II 110th CONGRESS 1st Session S. 1717 IN THE SENATE OF THE UNITED STATES June 27, 2007 Mr. Durbin (for himself, Mr. Lugar, Mr. Obama, Mr. Brown, Mr. Cardin, Mr. Levin, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of Agriculture, acting through the Deputy Chief of the State and Private Forestry organization, to provide loans to eligible units of local government to finance purchases of authorized equipment to monitor, remove, dispose of, and replace infested trees that are located on land under the jurisdiction of the eligible units of local government and within the borders of quarantine areas infested by the emerald ash borer, and for other purposes.

1.

Short title

This Act may be cited as the Emerald Ash Borer Municipality Assistance Act of 2007.

2.

Emerald Ash Borer Revolving Loan Fund

(a)

Definitions

In this section: (1)

Authorized equipment

(A)

In general

The term authorized equipment means any equipment necessary for the management of forest land. (B)

Inclusions

The term authorized equipment includes— (i)cherry pickers; (ii)equipment necessary for— (I)the construction of staging and marshalling areas; (II)the planting of trees; and (III)the surveying of forest land; (iii)vehicles capable of transporting harvested trees; (iv)wood chippers; and (v)any other appropriate equipment, as determined by the Secretary. (2)

Fund

The term Fund means the Emerald Ash Borer Revolving Loan Fund established by subsection (b). (3)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Deputy Chief of the State and Private Forestry organization. (b)

Establishment of Fund

There is established in the Treasury of the United States a revolving fund, to be known as the Emerald Ash Borer Revolving Loan Fund, consisting of such amounts as are appropriated to the Fund under subsection (f). (c)

Expenditures from Fund

(1)

In general

Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (e). (2)

Administrative expenses

An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section. (d)

Transfers of amounts

(1)

In general

The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2)

Adjustments

Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e)

Uses of Fund

(1)

Loans

(A)

In general

The Secretary shall use amounts in the Fund to provide loans to eligible units of local government to finance purchases of authorized equipment to monitor, remove, dispose of, and replace infested trees that are located— (i)on land under the jurisdiction of the eligible units of local government; and (ii)within the borders of quarantine areas infested by the emerald ash borer. (B)

Maximum amount

The maximum amount of a loan that may be provided by the Secretary to an eligible unit of local government under this subsection shall be the lesser of— (i)the amount that the eligible unit of local government has appropriated to finance purchases of authorized equipment to monitor, remove, dispose of, and replace infested trees that are located— (I)on land under the jurisdiction of the eligible unit of local government; and (II)within the borders of a quarantine area infested by the emerald ash borer; or (ii)$5,000,000. (C)

Interest rate

The interest rate on any loan made by the Secretary under this paragraph shall be a rate equal to 2 percent. (D)

Report

Not later than 180 days after the date on which an eligible unit of local government receives a loan provided by the Secretary under subparagraph (A), the eligible unit of local government shall submit to the Secretary a report that describes each purchase made by the eligible unit of local government using assistance provided through the loan. (2)

Loan repayment schedule

(A)

In general

To be eligible to receive a loan from the Secretary under paragraph (1), in accordance with each requirement described in subparagraph (B), an eligible unit of local government shall enter into an agreement with the Secretary to establish a loan repayment schedule relating to the repayment of the loan. (B)

Requirements relating to loan repayment schedule

A loan repayment schedule established under subparagraph (A) shall require the eligible unit of local government— (i)to repay to the Secretary of the Treasury, not later than 1 year after the date on which the eligible unit of local government receives a loan under paragraph (1), and semiannually thereafter, an amount equal to the quotient obtained by dividing— (I)the principal amount of the loan (including interest); by (II)the total quantity of payments that the eligible unit of local government is required to make during the repayment period of the loan; and (ii)not later than 20 years after the date on which the eligible unit of local government receives a loan under paragraph (1), to complete repayment to the Secretary of the Treasury of the loan made under this section (including interest). (f)

Authorization of appropriations

There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section.

3.

Cooperative agreements relating to Emerald Ash Borer prevention activities

Any cooperative agreement entered into after the date of enactment of this Act between the Secretary of Agriculture and a State relating to the prevention of emerald ash borer infestation shall allow the State to provide any cost-sharing assistance or financing mechanism provided to the State under the cooperative agreement to a unit of local government of the State that— (1)is engaged in any activity relating to the prevention of emerald ash borer infestation; and (2)is capable of documenting each emerald ash borer infestation prevention activity generally carried out by— (A)the Department of Agriculture; or (B)the State department of agriculture that has jurisdiction over the unit of local government.