[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 826 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 826

  To require the Secretary of the Treasury to establish a program to 
provide loans and loan guarantees to enable eligible public entities to 
acquire interests in real property that are in compliance with habitat 
conservation plans approved by the Secretary of the Interior under the 
        Endangered Species Act of 1973, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2011

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of the Treasury to establish a program to 
provide loans and loan guarantees to enable eligible public entities to 
acquire interests in real property that are in compliance with habitat 
conservation plans approved by the Secretary of the Interior under the 
        Endangered Species Act of 1973, and for other purposes.

    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 ``Infrastructure Facilitation and 
Habitat Conservation Act of 2011''.

SEC. 2. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible public entity.--The term ``eligible public 
        entity'' means a political subdivision of a State, including--
                    (A) a duly established town, township, or county;
                    (B) an entity established for the purpose of 
                regional governance;
                    (C) a special purpose entity; and
                    (D) a joint powers authority, or other entity 
                certified by the Governor of a State, to have authority 
                to implement a habitat conservation plan pursuant to 
                section 10(a) of the Endangered Species Act of 1973 (16 
                U.S.C. 1539(a)).
            (2) Program.--The term ``program'' means the conservation 
        loan and loan guarantee program established by the Secretary 
        under subsection (b)(1).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
    (b) Loan and Loan Guarantee Program.--
            (1) Establishment.--As soon as practicable after the date 
        of enactment of this Act, the Secretary shall establish a 
        program to provide loans and loan guarantees to eligible public 
        entities to enable eligible public entities to acquire 
        interests in real property that are acquired pursuant to 
        habitat conservation plans approved by the Secretary of the 
        Interior under section 10 of the Endangered Species Act of 1973 
        (16 U.S.C. 1539).
            (2) Application; approval process.--
                    (A) Application.--
                            (i) In general.--To be eligible to receive 
                        a loan or loan guarantee under the program, an 
                        eligible public entity shall submit to the 
                        Secretary an application at such time, in such 
                        form and manner, and including such information 
                        as the Secretary may require.
                            (ii) Solicitation of applications.--Not 
                        less frequently than once per calendar year, 
                        the Secretary shall solicit from eligible 
                        public entities applications for loans and loan 
                        guarantees in accordance with this section.
                    (B) Approval process.--
                            (i) Submission of applications to secretary 
                        of the interior.--As soon as practicable after 
                        the date on which the Secretary receives an 
                        application under subparagraph (A), the 
                        Secretary shall submit the application to the 
                        Secretary of the Interior for review.
                            (ii) Review by secretary of the interior.--
                                    (I) Review.--As soon as practicable 
                                after the date of receipt of an 
                                application by the Secretary under 
                                clause (i), the Secretary of the 
                                Interior shall conduct a review of the 
                                application to determine whether--
                                            (aa) the eligible public 
                                        entity is implementing a 
                                        habitat conservation plan that 
                                        has been approved by the 
                                        Secretary of the Interior under 
                                        section 10 of the Endangered 
                                        Species Act of 1973 (16 U.S.C. 
                                        1539);
                                            (bb) the habitat 
                                        acquisition program of the 
                                        eligible public entity would 
                                        very likely be completed; and
                                            (cc) the eligible public 
                                        entity has adopted a 
                                        complementary plan for 
                                        sustainable infrastructure 
                                        development that provides for 
                                        the mitigation of environmental 
                                        impacts.
                                    (II) Report to secretary.--Not 
                                later than 60 days after the date on 
                                which the Secretary of the Interior 
                                receives an application under subclause 
                                (I), the Secretary of the Interior 
                                shall submit to the Secretary a report 
                                that contains--
                                            (aa) an assessment of each 
                                        factor described in subclause 
                                        (I); and
                                            (bb) a recommendation 
                                        regarding the approval or 
                                        disapproval of a loan or loan 
                                        guarantee to the eligible 
                                        public entity that is the 
                                        subject of the application.
                                    (III) Consultation with secretary 
                                of commerce.--To the extent that the 
                                Secretary of the Interior considers to 
                                be appropriate to carry out this 
                                clause, the Secretary of the Interior 
                                may consult with the Secretary of 
                                Commerce.
                            (iii) Approval by secretary.--
                                    (I) In general.--Not later than 120 
                                days after receipt of an application 
                                under subparagraph (A), the Secretary 
                                shall approve or disapprove the 
                                application.
                                    (II) Factors.--In approving or 
                                disapproving an application of an 
                                eligible public entity under subclause 
                                (I), the Secretary may consider--
                                            (aa) whether the financial 
                                        plan of the eligible public 
                                        entity for habitat acquisition 
                                        is sound and sustainable;
                                            (bb) whether the eligible 
                                        public entity has the ability 
                                        to repay a loan or meet the 
                                        terms of a loan guarantee under 
                                        the program;
                                            (cc) any factor that the 
                                        Secretary determines to be 
                                        appropriate; and
                                            (dd) the recommendation of 
                                        the Secretary of the Interior.
                                    (III) Preference.--In approving or 
                                disapproving applications of eligible 
                                public entities under subclause (I), 
                                the Secretary shall give preference to 
                                eligible public entities located in 
                                biologically rich regions in which 
                                rapid growth and development threaten 
                                successful implementation of approved 
                                habitat conservation plans, as 
                                determined by the Secretary in 
                                cooperation with the Secretary of the 
                                Interior.
                    (C) Administration of loans and loan guarantees.--
                            (i) Report to secretary of the interior.--
                        Not later than 60 days after the date on which 
                        the Secretary approves or disapproves an 
                        application under subparagraph (B)(iii), the 
                        Secretary shall submit to the Secretary of the 
                        Interior a report that contains the decision of 
                        the Secretary to approve or disapprove the 
                        application.
                            (ii) Duty of secretary.--As soon as 
                        practicable after the date on which the 
                        Secretary approves an application under 
                        subparagraph (B)(iii), the Secretary shall--
                                    (I) establish the loan or loan 
                                guarantee with respect to the eligible 
                                public entity that is the subject of 
                                the application (including such terms 
                                and conditions as the Secretary may 
                                prescribe); and
                                    (II) carry out the administration 
                                of the loan or loan guarantee.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section such sums as 
are necessary.
    (d) Termination of Authority.--The authority under this section 
shall terminate on the date that is 10 years after the date of 
enactment of this Act.
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