The Farm Bill does not provide all African-American farmers who believe they may have been the victim of discrimination by the USDA with a right to seek relief under these provisions.

First, only claimants who previously petitioned the Court pursuant to Section 5(g) of the Consent Decree in the Pigford case to participate in the claims resolution process, and who did not have their claims resolved, are eligible to bring a claim under the Farm Bill. (This expressly includes claimants who filed claims after the October 12, 1999 claims deadline, but before the September 15, 2000 late-filing cut-off in Pigford. It is not certain whether Congress intended claimants who filed after September 15, 2000 to have the same right to file suit under the Farm Bill.)

Second, the Farm Bill requires that, to be successful, a claimant must make the same showing that was required for successful claimants under the Pigford Consent Decree - i.e., that he or she is an African-American farmer who:

          1. farmed, or attempted to farm, between January 1, 1981 and December 31, 1996;

          2. applied or attempted to apply to the USDA for participation in a federal farm credit or benefit program           between January 1, 1981 and December 31, 1996;

          3. was discriminated against on the basis of race by the USDA in response to his or her loan           applications or attempts to apply for loans or other farm benefit programs
          between January 1, 1981 and December 31, 1996;

          4. suffered economic injury as a result of this discrimination; and

          5. complained to the United States Government about USDA discrimination after January 1, 1981           and on or before July 1, 1997.

Claimants who are eligible must file their claims within two years of the enactment of the Farm Bill. Thus, claimants wishing to join the Consolidated Black Farmers Discrimination Litigation must do so before May 22, 2010.