A head lawyer for black farmers said it's likely they won't see money from their discrimination settlement until at least 2012.

"There will be a deadline for claims, but it has not yet been set," said Andrew Marks, a lead counsel for the farmers. "It's highly unlikely that anyone will get any money until some time in 2012."

President Barack Obama recently signed the $1.2 billion settlement into law, ending 20 years of legal back and forth and political fighting over the money for farmers who were discriminated against by the federal government when it came to loans and subsidies.

Farmers will receive an average of about $50,000, and some may qualify for up to $250,000 if they can prove economic damage up to that amount. John Boyd, president of the National Black Farmers Association, has repeatedly said that each farmer will have to go through a meidation process and that this was not a blanket settlement.

The process is based on concerns by some members of Congress about possible fraud. Rep. Michelle Bachman said the settlement was "rife with fraud." But there are several layers of approval that farmers will have to go through to claim a settlement. After meeting with a mediator, the settlement will have to be approved by the court and also be reviewed by government auditors.

The length of the process is one reason Boyd said he is speaking with the U.S. Department of Agriculture about funding outreach to farmers so that a repeat of what happened during the first settlement doesn't occur.

After black farmers successfully sued the government for discrimination in 1999 in the Pigford v. Glickman case, the federal government paid out $980 million to more than 16,000 farmers. Many eligible farmers were left out of the settlement or were not given enough time to file a claim. In 2007, then–Sen. Barack Obama introduced a bill to reopen the case, and the $1.2 billion settlement was agreed upon.

"My goal is to not leave anyone out. Now is the time for the farmers to reach out and say: 'This is what happened to me and I can tell my story," Boyd told BlackVoices in an interview last week. About 30,000 farmers have filed to be a part of the class.

Boyd said the settlement was bittersweet because so many farmers had died or lost their property while waiting for the claim.



Marks answered a few questions about the next steps in the process for Gannett News Service.

Question: What should farmers do now?

Answer: They should start gathering information, particularly any proof that they filed a claim in the original Pigford case. They also should gather any proof they were denied loans or other assistance or received less favorable terms than white farmers got.

Q: Who can apply?

A: This settlement applies only to black farmers who missed the deadline for filing a claim in the Pigford I case. But even farmers who can't prove they filed an application past that deadline should move forward in pursuing a claim, because claims arbitrators should have those records, Marks said.

Q: When can farmers apply and where?

A: They will be notified later, perhaps early next year, about where and when to file a claim.

Q: Why is it taking so long to get the money to farmers?

A: Final court approval of the settlement may not happen until next summer, Marks said. Farmers likely will have six months after that to file claims. Meanwhile, arbitrators are expected to begin reviewing claims.

Q: How much will black farmers get?

A: Farmers can choose two options for payment. The fast-track option pays a fixed amount. The other may pay more but requires a higher burden of proof, including evidence of economic damages.