S 1140 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1140CommentsClose CommentsPermalink

To provide for restoration of the coastal areas of the Gulf of Mexico affected by the Deepwater Horizon oil spill, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 26, 2011CommentsClose CommentsPermalink

Mr. ROCKEFELLER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for restoration of the coastal areas of the Gulf of Mexico affected by the Deepwater Horizon oil spill, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Gulf Coast Restoration Act’.CommentsClose CommentsPermalink

SEC. 2. GULF COAST ECOSYSTEM RESTORATION.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) Chair- The term ‘Chair’ means the Chair of the Task Force appointed under subsection (d)(3).CommentsClose CommentsPermalink





(2) State coastal ecosystem restoration plan- The term ‘State Coastal Ecosystem Restoration Plan’ means a plan submitted under subsection (c) by a qualifying State to the Task Force.CommentsClose CommentsPermalink





(3) Fund- The term ‘Fund’ means the Gulf Coast Ecosystem Restoration Fund established by subsection (b)(2)(A).CommentsClose CommentsPermalink





(4) Governors- The term ‘Governors’ means the Governors of each of the States of Alabama, Florida, Louisiana, and Mississippi.CommentsClose CommentsPermalink





(5) Gulf coast ecosystem- The term ‘Gulf Coast ecosystem’ means the coastal zones, as determined pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), of the States of Alabama, Florida, Louisiana, and Mississippi and adjacent State waters and areas of the outer Continental Shelf, adversely impacted by the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment.CommentsClose CommentsPermalink





(6) Secretary- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(7) Qualifying state- The term ‘qualifying State’ means each of the States of Alabama, Florida, Louisiana, and Mississippi.CommentsClose CommentsPermalink





(8) Task force- The term ‘Task Force’ means the Gulf Coast Ecosystem Restoration Task Force established by subsection (d).CommentsClose CommentsPermalink





(b) Gulf Coast Ecosystem Restoration-CommentsClose CommentsPermalink





(1) In general- In accordance with this section, the Chair shall review and approve or disapprove State Coastal Ecosystem Restoration Plans submitted by the Governors that provide for restoration activities with respect to the Gulf Coast ecosystem.CommentsClose CommentsPermalink





(2) Gulf coast ecosystem restoration fund-CommentsClose CommentsPermalink





(A) Establishment- There is established in the Treasury of the United States a fund to be known as the ‘Gulf Coast Ecosystem Restoration Fund’.CommentsClose CommentsPermalink





(B) Transfers to fund- Notwithstanding any other provision of law, the Secretary of the Treasury shall deposit into the Fund amounts equal to not less than 80 percent of any amounts collected by the United States as penalties, settlements, or fines under sections 309 and 311 of the Federal Water Pollution Control Act (33 U.S.C. 1319, 1321) in relation to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment.CommentsClose CommentsPermalink





(C) Authorized uses- The Fund shall be available to the Chair for the conservation, protection, and restoration of the Gulf Coast ecosystem in accordance with State Coastal Ecosystem Restoration Plans submitted by the Governors and approved by the Chair under this section.CommentsClose CommentsPermalink





(3) Disbursement- The Chair shall disburse to each qualifying State for which the Chair has approved a State Coastal Ecosystem Restoration Plan under this section such funds as are allocated to the qualifying State under this section.CommentsClose CommentsPermalink





(4) Use of funds by qualifying state- A qualifying State shall use all amounts received under this section, including any amount deposited in a trust fund that is administered by the State and dedicated to uses consistent with this section, in accordance with all applicable Federal and State law, only for 1 or more of the following purposes:CommentsClose CommentsPermalink





(A) Projects and activities for the conservation, protection, or restoration of coastal areas, including wetlands.CommentsClose CommentsPermalink





(B) Mitigation of damage to fish, wildlife, or natural resources.CommentsClose CommentsPermalink





(C) Planning assistance and the administrative costs of complying with this section.CommentsClose CommentsPermalink





(D) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan.CommentsClose CommentsPermalink





(c) State Coastal Ecosystem Restoration Plan-CommentsClose CommentsPermalink





(1) Submission of state plans-CommentsClose CommentsPermalink





(A) In general- Not later than July 1, 2012, the Governor of a qualifying State shall submit to the Chair a State Coastal Ecosystem Restoration Plan.CommentsClose CommentsPermalink





(B) Public participation- In carrying out subparagraph (A), the Governor shall solicit local input and provide for public participation in the development of the plan.CommentsClose CommentsPermalink





(2) Approval-CommentsClose CommentsPermalink





(A) In general- The Chair must approve a plan of a qualifying State submitted under paragraph (1) before disbursing any amount to the qualifying State under this section.CommentsClose CommentsPermalink





(B) Required components- The Chair shall approve a plan submitted by a qualifying State under paragraph (1) if--CommentsClose CommentsPermalink





(i) the Chair determines that the plan is consistent with the uses described in subsection (b); andCommentsClose CommentsPermalink





(ii) the plan contains--CommentsClose CommentsPermalink





(I) the name of the State agency that will have the authority to represent and act on behalf of the State in dealing with the Secretary for purposes of this section;CommentsClose CommentsPermalink





(II) a program for the implementation of the plan that describes how the amounts provided under this section to the qualifying State will be used; andCommentsClose CommentsPermalink





(III) a certification by the Governor that ample opportunity has been provided for public participation in the development and revision of the plan.CommentsClose CommentsPermalink





(3) Amendments- Any amendment to a plan submitted under paragraph (1) shall be--CommentsClose CommentsPermalink





(A) developed in accordance with this subsection; andCommentsClose CommentsPermalink





(B) submitted to the Chair for approval or disapproval under paragraph (4).CommentsClose CommentsPermalink





(4) Procedure- Not later than 60 days after the date on which a plan or amendment to a plan is submitted under paragraph (1) or (3), respectively, the Chair shall approve or disapprove the plan or amendment.CommentsClose CommentsPermalink





(d) Gulf Coast Ecosystem Restoration Task Force-CommentsClose CommentsPermalink





(1) Establishment- There is established the Gulf Coast Ecosystem Restoration Task Force.CommentsClose CommentsPermalink





(2) Membership- The Task Force shall consist of the following members, or in the case of a Federal agency, a designee at the level of Assistant Secretary or the equivalent:CommentsClose CommentsPermalink





(A) The Secretary.CommentsClose CommentsPermalink





(B) The Secretary of Commerce.CommentsClose CommentsPermalink





(C) The Secretary of the Army.CommentsClose CommentsPermalink





(D) The Attorney General.CommentsClose CommentsPermalink





(E) The Secretary of Homeland Security.CommentsClose CommentsPermalink





(F) The Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(G) The Commandant of the Coast Guard.CommentsClose CommentsPermalink





(H) The Secretary of Transportation.CommentsClose CommentsPermalink





(I) The Secretary of Agriculture.CommentsClose CommentsPermalink





(J) A representative of each affected Indian tribe, appointed by the Secretary based on the recommendations of the tribal chairman.CommentsClose CommentsPermalink





(K) Two representatives of each of the States of Alabama, Florida, Louisiana, and Mississippi, appointed by the Governor of each State, respectively.CommentsClose CommentsPermalink





(L) Two representatives of local government within each of the States of Alabama, Florida, Louisiana, and Mississippi, appointed by the Governor of each State, respectively.CommentsClose CommentsPermalink





(3) Chair- The Chair of the Task Force shall be appointed by the President from among the members under paragraph (2) who are Federal officials.CommentsClose CommentsPermalink





(4) Duties of the task force- The Task Force shall--CommentsClose CommentsPermalink





(A) consult with, and provide recommendations to, the Chair regarding the approval of State Coastal Ecosystem Restoration Plans;CommentsClose CommentsPermalink





(B) coordinate scientific and other research associated with restoration of the Gulf Coast ecosystem; andCommentsClose CommentsPermalink





(C) submit an annual report to Congress that summarizes the State Coastal Ecosystem Restoration Plans submitted by the Governors and approved by the Chair.CommentsClose CommentsPermalink





(5) Application of the federal advisory committee act- The Task Force shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.).CommentsClose CommentsPermalink