II 

114TH CONGRESS 

1ST SESSION S. 1700 

To require the Secretary of the Army, acting through the Chief of Engineers, 

to establish a program to provide loans and loan guarantees to enable 

eligible public entities to purchase credits from mitigation banks or 

in-lieu fee programs or acquire interests in real property that are acquired pursuant to mitigation projects required under certain Federal 

Water Pollution Control Act permits, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2015 

Ms. MURKOWSKI 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 Army, acting through the 

Chief of Engineers, to establish a program to provide 

loans and loan guarantees to enable eligible public entities to purchase credits from mitigation banks or inlieu fee programs or acquire interests in real property 

that are acquired pursuant to mitigation projects required under certain Federal Water Pollution Control 

Act permits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mitigation Facilitation 

3 Act of 2015’’. 

4 SEC. 2. MITIGATION LOAN AND LOAN GUARANTEE PRO5 GRAM. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ELIGIBLE PUBLIC ENTITY.—The term ‘‘eli8 gible public entity’’ means a political subdivision of 

9 a State, including— 

10 (A) a duly established town, township, or 

11 county; 

12 (B) an entity established for the purpose 

13 of regional governance; 

14 (C) a special purpose entity; and 

15 (D) a joint powers authority, or other enti16 ty certified by the Governor of a State, to have 

17 authority to implement a mitigation project re18 quired by the Secretary under a permit required 

19 by section 404 of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1344). 

21 (2) PROGRAM.—The term ‘‘program’’ means 

22 the mitigation loan and loan guarantee program es23 tablished by the Secretary under subsection (b)(1). 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Army, acting through the Chief 

26 of Engineers. 


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1 (b) LOAN AND LOAN GUARANTEE PROGRAM.— 

2 (1) ESTABLISHMENT.—As soon as practicable 

3 after the date of enactment of this Act, the Sec4 retary shall establish a program to provide loans and 

5 loan guarantees to eligible public entities to enable 

6 the eligible public entities— 

7 (A) to purchase credits from mitigation 

8 banks or in-lieu fee programs; or 

9 (B) to acquire interests in real property 

10 that are acquired pursuant to a mitigation 

11 project required by the Secretary under a per12 mit required by section 404 of the Federal 

13 Water Pollution Control Act (33 U.S.C. 1344). 

14 (2) APPLICATION; APPROVAL PROCESS.— 

15 (A) APPLICATION.— 

16 (i) IN GENERAL.—To be eligible to re17 ceive a loan or loan guarantee under the 

18 program, an eligible public entity shall sub19 mit to the Secretary an application at such 

20 time, in such form and manner, and in21 cluding such information as the Secretary 

22 may require. 

23 (ii) SOLICITATION OF APPLICA24 TIONS.—On a rolling basis, the Secretary 

25 shall accept from eligible public entities apVerDate Sep 11 2014 04:13 Jun 30, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1700.IS S1700

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1 plications for loans and loan guarantees in 

2 accordance with this section. 

3 (B) APPROVAL BY SECRETARY.— 

4 (i) IN GENERAL.—Not later than 120 

5 days after receipt of an application under 

6 subparagraph (A), the Secretary shall ap7 prove or disapprove the application. 

8 (ii) FACTORS.—In approving or dis9 approving an application of an eligible pub10 lic entity under clause (i), the Secretary 

11 may consider— 

12 (I) whether the financial plan of 

13 the eligible public entity for use of the 

14 loan or loan guarantee is in compli15 ance with any requirements set forth 

16 in the applicable permit; 

17 (II) whether the eligible public 

18 entity has the ability to repay a loan 

19 or meet the terms of a loan guarantee 

20 under the program; and 

21 (III) any other factor that the 

22 Secretary determines to be appro23 priate. 

24 (C) ADMINISTRATION OF LOANS AND LOAN

25 GUARANTEES.—As soon as practicable after the 


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1 date on which the Secretary approves an appli2 cation under subparagraph (B), the Secretary 

3 shall— 

4 (i) establish the loan or loan guar5 antee with respect to the eligible public en6 tity that is the subject of the application 

7 (including such terms and conditions as 

8 the Secretary may prescribe); and 

9 (ii) carry out the administration of 

10 the loan or loan guarantee. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary to carry 

13 out this section such sums as are necessary. 

14 (d) TERMINATION OF AUTHORITY.—The authority 

15 under this section shall terminate on the date that is 10 

16 years after the date of enactment of this Act. 

Æ 


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