DRAFTED BY THE COWTOWN FOUNDATION
AND COREY LEA
REPRESENTATIVE FOR SOCIALLY DISADVANTAGED FARMERS
PURSUANT 7CFR .126
P.O. BOX 422
ARRINGTON, TN. 37014
1. Dismantle the Office of Civil Rights- The Administrative Procedures Act allows for the Agency to have 180 days to correct its own mistakes. At any time after 180 days, the farmer can ask for a formal hearing on the merits before the Administrative Law Judge. However, The Agency has more than 14,000 or more pending discrimination complaints that have been shelved as long as or up to 20 years. Even when the farmers ask for a formal hearing on the record, the Administrative Law Judge states that it does not have jurisdiction to hear any farmer with complaints pending before the Office of Civil Rights. Former President Regan exercised great foresight by dismantling the Office of Civil Rights by reasoning that the Office of Civil Rights was a waste of taxpayer money and being used by the Agency to further discriminate against black farmers by inaction.
2. Immediately return all land foreclosed against black farmers who were Pigford Class Members and did not get a formal hearing on the merits or an adverse denial by the monitor. In addition, all the farmers who lost land and operating equipment that had a pending discrimination complaint that asked for a formal hearing on the merits with the Administrative Law Judge and was denied that hearing, pursuant the moratorium relief provided in the 2008 Food Energy and Conservation Act or otherwise known as the 2008 Farm Bill. The County, State or Federal Court shall immediately issue a writ of possession or no later than 14 days of docketing the complaint or order by the court to take possession of property by the farmer within 15 days of the Order.
3. Immediately return all offset money to the farmers who were denied formal hearing on the merits in the Pigford Class Action or The 2008 Farm Bill pursuant the agency rule 7 CFR 766.358. In furtherance, Congressional Authority and Intent can be found in section 14011 and section 14012 of the 2008 Farm Bill.
4. Immediately suspend all loans accelerated to the point of foreclosure or repossession by direct loan or guaranteed loans by the USDA against all Socially Disadvantaged Farmers who are awaiting a formal hearing on the record with The Administrative Law Judge.
5. Order all Courts with pending suits against Socially Disadvantaged Farmers for foreclosures or repossession that were Pigford Class Members or accepted discrimination complaints with the Office of Civil Rights to stay the action for up to 8 months to allow the aggrieved farmer to have a formal hearing on the merits with the Administrative Law Judge. In addition, the agency must provide a running record of all documents related to all loans of the aggrieved loans within 120. This action has been approved by Congress in section 14012 of the 2008 Farm Bill. The running record must include all documents that will show similar situated white farmers who received favorable loans in the area that applied for the same type of loan.
6. Order the Court of Federal Claims to provide an administrative review, pursuant RCFC 52.1 for all farmers that request a review under the aforementioned court rule, regardless if previous actions have been dismissed on the grounds of res judicata or with prejudice for any reason.
7. Immediately deny the disbursement or liquidation of remaining funds, approximately $400 million, to nonprofit organizations by the DC District Court or the DC Circuit Court of Appeals that was earmarked by Congress to Settle the Pigford Class Action. The funds are to be used to settle the pending cases of Black Farmers in the Court of Federal Claims under the provisions of para. 6 of this Executive Order. This is to include any payments submitted by Class Counsel for any amount.
8. Any award made to the Socially Disadvantaged Farmer, to include land or cash award, shall not be taxable to the Farmer. The Agency shall pay all and any county, state of federal tax related to any such award. In addition, the Agency shall pay all attorney and representative fees that equals 35 percent of the award. If land is returned, the award shall be the percentage of the current appraisal or tax value of the property, whichever is greater.
- Tammy Timmons
- Rod Bradshaw
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