S. 826Senate112th Congress (2011-2013)In Committee

Infrastructure Facilitation and Habitat Conservation Act of 2011

Introduced April 14, 2011

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S2516-2517)

April 14, 2011

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SenateIntro Referral

Introduced in Senate

April 14, 2011

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2516)

April 14, 2011

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S2516-2517)

April 14, 2011

Floor Debate

17 members

What members said about S. 826 on the floor

4 Republicans13 Democrats
Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Apr 14, 2011

Mr. President, I am going to speak for 2 or 3 minutes in a brief introduction, and then turn it over to my colleague from Louisiana. We are both very excited and enthusiastic to present to the Senate…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Apr 14, 2011

Mr. President, I am pleased to join my colleague, Senator Klobuchar, in cosponsoring the Combating Designer Drugs Act of 2011. All too often we are confronted with new and emerging drugs that spread…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Apr 14, 2011

Mr. President, today, I am reintroducing the Uniting American Families Act, UAFA, which grants same-sex binational couples the same immigration benefits heterosexual couples have long enjoyed. This…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 14, 2011

Mr. President, the month of April is set aside as Autism Awareness Month. This is a time when people and families affected by autism raise awareness about the challenges people with autism face. I am…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Apr 14, 2011

Mr. President, I rise to introduce the SAFE Port Reauthorization Act of 2011. This bill extends important programs that help to protect our nation's critical shipping lanes and seaports from attack…

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Mark Udall
Sen. Mark UdallD-CO · Apr 14, 2011

Mr. President, today I am introducing a bipartisan bill along with my colleague Senator Collins to help improve the health and efficiency of our schools by making them more energy efficient, while…

Tom Harkin
Sen. Tom HarkinD-IA · Apr 14, 2011

Mr. President, as we seek to ensure that our students have the knowledge and skills they need to succeed in college and careers, we must revisit how learning time is structured to help them meet the…

John F. Kerry
Sen. John F. KerryD-MA · Apr 14, 2011

Mr. President, today too many Medicare beneficiaries are being saddled with thousands of dollars of unnecessary out-of-pocket costs for stays at skilled nursing facilities, SNF, solely because of the…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Apr 14, 2011

Mr. President, I rise today with my colleague Senator Bennet, to introduce the Race to the Top Act of 2011. The Race to the Top Act will authorize the continuation of the highly successful Race to…

Christopher A. Coons
Sen. Christopher A. CoonsD-DE · Apr 14, 2011

Mr. President, I rise today to introduce my first bill in the Senate, one I believe will promote competitiveness and spur the growth of sustainable middle class jobs. As I noted in my maiden speech…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Apr 14, 2011

Mr. President, it is my honor today to introduce the Success in the Middle Act of 2011. This bill recognizes the role of the middle grades as a tipping point in the education of many of our Nation's…

Richard C. Shelby
Sen. Richard C. ShelbyR-AL · Apr 14, 2011

Mr. President, I rise today to once again introduce my flat tax bill, the Smart, Manageable and Responsible Tax Act, referred to as the SMART Act. In the United States, there are few, if any, days…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Apr 14, 2011

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…

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Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Apr 14, 2011

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…

Mark  Begich
Sen. Mark Begich D-AK · Apr 14, 2011

Mr. President--I wish to speak about legislation I am introducing today aimed at streamlining a cumbersome development process for offshore oil and gas development adjacent to Alaska. About a month…

David Vitter
Sen. David VitterR-LA · Apr 14, 2011

Mr. President, I am proud to join my colleague Senator Landrieu in introducing today this RESTORE the Gulf Coast Act of 2011. I want to also thank her and compliment her on her leadership on this…

Carl Levin
Sen. Carl LevinD-MI · Apr 14, 2011

Mr. President, I have been fighting over the past several years to stop the thousands of trash shipments entering into Michigan from Canada. This year brought some welcome good news: Canada has…

Al  Franken
Sen. Al Franken D-MN · Apr 14, 2011

Mr. President, today, I am reintroducing the Dairy Country Of Origin Labeling Act, or Dairy COOL, with Senator Schumer, Senator Gillibrand, Senator Sherrod Brown, and Senator Sanders. Our bill is…

Bill Text

Latest available legislative text

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Latest
Introduced in SenateIssued April 14, 2011

II

112th CONGRESS

1st Session

S. 826

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.

Short title

This Act may be cited as the Infrastructure Facilitation and Habitat Conservation Act of 2011.

2.

Conservation loan and loan guarantee program

(a)

Definitions

In this section:

(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.