[Congressional Record Volume 153, Number 126 (Thursday, August 2, 2007)]
[Senate]
[Pages S10799-S10801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Wyden, Mr. Craig, and Mr. 
        Domenici):
  S. 1949. 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; to the 
Committee on Energy and Natural Resources.
  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. 1949

       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;

[[Page S10800]]

       (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

[[Page S10801]]

     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.
                                 ______