farmer President John Boyd, Jr. and others on March 25, 2021 at 12 pm.

What is Section 1005?

Section 1005 in the American Rescue Plan is tailored to provide relief for socially disadvantaged farmers and ranchers with outstanding USDA FSA indebtedness.

What is ARP 1005?

Relief for Black Farmers - Section 1005 of the American Rescue Plan (ARP) The American Rescue Plan includes two provisions to provide needed relief to Black, Indigenous, and Farmers of Color. First, the bill provides $4 billion in debt relief for certain USDA farm loans.

How much debt relief is there for farmers in 2021?

The debt relief in the American Rescue Plan provides up to 120 percent of outstanding indebtedness, as of January 1, 2021, on certain direct or guaranteed farm loans. Amounts remaining after debt obligations to the USDA or guaranteed lender are paid off are provided to the farmer or rancher to account for the tax implication of the debt relief. ...

How much is the American Rescue Plan?

The American Rescue Plan provides $1.01 billion to the Secretary of Agriculture for assistance to socially disadvantaged farmers, ranchers, and forest landowners who have historically faced discrimination by USDA, with such assistance provided directly to producers and through community-based organizations, land-grant universities, and other minority serving institutions of higher learning. These funds will support:

Is ARP only for USDA loans?

Debt relief in the ARP agriculture section is only for USDA direct and guaranteed farm loan debts as of January 1, 2021. It does not address “non-Federal” debt unless it is an FSA guaranteed loan with a commercial bank or Farm Credit System institution.

Does the USDA discriminate against farmers?

Decades-long discrimination against farmers and ranchers of color by the USDA in its administration of farm loan programs and other safety net programs is well-documented, and we still see the effects of that discrimination today.

Why was Pigford filed?

Chief among the reasons are that Pigford was filed on behalf of black farmers alone for a specific time period and, most importantly, the political climate was ripe for the charges. In 1994, Dan Glickman was named secretary of agriculture, replacing Mississippian Mike Espy.

What was the last lawsuit against the USDA?

Pigford is actually the last of several lawsuits brought by black farmers against USDA. As late as 1995, a lawsuit charging USDA with racism against not only blacks but also Hispanics was filed in Washington, D.C. Titled Williams vs. Glickman, the suit was quickly given the boot by Judge Tom Flannery, who said the suit wasn't worthy of class-action status.

How much did the USDA spend on settlement ads?

Meanwhile, USDA spent over $400,000 taking out ads on the settlement in a variety of print media and on television. The push was on. According to one Delta farmer who attended class-counsel meetings, attorneys promised “easy money quick. They wanted as many names on the signup sheet as possible.

How many members were on the CRAT tour?

According to reports, the tour was well-attended, and the 11-member CRAT did plenty of note-taking. The touring personnel eventually returned to Washington, D.C., and CRAT began blaming USDA's Civil Rights Division (CRD) as having been derelict.

How to become a claimant other than skin color?

First, you have to have been discriminated against during the “window” outlined above. Second, you must claim to have applied for a loan or payment and been turned down for discriminatory reasons. Third, you must have filed a discrimination complaint prior to July 1997.

What ethnic groups have filed lawsuits against the USDA?

Meanwhile, from all colors of the ethnic rainbow, copycat lawsuits have sprung up. American Indians, Asians, Hispanics and whites have all filed, or are preparing to file, separate suits alleging discrimination and incompetence at the hands of USDA agencies.

What is the key word in the second criteria?

But there are caveats. For example, the key word in the second criteria is “claim .” A claimant doesn't need a shred of evidence beyond a spoken sentence or two.

What is direct farm ownership loan?

The Direct Farm Ownership Down Payment loan is the only loan program specifically for historically underserved and women farmers and beginning farmers. Down Payment loan funds may be used only to partially finance the purchase of a family farm. Loan applicants must contribute a minimum downpayment of 5 percent of the purchase price of the farm and the Agency will finance 45 percent to a maximum loan amount of $300,000. The balance of the purchase price not covered by the down payment loan and the loan applicant's down payment may be financed by a commercial lender (pdf, 563KB), private lender, a cooperative, or the seller.

What is the FSA loan?

While FSA is committed to serving all farmers and ranchers, by statute, FSA targets a portion of all Guaranteed loan funds, Direct Operating and Direct Farm Ownership loan funds, Microloan funding, and Youth loans, to historically underserved farmers and ranchers, which include: Native Hawaiians and Pacific Islanders.

What are the requirements for SDA loan?

To be considered for targeted "SDA" loan funding, loan applicants must voluntarily provide his or her ethnicity, race and/or gender on the loan application. Otherwise, the Agency's loan process and loan requirements are identical for all loan applicants. There is no difference between historically underserved and women applicants and those who do not fall under this funding allocation other than the availability of targeted funding.

What information do you need to be considered for targeted funding?

To be considered for targeted funding, loan applicants must voluntarily provide race, ethnicity, and gender information . You do not have to choose between identifying as an historically underserved individual or a beginning farmer, nor is there a "benefit" of deciding between one designation over the other.

Can a direct farm loan be combined with a direct operating loan?

Simultaneous requests for a direct farm ownership loan and a direct operating loan should be combined on a single application form.

What is section 2 of the Packers and Stockyards Act?

(1) in paragraph (8), by striking “for slaughter” and all that follows through “of such poultry” and inserting “under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person ”;

What does "secretary" mean?

Definitions. (1) S ECRETARY.—The term “Secretary” means the Secretary of Agriculture. (2) S OCIALLY DISADVANTAGED FARMER OR RANCHER.—The term “socially disadvantaged farmer or rancher” means a farmer or rancher who is a member of a socially disadvantaged group.

What is USDA 1890?

USDA/1890 National Scholars Program. “ (a) Definition of program .—In this section, the term ‘program’ means the USDA/1890 National Scholars Program established by the Secretary. “ (b) Authorization .—The Secretary shall continue to carry out the program.

What is an independent civil rights board?

(2) to protect the rights of individuals who seek to file, or do file, a discrimination complaint with the Office.

What is Sec. 301?

Sec. 301. Funding for historically Black colleges and universities.

How many KB is a PDF?

PDF (383KB) (PDF provides a complete and accurate display of this text.)

What is the meaning of Sec. 104?

Sec. 104. Office of the Assistant Secretary for Civil Rights reforms.

How many black farmers are there in the US?

Of the 3.4 million farmers in the United States today, only 45,000 are Black, according to the USDA, down from 1 million a century ago. Black farmland ownership peaked in 1910 at 16 to 19 million acres, about 14 percent of total agricultural land, according to the Census of Agriculture. A century later, 90 percent of that land had been lost. White farmers now account for 98 percent of the acres, according to USDA data.

How did discrimination start?

Discrimination started a century ago with a series of federal Homestead Acts that offered mainly White settlers deeply subsidized land. Since then, local U.S. Department of Agriculture offices charged with distributing loans have frequently been found to deny Black farmers access to credit and to ignore or delay loan applications. Many Black farmers don’t have clear title to their land, which makes them ineligible for certain USDA loans to purchase livestock or cover the cost of planting, and they have seldom benefited from subsidy payments or trade mitigation compensation — almost all of President Donald Trump’s $28 billion bailout for those affected by the China trade war went to White farmers.

How many senators voted against the relief for farmers of color?

The relief for farmers of color did not go unchallenged in Congress, with 49 Republican senators voting against it.

What is the stimulus bill?

The stimulus bill provides grants and loans to improve land access and address heirs’ property issues (such as when a farmer dies without a will and his or her land is divided up between all legal heirs), establishes a racial equity commission to address systemic racism at the USDA, and provides financial support for research and education at historically Black colleges and land grant universities.

What are the consequences of the USDA's own practices?

Many civil rights advocates say the USDA’s own practices have resulted in the loss of land and generational wealth for Black families.

How much did the average black farmer make in 2017?

The Center for American Progress found that in 2017, the average full-time White farmer brought in $17,190 in farm income, while the average full-time Black farmer made just $2,408. Many civil rights advocates say the USDA’s own practices have resulted in the loss of land and generational wealth for Black families.

Did Pigford make black farmers whole?

The Pigford settlements, however, did not make Black farmers whole, according to McCurty.

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