,,ii  #aadth ,,congress  #ast ,session  
,s4 #agjj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #be1     
#bjae,ms4 ,murkowski introduced the     
following bill2 which was read twice and
 referred to the ,committee on          
,environment and ,public ,works  ,a     
,,bill  ,to require the ,secretary of   
the ,army1 acting through the ,chief of 
,engineers1 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 permits1 and   
for other purposes4  #a4 ,short title   
,this ,act may be cited as the          
,mitigation ,facilitation ,act of #bjae4
  #b4 ,mitigation loan and loan         
guarantee program  7a7 ,definitions ,in 
this section3  7#a7 ,eligible public    
entity ,the term eligible public entity 

means a political subdivision of a      
,state1 including--  7,a7 a duly        
established town1 township1 or county2  
7,b7 an entity established for the      
purpose of regional governance2  7,c7 a 
special purpose entity2 and  7,d7 a     
joint powers authority1 or other entity 
certified by the ,governor of a ,state1 
to have authority to implement a        
mitigation project required by the      
,secretary under a permit required by   
section #djd of the ,federal ,water     
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acdd74  7#b7 ,program ,the term program
 means the mitigation loan and loan     
guarantee program established by the    
,secretary under subsection 7b77#a74    
7#c7 ,secretary ,the term ,secretary    
means the ,secretary of the ,army1      
acting through the ,chief of ,engineers4
  7b7 ,loan and loan guarantee program  
7#a7 ,establishment ,as soon as         
practicable after the date of enactment 
of this ,act1 the ,secretary shall      
establish a program to provide loans and

 loan guarantees to eligible public     
entities to enable the eligible public  
entities--  7,a7 to purchase credits    
from mitigation banks or in-lieu fee    
programs2 or  7,b7 to acquire interests 
in real property that are acquired      
pursuant to a mitigation project        
required by the ,secretary under a      
permit required by section #djd of the  
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd74  7#b7           
,application2 approval process  7,a7    
,application  7i7 ,in general ,to be    
eligible to receive a loan or loan      
guarantee under the program1 an eligible
 public entity shall submit to the      
,secretary an application at such time1 
in such form and manner1 and including  
such information as the ,secretary may  
require4  7ii7 ,solicitation of         
applications ,on a rolling basis1 the   
,secretary shall accept from eligible   
public entities applications for loans  
and loan guarantees in accordance with  
this section4  7,b7 ,approval by        

,secretary  7i7 ,in general ,not later  
than #abj days after receipt of an      
application under subparagraph 7,a71 the
 ,secretary shall approve or disapprove 
the application4  7ii7 ,factors ,in     
approving or disapproving an application
 of an eligible public entity under     
clause 7i71 the ,secretary may          
consider--  7,i7 whether the financial  
plan of the eligible public entity for  
use of the loan or loan guarantee is in 
compliance with any requirements set    
forth in the applicable permit2  7,,ii7 
whether the eligible public entity has  
the ability to repay a loan or meet the 
terms of a loan guarantee under the     
program2 and  7,,iii7 any other factor  
that the ,secretary determines to be    
appropriate4  7,c7 ,administration of   
loans and loan guarantees ,as soon as   
practicable after the date on which the 
,secretary approves an application under
 subparagraph 7,b71 the ,secretary      
shall--  7i7 establish the loan or loan 
guarantee with respect to the eligible  

public entity that is the subject of the
 application 7including such terms and  
conditions as the ,secretary may        
prescribe72 and  7ii7 carry out the     
administration of the loan or loan      
guarantee4  7c7 ,authorization of       
appropriations ,there are authorized to 
be appropriated to the ,secretary to    
carry out this section such sums as are 
necessary4  7d7 ,termination of         
authority ,the authority under this     
section shall terminate on the date that
 is #aj years after the date of         
enactment of this ,act4