"Cultivating Wealth" March Newsletter

The Black Agricultural Financial Network Newsletter

March 23, 2025

Black Farmers and Agriculturalists Association (BFAA)

March 2025 Edition Volume 3
ECAP Program vs. The USDA Lawsuit: What You Need to Know
Empowering Black Farmers and Heirs with Information

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

  1. The ECAP Program (Equitable Compensation and Assistance Program)

  2. The ongoing BFAA lawsuit against the USDA

Both of these are crucial issues for Black farmers and heirs of farmers. While they are different, both can have a significant impact on your ability to receive support, compensation, and resources. Let’s take a closer look at each one and break down what they mean for you.

1. The ECAP Program: What Is It?

The ECAP Program, short for Equitable Compensation and Assistance Program, was created by the U.S. Department of Agriculture (USDA) in response to long-standing discrimination against Black farmers. This program is designed to provide financial assistance to Black farmers who were discriminated against when applying for loans, subsidies, and other USDA programs.

Key Features of the ECAP Program:

  • Targeted Relief for Farmers: The program was established to address past wrongs and provide financial relief to farmers who were historically discriminated against. If you or someone you know was affected by USDA discrimination, you might be eligible for compensation under this program.

  • Payouts: The ECAP program includes payouts to qualified farmers, which range from $50,000 to $100,000, depending on the nature of the claim and the amount of damage done.

  • Debt Relief: In addition to the payouts, the program also helps with debt forgiveness for farmers who may have accumulated significant debt due to the USDA's discriminatory practices.

Eligibility:

  • The ECAP Program is available to Black farmers who were discriminated against in the past, but only those who actively farmed and were affected by USDA policies before 2021 are eligible for payouts.

  • Heirs: While farmers who were directly impacted can apply, heirs of Black farmers who were affected before this time are excluded from receiving compensation under this program, which is a point of contention for many.

2. The BFAA Lawsuit Against the USDA: A Fight for Justice

The Black Farmers and Agriculturalists Association (BFAA), led by our president Thomas Burrell, has been at the forefront of challenging the USDA's actions in court. The lawsuit argues that the Discrimination Financial Assistance Program (DFAP), which was part of the Biden administration’s Inflation Reduction Act, unfairly excludes heirs of Black farmers who were affected by USDA discrimination prior to 2021.

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.

3. How These Two Issues Are Different, But Both Impact You

Although the ECAP Program and the BFAA lawsuit deal with related issues—historical discrimination in farming—they are two separate issues. Understanding the difference between them is important, especially for our members in their 70s and older who may have unique needs and concerns.

How They Are Different:

  • The ECAP Program provides financial assistance to Black farmers who were discriminated against by the USDA before 2021. However, heirs of Black farmers who were affected before this time are excluded from this compensation.

  • The BFAA Lawsuit is focused on the exclusion of heirs from the ECAP Program. The lawsuit seeks to expand eligibility so that heirs of Black farmers who were historically discriminated against can receive compensation.

How Both Can Impact You:

  • If You Are a Farmer (or Were Directly Affected): You might be eligible for the ECAP Program payouts if you have been impacted by USDA discrimination and were farming before 2021.

  • If You Are an Heir: If your parents or grandparents were farmers who experienced discrimination, the ECAP Program does not cover you. However, the BFAA lawsuit could change this by ensuring that heirs receive their fair share of compensation.

  • Impact on Older Farmers and Heirs: For older farmers and heirs—many of whom may be in their 70s or older—these programs could be life-changing. Financial relief from discrimination could help address land loss, debts, and generational hardships.

4. Stay Informed with Mr. Burrell’s Zoom Webinars

To help you stay updated in real-time and get critical information about the ECAP Program, the BFAA lawsuit, and other vital matters, President Thomas Burrell hosts Zoom webinars twice a week. These webinars are an excellent opportunity for you to hear directly from Mr. Burrell, ask questions, and gain insights into the ongoing legal battle and its potential impacts on Black farmers and their heirs.

  • Webinars are held twice a week and are specifically designed to provide members with the latest updates and information as the legal case progresses.

  • Accessible to All Members: These sessions are open to all members, and especially beneficial for those who may not be able to attend in-person meetings or events.

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. What You Can Do to Stay Involved and Get the Support You Need

As a member of the BFAA, it is important to stay informed and involved in these ongoing developments. Here are some steps you can take:

  1. Stay Informed About the BFAA Lawsuit:
    Keep an eye on updates about the BFAA’s legal case. A ruling in the next 1-2 months could change the landscape for heirs and farmers alike.

  2. Apply for ECAP (If Eligible):
    If you are a Black farmer who was directly impacted by USDA discrimination before 2021, apply for the ECAP Program to receive financial relief and debt forgiveness. Visit the USDA website for application details.

  3. Support the Fight for Heirs:
    If you are an heir of a Black farmer who was discriminated against, support the BFAA lawsuit by sharing your story, signing petitions, and staying engaged. Together, we can push for systemic changes that ensure fairness.

  4. Join Mr. Burrell’s Zoom Webinars:
    Attend twice-weekly Zoom webinars hosted by President Burrell to get real-time updates and have your questions answered. Check our website for more details.

  5. Reach Out for Help:
    If you need help understanding these programs or applying for them, the BFAA is here to assist you. Visit our website at www.bfaainc.com or contact our offices for personal assistance.

The Road Ahead: A Stronger Future for Black Farmers and Their Families:

Both the ECAP Program and the BFAA lawsuit represent critical opportunities for Black farmers and their families, but it is important to recognize that only Black farmers who were directly impacted by USDA discrimination are eligible for compensation under the ECAP Program. Heirs of farmers, who were affected by USDA discrimination, are currently excluded from this compensation. This is where the BFAA lawsuit comes in, as we are fighting to ensure that heirs have the right to receive compensation as well.

As we await the outcome of our legal battle, we remain hopeful that justice will prevail and that we can secure fair compensation for the heirs of those who were unjustly affected by USDA discrimination. This legal fight is critical, as it could create transformative opportunities for families in the future.

Together, we will continue to push for fairness and equity in agriculture, ensuring that both Black farmers and their heirs are treated with the respect and justice they deserve.

For more information, including how to get involved and access forms related to our efforts, please visit the Forms Section of our website at www.bfaainc.com.

Thank you for your continued support, and please feel free to reach out to us for more information or assistance