[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3792 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3792

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2010

  Mr. Vitter introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast Restoration Act''.

SEC. 2. GULF COAST ECOSYSTEM RESTORATION.

    (a) Definitions.--In this section:
            (1) Chair.--The term ``Chair'' means the Chair of the Task 
        Force appointed under subsection (d)(3).
            (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.
            (3) Fund.--The term ``Fund'' means the Gulf Coast Ecosystem 
        Restoration Fund established by subsection (b)(2)(A).
            (4) Governors.--The term ``Governors'' means the Governors 
        of each of the States of Alabama, Florida, Louisiana, and 
        Mississippi.
            (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.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Qualifying state.--The term ``qualifying State'' means 
        each of the States of Alabama, Florida, Louisiana, and 
        Mississippi.
            (8) Task force.--The term ``Task Force'' means the Gulf 
        Coast Ecosystem Restoration Task Force established by 
        subsection (d).
    (b) Gulf Coast Ecosystem Restoration.--
            (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.
            (2) Gulf coast ecosystem restoration fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                ``Gulf Coast Ecosystem Restoration Fund''.
                    (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.
                    (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.
            (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.
            (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:
                    (A) Projects and activities for the conservation, 
                protection, or restoration of coastal areas, including 
                wetlands.
                    (B) Mitigation of damage to fish, wildlife, or 
                natural resources.
                    (C) Planning assistance and the administrative 
                costs of complying with this section.
                    (D) Implementation of a federally approved marine, 
                coastal, or comprehensive conservation management plan.
    (c) State Coastal Ecosystem Restoration Plan.--
            (1) Submission of state plans.--
                    (A) In general.--Not later than July 1, 2011, the 
                Governor of a qualifying State shall submit to the 
                Chair a State Coastal Ecosystem Restoration Plan.
                    (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.
            (2) Approval.--
                    (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.
                    (B) Required components.--The Chair shall approve a 
                plan submitted by a qualifying State under paragraph 
                (1) if--
                            (i) the Chair determines that the plan is 
                        consistent with the uses described in 
                        subsection (b); and
                            (ii) the plan contains--
                                    (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;
                                    (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; and
                                    (III) a certification by the 
                                Governor that ample opportunity has 
                                been provided for public participation 
                                in the development and revision of the 
                                plan.
            (3) Amendments.--Any amendment to a plan submitted under 
        paragraph (1) shall be--
                    (A) developed in accordance with this subsection; 
                and
                    (B) submitted to the Chair for approval or 
                disapproval under paragraph (4).
            (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.
    (d) Gulf Coast Ecosystem Restoration Task Force.--
            (1) Establishment.--There is established the Gulf Coast 
        Ecosystem Restoration Task Force.
            (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:
                    (A) The Secretary.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of the Army.
                    (D) The Attorney General.
                    (E) The Secretary of Homeland Security.
                    (F) The Administrator of the Environmental 
                Protection Agency.
                    (G) The Commandant of the Coast Guard.
                    (H) The Secretary of Transportation.
                    (I) The Secretary of Agriculture.
                    (J) A representative of each affected Indian tribe, 
                appointed by the Secretary based on the recommendations 
                of the tribal chairman.
                    (K) Two representatives of each of the States of 
                Alabama, Florida, Louisiana, and Mississippi, appointed 
                by the Governor of each State, respectively.
                    (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.
            (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.
            (4) Duties of the task force.--The Task Force shall--
                    (A) consult with, and provide recommendations to, 
                the Chair regarding the approval of State Coastal 
                Ecosystem Restoration Plans;
                    (B) coordinate scientific and other research 
                associated with restoration of the Gulf Coast 
                ecosystem; and
                    (C) submit an annual report to Congress that 
                summarizes the State Coastal Ecosystem Restoration 
                Plans submitted by the Governors and approved by the 
                Chair.
            (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.).
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