A vote on a bill to fund the settlement of a $1.25 billion discrimination lawsuit brought by black farmers could come as early as today, said John Boyd, president of the National Black Farmers Association.

Boyd said that after numerous discussions with White House officials and Republican leaders, a bill that includes only a vote on a water issue and another settlement for the Native American Land Trust may be voted on today.

Unlike previous votes, Boyd said the bill could be issued as a unanimous-consent vote, which means no one would object to its passing. That also means it would take only one senator's objection to send the bill to defeat.

"From all indications I have, it is a pretty solid deal on the table. We have Republicans and Democrats supporting it. There is always an opportunity for one senator to try and hold out," Boyd said in a conference call this morning.

Black farmers successfully sued the federal government and the United States Department of Agriculture for blatantly denying them access to low-interest loans and farm subsidies, while granting these same benefits to white farmers. When black farmers did receive loans, they were often at a rate higher than those offered to white farmers. Equipment grants and subsidies often came too late and without explanation, as farming is an extremely time sensitive endeavor.

The federal government first settled Pigford v. Glickman in 1999, paying out more than $980 million to 16,000 farmers, but many of the black farmers who were discriminated against were not properly notified or given enough time to join the suit.

As a result, a 2007 farm bill introduced by President Barack Obama reopened the settlement and the $1.25 billion figure was agreed upon. But the payment has not made it through the Senate, because it was a part of larger bills that were voted down. The bill has passed the House twice but failed at least seven times in the Senate. This is the 10th time the bill will be up for a vote in the Senate

Sen. Tom Coburn, a Republican from Oklahoma, has blocked the black farmers' settlement and the $3.4 billion Indian Trust settlement that deals with the way the U.S. government mismanaged trusts that contained the proceeds of oil drilling and timber proceeds done on Indian land. He has said he wants to make sure the settlements don't add to the U.S. deficit.

Boyd said all of the bills in question are offset, and will not add to the deficit and that he believes he now has Coburn's support along with bipartisan support on the issue.

"Mr. Coburn blocked the measure before the recess but now seems to be on board to support this measure by unanimous consent. There appears to be an agreement on offsets, and I am hopeful today we can move forward for these black farmers who have been through hell and back," said Boyd.

Boyd said he has worked hard to clear up the misconception that this is a blanket settlement. Individual farmers will still have to have their cases heard to determine whether they are eligible for a settlement and to decide how much they receive. The average payout is expected to be about $50,000 each, not nearly enough to compensate farmers for the loss of their land or the generational wealth lost because the land could not be sold or passed down.

But as has happened in the past, there is always the possibility that the bill could fail. Boyd said black farmers are dying, and many families continue to lose their lands while waiting on the settlement.

If today's settlement fails, Boyd said he is calling on the White House to fund the settlement with U.S. Department of Agriculture administrative funds the way it did for Blanche Lincoln, a Democratic senator from Arkansas who recently won a promise of $1.5 billion in disaster aid for farmers in her home state for the loss of crops last year.

With Republicans set to take control of the House in the new session, Boyd said this is the bill's last and best shot at passing.

"When the new Congress takes over there will be new committee assignments. The first thing they will say is: 'We need new time to assign committee chairs.' This is the most opportune time to get this done and not go into a new session," said Boyd.

"This vote will show who will be for it and who is against it. Today it shows who is for the black farmers and who is against us."