[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1400 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1400

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2011

   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 Works

_______________________________________________________________________

                                 A BILL


 
  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.

    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 ``Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Revived Economies of the 
Gulf Coast States Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (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 unit 
        Deepwater Horizon;
            (2) the discharge of oil in the Gulf of Mexico that began 
        following the explosion on, and sinking of, the mobile offshore 
        drilling unit Deepwater Horizon has caused substantial 
        environmental destruction and economic harm to the people and 
        communities of the Gulf Coast region;
            (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.'';
            (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
            (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'';
            (4) in a final report to the President, the National 
        Commission on the BP Deepwater Horizon Oil Spill and Offshore 
        Drilling--
                    (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
                    (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;
            (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 
        unit Deepwater Horizon should be expended--
                    (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
                    (B) to address the associated economic harm 
                suffered by the people and communities of the region;
            (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
            (7) Federal, State, and local officials should seek--
                    (A) to leverage the financial resources made 
                available under this Act; and
                    (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.

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.
    (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).
    (c) Expenditures.--Amounts in the Trust Fund, including interest 
earned on advances to the Trust Fund and proceeds from investment under 
subsection (d), shall--
            (1) be available for expenditure, without further 
        appropriation, solely for the purpose and eligible activities 
        of this Act; and
            (2) remain available until expended, without fiscal year 
        limitation.
    (d) Investment.--Amounts in the Trust Fund shall be invested in 
accordance with section 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.
    (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--
            (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;
            (2) auditing requirements to ensure that amounts in the 
        Trust Fund are expended as intended; and
            (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.

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--
            (1) in subsection (a)--
                    (A) in paragraph (25)(B), by striking ``and'' at 
                the end;
                    (B) in paragraph (26)(D), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(27) the term `Chairperson' means the Chairperson of the 
        Council;
            ``(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;
            ``(29) the term `Comprehensive Plan' means the 
        comprehensive plan developed by the Council pursuant to 
        subsection (t);
            ``(30) the term `Council' means the Gulf Coast Ecosystem 
        Restoration Council established pursuant to subsection (t);
            ``(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;
            ``(32) the term `Gulf Coast ecosystem' means--
                    ``(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)) that 
                border the Gulf of Mexico;
                    ``(B) any adjacent land, water, and watersheds, 
                that are within 25 miles of those coastal zones of the 
                Gulf Coast States; and
                    ``(C) all Federal waters in the Gulf of Mexico;
            ``(33) the term `Gulf Coast State' means any of the States 
        of Alabama, Florida, Louisiana, Mississippi, and Texas; and
            ``(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.'';
            (2) in subsection (s), by inserting ``except as provided in 
        subsection (t)'' before the period at the end; and
            (3) by adding at the end the following:
    ``(t) Gulf Coast Restoration and Recovery.--
            ``(1) State allocation and expenditures.--
                    ``(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.
                    ``(B) Use of funds.--
                            ``(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:
                                    ``(I) Coastal restoration projects 
                                and activities, including conservation 
                                and coastal land acquisition.
                                    ``(II) Mitigation of damage to, and 
                                restoration of, fish, wildlife, or 
                                natural resources.
                                    ``(III) Implementation of a 
                                federally approved marine, coastal, or 
                                comprehensive conservation management 
                                plan, including fisheries monitoring.
                                    ``(IV) Programs to promote tourism 
                                in a Gulf Coast State.
                                    ``(V) Programs to promote the 
                                consumption of seafood produced from 
                                the Gulf Coast ecosystem.
                                    ``(VI) Programs to promote 
                                education regarding the natural 
                                resources of the Gulf Coast ecosystem.
                                    ``(VII) Planning assistance.
                                    ``(VIII) Workforce development and 
                                job creation.
                                    ``(IX) Improvements to or upon 
                                State parks located in coastal areas 
                                affected by the Deepwater Horizon oil 
                                spill.
                                    ``(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.
                                    ``(XI) Coastal flood protection and 
                                infrastructure directly affected by 
                                coastal wetland losses, beach erosion, 
                                and the impacts of the Deepwater 
                                Horizon oil spill.
                                    ``(XII) Administrative costs of 
                                complying with this subsection.
                            ``(ii) Limitation.--
                                    ``(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).
                                    ``(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.
                    ``(C) Coastal political subdivisions.--
                            ``(i) In general.--In the case of a State 
                        where the coastal zone includes the entire 
                        State--
                                    ``(I) 75 percent of funding shall 
                                be provided to the 8 counties that were 
                                disproportionately impacted by the 
                                Deepwater Horizon Oil Spill; and
                                    ``(II) 25 percent shall be provided 
                                to nondisproportionately impacted 
                                counties within the State.
                            ``(ii) Louisiana.--Of the total amounts 
                        made available to the State of Louisiana under 
                        this paragraph:
                                    ``(I) Seventy percent shall be 
                                provided directly to the State in 
                                accordance with this subsection.
                                    ``(II) Thirty 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:
                                            ``(aa) Forty percent based 
                                        on the weighted average of 
                                        miles of the parish shoreline 
                                        oiled.
                                            ``(bb) Forty percent based 
                                        on the weighted average of the 
                                        population of the parish.
                                            ``(cc) Twenty percent based 
                                        on the weighted average of the 
                                        land mass of the parish.
                            ``(iii) Conditions.--
                                    ``(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.
                                    ``(II) Other conditions.--A coastal 
                                political subdivision receiving funding 
                                under this subsection shall meet all of 
                                the conditions in subparagraph (D).
                    ``(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--
                            ``(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;
                            ``(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--
                                    ``(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;
                                    ``(II) carries out 1 or more of the 
                                activities described in subparagraph 
                                (B)(i);
                                    ``(III) was selected based on 
                                meaningful input from the public, 
                                including broad-based participation 
                                from individuals, businesses, and 
                                nonprofit organizations; and
                                    ``(IV) in the case of a natural 
                                resource protection or restoration 
                                project, is based on the best available 
                                science;
                            ``(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
                            ``(iv) develop and submit a multiyear 
                        implementation plan for use of those funds.
                    ``(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:
                            ``(i) Alabama.--
                                    ``(I) In general.--In the State of 
                                Alabama, the Alabama Gulf Coast 
                                Recovery Council, which shall be 
                                comprised of only the following:
                                            ``(aa) The Governor of 
                                        Alabama, who shall also serve 
                                        as Chairperson and preside over 
                                        the meetings of the Alabama 
                                        Gulf Coast Recovery Council.
                                            ``(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.
                                            ``(cc) The Chairman of the 
                                        Baldwin County Commission.
                                            ``(dd) The President of the 
                                        Mobile County Commission.
                                            ``(ee) The Mayor of the 
                                        city of Bayou La Batre.
                                            ``(ff) The Mayor of the 
                                        town of Dauphin Island.
                                            ``(gg) The Mayor of the 
                                        city of Fairhope.
                                            ``(hh) The Mayor of the 
                                        city of Gulf Shores.
                                            ``(ii) The Mayor of the 
                                        city of Mobile.
                                            ``(jj) The Mayor of the 
                                        city of Orange Beach.
                                    ``(II) Vote.--Each member of the 
                                Alabama Gulf Coast Recovery Council 
                                shall be entitled to 1 vote.
                                    ``(III) Majority vote.--All 
                                decisions of the Alabama Gulf Coast 
                                Recovery Council shall be made by 
                                majority vote.
                            ``(ii) Louisiana.--In the State of 
                        Louisiana, the Coastal Protection and 
                        Restoration Authority of Louisiana.
                            ``(iii) Mississippi.--In the State of 
                        Mississippi, the Mississippi Department of 
                        Environmental Quality.
                    ``(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--
                            ``(i) has been deposited by the Gulf Coast 
                        State or coastal political subdivision in the 
                        Trust Fund; or
                            ``(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.
                    ``(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.
                    ``(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.
                    ``(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--
                            ``(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
                            ``(ii) the applicable project or program 
                        carries out 1 or more of the activities 
                        described in subparagraph (B)(ii).
                    ``(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.
                    ``(K) Non-federal matching funds.--
                            ``(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).
                            ``(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.
                    ``(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.
                    ``(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).
                    ``(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.
            ``(2) Council establishment and allocation.--
                    ``(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.
                    ``(B) Council expenditures.--
                            ``(i) In general.--In accordance with this 
                        paragraph, the Council shall select, and the 
                        Council shall 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.
                            ``(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.
                            ``(iii) Administrative expenses.--Of the 
                        amounts received by the Council under this 
                        subsection, not more than 3 percent may be used 
                        for administrative expenses.
                    ``(C) Gulf coast ecosystem restoration council.--
                            ``(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'.
                            ``(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:
                                    ``(I) The Chair of the Council on 
                                Environmental Quality.
                                    ``(II) The Secretary of the 
                                Interior.
                                    ``(III) The Secretary of the Army.
                                    ``(IV) The Secretary of Commerce.
                                    ``(V) The Administrator of the 
                                Environmental Protection Agency.
                                    ``(VI) The Secretary of 
                                Agriculture.
                                    ``(VII) The head of the department 
                                in which the Coast Guard is operating.
                                    ``(VIII) The Governor of the State 
                                of Alabama.
                                    ``(IX) The Governor of the State of 
                                Florida.
                                    ``(X) The Governor of the State of 
                                Louisiana.
                                    ``(XI) The Governor of the State of 
                                Mississippi.
                                    ``(XII) The Governor of the State 
                                of Texas.
                            ``(iii) Alternate.--A Governor appointed to 
                        the Council by the President may designate an 
                        alternate to represent the Governor on the 
                        Council.
                            ``(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.
                            ``(v) Presidential appointment.--All 
                        Council members shall be appointed by the 
                        President.
                            ``(vi) Council actions.--
                                    ``(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.
                                    ``(II) Inclusions.--Significant 
                                actions include but are not limited 
                                to--
                                            ``(aa) approval of a 
                                        Comprehensive Plan and future 
                                        revisions to a Comprehensive 
                                        Plan;
                                            ``(bb) approval of State 
                                        plans pursuant to paragraph 
                                        (3)(B)(iii); and
                                            ``(cc) approval of reports 
                                        to Congress pursuant to clause 
                                        (vii)(X).
                                    ``(III) Quorum.--A quorum of State 
                                members shall be required to be present 
                                for the Council to take any significant 
                                action.
                                    ``(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).
                                    ``(V) Public transparency.--
                                Appropriate actions of the Council, 
                                including votes on significant actions 
                                and associated deliberations, shall be 
                                made available to the public.
                            ``(vii) Duties of council.--The Council 
                        shall--
                                    ``(I) develop the Comprehensive 
                                Plan, and future revisions to the 
                                Comprehensive Plan;
                                    ``(II) identify as soon as 
                                practicable the projects that--
                                            ``(aa) have been authorized 
                                        prior to the date of enactment 
                                        of this subsection but not yet 
                                        commenced; and
                                            ``(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;
                                    ``(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;
                                    ``(IV) establish such other 
                                advisory committee or committees as may 
                                be necessary to assist the Council, 
                                including to address public policy and 
                                scientific issues;
                                    ``(V) coordinate scientific and 
                                other research associated with 
                                restoration of the Gulf Coast 
                                ecosystem;
                                    ``(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;
                                    ``(VII) make recommendations to 
                                address the particular needs of 
                                especially economically and socially 
                                vulnerable populations;
                                    ``(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;
                                    ``(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; and
                                    ``(X) submit an annual report to 
                                Congress that--
                                            ``(aa) summarizes the 
                                        policies, strategies, plans, 
                                        and activities for addressing 
                                        the restoration and protection 
                                        of the Gulf Coast ecosystem;
                                            ``(bb) describes the 
                                        projects and programs being 
                                        implemented to restore and 
                                        protect the Gulf Coast 
                                        ecosystem; and
                                            ``(cc) makes such 
                                        recommendations to Congress for 
                                        modifications of existing laws 
                                        as the Council determines 
                                        necessary to implement the 
                                        Comprehensive Plan.
                            ``(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.).
                    ``(D) Comprehensive plan.--
                            ``(i) Proposed plan.--
                                    ``(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.
                                    ``(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.
                            ``(ii) Publication.--
                                    ``(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.
                                    ``(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.
                                    ``(III) Considerations.--In 
                                developing the initial Comprehensive 
                                Plan, the Council shall consider all 
                                relevant findings or reports submitted 
                                by a center of excellence participating 
                                in the Gulf Coast Ecosystem Restoration 
                                Science, Monitoring, and Technology 
                                Program established pursuant to section 
                                5(c) of the Resources and Ecosystems 
                                Sustainability, Tourist Opportunities, 
                                and Revived Economies of the Gulf Coast 
                                States Act of 2011.
                                    ``(IV) Contents.--The initial 
                                Comprehensive Plan shall include--
                                            ``(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;
                                            ``(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;
                                            ``(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
                                            ``(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.
                                    ``(V) Plan updates.--The Council 
                                shall update--
                                            ``(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
                                            ``(bb) the 3-year list of 
                                        projects and programs described 
                                        in subclause (IV)(dd) annually.
                            ``(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:
                                    ``(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.
                                    ``(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.
                                    ``(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.
                                    ``(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.
                    ``(E) Implementation.--
                            ``(i) In general.--The Council, acting 
                        through the member agencies and Gulf Coast 
                        States, may carry out projects and programs 
                        adopted in the Comprehensive Plan.
                            ``(ii) Administrative responsibility.--
                                    ``(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.
                                    ``(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.
                            ``(iii) Cost sharing.--
                                    ``(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--
                                            ``(aa) is authorized by 
                                        other Federal law; and
                                            ``(bb) meets the criteria 
                                        of this paragraph.
                                    ``(II) Inclusion in comprehensive 
                                plan.--A project or program described 
                                in subclause (I) shall be selected and 
                                adopted by the Council as part of the 
                                Comprehensive Plan in the manner 
                                described in this paragraph.
                    ``(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.
            ``(3) Oil spill restoration impact allocation.--
                    ``(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:
                            ``(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:
                                    ``(I) Forty 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.
                                    ``(II) Forty 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.
                                    ``(III) Twenty percent based on the 
                                average population in the 2010 
                                decennial census of coastal counties 
                                bordering the Gulf of Mexico within 
                                each Gulf Coast State.
                            ``(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.
                    ``(B) Approval of projects and programs.--
                            ``(i) In general.--The Council shall 
                        disburse amounts to the respective Gulf Coast 
                        States in accordance with the formula developed 
                        under subparagraph (A), 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:
                                    ``(I) All projects, programs, and 
                                activities included in that plan are 
                                eligible activities pursuant to 
                                paragraph (1)(B)(i).
                                    ``(II) The projects, programs, and 
                                activities included in that plan 
                                contribute to the overall economic and 
                                ecological recovery of the Gulf Coast.
                                    ``(III) The plan takes into 
                                consideration the Comprehensive Plan 
                                and is consistent with its goals and 
                                objectives, as described in paragraph 
                                (2)(B)(i).
                            ``(ii) Funding.--
                                    ``(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).
                                    ``(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--
                                            ``(aa) ecosystem 
                                        restoration needs in the State 
                                        will be addressed by the 
                                        projects in the proposed plan; 
                                        and
                                            ``(bb) additional 
                                        investment in infrastructure is 
                                        required to mitigate the 
                                        impacts of the Deepwater 
                                        Horizon Oil Spill to the 
                                        ecosystem or economy.
                            ``(iii) Development.--The plan described in 
                        clause (i) shall be developed by--
                                    ``(I) in the State of Alabama, the 
                                Alabama Gulf Coast Recovery Council 
                                established under paragraph (1)(E)(i);
                                    ``(II) in the State of Florida, the 
                                State or a consortia of local political 
                                subdivisions;
                                    ``(III) in the State of Louisiana, 
                                the Coastal Protection and Restoration 
                                Authority of Louisiana; and
                                    ``(IV) in the state of Texas, the 
                                Office of the Governor or an appointee 
                                of the Office of the Governor.
                            ``(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).
                    ``(C) Disapproval.--If the Council disapproves a 
                plan pursuant to subparagraph (B)(iv), the Council 
                shall--
                            ``(i) provide the reasons for disapproval 
                        in writing; and
                            ``(ii) consult with the State to address 
                        any identified deficiencies with the State 
                        plan.
                    ``(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.
                    ``(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.
            ``(4) Authorization of interest transfers.--
                    ``(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 for the preceding fiscal year shall be 
                transferred to the Gulf of Mexico Research Endowment 
                established by subparagraph (B).
                    ``(B) Gulf of mexico research endowment.--
                            ``(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.
                            ``(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 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.''.

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

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Fisheries and ecosystem endowment.--The term 
        ``Fisheries and Ecosystem Endowment'' means the endowment 
        established by subsection (d).
            (3) Program.--The term ``Program'' means the Gulf Coast 
        Ecosystem Restoration Science, Observation, Monitoring, and 
        Technology Program established by subsection (b).
    (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.
    (c) Centers of Excellence.--
            (1) In general.--In carrying out the Program, the 
        Administrator 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.
            (2) Grants.--
                    (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).
                    (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.
                    (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 curriculum of 
                the center of excellence will be focused.
            (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:
                    (A) Coastal and deltaic sustainability, restoration 
                and protection; including solutions and technology that 
                allow citizens to live safely and sustainably in a 
                coastal delta.
                    (B) Coastal fisheries and wildlife ecosystem 
                research and monitoring.
                    (C) Offshore energy development, including research 
                and technology to improve the sustainable and safe 
                development of energy resources.
                    (D) Sustainable and resilient growth, economic and 
                commercial development in the Gulf Coast.
                    (E) Comprehensive observation, monitoring, and 
                mapping of the Gulf of Mexico.
            (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.
    (d) Establishment of Fisheries and Ecosystem Endowment.--
            (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.
            (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--
                    (A) marine and estuarine research;
                    (B) marine and estuarine ecosystem monitoring;
                    (C) data collection and stock assessments;
                    (D) pilot programs for--
                            (i) fishery independent data; and
                            (ii) reduction of exploitation of spawning 
                        aggregations; and
                    (E) cooperative research.
            (3) Administration and implementation.--The Fisheries and 
        Ecosystem Endowment shall be administered by the Administrator 
        of the National Oceanic and Atmospheric Administration with 
        guidance provided by the Regional Gulf of Mexico Fishery 
        Management Council.
            (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.
            (5) Research priorities.--In distributing funding under 
        this subsection, priority shall be given to integrated, long-
        term projects that--
                    (A) build on, or are coordinated with, related 
                research activities; and
                    (B) address current or anticipated marine 
                ecosystem, fishery, or wildlife management information 
                needs.
            (6) Duplication.--In carrying out this subsection, the 
        Administrator shall seek to avoid duplication of other research 
        and monitoring activities.
    (e) Funding.--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.

SEC. 6. EFFECT.

    (a) In General.--Nothing in this Act or any amendment made by this 
Act--
            (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
            (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.
    (b) Use of Funds.--Funds made available under this Act may be used 
only for eligible activities specifically authorized by this Act.
                                 <all>