No federal agency should ever be in the position the U.S. Department of Agriculture is in now. Seven years ago, in a lawsuit filed by black farmers, the USDA was found to be rife with discrimination and was ordered to shape up and pay up. But five years after the landmark court settlement, the department has not issued payments to nearly 90 percent of the farmers who sought compensation.

The Bush administration needs to give the farmers what they deserve.

The USDA's conduct went beyond unfair. It was bad enough to purposely deny black farmers loans and aid granted to white farmers of comparable standing. Now, the Environmental Working Group, a Washington-based operation that supports federal farm policy reform, and the National Black Farmers' Association have found that the USDA denied payment to most of the farmers who sought restitution. Making matters worse is that after the settlement, the USDA hired Justice Department lawyers to fight the farmers' claims.

That's effectively two Cabinet-level departments working to uphold discriminatory practices, and the Bush White House cannot ignore it.

In 1997 the U.S. District Court for the District of Columbia approved the landmark civil rights settlement of $3 billion in the class-action lawsuit. Under its terms, the farmers could file for compensation under Track A or Track B. The first let farmers automatically obtain $50,000 if a claim was approved. Greater compensation was allowed under Track B, but it required a hearing first.

Amazingly, 81,000 out of 94,000 of the farmers who sought restitution for the discriminatory practices were turned away. The EWG report said 40 percent of those who tried to get claims under Track A were denied, and that only 18 who filed for compensation under Track B obtained relief. Another 72,000 claims were never considered because, arbitrators said, they were filed late.

This wouldn't look good for President Bush even if it were not an election year. Yes, the lawsuit was filed under the Clinton administration, but the USDA is under Mr. Bush's watch now. It's up to him to see that the black farmers are properly compensated.

Anything less should land the USDA, and the Justice Department lawyers, back in court.