By TIM THORNBERRY
Kentucky Correspondent

WASHINGTON, D.C. — More than a decade’s worth of litigation has come to an end, as a settlement between Native Americans and the USDA was reached earlier this month.

The class action lawsuit Keepseagle v. Vilsack, filed against the USDA by Native American farmers, alleged years of discrimination by the agency when it came to farm loans. U.S. Attorney General Eric Holder and Agriculture Secretary Tom Vilsack announced the settlement Oct.19 with Vilsack saying the administration is working to correct “an unfortunate civil rights history at USDA.”

In a statement, he added, “Today’s settlement can never undo wrongs that Native Americans may have experienced in past decades, but combined with the actions we at USDA are taking to address such wrongs, the settlement will provide some measure of relief to those alleging discrimination.”

Joseph Sellers, the lead plaintiff’s attorney in the case and partner at the law firm Cohen Milstein Sellers and Toll, said the settlement has been a long time coming and is a beginning of sorts for restitution to a group of Americans who have long been discriminated against.

“This case has been pending for nearly 11 years and our clients, many of them have been waiting for decades to get what we feel is this measure of justice,” he said.

“I feel compelled to note that the plight that Native Americans have in this country is profound, (suffering) from many limitations and burdens that have taken centuries to impose on them.

“I don’t expect this case alone to unburden them, but I do think it is going to substantially change the delivery of farm loan services.”
The settlement is worth $760 million, of which $680 million will be made available for discrimination claims while $80 million will go to debt forgiveness on outstanding USDA farm loans for eligible participants.

The settlement also “provides a broad range of programmatic relief for Native American farmers, including creation of a new Federal Advisory Council for Native American farmers and ranchers that will include Native American representation from around the country, as well as senior USDA officials,” according to the USDA.

In addition, a new ombudsman position will be created to “address farm program issues relating to Native American farmers and ranchers, as well as all other socially disadvantaged farmers and ranchers.”

Sellers said that farming without a good banker is hazardous, with the USDA being the last resort of those unable to secure loans through conventional means. The lack of available loans to Native Americans became the “death nail” for many of their farming operations, he added. He also said that hopefully this settlement will benefit generations.

“Our goal is, ultimately, besides getting some monetary relief for those who have been victims of the discrimination we have alleged in the past, is also to help keep Native Americans who are farming and ranching right now, on their properly and actively engaged in that enterprise, and to attract what we are hopeful is a new generation of Native Americans back to farming and ranching,” Sellers explained.

The National Congress of American Indians (NCAI) praised the action in a statement released last week. “This settlement provides long awaited justice for American Indian farmers and ranchers who have only sought an equal opportunity to work hard and succeed,” said Jefferson Keel, president of the NCAI.

“We are pleased that the court and the Obama administration have taken tangible steps today to right a wrong; (and) reinforce the trust relationship between the United States and American Indian tribal nations.”

The lawsuit has been passed from one administration to another since it was filed in 1999, but it was with the current administration that Sellers said he began to feel the end was in sight.

“With the new administration, and it didn’t happen overnight, we began to see some evidence that there was an interest in really wrestling with how to fix what we think has been largely a broken system for farm loan credit to minorities farmers,” he said.
“That was a very significant change from what we had seen before. We saw real interest in making substantive changes to the system sometime late last year.”

Sellers also said that had the case gone to trial, it would have been a time-consuming, costly affair that would have brought into public light much unflattering information about the USDA’s past.
The agency’s Office of the Assistant Secretary for Civil Rights webpage acknowledges past indiscretions, stating, “For decades, the United States Department of Agriculture has had an unfortunate and checkered history with regards to civil rights.”

 The information also stated Vilsack had made clear that “USDA would have zero tolerance for any form of discrimination.”
The settlement becomes final upon a formal approval from the U.S. District Court for the District of Columbia.