II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Infrastructure Facili5 tation and Habitat Conservation Act of 2011’’. 


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1 SEC. 2. CONSERVATION LOAN AND LOAN GUARANTEE PRO2 GRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ELIGIBLE PUBLIC ENTITY.—The term ‘‘eli5 gible public entity’’ means a political subdivision of 

6 a State, including— 

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

8 county; 

9 (B) an entity established for the purpose 

10 of regional governance; 

11 (C) a special purpose entity; and 

12 (D) a joint powers authority, or other enti13 ty certified by the Governor of a State, to have 

14 authority to implement a habitat conservation 

15 plan pursuant to section 10(a) of the Endan16 gered Species Act of 1973 (16 U.S.C. 1539(a)). 

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

18 the conservation loan and loan guarantee program 

19 established by the Secretary under subsection (b)(1). 

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

21 the Secretary of the Treasury. 

22 (b) LOAN AND LOAN GUARANTEE PROGRAM.— 

23 (1) ESTABLISHMENT.—As soon as practicable 

24 after the date of enactment of this Act, the Sec25 retary shall establish a program to provide loans and 

26 loan guarantees to eligible public entities to enable 


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1 eligible public entities to acquire interests in real 

2 property that are acquired pursuant to habitat con3 servation plans approved by the Secretary of the In4 terior under section 10 of the Endangered Species 

5 Act of 1973 (16 U.S.C. 1539). 

6 (2) APPLICATION; APPROVAL PROCESS.— 

7 (A) APPLICATION.— 

8 (i) IN GENERAL.—To be eligible to re9 ceive a loan or loan guarantee under the 

10 program, an eligible public entity shall sub11 mit to the Secretary an application at such 

12 time, in such form and manner, and in13 cluding such information as the Secretary 

14 may require. 

15 (ii) SOLICITATION OF APPLICA16 TIONS.—Not less frequently than once per 

17 calendar year, the Secretary shall solicit 

18 from eligible public entities applications for 

19 loans and loan guarantees in accordance 

20 with this section. 

21 (B) APPROVAL PROCESS.— 

22 (i) SUBMISSION OF APPLICATIONS TO

23 SECRETARY OF THE INTERIOR.—As soon 

24 as practicable after the date on which the 

25 Secretary receives an application under 


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1 subparagraph (A), the Secretary shall sub2 mit the application to the Secretary of the 

3 Interior for review. 

4 (ii) REVIEW BY SECRETARY OF THE

5 INTERIOR.— 

6 (I) REVIEW.—As soon as prac7 ticable after the date of receipt of an 

8 application by the Secretary under 

9 clause (i), the Secretary of the Inte10 rior shall conduct a review of the ap11 plication to determine whether— 

12 (aa) the eligible public entity 

13 is implementing a habitat con14 servation plan that has been ap15 proved by the Secretary of the 

16 Interior under section 10 of the 

17 Endangered Species Act of 1973 

18 (16 U.S.C. 1539); 

19 (bb) the habitat acquisition 

20 program of the eligible public en21 tity would very likely be com22 pleted; and 

23 (cc) the eligible public entity 

24 has adopted a complementary 

25 plan for sustainable infrastrucVerDate Mar 15 2010 23:50 Apr 15, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S826.IS S826

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1 ture development that provides 

2 for the mitigation of environ3 mental impacts. 

4 (II) REPORT TO SECRETARY.— 

5 Not later than 60 days after the date 

6 on which the Secretary of the Interior 

7 receives an application under sub8 clause (I), the Secretary of the Inte9 rior shall submit to the Secretary a 

10 report that contains— 

11 (aa) an assessment of each 

12 factor described in subclause (I); 

13 and 

14 (bb) a recommendation re15 garding the approval or dis16 approval of a loan or loan guar17 antee to the eligible public entity 

18 that is the subject of the applica19 tion. 

20 (III) CONSULTATION WITH SEC21 RETARY OF COMMERCE.—To the ex22 tent that the Secretary of the Interior 

23 considers to be appropriate to carry 

24 out this clause, the Secretary of the 


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1 Interior may consult with the Sec2 retary of Commerce. 

3 (iii) APPROVAL BY SECRETARY.— 

4 (I) IN GENERAL.—Not later than 

5 120 days after receipt of an applica6 tion under subparagraph (A), the Sec7 retary shall approve or disapprove the 

8 application. 

9 (II) FACTORS.—In approving or 

10 disapproving an application of an eli11 gible public entity under subclause (I), 

12 the Secretary may consider— 

13 (aa) whether the financial 

14 plan of the eligible public entity 

15 for habitat acquisition is sound 

16 and sustainable; 

17 (bb) whether the eligible 

18 public entity has the ability to 

19 repay a loan or meet the terms of 

20 a loan guarantee under the pro21 gram; 

22 (cc) any factor that the Sec23 retary determines to be appro24 priate; and 


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1 (dd) the recommendation of 

2 the Secretary of the Interior. 

3 (III) PREFERENCE.—In approv4 ing or disapproving applications of eli5 gible public entities under subclause 

6 (I), the Secretary shall give preference 

7 to eligible public entities located in 

8 biologically rich regions in which rapid 

9 growth and development threaten suc10 cessful implementation of approved 

11 habitat conservation plans, as deter12 mined by the Secretary in cooperation 

13 with the Secretary of the Interior. 

14 (C) ADMINISTRATION OF LOANS AND LOAN

15 GUARANTEES.— 

16 (i) REPORT TO SECRETARY OF THE

17 INTERIOR.—Not later than 60 days after 

18 the date on which the Secretary approves 

19 or disapproves an application under sub20 paragraph (B)(iii), the Secretary shall sub21 mit to the Secretary of the Interior a re22 port that contains the decision of the Sec23 retary to approve or disapprove the appli24 cation. 


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1 (ii) DUTY OF SECRETARY.—As soon 

2 as practicable after the date on which the 

3 Secretary approves an application under 

4 subparagraph (B)(iii), the Secretary 

5 shall— 

6 (I) establish the loan or loan 

7 guarantee with respect to the eligible 

8 public entity that is the subject of the 

9 application (including such terms and 

10 conditions as the Secretary may pre11 scribe); and 

12 (II) carry out the administration 

13 of the loan or loan guarantee. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary to carry 

16 out this section such sums as are necessary. 

17 (d) TERMINATION OF AUTHORITY.—The authority 

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

19 years after the date of enactment of this Act. 

Æ 


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