[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1949 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1949

  To direct the Secretary of the Interior to provide loans to certain 
organizations in certain States to address habitats and ecosystems and 
                to address and prevent invasive species.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

    Mr. Reid (for himself, Mr. Wyden, Mr. Craig, and Mr. Domenici) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of the Interior to provide loans to certain 
organizations in certain States to address habitats and ecosystems and 
                to address and prevent invasive species.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``100th Meridian Invasive Species 
State Revolving Loan Fund''.

SEC. 2. PURPOSES.

    The purpose of this Act is to encourage partnerships among Federal 
and State agencies, Indian tribes, academic institutions, and public 
and private stakeholders--
            (1) to prevent against the regrowth and introduction of 
        harmful invasive species;
            (2) to protect, enhance, restore, and manage a variety of 
        habitats for native plants, fish, and wildlife; and
            (3) to establish a rapid response capability to combat 
        incipient harmful invasive species.

SEC. 3. 100TH MERIDIAN INVASIVE SPECIES STATE REVOLVING FUND.

    (a) Definitions.--In this section:
            (1) Ecosystem.--The term ``ecosystem'' means an area, 
        considered as a whole, that contains living organisms that 
        interact with each other and with the non-living environment.
            (2) Eligible state.--The term ``eligible State'' means any 
        State located in Region 4, as determined by the Census Bureau.
            (3) Fund.--The term ``Fund'' means the 100th Meridian 
        Invasive Species State Revolving Fund established by subsection 
        (b).
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination Act and Education Assistance Act (25 U.S.C. 
        450b).
            (5) Introduction.--The term ``introduction'', with respect 
        to a species, means the intentional or unintentional escape, 
        release, dissemination, or placement of the species into an 
        ecosystem as a result of human activity.
            (6) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to a specified ecosystem; and
                    (B) the introduction to an ecosystem of which 
                causes, or may cause, harm to--
                            (i) the economy;
                            (ii) the environment; or
                            (iii) human, animal, or plant health.
            (7) Qualified organization.--
                    (A) In general.--The term ``qualified 
                organization'' means an organization that--
                            (i) submits an application for a project in 
                        an eligible State; and
                            (ii) demonstrates an effort to address--
                                    (I) a certain invasive species; or
                                    (II) a certain habitat or 
                                ecosystem.
                    (B) Inclusions.--The term ``qualified 
                organization'' includes any individual representing, or 
                any combination of--
                            (i) public or private stakeholders;
                            (ii) Federal agencies;
                            (iii) Indian tribes;
                            (iv) State land, forest, or fish wildlife 
                        management agencies;
                            (v) academic institutions; and
                            (vi) other organizations, as the Secretary 
                        determines to be appropriate.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Stakeholder.--The term ``stakeholder'' includes--
                    (A) State, tribal, and local governmental agencies;
                    (B) the scientific community; and
                    (C) nongovernmental entities, including 
                environmental, agricultural, and conservation 
                organizations, trade groups, commercial interests, and 
                private landowners.
    (b) Establishment of Fund.--There is established in the Treasury of 
the United States a revolving fund, to be known as the ``100th Meridian 
Invasive Species State Revolving Fund'', consisting of--
            (1) such amounts as are appropriated to the Fund pursuant 
        to subsection (h); and
            (2) interest earned on investments of amounts in the Fund 
        under subsection (e).
    (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 
        (f)(1).
            (2) Administrative expenses.--Of the amounts in the Fund--
                    (A) not more than 5 percent shall be available for 
                each fiscal year to pay the administrative expenses of 
                the Department of the Interior to carry out this 
                section; and
                    (B) not more than 10 percent shall be available for 
                each fiscal year to pay the administrative expenses of 
                a qualified organization 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) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals.
            (2) Interest bearing obligations.--Investments may be made 
        only in interest-bearing obligations of the United States.
    (f) Use of Fund.--
            (1) Loans.--
                    (A) In general.--The Secretary shall use amounts in 
                the Fund to provide loans to Governors of eligible 
                States for distribution to qualified organizations to 
                prevent and remediate the impacts of invasive species 
                on habitats and ecosystems.
                    (B) Eligibility.--
                            (i) In general.--To be eligible to receive 
                        a loan under this paragraph, a qualified 
                        organization shall submit to the Governor of 
                        the eligible State in which the project of the 
                        qualified organization is located an 
                        application at such time, in such manner, and 
                        containing such information as the Governor may 
                        require.
                            (ii) Criteria for approval.--The Governor 
                        of an eligible State may approve an application 
                        of a qualified organization under clause (i) if 
                        the Governor determines that the qualified 
                        organization is carrying out or will carry out 
                        a project--
                                    (I) designed to fully assess long-
                                term comprehensive severity of the 
                                problem or potential problem addressed 
                                by the project;
                                    (II) that seeks to prevent--
                                            (aa) the introduction or 
                                        spread of invasive species from 
                                        outside the United States into 
                                        an eligible State; or
                                            (bb) the spread of an 
                                        established invasive species 
                                        into an eligible State;
                                    (III) to prevent the regrowth or 
                                reintroduction of an invasive species, 
                                to the extent to which the qualified 
                                organization has achieved progress with 
                                respect to reduction or elimination of 
                                the invasive species;
                                    (IV) in rare or unique habitats, 
                                such as--
                                            (aa) desert terminal lakes;
                                            (bb) rivers that feed 
                                        desert terminal lakes;
                                            (cc) desert springs; and
                                            (dd) alpine lakes;
                                    (V) that is likely to prevent or 
                                resolve a problem relating to invasive 
                                species;
                                    (VI) to remediate the spread of 
                                aquatic invasive species within 
                                important bodies of water, as 
                                determined by the Secretary (including 
                                the Colorado River);
                                    (VII) to assess and promote 
                                wildfire management strategies, 
                                increase the supply of native plant 
                                materials, and reintroduce native plant 
                                species intended to limit or mitigate 
                                the impacts of invasive species;
                                    (VIII) to assess and reduce 
                                invasive species-related changes in 
                                wildlife habitat;
                                    (IX) to assess and reduce negative 
                                economic impacts and other impacts 
                                associated with control methods and the 
                                restoration of a native ecosystem;
                                    (X) to improve the overall capacity 
                                of the United States to address 
                                invasive species; or
                                    (XI) to promote cooperation and 
                                participation between States that have 
                                common interests regarding invasive 
                                species.
                    (C) Sense of congress regarding multistate 
                compacts.--It is the sense of Congress that--
                            (i) Governors of States should enter into 
                        multistate compacts in coordination with 
                        qualified organizations to prevent, address, 
                        and remediate against the spread of animals, 
                        plants, or pathogens, or aquatic, wetland, or 
                        terrestrial invasive species;
                            (ii) the Secretary should give special 
                        consideration to multistate compacts described 
                        in clause (i) in reviewing loan solicitations 
                        and applications of the States and qualified 
                        organizations that are parties to the compacts; 
                        and
                            (iii) if a multistate compact is entered 
                        into under clause (i), the Governors of all 
                        States that are parties to the compact should 
                        combine to repay to the Secretary of the 
                        Treasury a total combined amount equal to not 
                        less than 25 percent of the amount of the loan 
                        provided under this Act (including interest at 
                        a rate less than or equal to the market 
                        interest rate).
                    (D) Petitions.--
                            (i) Action by governor.--On approval of an 
                        application of a qualified organization under 
                        subparagraph (B)(ii), not less frequently than 
                        once every 90 days, the Governor of an eligible 
                        State shall submit to the Secretary, on behalf 
                        of the qualified organization, petitions, 
                        together with copies of the applications, to 
                        receive a loan under this paragraph.
                            (ii) Approval.--The Secretary, at the sole 
                        discretion of the Secretary, may approve a 
                        petition submitted under clause (i) as soon as 
                        practicable after the date of submission of the 
                        petition.
                            (iii) Action on approval.--
                                    (I) Action by secretary.--Not later 
                                than 30 days after the date of approval 
                                of a petition under clause (ii), the 
                                Secretary shall provide to the 
                                applicable Governor a loan under this 
                                paragraph.
                                    (II) Action by governor.--Not later 
                                than 30 days after the date of receipt 
                                of a loan under subclause (I), a 
                                Governor shall transmit to the 
                                appropriate qualified organization an 
                                amount equal to the amount of the loan.
                    (E) Priority.--In providing loans under this 
                paragraph, the Secretary shall give priority to 
                applications of qualified organizations carrying out, 
                or that will carry out, more than 1 project described 
                in subparagraph (B)(ii).
            (2) Requirements.--
                    (A) Loan repayment.--
                            (i) In-kind consideration.--With respect to 
                        loan repayment under clause (ii), the Secretary 
                        may accept, in lieu of monetary payment, in-
                        kind contributions in such form and such 
                        quantity as may be acceptable to the Secretary, 
                        including contributions in the form of--
                                    (I) maintenance, remediation, 
                                prevention, alteration, repair, 
                                improvement, or restoration (including 
                                environmental restoration) activities 
                                for approved projects; and
                                    (II) such other services as the 
                                Secretary considers to be appropriate.
                            (ii) Repayment.--Subject to clause (iv), 
                        not later than 10 years after the date on which 
                        a qualified organization receives a loan under 
                        paragraph (1), the qualified organization or 
                        the eligible State in which the qualified 
                        organization is located shall repay to the 
                        Secretary of the Treasury an amount equal to 
                        not less than 5 percent of the amount of the 
                        loan (including interest at a rate less than or 
                        equal to the market interest rate).
                            (iii) Repayment by state.--Subject to 
                        clause (iv), not later than 10 years after the 
                        date on which the qualified organization 
                        receives a loan under paragraph (1), the State 
                        in which the project is carried out shall repay 
                        to the Secretary of the Treasury an amount 
                        equal to not less than 25 percent of the amount 
                        of the loan (including interest at a rate less 
                        than or equal to the market interest rate).
                            (iv) Waiver.--Not more frequently than once 
                        every 5 years, the Secretary, in consultation 
                        with the Secretary of the Treasury, may waive 
                        the requirements under clauses (i) through 
                        (iii) with respect to 1 qualified organization 
                        (including the State in which the project of 
                        the qualified organization is carried out, with 
                        respect to the requirement under clause (iii)).
                    (B) Long-term management and remediation 
                strategies.--The Secretary shall ensure that no loan 
                provided under paragraph (1) is used to carry out a 
                long-term management or remediation strategy, unless 
                the Governor or applicable qualified organization 
                demonstrates either or both a reliable funding stream 
                and in-kind contributions to carry out the strategy 
                over the duration of the project.
            (3) Renewal.--After reviewing the reports under subsection 
        (g), if the Secretary, in consultation with the Governor of 
        each affected State, determines that a project is making 
        satisfactory progress, the Secretary may renew the loan 
        provided under this subsection for a period of not more than 3 
        additional fiscal years.
    (g) Reports.--
            (1) Reports to secretary.--For each year during which a 
        qualified organization receives a loan under subsection (f), 
        the qualified organization, in conjunction with the Governor of 
        the eligible State in which the qualified organization is 
        primarily located, shall submit to the Secretary a report 
        describing each project (including the results of the project) 
        carried out by the qualified organization using the loan during 
        that year.
            (2) Report to congress.--Not later than September 30, 2008, 
        and annually thereafter through September 30, 2012, the 
        Secretary shall submit a report describing the total loan 
        amount requested by each eligible State during the preceding 
        fiscal year and the total amount of the loans provided under 
        subsection (f)(1) to each eligible State during that fiscal 
        year, and an evaluation on effectiveness of the Fund and the 
        potential to expand the Fund to other regions, to--
                    (A) the Committees on Appropriations, Energy and 
                Natural Resources, and Environment and Public Works of 
                the Senate; and
                    (B) the Committees on Appropriations and Natural 
                Resources of the House of Representatives.
            (3) Report by borrower.--
                    (A) In general.--Each qualified organization that 
                receives a loan under subsection (f)(1) shall submit to 
                the Secretary a report describing the use of the loan 
                and the success achieved by the qualified 
                organization--
                            (i) not less frequently than once each year 
                        until the date of expiration of the loan; or
                            (ii) if the loan expires before the date 
                        that is 1 year after the date on which the loan 
                        is provided, at least once during the term of 
                        the loan.
                    (B) Interim update.--In addition to the reports 
                required under subparagraph (A), each qualified 
                organization that receives a loan under subsection 
                (f)(1) shall submit to the Secretary, electronically or 
                in writing, a report describing the use of the loan and 
                the success achieved by the qualified organization, 
                expressed in chronological order with respect to the 
                date on which each project was initiated--
                            (i) not less frequently than once every 180 
                        days until the date of expiration of the loan; 
                        or
                            (ii) if the loan expires before the date 
                        that is 180 days after the date on which the 
                        loan is provided, on the date on which the term 
                        of the loan is 50 percent completed.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund--
            (1) $75,000,000 for fiscal year 2008;
            (2) $80,000,000 for fiscal year 2009;
            (3) $82,500,000 for fiscal year 2010;
            (4) $85,000,000 for fiscal year 2011; and
            (5) $87,500,000 for fiscal year 2012.
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