[Congressional Record Volume 153, Number 105 (Wednesday, June 27, 2007)]
[Senate]
[Pages S8619-S8620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Lugar, Mr. Obama, Mr. Brown, Mr. 
        Cardin, Mr. Levin, and Ms. Stabenow):
  S. 1717. A bill to reqire the Secretary of Agriculture, acting 
through the Deputy Chief of 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; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. DURBIN. Mr. President, I rise today to introduce the bipartisan 
Emerald Ash Borer Municipality Assistance Act of 2007, a bill designed 
to help local units of government manage the costs of combating this 
pernicious invasive pest species.
  Although some of my colleagues in the Senate may not have heard of 
the Emerald Ash Borer, it is a destructive pest that poses a 
significant threat to our forests and urban and residential landscapes.
  Some of my colleagues are all too familiar with the destructive power 
of EAB because of the speed with which it can move from State to State 
and the extensive damage it can cause to a State's ash tree population. 
Before this species was discovered in Illinois, I had been following 
its deadly march across the Midwest and had discussed the dangers of 
EAB with my colleagues from Michigan and Indiana.
  The emerald-green beetle was most likely brought to North America in 
solid wood packing material from Asia about 10 years ago. Our new flat 
world means that in addition to improved global communications and more 
foreign trade and foreign travel, we are also witnessing the 
international movement of bugs like this beetle.
  The beetle was first discovered in Michigan in 2002. Since then, the 
beetle has killed 20 million of the State's more than 700 million ash 
trees. Since then, the beetle has been found in Indiana, Ohio, and 
Maryland. The tiny beetle kills with astonishing speed. During the 
mating season, the ash borer lays its larva under the bark of the ash 
trees. When they hatch, hundreds of these beetles feed on the inner 
bark of the ash tree, disrupting the tree's ability to transport water 
and nutrients through the tree.
  Within 2 to 3 years of introduction, the beetles will destroy a host 
ash tree and spread. Each beetle has a half mile flying range, widening 
the beetle's infestation every year in expanding concentric circles. 
The beetle is also spread artificially and often unknowingly by campers 
and others who transport ash firewood and thus introduce the beetle to 
new environments.
  Managing this deadly beetle is a significant challenge. At an average 
cost of $500 per tree removal and a couple of hundred dollars to 
replant a tree to maintain forest and urban canopies, this bug presents 
a serious economic impact on our communities. Additional costs are 
incurred for equipment, marshalling yards, and survey activities.
  While the Federal Government administers a national EAB program 
through USDA-APHIS, many of the costs of managing EAB are borne by 
municipalities and homeowners. For example, the city of Woodridge, IL, 
a town of 30,000, is home to 8,000 public trees, 25 percent of which 
are ash. If the Emerald Ash Borer were to infest the public-owned ash 
trees of Woodridge, the cost of removing and replanting Woodridge's 
trees would be about $1.8 million.
  One of the missing pieces in the Federal Emerald Ash Borer, EAB, 
Program is a mechanism to help municipalities defray the costs of 
performing EAB prevention duties normally performed by the Federal 
Government. These costs include managing the EAB population by 
surveying trees, removing infested trees, and replacing removed trees. 
The expenses associated with these activities include purchasing bucket 
trucks, tub grinders, and replacement trees and renting or leasing 
space for marshalling yards.
  The legislation would create a low-interest revolving loan fund for 
communities for the purchase of capital equipment and replacement trees 
within quarantine areas. Communities would have a 20-year window to 
repay the loan. In addition, the bill would allow states to contract 
with local units of government to perform EAB duties.
  Ash trees are among the most commonly found trees in our forests and 
urban canopies. Wisconsin is home to more than 700 million of them. 
They make up 20 percent of the tree population of beautiful Madison, 
WI. The beetle threatens billions of ash trees in North America. Losing 
our ash trees would incur costs that are difficult to measure. 
Homeowners deeply love their trees and value the shade and aesthetic 
beauty they add. Ash trees are a part of our wildlife habitat and 
diverse environment.
  In my State of Illinois, the beetle has been found in multiple 
locations, in several parts of both Kane County and Cook County. 
Experts say that unchecked, this beetle could threaten ash trees 
nationwide on a scale equal to the Dutch Elm Disease, which destroyed 
more than half of the elm trees in the northern United States.
  It is a problem of significant magnitude and I hope my colleagues 
will join me in this effort to control and eradicate the Emerald Ash 
Borer.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1717

       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 ``Emerald Ash Borer 
     Municipality Assistance Act of 2007''.

     SEC. 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.

[[Page S8620]]

       (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.

     SEC. 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.
                                 ______