[Congressional Record Volume 157, Number 55 (Thursday, April 14, 2011)]
[Senate]
[Pages S2516-S2517]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 826. 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 conversation plans approved by the Secretary of 
the Interior under the Endangered Species Act of 1973, and for other 
purposes; to the Committee on Environment and Public Works.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
Infrastructure Facilitation and Habitat Conservation Act of 2011.
  This legislation will make it easier for communities to build 
infrastructure and grow by allowing to access federal loan guarantees 
when they conserve land to mitigate the impacts to the environment and 
endangered species.
  This bill creates a ten year pilot program, to be administered 
jointly by the Secretaries of the Interior and Treasury, making credit 
more readily available to eligible public entities which are sponsors 
of Habitat Conservation Plans, HCPs, under section 10 of the Endangered 
Species Act of 1973.
  Habitat Conservation Plans were authorized by an amendment to the 
Endangered Species Act in 1982 as a means to permanently protect the 
habitat of threatened and endangered species, while facilitating the 
development of infrastructure, through issuance of a long-term 
``incidental take permit''. More than 500 such plans have been approved 
by the Secretary of the Interior, providing protection for nearly 50 
million acres of habitat nationwide and allowing development and 
infrastructure to proceed.
  Equally important, HCPs are very effective in avoiding, minimizing 
and mitigating the effects of development on endangered species and 
their habitats. HCPs are an essential tool, as Congress intended, in 
balancing the requirements of the Endangered Species Act with on-going 
infrastructure construction and development activity.
  In California, the Western Riverside County Multiple-Species HCP is a 
prime example of effective habitat management. The Western Riverside 
MSHCP covers an area of 1.26 million acres, of which 500,000 will be 
permanently protected for the benefit of 146 species of plants and 
animals. At the same time, it is building its infrastructure and 
transportation needs for the next century.
  To date, more than 40,000 acres of property have been conserved. In 
the case of the Western Riverside MSHCP, as with other HCPs nationwide, 
this strategy for advance mitigation of environmental impacts has 
facilitated the development of much-needed transportation 
infrastructure.
  Riverside has been one of the Nation's fastest growing counties, with 
a rate of growth during the last decade of 42 percent. Unless the 
development of infrastructure can be made to keep pace with this 
explosive population growth, neither environmental or livability goals 
will be attained.
  Owing to the economic downturn, however, the pace of habitat 
acquisition in Western Riverside and other similarly-situated 
communities has slowed to a crawl. Revenue which had been generated to 
finance acquisition of habitat during periods of robust development has 
also slowed to a trickle, at just the moment when real estate values 
are at historic lows.
  Ready access to capital during this period would enable Western 
Riverside to complete its habitat acquisition program for half of what 
it was estimated to cost in 2008, for a savings of $2 billion.
  Under this bill, loan guarantee applicants would have to demonstrate 
their credit-worthiness and the likely success of their habitat 
acquisition programs. Priority would be given to HCPs in biologically 
rich regions whose natural attributes are threatened by rapid 
development. Other than the modest costs of administration, the bill 
would entail no federal expenditure unless the local government 
defaulted a very rare occurrence.
  The Federal guarantees will assure access to commercial credit at 
reduced rates of interest, enabling these communities to take advantage 
of temporarily low prices for habitat. Prompt enactment of this 
legislation will provide multiple benefits at very low cost to the 
Federal taxpayer protection of more habitat more quickly, accelerated 
development of infrastructure with minimum environmental impact, and 
reduction in the total cost of HCP land acquisition.
  I urge my colleagues to support this legislation. I believe it will 
encourage development and growth and conservation of land and 
protection of endangered species, at minimal Federal risk. It is 
exactly the Federal local partnership that we need to use to maximize 
efficient use of Federal dollars.
  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. 826

       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:

[[Page S2517]]

       (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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