12 2 STA T . 1 748PUBLIC LA W 11 0– 24 6—J U NE 18 , 2008 (c)AUTHORIZA TIO N O F A P PROPRIATION S.—Ther e a rea ut h o r iz e d to b ea p propriated to carr y out thi s sectio n$35,0 00,000 f or the period of fisca l years 2 00 9 throu g h20 1 2. SEC.16 1 3 . DUR U MWH E ATQ UA LI T YP R OG RAM. (a) I N GE NERA L .— S ub j ecttothea v ailability of funds under subsection (c), the Secretary shall provide co m pensation to pro - ducers of durum w heat in an amount not to e x ceed 50 percent of the actual cost of fungicides applied to a crop of durum wheat of the producers to control F usarium head blight (wheat scab) on acres certified to have been planted to D urum wheat in a crop year. (b) INSUFFI C IENT FUN D S.—If the total amount of funds appro- priated for a fiscal year under subsection (c) are insufficient to fulfill all eligible re q uests for compensation under this section, the Secretary shall prorate the compensation payments in a manner determined by the Secretary to be equitable. (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2009 through 2012. SEC. 161 4 . STORAGE F ACILITY LOA N S. (a) IN GENERAL.—As soon as practicable after the date of enact- ment of this Act, the Secretary shall establish a storage facility loan program to provide funds for producers of grains, oilseeds, pulse crops, hay, renewable biomass, and other storable commod- ities (other than sugar), as determined by the Secretary, to construct or upgrade storage and handling facilities for the commodities. (b) E LI G I B LE P RODUCERS.—A storage facility loan under this section shall be made available to any producer described in sub- section (a) that, as determined by the Secretary— (1) has a satisfactory credit history
(2) has a need for increased storage capacity; and (3) demonstrates an ability to repay the loan. (c) TER M OF L OANS.—A storage facility loan under this section shall have a maximum term of 12 years. (d) LOAN AMOUNT.—The maximum principal amount of a stor- age facility loan under this section shall be $500,000. (e) LOAN DISBURSEMENTS.—The Secretary shall provide for 1 partial disbursement of loan principal and 1 final disbursement of loan principal, as determined to be appropriate and subject to acceptable documentation, to facilitate the purchase and construc- tion of eligible facilities. (f) LOAN SECURIT Y .—Approval of a storage facility loan under this section shall— (1) require the borrower to provide loan security to the Secretary, in the form of— (A) a lien on the real estate parcel on which the storage facility is located; or ( B ) such other security as is acceptable to the Sec- retary; (2) under such rules and regulations as the Secretary may prescribe, not require a severance agreement from the holder of any prior lien on the real estate parcel on which the storage facility is located, if the borrower— (A) agrees to increase the down payment on the storage facility by an amount determined appropriate by the Sec- retary; or 7USC8 78 9. 7 USC 8788.
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