Date: 2010-11-30
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

Mr. Speaker. I would like to thank all of my colleagues who were instrumental in furthering this legislative effort and bringing this momentous bill to the House floor. H.R. 4783 serves as a means of justice and vindication for minority farmers and landowners who were previously wronged by the Agriculture Department and the Interior Department when they were only trying to make a living. These were American farmers. who have dedicated their lives to the prosperity of the United States. by in essence. providing for their fellow citizens. I have long been an adamant supporter of American farmers in their mission to strengthen agriculture in our Nation. As a senior member of the House Judiciary Committee. I have been actively involved in the fight to ensure that black farmers and Native Americans received justice for the discrimination they encountered. For nearly a decade. I have worked alongside my colleagues in the Congressional Black Caucus. other Members of Congress. and civil rights advocacy groups to uphold the standards of equality and fairness. and ensure that the government is held accountable for its wrongdoings. I am pleased that the Senate has passed this legislation by unanimous consent earlier this month to right the many past wrongs of our government. I hope that today. in the House. my colleagues too will vote to pass this important legislation. H.R. 4783 deals with the unfortunate situations addressed in the Pigford II and Cobell v. Salazar cases. Black farmers and Native Americans were discriminated against in those aforementioned cases based solely on their race. They are owed restitution by the Department of Agriculture and the Department of the Interior. they are owed a chance to rebuild their communities and continue with their lives. In the Pigford case. there are numerous accounts of black farmers receiving unfair and unequal treatment when applying for farm loans or assistance through the Department of Agriculture. As if that were not enough. when these minority farmers submitted their discrimination complaints. they heard no response from the Department of Agriculture and were essentially ignored. The judge in the Pigford case said that the holding was. "a historical first step toward righting the wrongs visited upon thousands of AfricanAmerican farmers for decades." It is truly disheartening to know that an arm of the federal government. which has a duty to treat all Americans fairly and equally. played a role in the historic plight of the minority farmer in the United States. The Cobell case is important because of its resolution of many AmericanIndian tribes claims to water. one of the necessary elements to sustain life. and the poor management of Indian trusts. The White Mountain Apache Tribe settlement. the Crow Tribe settlement. the Taos Pueblo settlement. the Aamodt settlement. and finally the Reclamation Water Settlements provided for the tribal water rights claims for a number of AmericanIndian tribes. Furthermore. H.R. 4783 also allows for the settlement of billions of dollars in Indian trusts that were mishandled by the Department of Interior. In the holding of the Cobell case. the judge states that. "it would be difficult to find a more historically mismanaged federal program than the Individual Indian Money (IIM) trust." Such gross mismanagement impeded the livelihood of more than 300.000 Native Americans. How are Native Americans. or any minority for that matter. expected to trust the United States government if. as lawmakers. we do not stand up for their rights? This settlement ensures the recognition of these past civil infractions by the government. and portends a brighter future for the minorities in America. Essentially. the right to life and livelihood are resolved by this settlement. AmericanIndian tribes will finally receive access to drinking water. and black farmers will receive restitution for and recognition of previous racist actions that directly affected their ability to sustain themselves. In July of this year. Shirley Sherrods forced resignation from the Department of Agriculture was reminiscent of the racist trend many black farmers faced when dealing with the government. The media whirlwind surrounding the treatment of Sherrod raised allegations of racism by the hands of the government. Images of black farmers being denied loans for their own farms. in order to maintain their own livelihood resurfaced. Despite the wrongs Sherrod faced personally. she focused attention on the very types of discriminatory practices that perpetuated racism. led to losses of land. and ultimately resulted in these lawsuits. She reiterated the importance of equal treatment for all American farmers. regardless of their race. Systematic racism should not occur in the United States in the 21st century. and H.R. 4783 reaffirms that notion by taking steps to reverse a history of gross racism and civil rights infractions. The passing of H.R. 4783 will finally allow for the compensation of these gross injustices. While I am in strong support of the passage of this bill. it is unfortunate that this long awaited settlement comes riddled with stipulations. The Claims Resolution Act. as amended. creates two payment "tracks" by which the victims of past discrimination may state their claims. These payment tracks effectively raise the evidentiary bar for those who were victimized by the governments past injustices. making it more difficult for them to receive the settlement that this bill provides. The first track. which requires substantial evidence of discrimination. limits victims settlement to $50.000 per person. This standard is too restrictive because of the passage of time since the incidents of discrimination took place. and the possibility that many of the records and documentation of discrimination have been lost. The second track. which allows victims to receive a settlement of up to $250.000. requires a much stronger evidentiary standard. victims must be able to show evidence of economic loss as a result of discrimination. Such a standard will often be too burdensome to meet. as it is difficult to prove definitively that discrimination was the sole cause for someones loss of land. and that other mitigating factors may not have played a role in the loss. This standard could leave those victims who lost the most due to discrimination by the USDA with a lesser settlement than they rightfully deserve. A settlement of $50.000 poses a hardship to Black farmers and Native Americans. and certainly is not enough to properly compensate for the years of discrimination they experienced. Nonetheless. it is a positive first step toward making these victims whole again. Mr. Speaker. for over a decade. I have been a strong voice and advocate for Black and Native American farmers in the United States who are truly dedicated to the American dream. The Claims Resolution Act of 2010 represents nearly a decadelong battle for equality and justice. It is now time to finally acknowledge the systematic injustices experienced by black farmers. and Native Americans everywhere. I urge my colleagues to join me in voting to pass H.R. 4783. and to finally allow those affected to move on with their lives.