1.This Act may be cited as
the Comprehensive Gulf of Mexico
Recovery, Restoration, and Resiliency Act
.
2.In this Act:
(1)Citizens’
Advisory CommitteeThe term Citizens’ Advisory
Committee means the Gulf of Mexico Regional Citizens' Advisory Committee
established by section 8(a).
(2)Clean energy
production and developmentThe term clean energy production
and development means any electricity generation, transmission, storage,
heating, cooling, industrial process, or manufacturing project the primary
purpose of which is the deployment, development, or production of an energy
system or technology that avoids, reduces, or sequesters air pollutants or
anthropogenic greenhouse gases.
(3)The
term Council means the Gulf of Mexico Recovery Council established
by section 3(a).
(4)The term eligible entity means an
organization that—
(A)is a consortium
of 1 or more public and private institutions of higher education in a Gulf
State;
(B)is formally
established by a board of higher education in a Gulf State for the purpose of
collaborating on marine science research;
(C)carries out 1 or
more operations that are physically located in the Gulf coast; and
(D)demonstrates
experience arising from—
(i)the
conduct of the types of activities described in section 6; and
(ii)the ability to
carry out each requirement described in subsections (c), (d), and (e) of
section 6.
(5)The term Federal agency has the meaning given
the term in section 1004 of the Solid Waste Disposal Act (42 U.S.C.
6903).
(6)The term Fishery Endowment means the Gulf
of Mexico Fishery Endowment established under section 7(a).
(7)The
term Fund means the Gulf of Mexico Recovery Fund established by
section 4(a).
(8)The
term Gulf means the submerged land of the outer Continental Shelf,
and the areas of the exclusive economic zone of the United States, within the
Gulf of Mexico, including associated coastal watersheds, estuaries, beaches,
and wetlands.
(9)The term Gulf coast means—
(A)each coastal zone
(as determined pursuant to the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.)) of each Gulf State
(including water adjacent to the Gulf State); and
(B)submerged land of
the outer Continental Shelf located in the Gulf of Mexico.
(10)The term Gulf oil spill means the discharge of
oil and the use of oil dispersants that began in 2010 in connection with 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.
(11)The term Gulf State means any of the States
of—
(A)Alabama;
(B)Florida;
(C)Louisiana;
(D)Mississippi;
and
(E)Texas.
(12)Institution of
higher educationThe term institution of higher
education has the meaning given the term in section 102 of the
Higher Education Act of 1965 (20
U.S.C. 1002).
(13)Local
political subdivisionThe term local political
subdivision means any city, county, township, town, borough, parish,
village, or other general purpose political subdivision of a State.
(14)The term natural resource trustee
means each of the Federal and State trustees designated under title I of the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) with respect to natural
resource damages relating to the Gulf oil spill.
(15)The term Observation System means the Gulf of
Mexico Observation System established under section 6(a).
(16)The
term Plan means the Comprehensive Gulf of Mexico Recovery Plan
developed under section 5(a).
(17)The
term Strategy means the regional ecosystem restoration strategy
developed by the Gulf Coast Ecosystem Restoration Task Force established by
Executive Order 13554 (16 U.S.C. 1451 note; relating to the Gulf Coast
Ecosystem Restoration Task Force).
3.Gulf of Mexico
Recovery Council
(a)There
is established the Gulf of Mexico Recovery Council.
(b)The
Council shall be composed of each member of the Gulf Coast Ecosystem
Restoration Task Force established by Executive Order 13554 (16 U.S.C. 1451
note; relating to the Gulf Coast Ecosystem Restoration Task Force).
(c)The
President shall select a Chairperson from among the members of the
Council.
(d)The
Council, in coordination with the natural resource trustees, shall—
(1)develop the
Plan;
(2)establish
guidelines for the provision of, and provide, grants in accordance with
subsection (e);
(3)establish the
Observation System;
(4)establish the
Fishery Endowment;
(5)coordinate the
sharing of scientific information and other research associated with Gulf coast
economic development, ecosystem restoration, and public health
rehabilitation;
(6)form partnerships
with Federal and State agencies, institutions of higher education, research
consortia, private companies, and other relevant entities; and
(7)submit to the
appropriate committees of Congress an annual report under subsection
(f).
(e)
(1)Using amounts made available for expenditure from the
Fund for a fiscal year, the Council shall provide grants in accordance with
this subsection.
(2)Grants to local
political subdivisions
(A)For each fiscal year, of the amounts made available for
expenditure from the Fund, the Council shall use 45 percent of the amounts to
provide grants to local political subdivisions.
(B)Request for
grant proposalsNot later than 30 days after the date of
enactment of this Act, and every 180 days thereafter until such time as the
percentage of amounts specified in subparagraph (A) for a fiscal year has been
provided in the form of grants under this paragraph, the Council shall issue to
each local political subdivision affected by the Gulf oil spill, as determined
by the Council, a request for proposal for grants for activities relating to
Gulf coast economic development, ecosystem restoration, and public health
rehabilitation, including—
(i)environmental
restoration and remediation (including remediation in coastal and marine
ecosystems);
(ii)academic and
applied research regarding the economy, environment, and public health of the
local political subdivision;
(iii)seafood
marketing;
(iv)tourism and
tourism marketing;
(v)coastal land
acquisition;
(vi)ecosystem
resource planning;
(vii)renewable and
clean energy production and development, energy conservation, and related
retrofitting projects;
(viii)workforce
development; and
(ix)environmental
education.
(C)Consistency
with regional ecosystem restoration strategyThe Council shall
ensure that any funds made available under this paragraph shall be used for
projects and activities that are consistent with the Strategy.
(D)Timing of
provision of grantsThe Council shall provide a grant under this
paragraph not later than 120 days after the date on which the Council receives
a proposal for the grant described in subparagraph (B).
(3)Grants from
Council for Plan and observation system
(A)For each fiscal year, of the amounts made available for
expenditure from the Fund, the Council shall use 50 percent of the amounts to
provide grants for use in—
(i)funding projects,
programs, or activities to meet the goals described in section 5(b); and
(ii)carrying out
section 6.
(B)The Council may provide a grant under this
paragraph—
(i)for
a purpose described in subparagraph (A)(i), to—
(I)a Federal or
State agency;
(II)an institution
of higher education; or
(III)a local
political subdivision; and
(ii)for the purpose
described in subparagraph (A)(ii), to eligible entities selected by the Council
under section 6(b)(2)(A).
(C)Condition for
receipt of grantAs a condition on the receipt of a grant under
this paragraph, and eligible recipient described in subparagraph (B)(i) shall
agree to coordinate with the Council to develop and modify proposed projects to
address needs under, and achieve the goals of, the Plan.
(4)
(A)The Council shall allocate the amounts to be used within
each Gulf State under this paragraph in accordance with subparagraph
(B).
(B)
(i)Proportionate
share of length of Gulf coast shorelineOf the amounts allocated
to a Gulf State described in subparagraph (A) for each fiscal year, 60 percent
shall be allocated based on the proportion that, as determined by the Council
based on the most recently available data from, or accepted by, the Office of
Coast Survey of the National Oceanic and Atmospheric Administration—
(I)the aggregate
length of the Gulf coast shoreline of the Gulf State; bears to
(II)the aggregate
length of the Gulf coast shoreline of all Gulf States.
(ii)Proportionate
share of aggregate populationOf the amounts allocated to a Gulf
State described in subparagraph (A) for each fiscal year, 40 percent shall be
allocated based on the proportion that, as determined by the Council based on
data collected during the most recent decennial census—
(I)the aggregate
population of all counties located, in whole or in part, within the designated
Gulf coast boundaries of the Gulf State; bears to
(II)the aggregate
population of all counties located, in whole or in part, within the designated
Gulf coast boundaries in all Gulf States.
(iii)In carrying out this paragraph for a fiscal year, the
Council may increase or decrease the percentages of funds provided under
clauses (i) and (ii) for the fiscal year by not more than 5 percent, based on
the severity of impacts of the Gulf oil spill on a particular Gulf State, as
determined by the Council, on the condition that the total of the percentages
under those clauses remains 100 percent after all such increases and
decreases.
(5)Not more than 5 percent of the amount of any grant
provided under this subsection may be used for administrative expenses.
(6)For each fiscal year, an amount equal to 5 percent of
the amounts in the Fund shall be—
(A)deposited by the
Council in a subaccount in the Treasury; and
(B)made available to
the Administrator of the National Oceanic and Atmospheric Administration and
the Regional Gulf of Mexico Fishery Management Council for use in administering
and implementing the Fishery Endowment.
(f)Not later than September 30, 2012, and annually
thereafter, the Council shall submit to the appropriate committees of Congress
a report that, for the period covered by the report, contains a description of
each—
(1)activity of the
Council, including each grant provided by the Council under subsection (e);
and
(2)policy, plan,
activity, and project carried out under this Act.
(g)Authority To
transfer fundThe Council may transfer amounts from the Fund to
Federal agencies for the purpose of carrying out this Act, including for the
purposes of—
(1)carrying out
Plan;
(2)administering the
Fishery Endowment; and
(3)administering the
Observation System.
(h)Nonapplicability
of Federal Advisory Committee ActThe Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Council.
4.Gulf of Mexico
Recovery Fund
(a)There
is established in the Treasury of the United States a fund to be known as the
Gulf of Mexico Recovery Fund, to be administered by the Council
for authorized uses described in subsection (c).
(b)Notwithstanding any other provision of law, the Secretary of
the Treasury shall deposit in the Fund amounts equal to not less than 100
percent of any amounts collected by the United States before, on, or after the
date of enactment of this Act, and available on or after the date of enactment
of this Act, as penalties, settlements, or fines under sections 309 and 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1319, 1321) in relation to
the Gulf oil spill.
(c)Amounts in the Fund shall be available to the Council for
the conduct of activities relating to Gulf coast economic development,
ecosystem restoration, and public health rehabilitation in accordance with this
Act, including the provision of grants under section 3(e).
5.Comprehensive
Gulf of Mexico Recovery Plan
(a)In accordance with subsection (b), the Council, in
accordance with the Strategy and taking into consideration the advice of the
Scientific Advisory Committee and the Citizens’ Advisory Committee, shall
develop a comprehensive plan to restore, revitalize, and increase the
resiliency of the Gulf of Mexico ecosystem.
(b)The
goals of the Plan shall include, with respect to the Gulf coast—
(1)ecosystem
monitoring; and
(2)ecosystem
recovery and resiliency, with an emphasis on a holistic, comprehensive approach
covering coastal, nearshore, deep water.
(c)The
Council shall provide grants under section 4(c)(3)(A) for use in funding
projects, programs, or activities to meet the goals described in subsection
(b).
6.Gulf of Mexico
Observation System
(a)The
Council shall establish the Gulf of Mexico Observation System to observe,
monitor, and map the Gulf in a comprehensive manner.
(b)The
Observation System shall be—
(1)implemented
through a Gulf of Mexico Exploration Research Center; and
(2)administered by 1
or more eligible entities that—
(A)are selected by
the Council based on an application demonstrating the ability of the eligible
entity to carry out this section; and
(B)receive a grant
for that purpose under section 3(e)(3)(A)(ii).
(c)Facilitation of
existing technologiesAn eligible entity administering the
Observation System under subsection (b) shall facilitate the use of existing
technologies to quickly increase, to the maximum extent practicable,
observation and monitoring capabilities in the Gulf.
(d)Development of
new technologiesAn eligible entity administering the Observation
System under subsection (b) shall facilitate the development of new monitoring
technologies.
(e)Coordination
with national integrated coastal and ocean observation systemThe
Council shall ensure that the Observation System is developed in coordination
with the National Integrated Coastal and Ocean Observation System established
under section 12304(a) of the Integrated Coastal and Ocean Observation System
Act of 2009 (33 U.S.C. 3603(a)).
7.Gulf of Mexico
fishery endowment
(a)As
soon as practicable after the date of enactment of this Act, the Council shall
establish a fishery endowment to ensure, to the maximum extent practicable, the
long-term sustainability of fish stocks and the recreational, commercial, and
charter fishing industry in the Gulf of Mexico.
(b)For
each fiscal year, of the amounts made available for expenditure from the
subaccount described in section 3(e)(6)(A), 95 percent of the interest accrued
in the subaccount may be expended for, with respect to the Gulf of
Mexico—
(1)data collection
and stock assessments;
(2)pilot programs
for—
(A)fishery
independent data; and
(B)spawning
aggregations reduction;
(3)cooperative
research; and
(4)training and
education on sustainable fishing practices and gear use.
(c)Administration;
implementationThe Fishery Endowment shall be—
(1)administered by
the Administrator of the National Oceanic and Atmospheric Administration;
and
(2)implemented by
the Regional Gulf of Mexico Fishery Management Council.
8.Citizens
advisory committee
(a)There
is established the Citizens’ Advisory Committee.
(b)
(1)The Citizens’ Advisory Committee shall be composed of 39
members, of whom—
(A)30 members shall
be voting members—
(i)of
whom—
(I)6 members shall
be residents of, and represent, the State of Alabama;
(II)6 members shall
be residents of, and represent, the State of Florida;
(III)6 members shall
be residents of, and represent, the State of Louisiana;
(IV)6 members shall
be residents of, and represent, the State of Mississippi; and
(V)6 members shall
be residents of, and represent, the State of Texas; and
(ii)each of whom
shall represent an interest of the State of which the member represents,
including an interest relating to—
(I)the commercial
fin fish and shellfish industry;
(II)the charter
fishing industry;
(III)the restaurant,
hotel, and tourism industries;
(IV)indigenous
peoples communities;
(V)the marine and
coastal conservation community; and
(VI)incorporated and
unincorporated municipalities; and
(B)9 members shall
be nonvoting members, of whom—
(i)1
member shall be appointed by, and represent, the Secretary of the department in
which the Coast Guard is operating;
(ii)1
member shall be appointed by, and represent, the Administrator of the
Environmental Protection Agency;
(iii)1
member shall be appointed by, and represent, the Administrator of the National
Oceanic and Atmospheric Administration;
(iv)1
member shall be appointed by, and represent, the Secretary of the
Interior;
(v)1
member shall be appointed by, and represent, the lead maritime environmental
and natural resources management and enforcement agency of the State of
Alabama;
(vi)1
member shall be appointed by, and represent, the lead maritime environmental
and natural resources management and enforcement agency of the State of
Florida;
(vii)1
member shall be appointed by, and represent, the lead maritime environmental
and natural resources management and enforcement agency of the State of
Louisiana;
(viii)1 member shall
be appointed by, and represent, the lead maritime environmental and natural
resources management and enforcement agency of the State of Mississippi;
and
(ix)1
member shall be appointed by, and represent, the lead maritime environmental
and natural resources management and enforcement agency of the State of
Texas.
(2)Voting and nonvoting members representing States shall be
appointed equally from each State represented on the Citizens’ Advisory
Committee.
(c)
(1)Except as provided in paragraph (2), the voting members
of the Citizens’ Advisory Committee shall be appointed for a term of 3
years.
(2)To establish the terms of the group of first
appointments of voting members to the Citizens’ Advisory Committee, a drawing
of lots among the initial members shall be conducted under which—
(A)1/3
of the group shall serve for a period of 3 years;
(B)1/3
of the group shall serve for a period of 2 years; and
(C)1/3
of the group shall serve for a period 1 year.
(3)The authority of the Citizens’ Advisory Committee shall
continue during the lifetime of energy development, transportation, and
facility removal activities in the Gulf of Mexico.
(d)
(1)The Citizens’ Advisory Committee shall—
(A)elect a
Chairperson from among the members of the Citizens’ Advisory Committee;
(B)select a staff;
and
(C)make policies
with regard to the internal operating procedures of the Citizens’ Advisory
Committee.
(2)
(A)After the date on which the Secretary of the department
in which the Coast Guard is operating conducts an initial organizational
meeting for the Citizens’ Advisory Committee, the Citizens’ Advisory Committee
shall be self-governing.
(B)Not later than 60 days after the date on which all
members of the Citizens’ Advisory Committee have been appointed, the Citizens’
Advisory Committee shall hold the initial meeting of the Citizens’ Advisory
Committee.
(C)The Citizens’ Advisory Committee shall conduct meetings
not less frequently than 1 meeting per calendar year.
(3)Subject
to subsection (e)(2), the Citizens’ Advisory Committee shall—
(A)conduct the
operations of the Citizens’ Advisory Committee in a manner that is accessible
by the public;
(B)ensure that each
work product adopted by the Citizens’ Advisory Committee is publicly
accessible;
(C)conduct not less
than 1 meeting during each calendar year that is open to the public, for which
the Citizens’ Advisory Committee shall provide public notice not later than 30
days before the date of the meeting; and
(D)maintain a public
Web site containing, at a minimum—
(i)recommendations
made by the Citizens’ Advisory Committee, and information as to whether the
recommendations have been adopted (including an explanation of each reason of
the Citizens’ Advisory Committee for not adopting a recommendation);
(ii)a
description of plans under review, carried out in a manner that does not
disclose any confidential or privileged information;
(iii)a
statement of industry standards; and
(iv)an
interactive component that enables the public—
(I)to submit
questions and comments; and
(II)to report
problems.
(4)An individual selected as a voting member of the
Citizens’ Advisory Committee may not engage in any activity that may conflict
with the execution of the functions or duties of the individual as a member of
the Citizens’ Advisory Committee.
(e)Information
from Federal agencies and industry
(1)The Citizens’ Advisory Committee may request directly
from any Federal agency information, suggestions, estimates, and statistics to
carry out this section.
(2)The
Citizens’ Advisory Committee shall have access to—
(A)facilities and
nonproprietary records of the oil and gas industry that are relevant to the
proper execution of the duties of the Citizens’ Advisory Committee under this
section; and
(B)records
containing proprietary information if—
(i)the
records are relevant to the proper execution of the duties of the Citizens’
Advisory Committee under this section; and
(ii)the proprietary
information is redacted to the extent necessary and appropriate.
(f)Committee
recommendationsAll recommendations of the Committee shall only
be advisory.
(g)Location and
compensation
(1)The Council shall establish offices in 1 or more Gulf
States, as the Citizens’ Advisory Committee determines to be necessary and
appropriate to carry out the operations of the Citizens’ Advisory
Committee.
(2)A
member of the Citizens’ Advisory Committee shall—
(A)serve without
compensation; and
(B)be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title 5, United
States Code (except by express authorization of the Citizens’ Advisory
Committee in any case in which the rates are inadequate to reimburse a member
not eligible for travel rates of the Federal Government).
(h)
(1)Duty of
Comptroller General of the United StatesNot later than 3 years
after the date of establishment of the Citizens’ Advisory Committee, and every
3 years thereafter, the Comptroller General of the United States shall submit
to the President and the appropriate committees of Congress a report that
contains a description of, for the period covered by the report, the operations
and expenditures of the Citizens’ Advisory Committee in carrying out this
section (including any recommendation of the Comptroller General of the United
States).
(2)Duty of
Citizens’ Advisory CommitteeNot later than 2 years after the
date of establishment of the Citizens’ Advisory Committee, and every 2 years
thereafter, the Citizens’ Advisory Committee shall submit to the appropriate
committees of Congress a report that contains, for the period covered by the
report, a description of—
(A)the extent of
achievement of safe operations in the Gulf of oil and gas activities;
(B)unresolved
problems and concerns with operations, activities, and plans; and
(C)the operations
and expenditures, needs, issues, and recommendations of the Citizens’ Advisory
Committee.
9.Scientific
advisory committee
(a)There
is established the Scientific Advisory Committee to provide advice to the
Council regarding the science behind the Plan and long-term monitoring and
restoration of the Gulf coast ecosystem.
(b)The
Scientific Advisory Committee shall be composed of 16 members, of whom—
(1)10 shall be
voting members, of whom—
(A)with respect to
the State of Alabama, 2 members shall be appointed by the State, of
whom—
(i)1
shall be a scientist employed by an institution of higher education located in
the State; and
(ii)1
shall be a representative of the environmental protection or quality agency of
the State;
(B)with respect to
the State of Florida, 2 members shall be appointed by the State, of
whom—
(i)1
shall be a scientist employed by an institution of higher education located in
the State; and
(ii)1
shall be a representative of the environmental protection or quality agency of
the State;
(C)with respect to
the State of Louisiana, 2 members shall be appointed by the State, of
whom—
(i)1
shall be a scientist employed by an institution of higher education located in
the State; and
(ii)1
shall be a representative of the environmental protection or quality agency of
the State;
(D)with respect to
the State of Mississippi, 2 members shall be appointed by the State, of
whom—
(i)1
shall be a scientist employed by an institution of higher education located in
the State; and
(ii)1
shall be a representative of the environmental protection or quality agency of
the State; and
(E)with respect to
the State of Texas, 2 members shall be appointed by the State, of whom—
(i)1
shall be a scientist employed by an institution of higher education located in
the State; and
(ii)1
shall be a representative of the environmental protection or quality agency of
the State; and
(2)4 shall be
nonvoting members, of whom—
(A)1 member shall be
appointed by the Administrator of the National Oceanic and Atmospheric
Administration;
(B)1 member shall be
appointed by the Administrator of the Environmental Protection Agency;
(C)1 member shall be
appointed by the Director of the National Institute for Standards and
Technology; and
(D)1 member shall be
appointed by the Secretary of the Interior.
(c)Not
later than 2 years after the date of enactment of this Act, and biennially
thereafter, the Scientific Advisory Committee shall prepare and submit to the
Council a report that describes, for the period covered by the report, the
science regarding—
(1)impacts to the
Gulf and Gulf coast from the Gulf oil spill;
(2)the progress of
restoration activities for the Gulf and Gulf coast; and
(3)the
implementation of the Plan.
10.Nothing in this section
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.).