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To amend the Consolidated Farm and Rural Development Act to improve the administration of Farmers Home Administration loans, and for other purposes.

IN THE SENATE OF THE UNITED STATES
MAY 8, 1987

Mr. CONRAD introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Consolidated Farm and Rural Development Act to improve the administration of Farmers Home Administration loans, and for other purposes.

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Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FARMERS HOME ADMINISTRATION.

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The Consolidated Farm and Rural Development Act (7

5 U.S.C. 1921 et seq.) is amended—

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(1) in section 331(d) (7 U.S.C. 1981(d)) by striking out "The Secretary" and inserting in lieu thereof "Subject to section 331D, the Secretary”; and

(2) by inserting after section 331C (7 U.S.C. 1981C) the following new section:

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1 “SEC. 331D. DEBT SETTLEMENT.

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"(a) SETTLEMENT DETERMINATION.

"(1) VALUE TO THE FEDERAL GOVERNMENT.

In determining whether to take action under subsection (d) of section 331 (hereinafter in this section referred to as 'settlement') the Secretary shall calculate the value that the Federal government would expect to realize

through liquidation of property used to secure the loan or through a bankruptcy proceeding.

“(2) COSTS INCLUDED.—In determining the value to the Federal government under paragraph (1), the Secretary shall consider the costs of recovery, manage

ment, and disposition of the property used to secure the loan.

“(3) LIQUIDATION NOT REQUIRED.-The Secretary shall not require the liquidation of property securing a loan under this title as a condition of entering

any settlement under section 331 if, through settle19 ment, the Secretary will realize at least the value cal

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"(4) CONDITIONS OF SETTLEMENT.-The Secre

tary shall not require that the outstanding amount of a

loan be due and payable, under the terms of the note

or as a result of acceleration, as a condition of settle

ment under this section.

“(5) WRITING DOWN DEBT.—

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"(A) AUTHORITY.-In any case in which a borrower is determined to be delinquent in the

payment of principal or interest, or both, due on a

loan, (including loans made by a Federal or State

chartered bank, savings and loan association, cooperative lending agency, or other legally organized lending agency that has been guaranteed by the Secretary under this title), the Secretary shall

write down the outstanding debt on the loan to the current market value, if the Federal govern

ment could expect to realize less than the amount

of the outstanding debt through liquidation of the property used to secure the loan or through bankruptcy proceedings, as calculated under paragraph (1).

"(B) POWERS OF SECRETARY.-The Secretary may pursue to final collection, by way of compromise or otherwise, all claims against third parties assigned to the Secretary in connection with loans made, including the power

"(i) to negotiate a guaranteed loan with a lending institution to enable the Secretary

to honor a portion of a guarantee and avoid

foreclosure; and

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"(ii) to purchase a guaranteed loan in

its entirety from a lending institution. and

thereby permit loan servicing by the Secre

tary under the authority of the Secretary.

"(b) LOAN SERVICING.

"(1) DEFINITION. As used in this section, the

term 'loan servicing' includes all activities associated with the management, administration, foreclosure, or liquidation of a loan made under this title.

"(2) SETTLEMENT AUTHORITY.-Settlement authority under this section shall be considered to be a form of loan servicing in conjunction with the reamortization, rescheduling, consolidation, or deferral with limited interest rates of the loan, to the extent neces

sary for a borrower to repay the loan.

"(c) NOTICE.-The Secretary shall provide written

17 notice of the provisions of this section, and any regulations

18 promulgated under this section

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"(1) to any borrower who becomes delinquent on

any loan made or insured under this title;

"(2) to any borrower who requests the notice; and "(3) to any borrower who holds a loan that the Secretary intends to liquidate, accelerate, or foreclose

on.

Mr. Dexter Gunderson
April 25, 1987
Page 2

at Section XII appears to conceal the opposition of rural residents to the proposed facility by obfuscation or outright falsehood. First, the sale of the Unitram property is not common knowledge in the area. CMC's permit is for a different piece of land, not for the Unitram property. Second, objections to the CMC operation have been filed with the South Dakota Department of Natural Resources since the permitting hearings. These objections include allegations of permit violations (see B. below), which include use of some portions of the Unitram property not covered under the permit. In this letter, we also allege violations of FmHA's regulations governing environmental review (see C. below).

B. CMC is violating the Resource Recovery Permit issued by the State of South Dakota.

On March 31 the Technical Information Project and Ruth Kern, • rancher
located near the CMC site, filed a complaint with the DWNR alleging
that Chic/Celar was violating their resource recovery permit (see
Exhibit B). As of April 25, DWNR had not responded to the charges
formally. However, it is lear that DwNR will do very little to enforce
the permit conditions. If this is the case, you should reflect in
the EA the potential consequences of the state not enforcing its per-
mit conditions. For instance, would FHA be liable if a worker was
killed because remnant explosives were detonated? Would FHA be
hel responsibe if hazardous wastes were brought to the site and some
contamination resulted? Your mitigation measures should provide for
enforceable restrictions on the facility and its operations and a
nechanism to ensure that mitigation measures are enforced.

C. CMC is violating FmHA's requirement that prospective applicants
not take actions with respect to proposed undertakings subject
the application.

CHIC has violated and continues to violate the FHA's requirement that prospective applicants not undertake actions with respect to the proposed undertakins which are the subject of the application (see 1940.309). CMC is using the Unitram property to unload, and perhaps to store, sludge ash as they have proposed in the application to FinHA. We ask FmHA to investigate these illegal activities and to cite CMC for their violations of FmHA environmental regulation.

D. The EA does not adequately assess cumulative impacts of the proposed sludge ash facility.

The EA fails to address the cumulative impacts of the proposed facility, especially the impact of a larger-scale operation taking in hazardous ash. The EA indicates (Section II) that waste streams other thin the

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