"Cultivating Wealth" with BFAA

The Black Agricultural Financial Network

May 12, 2025

Black Farmers and Agriculturalists Association (BFAA) Newsletter

Black Farmers and Agriculturalists Association (BFAA)
Edition: April Volume 4

BFAA members. We hope this newsletter finds you well. As we continue to stand together for justice and equity in agriculture, there are several topics we must address to ensure that our members are fully informed and equipped to navigate the opportunities and challenges ahead.

In This Issue:

  1. Legal Update: Status of the BFAA lawsuit and what a ruling could mean

  2. Understanding ECAP: Application deadlines and critical reminders

  3. Heir Exclusion: Why heirs remain central to this movement

  4. Zoom Call Access: Rescheduled session and where to find future dates

  5. Black Land Stewardship Series: Virtual workshop launching in May

  6. Policy Spotlight: Legislative moves worth watching

  7. Family Milestones: Celebrating BFAA birthdays and anniversaries

  8. Call to Action: Ways to stay involved and empowered

1. ⚖️ Update: The BFAA Lawsuit Moves Forward

Our ongoing legal challenge against the USDA continues to progress in the Sixth Circuit Court of Appeals. At stake: the right of heirs of Black farmers to be included in discrimination-based financial relief. A decision is anticipated in the coming months and could reshape eligibility standards moving forward.

Why Is This Lawsuit Important?

The BFAA lawsuit seeks to ensure that the heirs of discriminated Black farmers are given the same opportunity to receive compensation as the farmers themselves. Our legal argument is that excluding heirs violates their rights to inherit real and personal property, which has been a cornerstone of family legacy and farming.

Key Points of the BFAA Lawsuit:

  • The Defects in DFAP: The BFAA argues that DFAP is unconstitutional because it denies heirs the ability to inherit property and receive compensation for historical discrimination.

  • The Legal Battle: While the case lost at the Western District of Tennessee Court, it is currently under review by the 6th U.S. Circuit Court of Appeals. Oral arguments were heard in January 2025, and a ruling is expected in the coming months.

  • What It Means for Heirs: If the lawsuit is successful, heirs of Black farmers who were discriminated against by the USDA will be able to claim their rightful share of the compensation. This could result in significant financial relief for those who were excluded from the ECAP Program.

  • The Defects in DFAP: The BFAA argues that DFAP is unconstitutional because it denies heirs the ability to inherit property and receive compensation for historical discrimination.

  • The Legal Battle: While the case lost at the Western District of Tennessee Court, it is currently under review by the 6th U.S. Circuit Court of Appeals. Oral arguments were heard in January 2025, and a ruling is expected in the coming months.

  • What It Means for Heirs: If the lawsuit is successful, heirs of Black farmers who were discriminated against by the USDA will be able to claim their rightful share of the compensation. This could result in significant financial relief for those who were excluded from the ECAP Program.

2. Understanding ECAP: What to Know Before It Closes

The ECAP program offers financial assistance to farmers who experienced USDA discrimination prior to 2021. Though it has provided crucial relief, the program does not currently include heirs—underscoring the need for continued advocacy.

✔ Make sure your paperwork is complete
✔ Seek clarification early if unsure about eligibility
✔ Monitor final submission dates

3. The Exclusion of Heirs: A Systemic Oversight

One of the most pressing issues facing Black farmers today is the exclusion of heirs—the sons, daughters, and grandchildren—of those who were directly affected by USDA discrimination. While ECAP (Equitable Compensation and Assistance Program) offers financial relief to Black farmers who were discriminated against by USDA practices prior to 2021, heirs are excluded from receiving compensation.

Why Heirs Matter:

For generations, Black farmers have passed down land and agricultural knowledge from parent to child, often through informal inheritance practices. However, due to historical discrimination and land loss, many Black families have experienced difficulty in securing proper titles, legal ownership, and the ability to pass land down to their children. In fact, Black families lost millions of acres of farmland due to unfair government practices such as redlining, loan denials, and discriminatory debt collection.

The right to inherit is essential for preserving Black wealth and ensuring generational stability. In many cases, heirs—the children, grandchildren, and great-grandchildren of farmers—are the future stewards of the land, and yet they are excluded from the very relief that could help them preserve and restore their family’s agricultural legacy.

The Case for Including Heirs:

The BFAA’s lawsuit against the USDA argues that the Discrimination Financial Assistance Program (DFAP), which was designed to provide financial relief for discrimination in agricultural programs, unconstitutionally excludes heirs who should be entitled to compensation. Excluding heirs not only leaves families without resources to protect their land but also undermines the intergenerational wealth that is vital to Black families’ long-term economic prosperity.

  • Inheritance is a cornerstone of Black farming: Heirs are often the next in line to carry the legacy of Black agriculture, yet policies like ECAP ignore their contributions, disregarding the critical role of family in Black farming.

  • Preserving family legacy: If heirs are denied compensation, they also face a future with increased risk of land loss, continued debt accumulation, and financial instability. Inheritance, for many, is the only pathway to maintaining and enhancing family wealth.

This isn’t simply a legal fight. The exclusion of heirs is a cultural and generational issue. When families are forced to abandon land or lose it due to financial pressures, it leads to the erosion of Black agricultural presence across the nation. Family farms have been central to Black identity and culture for centuries, and without a push for inclusive relief, that identity will continue to fade.

The BFAA lawsuit calls for fairness and equity, arguing that compensation should not stop with the direct victims of USDA discrimination but must extend to their heirs, as they carry the legacy, the land, and the knowledge passed down through generations.

What You Can Do to Help:

  • Share your story: If you are an heir to a Black farmer, your voice matters. Sharing your family’s story of land loss, USDA discrimination, and the exclusion of heirs will help bring national attention to this issue.

  • Support the lawsuit: Whether through advocacy, financial support, or education, staying engaged in the fight to ensure heirs are recognized as rightful recipients of compensation is key to making this change.

  • Get involved: Join our regular Zoom sessions where we discuss the ongoing lawsuit and the legislative actions needed to secure the rights of Black farmers and heirs.

4. Upcoming Zoom Call: New Date + Full Access Information

Due to earlier technical issues, our April Zoom call has been rescheduled to:

🗓️ Tuesday, May 13, 2025
📬 Zoom link will be sent on Monday, May 12

💻 To view the full schedule of Zoom calls for May, please visit www.bfaainc.com. All upcoming call topics and access links will be posted there.

For a schedule of upcoming webinar dates and times, please visit our website at www.bfaainc.com, where you can register for these informative sessions.

5. Coming Soon: Black Land Stewardship Series – May 2025

Launching in May, this new virtual workshop is open to all BFAA members nationwide and will focus on protecting family land and building lasting wealth.

🧾 Topics to be covered include:

  • What is heir property and how to address it

  • Legal tools: wills, living trusts, power of attorney

  • Preventing land loss and forced partition sales

  • Strategies for cooperative farming and leasing

  • Planning for long-term intergenerational wealth

📣 A specific date and Zoom link will be announced in early May.

6. Policy Spotlight: Federal and State Trends to Watch

Lawmakers are considering several proposals with direct implications for Black agricultural communities, including:

  • Expanding eligibility for relief programs

  • Incentives for heirs to resolve land title disputes

  • Tax protection for multigenerational landowners

BFAA continues to engage with legislators to ensure our community’s voice is heard in shaping these policies.

7. Family Milestones: Honoring Birthdays and Anniversaries

At BFAA, we celebrate family, legacy, and the bonds that strengthen our collective mission. This month, we send warm wishes to all members celebrating:

🎉 April Birthdays – Wishing you a fruitful year ahead
💍 Wedding Anniversaries – Thank you for being shining examples of love and unity

To have your birthday or anniversary featured in next month’s newsletter, please email us at [email protected].

8. Call to Action: Advocate, Educate, Participate

Here’s how you can stay involved:

  • Join Zoom calls and ask questions

  • Share your family’s land or heirship story

  • Help spread awareness about legal rights and opportunities

  • Encourage others to become active members of our movement

Together, we are planting seeds of equity and protecting the future of Black agriculture.

🙏🏾 A Final Word of Thanks

To our loyal members—thank you for standing with us. Your continued support, commitment, and participation are the reason we are able to move this work forward. Whether you’re advocating for justice, sharing your story, attending Zoom calls, or simply staying informed, you are the backbone of this organization. Every goal we reach, every acre preserved, and every heir empowered is possible because of you. Together, we are not just defending our legacy—we are building a future rooted in strength, justice, and family.