Black Agriculture Celebrate Pigford II Legislation ~ H.R. 4213, Section 608

American Jobs and Closing Tax Loopholes Act of 2010

Not too long ago, Congressman Charlie Rangel served our nation in the Korean War, his cell mate in a prison camp was a amazing soldier who served this nation with distinction, Mr. Leroy Sykes a gentle soul who shared values and beliefs that continue to serve this great nation.

The question to Congressman Charlie Rangel to find the "Ways and Means" to assist Black Agriculture producers find a measure of care and concern for a generation of Black Farmers who many continue to catch hell in the deep pockets of Rural America.

Indeed a American Jobs and Closing Tax Loopholes Act of 2010 is a place to place the seeds of a potential final resolution of the Pigford Class Action Lawsuit.

Black Agriculture producers will build an amazing new direction utilizing job creation, career development toward sustainable communities.

It is nice to see a nation beginning to hold elevated conversations about Blacks in Agriculture, it has indeed been a long difficult battle, today Leroy Sykes and many warriors who are smiling down upon us will celebrate Pigford II efforts, the Obama Administration and USDA Secretary Vilsack are indeed leading the way with action.


H.R. 4213 ~ SEC. 608.

APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION LITIGATION.

(a) Definitions- In this section:

(1) SETTLEMENT AGREEMENT- The term `Settlement Agreement' means the settlement agreement dated February 18, 2010 (including any modifications agreed to by the parties and approved by the court under that agreement) between certain plaintiffs, by and through their counsel, and the Secretary of Agriculture to resolve, fully and forever, the claims raised or that could have been raised in the cases consolidated in In re Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.), including Pigford claims asserted under section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209).

(2) PIGFORD CLAIM- The term `Pigford claim' has the meaning given that term in section 14012(a)(3) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2210).

(b) Appropriation of Funds- There is hereby appropriated to the Secretary of Agriculture $1,150,000,000, to remain available until expended, to carry out the terms of the Settlement Agreement if the Settlement Agreement is approved by a court order that is or becomes final and nonappealable. The funds appropriated by this subsection are in addition to the $100,000,000 of funds of the Commodity Credit Corporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212) and shall be available for obligation only after those Commodity Credit Corporation funds are fully obligated. If the Settlement Agreement is not approved as provided in this subsection, the $100,000,000 of funds of the Commodity Credit Corporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 shall be the sole funding available for Pigford claims.

(c) Use of Funds- The use of the funds appropriated by subsection (b) shall be subject to the express terms of the Settlement Agreement.

(d) Treatment of Remaining Funds- If any of the funds appropriated by subsection (b) are not obligated and expended to carry out the Settlement Agreement, the Secretary of Agriculture shall return the unused funds to the Treasury and may not make the unused funds available for any purpose related to section 14012 of the Food, Conservation, and Energy Act of 2008, for any other settlement agreement executed in In re Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.), or for any other purpose.

(e) Rules of Construction- Nothing in this section shall be construed as requiring the United States, any of its officers or agencies, or any other party to enter into the Settlement Agreement or any other settlement agreement. Nothing in this section shall be construed as creating the basis for a Pigford claim.

(f) Conforming Amendments- Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209) is amended--

(1) in subsection (c)(1)--

(A) by striking `subsection (h)' and inserting `subsection (g)'; and

(B) by striking `subsection (i)' and inserting `subsection (h)';

(2) by striking subsection (e);

(3) in subsection (g), by striking `subsection (f)' and inserting `subsection (e)';

(4) in subsection (i)--

(A) by striking `(1) IN GENERAL- Of the funds' and inserting `Of the funds'; and

(B) by striking paragraph (2);

(5) by striking subsection (j); and

(6) by redesignating subsections (f), (g), (h), (i), and (k) as subsections (e), (f), (g), (h), and (i), respectively.