I 
112TH CONGRESS 
1ST SESSION H. R. 1907 
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 HOUSE OF REPRESENTATIVES 
MAY 13, 2011 
Mr. CALVERT (for himself and Mr. ISSA) introduced the following bill; which 
was referred to the Committee on Natural Resources 
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 prop-
erty 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Infrastructure Facili-
tation and Habitat Conservation Act of 2011’’. 
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SEC. 2. CONSERVATION LOAN AND LOAN GUARANTEE PRO-
GRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE PUBLIC ENTITY.—The term ‘‘eli-
gible 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 enti-
ty certified by the Governor of a State, to have 
authority to implement a habitat conservation 
plan pursuant to section 10(a) of the Endan-
gered 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 Sec-
retary shall establish a program to provide loans and 
loan guarantees to eligible public entities to enable 
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eligible public entities to acquire interests in real 
property that are acquired pursuant to habitat con-
servation plans approved by the Secretary of the In-
terior 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 re-
ceive a loan or loan guarantee under the 
program, an eligible public entity shall sub-
mit to the Secretary an application at such 
time, in such form and manner, and in-
cluding such information as the Secretary 
may require. 
(ii) 
SOLICITATION
OF
APPLICA-
TIONS.—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 
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subparagraph (A), the Secretary shall sub-
mit the application to the Secretary of the 
Interior for review. 
(ii) REVIEW BY SECRETARY OF THE 
INTERIOR.— 
(I) REVIEW.—As soon as prac-
ticable after the date of receipt of an 
application by the Secretary under 
clause (i), the Secretary of the Inte-
rior shall conduct a review of the ap-
plication to determine whether— 
(aa) the eligible public entity 
is implementing a habitat con-
servation plan that has been ap-
proved 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 en-
tity would very likely be com-
pleted; and 
(cc) the eligible public entity 
has adopted a complementary 
plan for sustainable infrastruc-
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ture development that provides 
for the mitigation of environ-
mental impacts. 
(II) REPORT
TO
SECRETARY.— 
Not later than 60 days after the date 
on which the Secretary of the Interior 
receives an application under sub-
clause (I), the Secretary of the Inte-
rior shall submit to the Secretary a 
report that contains— 
(aa) an assessment of each 
factor described in subclause (I); 
and 
(bb) a recommendation re-
garding the approval or dis-
approval of a loan or loan guar-
antee to the eligible public entity 
that is the subject of the applica-
tion. 
(III) CONSULTATION WITH SEC-
RETARY OF COMMERCE.—To the ex-
tent that the Secretary of the Interior 
considers to be appropriate to carry 
out this clause, the Secretary of the 
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Interior may consult with the Sec-
retary of Commerce. 
(iii) APPROVAL BY SECRETARY.— 
(I) IN GENERAL.—Not later than 
120 days after receipt of an applica-
tion under subparagraph (A), the Sec-
retary shall approve or disapprove the 
application. 
(II) FACTORS.—In approving or 
disapproving an application of an eli-
gible 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 pro-
gram; 
(cc) any factor that the Sec-
retary determines to be appro-
priate; and 
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(dd) the recommendation of 
the Secretary of the Interior. 
(III) PREFERENCE.—In approv-
ing or disapproving applications of eli-
gible 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 suc-
cessful implementation of approved 
habitat conservation plans, as deter-
mined 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 sub-
paragraph (B)(iii), the Secretary shall sub-
mit to the Secretary of the Interior a re-
port that contains the decision of the Sec-
retary to approve or disapprove the appli-
cation. 
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(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 pre-
scribe); and 
(II) carry out the administration 
of the loan or loan guarantee. 
(c) 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. 
Æ 
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