Page:United States Statutes at Large Volume 102 Part 1.djvu/987

 PUBLIC LAW 100-387—AUG. 11, 1988

102 STAT. 949

existing law and under regulations of the Secretary that implement the objective of enabling farmers and ranchers to stay in business. (b) LOAN GUARANTEES.—(1) Notwithstanding any other provision Real property. of law, the Secretary of Agriculture shall make available in the Animals. fiscal year ending September 30, 1989, guarantees to commercial or cooperative lenders for loans under subtitle B of the Consolidated Farm and Rural Development Act, to refinance and reamortize 1988 operating loans, or 1988 or 1989 installments due and payable on real estate debt, farm equipment or building (including storage facilities) debt, livestock loans, or other operating debt, of farmers and ranchers that otherwise cannot be rM)aid due to major losses incurred by such farmers or ranchers as a result of drought, hail, excessive moisture, or related condition in 1988. (2) Each fiscal year 1989 guaranteed loan for 1988 natural disaster purposes, as described in paragraph (1), shall contain terms and conditions governing the reamortization of the debt of the farmer or rancher that will provide the farmer or rancher a reasonable opportunity to continue to receive new operating credit while repaying the guaranteed loan, as determined by the Secretary. (3) Notwithstanding any other provision of law, any person eligible to receive payments under subtitle A of title II of this Act shall be deemed eligible to have guaranteed, in accordance with this subsection, loans made to such person by a commercial or cooperative lender to refinance installment payments that are or become due and payable during 1988 or 1989, as described in paragraph (1), except that, to be deemed eligible to have such loan guaranteed, the person must otherwise be current in the person's obligation to the commercial or cooperative lender that agrees to accept the guarantee in consideration of allowing the person to make the 1988 or 1989 payment or installment over a period of time not to exceed 6 years from the original due date of such payment or installment, and must otherwise meet the criteria for guaranteed loan borrowers under subtitle B of the Consolidated Farm and Rural Development Act established by the Secretary. (c) USE OF A C I F FUNDS.—For purposes of providing guaranteed loans in accordance with subsection (b) of this section, in addition to funds otherwise available, the Secretary may use any funds available from the Agricultural Credit Insurance Fund during fiscal years 1988 or 1989 for emergency insured and guaranteed loans under subtitle C of the Consolidated Farm and Rural Development Act to meet the needs resulting from natural disasters: Provided, That funds available from such Fund first shall be used to satisfy the level of assistance estimated by the Secretary to meet the needs of persons eligible for emergency disaster loans. SEC. 313. FORBEARANCE AND RESTRUCTURING FOR FARM LOANS.

(a) FARMERS HOME ADMINISTRATION.—It is the sense of Congress 7 USC I98ia that the Secretary of Agriculture should, with respect to farmers note. and ranchers who suffer major losses due to drought, hail, excessive moisture, or related condition in 1988— (1) exercise forbearance in the collection of interest and principal on direct farmer program loans under the Consolidated Farm and Rural Development Act outstanding for such farmers and ranchers; (2) expedite the use of credit restructuring and other credit relief mechanisms authorized under the Agricultural Credit Act

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