S 1400 ISRSCommentsClose CommentsPermalink

Calendar No. 254CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1400CommentsClose CommentsPermalink

[Report No. 112-100]CommentsClose CommentsPermalink

To restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of Gulf Coast States, to create jobs and revive the economic health of communities adversely affected by the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

July 21, 2011CommentsClose CommentsPermalink

Ms. LANDRIEU (for herself, Mr. SHELBY, Mr. VITTER, Mr. NELSON of Florida, Mr. RUBIO, Mr. SESSIONS, Mr. COCHRAN, Mr. WICKER, and Mrs. HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

December 8, 2011CommentsClose CommentsPermalink

Reported by Mrs. BOXER, with an amendmentCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

---

A BILLCommentsClose CommentsPermalink

To restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of Gulf Coast States, to create jobs and revive the economic health of communities adversely affected by the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, 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 ‘Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that-- CommentsClose CommentsPermalink





(1) as a result of decades of oil and gas development in the Gulf of Mexico, producing and nonproducing States in the Gulf Coast region have borne substantial risks of environmental damage and economic harm, all of which culminated with the explosion on, and sinking of, the mobile offshore drilling unitDeepwater Horizon; CommentsClose CommentsPermalink





(2) the discharge of oil in the Gulf of Mexico that began following the explosion on, and sinking of, the mobile offshore drilling unitDeepwater Horizon has caused substantial environmental destruction and economic harm to the people and communities of the Gulf Coast region; CommentsClose CommentsPermalink





(3)(A) in the report entitled ‘America’s Gulf Coast--A Long Term Recovery Plan after the Deepwater Horizon Oil Spill’, the Secretary of the Navy stated, ‘Together, the Gulf’s tourism and commercial and recreational fishing industries contribute tens of billions of dollars to the U.S. economy. More than 90 percent of the nation’s offshore crude oil and natural gas is produced in the Gulf, and the federal treasury receives roughly $4.5 billion dollars every year from offshore leases and royalties. And it is in the Gulf of Mexico that nearly one third of seafood production in the continental U.S. is harvested. America needs a healthy and resilient Gulf Coast, one that can support the diverse economies, communities, and cultures of the region.’; CommentsClose CommentsPermalink





(B) to address the needs of the Gulf Coast region, the Secretary of the Navy stated, ‘It is recommended that the President urge Congress to pass legislation that would dedicate a significant amount of any civil penalties recovered under the Clean Water Act from parties responsible for the Deepwater Horizon oil spill to those directly impacted by that spill.’; and CommentsClose CommentsPermalink





(C) to mitigate local challenges and help restore the resiliency of communities adversely affected by the spill, the Secretary of the Navy stated that the legislation described in subparagraph (B) should ‘[b]uild economic development strategies around community needs, and take particular efforts to address the needs of disadvantaged, underserved, and resource constrained communities’; CommentsClose CommentsPermalink





(4) in a final report to the President, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling-- CommentsClose CommentsPermalink





(A) stated, ‘Estimates of the cost of Gulf restoration, including but not limited to the Mississippi Delta, vary widely, but according to testimony before the Commission, full restoration of the Gulf will require $15 billion to $20 billion: a minimum of $500 million annually for 30 years.’; and CommentsClose CommentsPermalink





(B) like the Secretary of the Navy, recommended that, to meet the needs described in subparagraph (A), a substantial portion of applicable penalties under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) be dedicated to long-term restoration of the Gulf of Mexico; CommentsClose CommentsPermalink





(5) taking into account the risks borne by Gulf Coast States for decades of oil and gas development and the environmental degradation suffered by the Gulf Coast ecosystem, the amounts received by the United States as payment of administrative, civil, or criminal penalties in connection with the explosion on, and sinking of, the mobile offshore drilling unitDeepwater Horizon should be expended-- CommentsClose CommentsPermalink





(A) to restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, coastal wetlands, and economy of the Gulf Coast; and CommentsClose CommentsPermalink





(B) to address the associated economic harm suffered by the people and communities of the region; CommentsClose CommentsPermalink





(6) the projects and programs authorized by this Act and the amendments made by this Act should be carried out pursuant to contracts awarded in a manner that provides a preference to individuals and entities that reside in, are headquartered in, or are principally engaged in business in a Gulf Coast State; and CommentsClose CommentsPermalink





(7) Federal, State, and local officials should seek-- CommentsClose CommentsPermalink





(A) to leverage the financial resources made available under this Act; and CommentsClose CommentsPermalink





(B) to the maximum extent practicable, to ensure that projects funded pursuant to this Act complement efforts planned or in operation to revitalize the natural resources and economic health of the Gulf Coast region. CommentsClose CommentsPermalink

SEC. 3. GULF COAST RESTORATION TRUST FUND.

(a) Establishment- There is established in the Treasury of the United States a trust fund to be known as the ‘Gulf Coast Restoration Trust Fund’ (referred to in this section as the ‘Trust Fund’), consisting of such amounts as are deposited in the Trust Fund under this Act or any other provision of law. CommentsClose CommentsPermalink





(b) Transfers- The Secretary of the Treasury shall deposit in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date of enactment of this Act in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon pursuant to a court order, negotiated settlement, or other instrument in accordance with section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321). CommentsClose CommentsPermalink





(c) Expenditures- Amounts in the Trust Fund, including interest earned on advances to the Trust Fund and proceeds from investment under subsection (d), shall-- CommentsClose CommentsPermalink





(1) be available for expenditure, without further appropriation, solely for the purpose and eligible activities of this Act; and CommentsClose CommentsPermalink





(2) remain available until expended, without fiscal year limitation. CommentsClose CommentsPermalink





(d) Investment- Amounts in the Trust Fund shall be invested in accordance withsection 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be available for expenditure in accordance with this Act and the amendments made by this Act. CommentsClose CommentsPermalink





(e) Administration- Not later than 180 days after the date of enactment of this Act, after providing notice and an opportunity for public comment, the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall establish such procedures as the Secretary determines to be necessary to deposit amounts in, and expend amounts from, the Trust Fund pursuant to this Act, including-- CommentsClose CommentsPermalink





(1) procedures to assess whether the programs and activities carried out under this Act and the amendments made by this Act achieve compliance with applicable requirements, including procedures by which the Secretary of the Treasury may determine whether an expenditure by a Gulf Coast State or coastal political subdivision (as those terms are defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to such a program or activity achieves compliance; CommentsClose CommentsPermalink





(2) auditing requirements to ensure that amounts in the Trust Fund are expended as intended; and CommentsClose CommentsPermalink





(3) procedures for identification and allocation of funds available to the Secretary under other provisions of law that may be necessary to pay the administrative expenses directly attributable to the management of the Trust Fund. CommentsClose CommentsPermalink

SEC. 4. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC RECOVERY.

Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in paragraph (25)(B), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(B) in paragraph (26)(D), by striking the period at the end and inserting a semicolon; and CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink





‘(27) the term ‘Chairperson’ means the Chairperson of the Council; CommentsClose CommentsPermalink





‘(28) the term ‘coastal political subdivision’ means any local political jurisdiction that is immediately below the State level of government, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico; CommentsClose CommentsPermalink





‘(29) the term ‘Comprehensive Plan’ means the comprehensive plan developed by the Council pursuant to subsection (t); CommentsClose CommentsPermalink





‘(30) the term ‘Council’ means the Gulf Coast Ecosystem Restoration Council established pursuant to subsection (t); CommentsClose CommentsPermalink





‘(31) the term ‘Deepwater Horizon oil spill’ means 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





‘(32) the term ‘Gulf Coast ecosystem’ means-- CommentsClose CommentsPermalink





‘(A) in the Gulf Coast States, the coastal zones (as that term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), except that, in this section, the term ‘coastal zones’ includes land within the coastal zones that is held in trust by, or the use of which is by law subject solely to the discretion of, the Federal Government or officers or agents of the Federal Government) that border the Gulf of Mexico; CommentsClose CommentsPermalink





‘(B) any adjacent land, water, and watersheds, that are within 25 miles of those coastal zonese coastal zones described in subparagraph (A) of the Gulf Coast States; and CommentsClose CommentsPermalink





‘(C) all Federal waters in the Gulf of Mexico; CommentsClose CommentsPermalink





‘(33) the term ‘Gulf Coast State’ means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas; and CommentsClose CommentsPermalink





‘(34) the term ‘Trust Fund’ means the Gulf Coast Restoration Trust Fund established pursuant to section 3 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011.’; CommentsClose CommentsPermalink





(2) in subsection (s), by inserting ‘except as provided in subsection (t)’ before the period at the end; and CommentsClose CommentsPermalink





(3) by adding at the end the following: CommentsClose CommentsPermalink





‘(t) Gulf Coast Restoration and Recovery- CommentsClose CommentsPermalink





‘(1) STATE ALLOCATION AND EXPENDITURES- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Of the total amounts made available in any fiscal year from the Trust Fund, 35 percent shall be available, in accordance with the requirements of this section, to the Gulf Coast States in equal shares for expenditure for ecological and economic restoration of the Gulf Coast ecosystem in accordance with this subsection. CommentsClose CommentsPermalink





‘(B) USE OF FUNDS- CommentsClose CommentsPermalink





‘(i) ELIGIBLE ACTIVITIES- Amounts provided to the Gulf States under this subsection may only be used to carry out 1 or more of the following activities: CommentsClose CommentsPermalink





‘(I) Coastal restoration projects and activities, including conservation and coastal land acquisition. CommentsClose CommentsPermalink





‘(II) Mitigation of damage to, and restoration of, fish, wildlife, or natural resources. CommentsClose CommentsPermalink





‘(III) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring. CommentsClose CommentsPermalink





‘(IV) Programs to promote tourism in a Gulf Coast State.‘(V), including recreational fishing. CommentsClose CommentsPermalink





‘(V) Programs to promote the consumption of seafood produced from the Gulf Coast ecosystem. CommentsClose CommentsPermalink





‘(VI) Programs to promote education regarding the natural resources of the Gulf Coast ecosystem. CommentsClose CommentsPermalink





‘(VII) Planning assistance. CommentsClose CommentsPermalink





‘(VIII) Workforce development and job creation. CommentsClose CommentsPermalink





‘(IX) Improvements to or upon State parks located in coastal areas affected by the Deepwater Horizon oil spill. CommentsClose CommentsPermalink





‘(X) Mitigation of the ecological and economic impact of outer Continental Shelf activities and the impacts of the Deepwater Horizon oil spill or promotion of the long-term ecological or economic recovery of the Gulf Coast ecosystem through the funding of infrastructure projects. CommentsClose CommentsPermalink





‘(XI) Coastal flood protection and infrastructure directly affected by coastal wetland losses, beach erosion, andor the impacts of the Deepwater Horizon oil spill. CommentsClose CommentsPermalink





‘(XII) Administrative costs of complying with this subsection. CommentsClose CommentsPermalink





‘(ii) LIMITATION- CommentsClose CommentsPermalink





‘(I) IN GENERAL- Of the amounts received by a Gulf State under this subsection not more than 3 percent may be used for administrative costs eligible under clause (i)(XII). CommentsClose CommentsPermalink





‘(II) PROHIBITION ON USE FOR IMPORTED SEAFOOD- None of the funds made available under this subsection shall be used for any program to support or promote imported seafood or any seafood product that is not harvested from the Gulf Coast ecosystem. CommentsClose CommentsPermalink





‘(C) COASTAL POLITICAL SUBDIVISIONS- CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the case of a State where the coastal zone includes the entire State-- CommentsClose CommentsPermalink





‘(I) 75 percent of funding shall be provided to the 8 counties that were disproportionatelydisproportionally affected counties impacted by the Deepwater Horizon Oil Spill; and CommentsClose CommentsPermalink





‘(II) 25 percent shall be provided to nondisproportionately impacted counties within the State. CommentsClose CommentsPermalink





‘(ii) LOUISIANA- Of the total amounts made available to the State of Louisiana under this paragraph: CommentsClose CommentsPermalink





‘(I) Seventy70 percent shall be provided directly to the State in accordance with this subsection. CommentsClose CommentsPermalink





‘(II) Thirty30 percent shall be provided directly to parishes in the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the State of Louisiana according to the following weighted formula: CommentsClose CommentsPermalink

‘(aa) Forty40 percent based on the weighted average of miles of the parish shoreline oiled. CommentsClose CommentsPermalink

‘(bb) Forty40 percent based on the weighted average of the population of the parish. CommentsClose CommentsPermalink

‘(cc) Twenty20 percent based on the weighted average of the land mass of the parish. CommentsClose CommentsPermalink

‘(iii) CONDITIONS- CommentsClose CommentsPermalink





‘(I) LAND USE PLAN- As a condition of receiving amounts allocated under clause (ii), the chief executive of the eligible parish shall certify to the Governor of the State that the parish has completed a comprehensive land use plan. CommentsClose CommentsPermalink





‘(II) OTHER CONDITIONS- A coastal political subdivision receiving funding under this subsection shall meet all of the conditions in subparagraph (D). CommentsClose CommentsPermalink





‘(D) CONDITIONS- As a condition of receiving amounts from the Trust Fund, a Gulf Coast State, including the entities described in subparagraph (E), or a coastal political subdivision shall-- CommentsClose CommentsPermalink





‘(i) agree to meet such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund will be used in accordance with this subsection; CommentsClose CommentsPermalink





‘(ii) certify in such form and in such manner as the Secretary of the Treasury determines necessary that the project or program for which the Gulf Coast State or coastal political subdivision is requesting amounts-- CommentsClose CommentsPermalink





‘(I) is designed to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast; CommentsClose CommentsPermalink





‘(II) carries out 1 or more of the activities described in subparagraph (B)(i); CommentsClose CommentsPermalink





‘(III) was selected based on meaningful input from the public, including broad-based participation from individuals, businesses, and nonprofit organizations; and CommentsClose CommentsPermalink





‘(IV) in the case of a natural resource protection or restoration project, is based on the best available science; CommentsClose CommentsPermalink





‘(iii) certify that the project or program and the awarding of a contract for the expenditure of amounts received under this subsection are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, including all applicable competitive bidding and audit requirements; and CommentsClose CommentsPermalink





‘(iv) develop and submit a multiyear implementation plan for use of those funds. CommentsClose CommentsPermalink





‘(E) APPROVAL BY STATE ENTITY, TASK FORCE, OR AGENCY- The following Gulf Coast State entities, task forces, or agencies shall carry out the duties of a Gulf Coast State pursuant to this paragraph: CommentsClose CommentsPermalink





‘(i) ALABAMA- CommentsClose CommentsPermalink





‘(I) IN GENERAL- In the State of Alabama, the Alabama Gulf Coast Recovery Council, which shall be comprised of only the following: CommentsClose CommentsPermalink

‘(aa) The Governor of Alabama, who shall also serve as Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council. CommentsClose CommentsPermalink

‘(bb) The Director of the Alabama State Port Authority, who shall also serve as Vice Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council in the absence of the Chairperson. CommentsClose CommentsPermalink

‘(cc) The Chairman of the Baldwin County Commission. CommentsClose CommentsPermalink

‘(dd) The President of the Mobile County Commission. CommentsClose CommentsPermalink

‘(ee) The Mayor of the city of Bayou La Batre. CommentsClose CommentsPermalink

‘(ff) The Mayor of the town of Dauphin Island. CommentsClose CommentsPermalink

‘(gg) The Mayor of the city of Fairhope. CommentsClose CommentsPermalink

‘(hh) The Mayor of the city of Gulf Shores. CommentsClose CommentsPermalink

‘(ii) The Mayor of the city of Mobile. CommentsClose CommentsPermalink

‘(jj) The Mayor of the city of Orange Beach. CommentsClose CommentsPermalink

‘(II) VOTE- Each member of the Alabama Gulf Coast Recovery Council shall be entitled to 1 vote. CommentsClose CommentsPermalink





‘(III) MAJORITY VOTE- All decisions of the Alabama Gulf Coast Recovery Council shall be made by majority vote. CommentsClose CommentsPermalink





‘(ii) LOUISIANA- In the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana. CommentsClose CommentsPermalink





‘(iii) MISSISSIPPI- In the State of Mississippi, the Mississippi Department of Environmental Quality. CommentsClose CommentsPermalink





‘(F) COMPLIANCE WITH ELIGIBLE ACTIVITIES- If the Secretary of the Treasury determines that an expenditure by a Gulf Coast State or coastal political subdivision of amounts made available under this subsection does not meet 1 of the activities described in subparagraph (B)(i), the Secretary shall make no additional amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until such time as an amount equal to the amount expended for the unauthorized use-- CommentsClose CommentsPermalink





‘(i) has been deposited by the Gulf Coast State or coastal political subdivision in the Trust Fund; or CommentsClose CommentsPermalink





‘(ii) has been authorized by the Secretary of the Treasury for expenditure by the Gulf Coast State or coastal political subdivision for a project or program that meets the requirements of this subsection. CommentsClose CommentsPermalink





‘(G) COMPLIANCE WITH CONDITIONS- If the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this subsection, including the conditions of subparagraph (D), where applicable, the Secretary of the Treasury shall make no amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until all conditions of this subsection are met. CommentsClose CommentsPermalink





‘(H) PUBLIC INPUT- In meeting any condition of this subsection, a Gulf Coast State may use an appropriate procedure for public consultation in that Gulf Coast State, including consulting with 1 or more established task forces or other entities, to develop recommendations for proposed projects and programs that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. CommentsClose CommentsPermalink





‘(I) PREVIOUSLY APPROVED PROJECTS AND PROGRAMS- A Gulf Coast State or coastal political subdivision shall be considered to have met the conditions of subparagraph (D) for a specific project or program if, before the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011-- CommentsClose CommentsPermalink





‘(i) the Gulf Coast State or coastal political subdivision has established conditions for carrying out projects and programs that are substantively the same as the conditions described in subparagraph (D); and CommentsClose CommentsPermalink





‘(ii) the applicable project or program carries out 1 or more of the activities described in subparagraph (B)(ii). CommentsClose CommentsPermalink





‘(J) CONSULTATION WITH COUNCIL- In carrying out this subsection, each Gulf Coast State shall seek the input of the Chairperson of the Council to identify large-scale projects that may be jointly supported by that Gulf Coast State and by the Council pursuant to the Comprehensive Plan with amounts provided under this subsection. CommentsClose CommentsPermalink





‘(K) NON-FEDERAL MATCHING FUNDS- CommentsClose CommentsPermalink





‘(i) IN GENERAL- A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State from the Trust Fund to satisfy the non-Federal share of the cost of any project or program authorized by Federal law that meets the eligible use requirements under subparagraph (B)(i). CommentsClose CommentsPermalink





‘(ii) EFFECT ON OTHER FUNDS- The use of funds made available from the Trust Fund to satisfy the non-Federal share of the cost of a project or program that meets the requirements of clause (i) shall not affect the priority in which other Federal funds are allocated or awarded. CommentsClose CommentsPermalink





‘(L) LOCAL PREFERENCE- In awarding contracts to carry out a project or program under this subsection, a Gulf Coast State or coastal political subdivision may give a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in, a Gulf Coast State. CommentsClose CommentsPermalink





‘(M) UNUSED FUNDS- Any Funds not identified in an implementation plan by a State or coastal political subdivision in accordance with subparagraph (D)(iv) shall remain in the Trust Fund until such time as the State or coastal political subdivision to which the funds have been allocated develops and submits a plan identifying uses for those funds in accordance with subparagraph (D)(iv). CommentsClose CommentsPermalink





‘(N) JUDICIAL REVIEW- If the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this subsection, including the conditions of subparagraph (D), the Gulf Coast State or coastal political subdivision may obtain expedited judicial review within 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking such review. CommentsClose CommentsPermalink





‘(2) COUNCIL ESTABLISHMENT AND ALLOCATION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Of the total amount made available in any fiscal year from the Trust Fund, 60 percent shall be disbursed to the Council to carry out the Comprehensive Plan. CommentsClose CommentsPermalink





‘(B) COUNCIL EXPENDITURES- CommentsClose CommentsPermalink





‘(i) IN GENERAL- In accordance with this paragraph, the Council shall select, and the Council shall undertake,expend funds made available from the Trust Fund to undertake projects and programs that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. CommentsClose CommentsPermalink





‘(ii) ALLOCATION AND EXPENDITURE PROCEDURES- The Secretary of the Treasury shall develop such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund to the Council to implement the Comprehensive Plan will be used in accordance with this paragraph. CommentsClose CommentsPermalink





‘(iii) ADMINISTRATIVE EXPENSES- Of the amounts received by the Council under this subsection, not more than 3 percent may be used for administrative expenses, including staff. CommentsClose CommentsPermalink





‘(C) GULF COAST ECOSYSTEM RESTORATION COUNCIL- CommentsClose CommentsPermalink





‘(i) ESTABLISHMENT- There is established as an independent entity in the Federal Government a council to be known as the ‘Gulf Coast Ecosystem Restoration Council’. CommentsClose CommentsPermalink





‘(ii) MEMBERSHIP- The Council shall consist of the following members, or in the case of a Federal agency, a designee at the level of the Assistant Secretary or the equivalent: CommentsClose CommentsPermalink





‘(I) The Chair of the Council on Environmental Quality. CommentsClose CommentsPermalink





‘(II) The Secretary of the Interior. CommentsClose CommentsPermalink





‘(III) The Secretary of the Army. CommentsClose CommentsPermalink





‘(IV) The Secretary of Commerce. CommentsClose CommentsPermalink





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





‘(VI) The Secretary of Agriculture. CommentsClose CommentsPermalink





‘(VII) The head of the department in which the Coast Guard is operating. CommentsClose CommentsPermalink





‘(VIII) The Governor of the State of Alabama. CommentsClose CommentsPermalink





‘(IX) The Governor of the State of Florida. CommentsClose CommentsPermalink





‘(X) The Governor of the State of Louisiana. CommentsClose CommentsPermalink





‘(XI) The Governor of the State of Mississippi. CommentsClose CommentsPermalink





‘(XII) The Governor of the State of Texas. CommentsClose CommentsPermalink





‘(iii) ALTERNATE- A Governor appointed to the Council by the President may designate an alternate to represent the Governor on the Council and vote on behalf of the Governor. CommentsClose CommentsPermalink





‘(iv) CHAIRPERSON- From among the Federal agency members of the Council, the representatives of States on the Council shall select, and the President shall appoint, 1 Federal member to serve as Chairperson of the Council. CommentsClose CommentsPermalink





‘(v) PRESIDENTIAL APPOINTMENT- All Council members shall be appointed by the President. CommentsClose CommentsPermalink





‘(vi) COUNCIL ACTIONS- CommentsClose CommentsPermalink





‘(I) IN GENERAL- Subject to subclause (IV), significant actions by the Council shall require the affirmative vote of the Federal Chairperson and a majority of the State members to be effective. CommentsClose CommentsPermalink





‘(II) INCLUSIONS- Significant actions include but are not limited to-- CommentsClose CommentsPermalink

‘(aa) approval of a Comprehensive Plan and future revisions to a Comprehensive Plan; CommentsClose CommentsPermalink

‘(bb) approval of State plans pursuant to paragraph (3)(B)(iiiv); and CommentsClose CommentsPermalink

‘(cc) approval of reports to Congress pursuant to clause (vii)(X). CommentsClose CommentsPermalink

‘(III) QUORUM- A quorum of State members shall be required to be present for the Council to take any significant action. CommentsClose CommentsPermalink





‘(IV) AFFIRMATIVE VOTE REQUIREMENT DEEMED MET- For approval of State plans pursuant to paragraph (3)(B)(iv), the certification by a State member of the Council that the plan satisfies all requirements of clauses (i) and (ii) of paragraphs (3)(B), when joined by an affirmative vote of the Federal Chairperson of the Council, is deemed to satisfy the requirements for affirmative votes under subclause (I). CommentsClose CommentsPermalink





‘(V) PUBLIC TRANSPARENCY- Appropriate actions of the Council, including votes on significant actions and associated deliberations, shall be made available to the public. CommentsClose CommentsPermalink





‘(vii) DUTIES OF COUNCIL- The Council shall-- CommentsClose CommentsPermalink





‘(I) develop the Comprehensive Plan, and future revisions to the Comprehensive Plan; CommentsClose CommentsPermalink





‘(II) identify as soon as practicable the projects that-- CommentsClose CommentsPermalink

‘(aa) have been authorized prior to the date of enactment of this subsection but not yet commenced; and CommentsClose CommentsPermalink

‘(bb) if implemented quickly, would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and coastal wetlands of the Gulf Coast ecosystem; CommentsClose CommentsPermalink

‘(III) coordinate the development of consistent policies, strategies, plans, and activities by Federal agencies, State and local governments, and private sector entities for addressing the restoration and protection of the Gulf Coast ecosystem; CommentsClose CommentsPermalink





‘(IV) establish such other advisory committee or committees as may be necessary to assist the Council, including to address public policy anda scientific advisory committee and a committee to advise the Council on public policy issues; CommentsClose CommentsPermalink





‘(V) coordinate scientific and other research associated with restoration of the Gulf Coast ecosystem;‘(VI), including research, observation, and monitoring carried out pursuant to section 5 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011; CommentsClose CommentsPermalink





‘(VI) seek to ensure that all policies, strategies, plans, and activities for addressing the restoration of the Gulf Coast ecosystem are based on the best available physical, ecological, and economic data; CommentsClose CommentsPermalink





‘(VII) make recommendations to address the particular needs of especially economically and socially vulnerable populations; CommentsClose CommentsPermalink





‘(VIII) develop standard terms to include in contracts for projects and programs awarded pursuant to the Comprehensive Plan that provide a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in, a Gulf Coast State; CommentsClose CommentsPermalink





‘(IX) prepare an integrated financial plan and recommendations for coordinated budget requests for the amounts proposed to be expended by the Federal agencies represented on the Council for projects and programs in the Gulf Coast States; CommentsClose CommentsPermalink





and‘(X) submit‘(X) submit to Congress an annual report to Congress that-- CommentsClose CommentsPermalink

‘(aa) summarizes the policies, strategies, plans, and activities for addressing the restoration and protection of the Gulf Coast ecosystem; CommentsClose CommentsPermalink

‘(bb) describes the projects and programs being implemented to restore and protect the Gulf Coast ecosystem; and CommentsClose CommentsPermalink

‘(cc) makes such recommendations to Congress for modifications of existing laws as the Council determines necessary to implement the Comprehensive Plan; and CommentsClose CommentsPermalink

‘(XI) submit to Congress a final report on the date on which all funds made available to the Council are expended. CommentsClose CommentsPermalink





‘(viii) APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT- The Council, or any other advisory committee established under this subsection, shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). CommentsClose CommentsPermalink





‘(D) COMPREHENSIVE PLAN- CommentsClose CommentsPermalink





‘(i) PROPOSED PLAN- CommentsClose CommentsPermalink





‘(I) IN GENERAL- Not later than 180 days after the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011, the Chairperson, on behalf of the Council, shall publish a proposed plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. CommentsClose CommentsPermalink





‘(II) CONTENTS- The proposed plan described in subclause (I) shall include and incorporate the findings and information prepared by the President’s Gulf Coast Restoration Task Force. CommentsClose CommentsPermalink





‘(ii) PUBLICATION- CommentsClose CommentsPermalink





‘(I) INITIAL PLAN- Not later than 1 year after date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011 and after notice and opportunity for public comment, the Chairperson, on behalf of the Council and after approval by the Council, shall publish in the Federal Register the initial Comprehensive Plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. CommentsClose CommentsPermalink





‘(II) COOPERATION WITH GULF COAST RESTORATION TASK FORCE- The Council shall develop the initial Comprehensive Plan in close coordination with the President’s Gulf Coast Restoration Task Force. CommentsClose CommentsPermalink





‘(III) CONSIDERATIONS- In developing the initial Comprehensive Plan, the Council shall and subsequent updates, the Council shall consider all relevant findings or reports submitt, reports, or research prepared or funded by a center of excellence participating inor the Gulf Fisheries and Ecosystem Endowment established pursuant to the Gulf Coast Ecosystem Restoration Science, Monitoring, and Technology Program established pursuant to section 5(c)under section 5 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011. CommentsClose CommentsPermalink





‘(IV) CONTENTS- The initial Comprehensive Plan shall include-- CommentsClose CommentsPermalink

‘(aa) such provisions as are necessary to fully incorporate in the Comprehensive Plan the strategy, projects, and programs recommended by the President’s Gulf Coast Restoration Task Force; CommentsClose CommentsPermalink

‘(bb) a list of any project or program authorized prior to the date of enactment of this subsection but not yet commenced, the completion of which would further the purposes and goals of this subsection and of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011; CommentsClose CommentsPermalink

‘(cc) a description of the manner in which amounts from the Trust Fund projected to be made available to the Council for the succeeding 10 years will be allocated; and CommentsClose CommentsPermalink

‘(dd) subject to available funding in accordance with clause (iii), a prioritized list of specific projects and programs to be funded and carried out during the 3-year period immediately following the date of publication of the initial Comprehensive Plan, including a table that illustrates the distribution of projects and programs by Gulf Coast State. CommentsClose CommentsPermalink

‘(V) PLAN UPDATES- The Council shall update-- CommentsClose CommentsPermalink

‘(aa) the Comprehensive Plan every 5 years in a manner comparable to the manner established in this subsection for each 5-year period for which amounts are expected to be made available to the Gulf Coast States from the Trust Fund; and CommentsClose CommentsPermalink

‘(bb) the 3-year list of projects and programs described in subclause (IV)(dd) annually. CommentsClose CommentsPermalink

‘(iii) RESTORATION PRIORITIES- Except for projects and programs described in subclause (IV)(bb), in selecting projects and programs to include on the 3-year list described in subclause (IV)(dd), based on the best available science, the Council shall give highest priority to projects that address 1 or more of the following criteria: CommentsClose CommentsPermalink





‘(I) Projects that are projected to make the greatest contribution to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem, without regard to geographic location. CommentsClose CommentsPermalink





‘(II) Large-scale projects and programs that are projected to substantially contribute to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. CommentsClose CommentsPermalink





‘(III) Projects contained in existing Gulf Coast State comprehensive plans for the restoration and protection of natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. CommentsClose CommentsPermalink





‘(IV) Projects that restore long-term resiliency of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands most impacted by the Deepwater Horizon oil spill. CommentsClose CommentsPermalink





‘(E) IMPLEMENTATION- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Council, acting through the member agencies and Gulf Coast States, mayshall expend funds made available from the Trust Fund to carry out projects and programs adopted in the Comprehensive Plan. CommentsClose CommentsPermalink





‘(ii) ADMINISTRATIVE RESPONSIBILITY- CommentsClose CommentsPermalink





‘(I) IN GENERAL- Primary authority and responsibility for each project and program included in the Comprehensive Plan shall be assigned by the Council to a Gulf Coast State represented on the Council or a Federal agency. CommentsClose CommentsPermalink





‘(II) TRANSFER OF AMOUNTS- Amounts necessary to carry out each project or program included in the Comprehensive Plan shall be transferred by the Secretary of the Treasury from the Trust Fund to that Federal agency or Gulf Coast State as the project or program is implemented, subject to such conditions as the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, established pursuant to section 3 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011. CommentsClose CommentsPermalink





‘(iii) COST SHARING- CommentsClose CommentsPermalink





‘(I) IN GENERAL- A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State or coastal political subdivision from the Trust Fund to satisfy the non-Federal share of the cost of carrying a project or program that-- CommentsClose CommentsPermalink

‘(aa) is authorized by other Federal law; and CommentsClose CommentsPermalink

‘(bb) meets the criteria of this paragraph.‘(II)subparagraph (D). CommentsClose CommentsPermalink

‘(II) INCLUSION IN COMPREHENSIVE PLAN- A project or program described in subclause (I) that meets the criteria for inclusion in the Comprehensive Plan described in subparagraph (D) shall be selected and adopted by the Council as part of the Comprehensive Plan in the manner described in this paragraph.‘(F) subparagraph (D). CommentsClose CommentsPermalink





‘(F) COORDINATION- The Council and the Federal members of the Council may develop Memorandums of Understanding establishing integrated funding and implementation plans among the member agencies and authorities. CommentsClose CommentsPermalink





‘(G) TERMINATION- The Council shall terminate on the date on which the report described in subparagraph (C)(vii)(XI) is submitted to Congress. CommentsClose CommentsPermalink





‘(3) OIL SPILL RESTORATION IMPACT ALLOCATION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in paragraph (4), of the total amount made available to the Council under paragraph (2) in any fiscal year from the Trust Fund, 50 percent shall be disbursed by the Council as follows: CommentsClose CommentsPermalink





‘(i) FORMULA- Subject to subparagraph (B), for each Gulf Coast State, the amount disbursed under this paragraph shall be based on a formula established by the Council by regulation that is based on a weighted average of the following criteria: CommentsClose CommentsPermalink





‘(I) Forty40 percent based on the proportionate number of miles of shoreline in each Gulf Coast State that experienced oiling as of April 10, 2011, compared to the total number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill. CommentsClose CommentsPermalink





‘(II) Forty40 percent based on the inverse proportion of the average distance from the Deepwater Horizon oil rig to the nearest and farthest point of the shoreline that experienced oiling of each Gulf Coast State. CommentsClose CommentsPermalink





‘(III) Twenty20 percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State. CommentsClose CommentsPermalink





‘(ii) MINIMUM ALLOCATION- The amount disbursed to a Gulf Coast State for each fiscal year under clause (i) shall be at least 5 percent of the total amounts made available under this paragraph. CommentsClose CommentsPermalink





‘(B) APPROVAL OF PROJECTS AND PROGRAMS- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Council shall disburse amounts to the respective Gulf Coast States in accordance with the formula developed under subparagraph (A) for projects, programs, and activities that will improve the ecosystems or economy of the Gulf Coast, subject to the condition that each Gulf Coast State submits a plan for the expenditure of amounts disbursed under this paragraph which meet the following criteria: CommentsClose CommentsPermalink





‘(I) All projects, programs, and activities included in that plan are eligible activities pursuant to paragraph (1)(B)(i). CommentsClose CommentsPermalink





‘(II) The projects, programs, and activities included in that plan contribute to the overall economic and ecological recovery of the Gulf Coast. CommentsClose CommentsPermalink





‘(III) The plan takes into consideration the Comprehensive Plan and is consistent with its goals and objectives, as described in paragraph (2)(B)(i). CommentsClose CommentsPermalink





‘(ii) FUNDING- CommentsClose CommentsPermalink





‘(I) IN GENERAL- Except as provided in subclause (II), the plan described in clause (i) may use not more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (X) and (XI) of paragraph (1)(B)(i). CommentsClose CommentsPermalink





‘(II) EXCEPTION- The plan described in clause (i) may propose to use more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (X) and (XI) of paragraph (1)(B)(i) if the plan certifies that-- CommentsClose CommentsPermalink

‘(aa) ecosystem restoration needs in the State will be addressed by the projects in the proposed plan; and CommentsClose CommentsPermalink

‘(bb) additional investment in infrastructure is required to mitigate the impacts of the Deepwater Horizon Oil Spill to the ecosystem or economy. CommentsClose CommentsPermalink

‘(iii) DEVELOPMENT- The plan described in clause (i) shall be developed by-- CommentsClose CommentsPermalink





‘(I) in the State of Alabama, the Alabama Gulf Coast Recovery Council established under paragraph (1)(E)(i); CommentsClose CommentsPermalink





‘(II) in the State of Florida, the State or a consortia of local political subdivisions that includes at least 1 representative of each disproportionally affected county; CommentsClose CommentsPermalink





‘(III) in the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana; CommentsClose CommentsPermalink





and‘(IV) in the s ‘(IV) in the State of Mississippi, the Office of the Governor or an appointee of the Office of the Governor; and CommentsClose CommentsPermalink





‘(V) in the State of Texas, the Office of the Governor or an appointee of the Office of the Governor. CommentsClose CommentsPermalink





‘(iv) APPROVAL- Not later than 60 days after the date on which a plan is submitted under clause (i), the Council shall approve or disapprove the plan based on the conditions of clause (i). CommentsClose CommentsPermalink





‘(C) DISAPPROVAL- If the Council disapproves a plan pursuant to subparagraph (B)(iv), the Council shall-- CommentsClose CommentsPermalink





‘(i) provide the reasons for disapproval in writing; and CommentsClose CommentsPermalink





‘(ii) consult with the State to address any identified deficiencies with the State plan. CommentsClose CommentsPermalink





‘(D) FAILURE TO SUBMIT ADEQUATE PLAN- If a State fails to submit an adequate plan under this subsection, any funds made available under this subsection shall remain in the Trust Fund until such date as a plan is submitted and approved pursuant to this subsection. CommentsClose CommentsPermalink





‘(E) JUDICIAL REVIEW- If the Council fails to approve or take action within 60 days on a plan described in subparagraph (B)(iv), the State may obtain expedited judicial review within 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking such review. CommentsClose CommentsPermalink





‘(4) AUTHORIZATION OF INTEREST TRANSFERS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Of the total amount made available in any fiscal year from the Trust Fund, an amount equal to 50 percent of the interest earned by the Trust Fund and proceeds from investments made by the Trust Fund forin the preceding fiscal year-- CommentsClose CommentsPermalink





‘(i) 50 percent shall be transferred to the National Endowment for Oceans in subparagraph (B); and CommentsClose CommentsPermalink





‘(ii) 50 percent shall be transferred to the Gulf of Mexico Research Endowment established by subparagraph (B).‘(Bin subparagraph (C). CommentsClose CommentsPermalink





‘(B) NATIONAL ENDOWMENT FOR THE OCEANS- CommentsClose CommentsPermalink





‘(i) ESTABLISHMENT- CommentsClose CommentsPermalink





‘(I) IN GENERAL- There is established in the Treasury of the United States a trust fund to be known as the ‘National Endowment for the Oceans’, consisting of such amounts as may be appropriated or credited to the National Endowment for the Oceans. CommentsClose CommentsPermalink





‘(II) INVESTMENT- Amounts in the National Endowment for the Oceans shall be invested in accordance with section 9602 of the Internal Revenue Code of 1986, and any interest on, and proceeds from, any such investment shall be available for expenditure in accordance with this subparagraph. CommentsClose CommentsPermalink





‘(ii) TRUSTEE- The trustee for the National Endowment for the Oceans shall be the Secretary of Commerce. CommentsClose CommentsPermalink





‘(iii) ALLOCATION OF FUNDS- CommentsClose CommentsPermalink





‘(I) IN GENERAL- Each fiscal year, the Secretary shall allocate, at a minimum, an amount equal to the interest earned by the National Endowment for the Oceans in the preceding fiscal year, and may distribute an amount equal to up to 10 percent of the total amounts in the National Endowment for the Oceans-- CommentsClose CommentsPermalink

‘(aa) to allocate funding to coastal states (as defined in section 304 of the Marine Resources and Engineering Development Act of 1966 (16 U.S.C. 1453)) and affected Indian tribes; CommentsClose CommentsPermalink

‘(bb) to make grants to regional ocean and coastal planning bodies; and CommentsClose CommentsPermalink

‘(cc) to develop and implement a National Grant Program for Oceans and Coastal Waters. CommentsClose CommentsPermalink

‘(II) PROGRAM ADJUSTMENTS- Each fiscal year where the amount described in subparagraph (A)(i) does not exceed $100,000,000, the Secretary may elect to fund only the grant program established in subclause (I)(cc). CommentsClose CommentsPermalink





‘(iv) ELIGIBLE ACTIVITIES- Funds deposited in the National Endowment for the Oceans may be allocated by the Secretary only to fund grants for programs and activities intended to restore, protect, maintain, or understand living marine resources and their habitats and resources in ocean and coastal waters (as defined in section 304 of the Marine Resources and Engineering Development Act of 1966 (16 U.S.C. 1453)), including baseline scientific research, ocean observing, and other programs and activities carried out in coordination with Federal and State departments or agencies, that are consistent with Federal environmental laws and that avoid environmental degradation. CommentsClose CommentsPermalink





‘(v) APPLICATION- To be eligible to receive a grant under clause (iii)(I), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. CommentsClose CommentsPermalink





‘(vi) FUNDING FOR COASTAL STATES- The Secretary shall allocate funding among States as follows: CommentsClose CommentsPermalink





‘(I) 50 percent of the funds shall be allocated equally among coastal States. CommentsClose CommentsPermalink





‘(II) 25 percent of the funds shall be allocated based on tidal shoreline miles. CommentsClose CommentsPermalink





‘(III) 25 percent of the funds shall be allocated based on the coastal population density of a coastal State. CommentsClose CommentsPermalink





‘(IV) No State shall be allocated more than 10 percent of the total amount of funds available for allocation among coastal States for any fiscal year. CommentsClose CommentsPermalink





‘(V) No territory shall be allocated more than 1 percent of the total amount of funds available for allocation among coastal States for any fiscal year. CommentsClose CommentsPermalink





‘(C) GULF OF MEXICO RESEARCH ENDOWMENT- CommentsClose CommentsPermalink





‘(i) IN GENERAL- There is established in the Treasury of the United States a trust fund to be known as the ‘Gulf of Mexico Research Endowment’, to be administered by the Secretary of Commerce, solely for use in providing long-term funding in accordance with section 5 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011. CommentsClose CommentsPermalink





‘(ii) INVESTMENT- Amounts in the Gulf of Mexico Research Endowment shall be invested in accordance with section 9602 of the Internal Revenue Code of 1986, and, after adjustment for inflation so as to maintain the value of the principal, any interest on, and proceeds from, any such investment shall be available for expenditure and shall be allocated in equal portions to the Gulf Coast Ecosystem Restoration Science, Monitoring, and Technology Program and Fisheries Endowment established in section 5 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011.’. CommentsClose CommentsPermalink

SEC. 5. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSERVATION, MONITORING, AND TECHNOLOGY PROGRAM.

(a) Definitions- In this section: CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the National Oceanic and Atmospheric Administration. CommentsClose CommentsPermalink





(2) FISHERIES AND ECOSYSTEM ENDOWMENT- The term ‘Fisheries and Ecosystem Endowment’ means the endowment established by subsection (d). CommentsClose CommentsPermalink





(3) PROGRAM- The term ‘Program’ means the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program established by subsection (b). CommentsClose CommentsPermalink





(b) Establishment of Program- There is established within the National Oceanic and Atmospheric Administration a program to be known as the ‘Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program’, to be carried out by the Administrator. CommentsClose CommentsPermalink





(c) Centers of Excellence- CommentsClose CommentsPermalink





(1) IN GENERAL- In carrying out the Program, the Administrator, in consultation with other Federal agencies with expertise in the discipline of a center of excellence, shall make grants in accordance with paragraph (2) to establish and operate 5 centers of excellence, 1 of which shall be located in each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. CommentsClose CommentsPermalink





(2) GRANTS- CommentsClose CommentsPermalink





(A) IN GENERAL- The Administrator shall use the amounts made available to carry out this section to award competitive grants to nongovernmental entities and consortia in the Gulf Coast region (including public and private institutions of higher education) for the establishment of centers of excellence as described in paragraph (1). CommentsClose CommentsPermalink





(B) APPLICATION- To be eligible to receive a grant under this paragraph, an entity or consortium described in subparagraph (A) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate. CommentsClose CommentsPermalink





(C) PRIORITY- In awarding grants under this paragraph, the Administrator shall give priority to entities and consortia that demonstrate the ability to establish the broadest cross-section of participants with interest and expertise in any discipline described in paragraph (3) on which the proposed curriculumal of the center of excellence will be focused. CommentsClose CommentsPermalink





(3) DISCIPLINES- Each center of excellence shall focus the curriculum of the center on science, technology, and monitoring in at least 1 of the following disciplines: CommentsClose CommentsPermalink





(A) Coastal and deltaic sustainability, restoration and protection; including solutions and technology that allow citizens to live safely and sustainably in a coastal delta. CommentsClose CommentsPermalink





(B) Coastal fisheries and wildlife ecosystem research and monitoring. CommentsClose CommentsPermalink





(C) Offshore energy development, including research and technology to improve the sustainable and safe development of energy resources. CommentsClose CommentsPermalink





(D) Sustainable and resilient growth, economic and commercial development in the Gulf Coast. CommentsClose CommentsPermalink





(E) Comprehensive observation, monitoring, and mapping of the Gulf of Mexico. CommentsClose CommentsPermalink





(4) COORDINATION WITH OTHER PROGRAMS- The Administrator shall develop a plan for the coordination of projects and activities between the Program and other existing Federal and State science and technology programs in the States of Alabama, Florida, Louisiana, Mississippi, and Texas, as well as between the centers of excellence. CommentsClose CommentsPermalink





(d) Establishment of Fisheries and Ecosystem Endowment- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Council shall establish a fishery and ecosystem endowment to ensure, to the maximum extent practicable, the long-term sustainability of the ecosystem, fish stocks, fish habitat and the recreational, commercial, and charter fishing industry in the Gulf of Mexico. CommentsClose CommentsPermalink





(2) EXPENDITURE OF FUNDS- For each fiscal year, amounts made available to carry out this subsection may be expended for, with respect to the Gulf of Mexico-- CommentsClose CommentsPermalink





(A) marine and estuarine research; CommentsClose CommentsPermalink





(B) marine and estuarine ecosystem monitoring and ocean observation; CommentsClose CommentsPermalink





(C) data collection and stock assessments; CommentsClose CommentsPermalink





(D) pilot programs for-- CommentsClose CommentsPermalink





(i) fishery independent data; and CommentsClose CommentsPermalink





(ii) reduction of exploitation of spawning aggregations; and CommentsClose CommentsPermalink





(E) cooperative research. CommentsClose CommentsPermalink





(3) ADMINISTRATION AND IMPLEMENTATION- The Fisheries and Ecosystem Endowment shall be administered by the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Director of the United States Fish and Wildlife Service, with guidance provided by the Regional Gulf of Mexico Fishery Management Council. CommentsClose CommentsPermalink





(4) SPECIES INCLUDED- The Fisheries and Ecosystem Endowment will include all marine, estuarine, aquaculture, and fish and wildlife species in State and Federal waters of the Gulf of Mexico. CommentsClose CommentsPermalink





(5) RESEARCH PRIORITIES- In distributing funding under this subsection, priority shall be given to integrated, long-term projects that-- CommentsClose CommentsPermalink





(A) build on, or are coordinated with, related research activities; and CommentsClose CommentsPermalink





(B) address current or anticipated marine ecosystem, fishery, or wildlife management information needs. CommentsClose CommentsPermalink





(6) DUPLICATION AND COORDINATION- In carrying out this subsection, the Administrator shall seek to avoid duplication of other research and monitoring activities and coordinate with existing research and monitoring activitiesprograms, including the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.). CommentsClose CommentsPermalink





(e) Funding- CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in subsection (t)(4) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), of the total amount made available for each fiscal year for the Gulf Coast Restoration Trust Fund established under section 3, 5 percent shall be allocated in equal portions to the Program and Fisheries and Ecosystem Endowment established by this section. CommentsClose CommentsPermalink





(2) ADMINISTRATIVE EXPENSES- Of the amounts received by the National Oceanic and Atmospheric Administration to carry out this section, not more than 3 percent may be used for administrative expenses. CommentsClose CommentsPermalink

SEC. 6. EFFECT.

(a) In General- Nothing in this Act or any amendment made by this Act-- CommentsClose CommentsPermalink





(1) supersedes or otherwise affects any provision of Federal law, including, in particular, laws providing recovery for injury to natural resources under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection of public health and the environment; or CommentsClose CommentsPermalink





(2) applies to any fine collected under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for any incident other than the Deepwater Horizon oil spill. CommentsClose CommentsPermalink





(b) Use of Funds- Funds made available under this Act may be used only for eligible activities specifically authorized by this Act. CommentsClose CommentsPermalink

Calendar No. 254CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1400CommentsClose CommentsPermalink

[Report No. 112-100]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of Gulf Coast States, to create jobs and revive the economic health of communities adversely affected by the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, and for other purposes.CommentsClose CommentsPermalink

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December 8, 2011CommentsClose CommentsPermalink

Reported with an amendmentCommentsClose CommentsPermalink