1.This Act may be cited as the
Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast
States Act of 2011
.
2.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.
3.Gulf Coast
Restoration Trust Fund
(a)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)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)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)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)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.
4.Gulf Coast
natural resources restoration and economic recoverySection 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)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)
(i)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)
(I)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 seafoodNone 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 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)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)
(I)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)A coastal political subdivision receiving funding
under this subsection shall meet all of the conditions in subparagraph
(D).
(D)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 agencyThe following Gulf Coast
State entities, task forces, or agencies shall carry out the duties of a Gulf
Coast State pursuant to this paragraph:
(i)
(I)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)Each
member of the Alabama Gulf Coast Recovery Council shall be entitled to 1
vote.
(III)All decisions of the Alabama Gulf Coast Recovery Council
shall be made by majority vote.
(ii)In
the State of Louisiana, the Coastal Protection and Restoration Authority of
Louisiana.
(iii)In
the State of Mississippi, the Mississippi Department of Environmental
Quality.
(F)Compliance with
eligible activitiesIf 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
conditionsIf 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)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 programsA 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 CouncilIn 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)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)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)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)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)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)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)
(i)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 proceduresThe 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)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)There
is established as an independent entity in the Federal Government a council to
be known as the Gulf Coast Ecosystem Restoration Council
.
(ii)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)A
Governor appointed to the Council by the President may designate an alternate
to represent the Governor on the Council.
(iv)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)All Council members shall be appointed by the
President.
(vi)
(I)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)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)A
quorum of State members shall be required to be present for the Council to take
any significant action.
(IV)Affirmative
vote requirement deemed metFor 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)Appropriate actions of the Council, including votes
on significant actions and associated deliberations, shall be made available to
the public.
(vii)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 ActThe 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)
(i)
(I)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)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)
(I)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 forceThe Council shall develop
the initial Comprehensive Plan in close coordination with the President’s Gulf
Coast Restoration Task Force.
(III)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)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)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)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)
(i)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)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)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)
(I)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 PlanA 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)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)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)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)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)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)
(I)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)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)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)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)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 planIf 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)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)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)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)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.
.
5.Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and Technology
Program
(a)In
this section:
(1)The
term Administrator means the Administrator of the National Oceanic
and Atmospheric Administration.
(2)Fisheries and
Ecosystem EndowmentThe term Fisheries and Ecosystem
Endowment means the endowment established by subsection (d).
(3)The
term Program means the Gulf Coast Ecosystem Restoration Science,
Observation, Monitoring, and Technology Program established by subsection
(b).
(b)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)
(1)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)
(A)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)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)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)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 programsThe 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)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)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 implementationThe 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)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)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)In
carrying out this subsection, the Administrator shall seek to avoid duplication
of other research and monitoring activities.
(e)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.
6.
(a)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)Funds made available under this Act may be used only for
eligible activities specifically authorized by this Act.
1.This Act may be cited as the
Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast
States Act of 2011
.
2.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.
3.Gulf Coast Restoration
Trust Fund
(a)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)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)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)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)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.
4.Gulf Coast natural
resources restoration and economic recoverySection 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), 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;
(B)any adjacent land, water,
and watersheds, that are within 25 miles of the coastal zones described in
subparagraph (A) 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)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)
(i)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, including recreational fishing.
(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,
or the impacts of the Deepwater Horizon oil spill.
(XII)Administrative costs of
complying with this subsection.
(ii)
(I)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 seafoodNone 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 the case of a State where the coastal zone includes
the entire State—
(I)75 percent of funding
shall be provided to the 8 disproportionally affected counties impacted by the
Deepwater Horizon Oil Spill; and
(II)25 percent shall be
provided to nondisproportionately impacted counties within the State.
(ii)Of
the total amounts made available to the State of Louisiana under this
paragraph:
(I)70 percent shall be
provided directly to the State in accordance with this subsection.
(II)30 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)40 percent based on the
weighted average of miles of the parish shoreline oiled.
- (bb)40 percent based on the
weighted average of the population of the parish.
- (cc)20 percent based on the
weighted average of the land mass of the parish.
(iii)
(I)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)A coastal political subdivision receiving funding
under this subsection shall meet all of the conditions in subparagraph
(D).
(D)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 agencyThe following Gulf Coast State
entities, task forces, or agencies shall carry out the duties of a Gulf Coast
State pursuant to this paragraph:
(i)
(I)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)Each
member of the Alabama Gulf Coast Recovery Council shall be entitled to 1
vote.
(III)All decisions of the Alabama Gulf Coast Recovery Council
shall be made by majority vote.
(ii)In
the State of Louisiana, the Coastal Protection and Restoration Authority of
Louisiana.
(iii)In
the State of Mississippi, the Mississippi Department of Environmental
Quality.
(F)Compliance with
eligible activitiesIf 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
conditionsIf 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)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 programsA 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
CouncilIn 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)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)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)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)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)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)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)
(i)In accordance with this paragraph, the Council shall
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.
(ii)Allocation and
expenditure proceduresThe 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)Of the amounts received by the Council under this
subsection, not more than 3 percent may be used for administrative expenses,
including staff.
(C)Gulf Coast Ecosystem
Restoration Council
(i)There
is established as an independent entity in the Federal Government a council to
be known as the Gulf Coast Ecosystem Restoration Council
.
(ii)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)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.
(iv)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)All Council members shall be appointed by the
President.
(vi)
(I)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)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)(iv); and
- (cc)approval of reports to
Congress pursuant to clause (vii)(X).
(III)A
quorum of State members shall be required to be present for the Council to take
any significant action.
(IV)Affirmative vote
requirement deemed metFor 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)Appropriate actions of the Council, including votes
on significant actions and associated deliberations, shall be made available to
the public.
(vii)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 a scientific advisory committee and a committee to advise the Council
on public policy issues;
(V)coordinate scientific and
other research associated with restoration of the Gulf Coast ecosystem,
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;
(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;
(X)submit to Congress an
annual report 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; and
(XI)submit to Congress a
final report on the date on which all funds made available to the Council are
expended.
(viii)Application of
Federal Advisory Committee ActThe 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)
(i)
(I)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)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)
(I)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 forceThe Council shall develop the
initial Comprehensive Plan in close coordination with the President’s Gulf
Coast Restoration Task Force.
(III)In
developing the initial Comprehensive Plan and subsequent updates, the Council
shall consider all relevant findings, reports, or research prepared or funded
by a center of excellence or the Gulf Fisheries and Ecosystem Endowment
established pursuant to the Gulf Coast Ecosystem Restoration Science,
Monitoring, and Technology Program under section 5 of the
Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
2011.
(IV)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)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)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)
(i)The Council, acting through the member agencies and Gulf
Coast States, shall expend funds made available from the Trust Fund to carry
out projects and programs adopted in the Comprehensive Plan.
(ii)Administrative
responsibility
(I)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)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)
(I)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
subparagraph (D).
(II)Inclusion in
Comprehensive PlanA 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 subparagraph (D).
(F)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.
(G)The
Council shall terminate on the date on which the report described in
subparagraph (C)(vii)(XI) is submitted to Congress.
(3)Oil spill restoration
impact allocation
(A)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)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)40 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)40 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)20 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)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)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:
(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)
(I)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)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)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,
a consortia of local political subdivisions that includes at least 1
representative of each disproportionally affected county;
(III)in the State of
Louisiana, the Coastal Protection and Restoration Authority of
Louisiana;
(IV)in the State of
Mississippi, the Office of the Governor or an appointee of the Office of the
Governor; and
(V)in the State of Texas,
the Office of the Governor or an appointee of the Office of the
Governor.
(iv)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)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 planIf 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)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)Of the total amount made available in any fiscal year
from the Trust Fund, an amount equal to the interest earned by the Trust Fund
and proceeds from investments made by the Trust Fund in the preceding fiscal
year—
(i)50 percent shall be
transferred to the National Endowment for Oceans in subparagraph (B);
and
(ii)50 percent shall be
transferred to the Gulf of Mexico Research Endowment in subparagraph
(C).
(B)National endowment for
the oceans
(i)
(I)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.
(II)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.
(ii)The
trustee for the National Endowment for the Oceans shall be the Secretary of
Commerce.
(iii)
(I)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—
- (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;
- (bb)to make grants to
regional ocean and coastal planning bodies; and
- (cc)to develop and implement
a National Grant Program for Oceans and Coastal Waters.
(II)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).
(iv)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.
(v)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.
(vi)Funding for coastal
StatesThe Secretary shall allocate funding among States as
follows:
(I)50 percent of the funds
shall be allocated equally among coastal States.
(II)25 percent of the funds
shall be allocated based on tidal shoreline miles.
(III)25 percent of the funds
shall be allocated based on the coastal population density of a coastal
State.
(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.
(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.
(C)Gulf of Mexico Research
Endowment
(i)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)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.
.
5.Gulf Coast Ecosystem
Restoration Science, Observation, Monitoring, and Technology Program
(a)In
this section:
(1)The
term Administrator means the Administrator of the National Oceanic
and Atmospheric Administration.
(2)Fisheries and Ecosystem
EndowmentThe term Fisheries and Ecosystem Endowment
means the endowment established by subsection (d).
(3)The
term Program means the Gulf Coast Ecosystem Restoration Science,
Observation, Monitoring, and Technology Program established by subsection
(b).
(b)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)
(1)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.
(2)
(A)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)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)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 proposal of the center of excellence
will be focused.
(3)Each
center of excellence shall focus 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
programsThe 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)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)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 and ocean observation;
(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
implementationThe 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.
(4)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)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 and
coordinationIn carrying out this subsection, the Administrator
shall seek to avoid duplication of other research and monitoring activities and
coordinate with existing research and monitoring programs, including the
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et
seq.).
(e)
(1)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.
(2)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.
6.
(a)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)Funds made available under this Act may be used only for
eligible activities specifically authorized by this Act.
December 8, 2011
Reported with an amendment