106 STAT. 4120 PUBLIC LAW 102-552—OCT. 28, 1992

arbitrator shall have the authority to hire staff and secure
the services of consultants as necessary to discharge the
duties of the arbitrator under this paragraph.

"(C) EXPENSES.—Notwithstanding any other provision
of law, the compensation and expenses of the arbitrator,
the fees and expenses of the American Arbitration
Association, and any expenses associated with the
referendum required under subparagraph (F) shall be paid
from the Farm Credit Assistance Fund established under
section 6.25 of the Farm Credit Act of 1971 (12 U.S.C.
2278b-5).

"(D) DEVELOPMENT OF MERGER PLANS.—

"(i) IN GENERAL.—Not later than 100 days after
the issuance of an order by the Farm Credit Adminis-
tration under paragraph (1)(D), the arbitrator shall
develop and submit for certification to the Farm Credit
Administration a plan specifying the terms and condi-
tions of the merger of the two banks required under
this paragraph, such that the terms and conditions
are fair and equitable to the two banks, their affiliated
associations, the stockholders or farmer-borrowers of
the associations, and the other institutions of the Farm
Credit System, and are designed to protect or enhance
the safety and soundness of the Farm Credit System.
In devising the plan, the arbitrator shall, to the extent
practicable, achieve the following objectives:

"(I) Implementation of the preferences
expressed by the affected and interested parties
in submissions under clause (ii).

"(II) Valuation of assets fairly, equitably, and
consistently for all parties involved.

"(Ill) Establishment of capitalization and fund-
ing terms in a manner that treats farmer-borrow-
ers and stockholders in the two involved farm
credit districts equitably and takes account of risk.
"(IV) Ensure the viability of the resulting
Farm Credit Bank and associations of the bank
and the ability of the resulting bank and associa-
tions of the bank to lend to eligible borrowers
at reasonable and competitive rates of interest.
"(ii) SUBMISSION OF VIEWS AND INFORMATION.—The
arbitrator shall receive from affected and interested
parties written submissions, in accordance with fair
and reasonable procedures established by the arbitra-
tor, regarding the terms and conditions of an appro-
priate plan for the merger of the two banks required
under this paragraph. The Federal Intermediate Credit
Bank of Jackson, the Farm Credit Bank of Texas,
and their affiliated associations shall make available
all books, records, financial information, and other
material that the arbitrator determines is necessary
to the development of the plan or the fulfillment of
any other requirement under this paragraph. A copy
of any submission or information provided to the
arbitrator by any party under this paragraph shall
be furnished to the Federal Intermediate Credit Bank
of Jackson or the Farm Credit Bank of Texas on the