[Senate Report 111-241]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 501
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-241

======================================================================



 
             GULF OF MEXICO RESTORATION AND PROTECTION ACT

                                _______
                                

                 August 2, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1311]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1311) to amend the Federal Water Pollution 
Control Act to strengthen cooperative efforts to monitor, 
restore, and protect the resource productivity, water quality, 
and marine ecosystems of the Gulf of Mexico, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.

                    General Statement and Background

    The Gulf of Mexico ecosystem provides a wide array of 
valuable resources. Encompassing over five million acres (about 
half of the U.S. total), the Gulf's coastal wetlands serve as 
an essential habitat for a broad array of economically 
important fish and wildlife species, including migrating 
waterfowl and sport and commercial fisheries. According to the 
National Ocean Economics Program, the Gulf Coast tourism, 
recreation, and fishing ocean economies generate $18.9 billion 
in economic activity and support more than 400,000 jobs.
    There are numerous threats to the Gulf of Mexico ecosystem, 
including the world's second largest zone of hypoxia or ``dead 
zone'' which affects the region's seafood production. The Gulf 
of Mexico Alliance reported in 2008 that the major commercial 
fishing ports of the Gulf of Mexico region bring in over 1.2 
billion pounds of fresh seafood every year. The resource 
productivity and water quality of the Gulf of Mexico and its 
watershed have been diminished by point and nonpoint source 
pollution.
    The Gulf of Mexico Program was initiated in 1988 by the 
U.S. Environmental Protection Agency (EPA) as a non-regulatory 
program. Founded on the threefold principles of partnership, 
science-based information, and citizen involvement, the mission 
of the Program is to facilitate collaborative actions to 
protect, maintain, and restore the health and productivity of 
the Gulf of Mexico in ways consistent with the economic well-
being of the Region. When it was established in 1988, the Gulf 
Program joined the Great Lakes and Chesapeake Bay Programs as 
flagships of the nation's efforts to apply an adaptive 
management approach to large coastal freshwater and marine 
ecosystems. However, unlike the Chesapeake Bay and Great Lakes 
programs, the Gulf of Mexico program does not have specific 
statutory authority.
    S. 1311 amends the Clean Water Act to reestablish a Gulf of 
Mexico Program Office that will continue to coordinate Federal 
agency efforts and support non-Federal efforts to protect and 
restore the Gulf of Mexico. The bill retains the current 
program office structure and authorities. The bill retains and 
codifies the authorities of the EPA Administrator to utilize 
interagency agreements and provide grants to carry out this 
Program and this Act.

                     Objectives of the Legislation

    This objective of the legislation is to strengthen 
cooperative efforts to monitor, restore, and protect the 
resource productivity, water quality, and marine ecosystems of 
the Gulf of Mexico.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 notes that this Act may be cited as the ``Gulf of 
Mexico Restoration and Protection Act''.

Section 2. Findings and purposes

    This section establishes Congressional findings, including 
the following: the Gulf of Mexico is a valuable resource of 
national and international importance; over many years, the 
resource productivity and water quality of the Gulf of Mexico 
and its watershed have been diminished by point and nonpoint 
source pollution; and the United States should seek to attain 
the protection and restoration of the Gulf of Mexico ecosystem 
as a collaborative regional goal of the Gulf of Mexico Program.
    This section also states that the purposes of this Act are:
           to expand and strengthen cooperative 
        voluntary efforts to restore and protect the Gulf of 
        Mexico;
           to expand Federal support for monitoring, 
        management, and restoration activities in the Gulf of 
        Mexico and its watershed;
           to commit the United States to a 
        comprehensive cooperative program to achieve improved 
        water quality in, and improvements in the productivity 
        of living resources of, the Gulf of Mexico; and
           to establish a Gulf of Mexico Program to 
        serve as a national and international model for the 
        collaborative management of large marine ecosystems.

Section 3. Gulf of Mexico restoration and protection

    This section amends Title I of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) to expand and strengthen 
cooperative efforts to monitor, restore, and protect the 
resource productivity, water quality, and marine ecosystems of 
the Gulf of Mexico.
    This section reestablishes the Gulf of Mexico Program as an 
office of the EPA. It requires the Office to: (1) coordinate 
the actions of EPA and of other federal agencies and state and 
local authorities; (2) assist in developing specific action 
plans to carry out the program; (3) coordinate and implement 
priority state- and community-led restoration plans and 
projects and facilitate activities that support the program; 
(4) implement outreach programs to foster stewardship of the 
Gulf's resources; (5) develop and make available information 
about the environmental quality and living resources of the 
Gulf; (6) serve as the liaison with the Mexican members of the 
Gulf of Mexico States Accord and Mexican counterparts of the 
EPA; and (7) focus on activities that will result in measurable 
improvements to water quality and living resources of the Gulf 
of Mexico ecosystem.
    This section also authorizes the EPA Administrator to enter 
into interagency agreements to carry out this Act and 
authorizes the Administrator to provide grants for multiple 
activities to protect and restore the Gulf of Mexico.

                          Legislative History

    The Gulf of Mexico Restoration and Protection Act was 
introduced by Senator Wicker on June 19, 2009 and is co-
sponsored by Senators Cochran, Landrieu, Vitter, and Nelson. 
The bill was received, read twice, and referred to the Senate 
Committee on Environment and Public Works.
    On November 9, 2009, the Subcommittee on Water and Wildlife 
held a hearing on S. 1311 and related bills. On June 30, 2010, 
the Full Committee met to consider a number of bills including 
S. 1311. During this meeting, the Committee adopted an 
amendment in the nature of a substitute that made technical 
changes and improvements to the bill. S. 1311 was ordered to be 
reported favorably with an amendment in the nature of a 
substitute by voice vote.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1311 on June 30, 2010. The bill was ordered to be 
reported favorably with an amendment in the nature of a 
substitute by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1311 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office (CBO) has found, ``S. 1311 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.''

               Congressional Budget Office Cost Estimate

                                                      July 8, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1311, the Gulf of 
Mexico Restoration and Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1311--Gulf of Mexico Restoration and Protection Act

    Summary: S. 1311 would authorize appropriations for the 
Gulf of Mexico Program Office within the Environmental 
Protection Agency (EPA). The office would be responsible for 
many activities related to supporting efforts to monitor, 
restore, and protect the water quality and marine ecosystems of 
the Gulf of Mexico. This legislation would authorize the 
appropriation of $90 million over the 2011-2014 period for 
program costs and grants to nonprofit organizations, state and 
local governments, colleges and universities, and interstate 
agencies for various activities, including researching the 
effects of environmental changes on the water quality of the 
Gulf of Mexico and developing and implementing restoration 
programs associated with the gulf's ecosystem.
    Assuming appropriation of the authorized funds, CBO 
estimates that implementing S. 1311 would cost $87 million over 
the 2011-2015 period and $3 million after 2015.
    Pay-as-you-go procedures would not apply to this 
legislation because it would not affect direct spending or 
revenues.
    S. 1311 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government-The estimated 
budgetary impact of S. 1311 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                                                                          2011-
                                                        2011      2012      2013      2014      2015      2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.................................        15        25        25        25         0        90
Estimated Outlays...................................         7        17        24        25        14        87
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1311 will be enacted near the beginning of fiscal year 2011 and 
that the authorized amounts will be appropriated in each year. 
Estimated outlays are based on historical spending patterns for 
similar grants and programs.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 1311 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. State and local governments, public 
colleges, and universities could benefit from grants authorized 
by the bill.
    Estimate prepared by: Federal costs: Susanne S. Mehlman; 
Impact on state, local, and tribal governments: Ryan Miller; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Sam Papenfuss, Unit Chief for Income 
Security and Education Cost Estimates Unit, Budget Analysis 
Division.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


Federal Water Pollution Control Act

           *       *       *       *       *       *       *


      Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 122. WET WEATHER WATERSHED PILOT PROJECTS.

  (a) In General.--* * *

           *       *       *       *       *       *       *


SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION.

  (a) Definitions.--In this section;
          (1) Gulf of mexico ecosystem.--The term `Gulf of 
        Mexico ecosystem' means the ecosystem of the Gulf of 
        Mexico and its watershed.
          (2) Gulf of mexico executive council.--The term `Gulf 
        of Mexico Executive Council' means the formal 
        collaborative Federal, State, local, and private 
        participants in the Program.
          (3) Program.--The term `Program' means the Gulf of 
        Mexico Program established by the Administrator in 1988 
        as a nonregulatory, inclusive partnership to provide a 
        broad geographic focus on the primary environmental 
        issues affecting the Gulf of Mexico.
          (4) Program office.--The term `Program Office' means 
        the office established by the Administrator to 
        administer the Program that is reestablished by 
        subsection (b)(1)(A).
  (b) Continuation of Gulf of Mexico Program.--
          (1) Gulf of mexico program office.--
                  (A) Reestablishment.--The Program Office 
                established before the date of enactment of 
                this section by the Administrator is 
                reestablished as an office of the Environmental 
                Protection Agency.
                  (B) Requirements.--The Program Office shall 
                be--
                          (i) headed by a Director who, by 
                        reason of management experience and 
                        technical expertise relating to the 
                        Gulf of Mexico, is highly qualified to 
                        direct the development of plans and 
                        programs on a variety of Gulf of Mexico 
                        issues, as determined by the 
                        Administrator; and
                          (ii) located in a State all or a 
                        portion of the coastline of which is on 
                        the Gulf of Mexico.
                  (C) Functions.--The Program Office shall--
                          (i) coordinate the actions of the 
                        Environmental Protection Agency with 
                        the actions of the appropriate 
                        officials of other Federal agencies and 
                        State and local authorities in 
                        developing strategies--
                                  (I) to improve the water 
                                quality and living resources in 
                                the Gulf of Mexico ecosystem; 
                                and
                                  (II) to obtain the support of 
                                appropriate officials;
                          (ii) in cooperation with appropriate 
                        Federal, State, and local authorities, 
                        assist in developing and implementing 
                        specific action plans to carry out the 
                        Program;
                          (iii) coordinate and implement 
                        priority State-led and community-led 
                        restoration plans and projects, and 
                        facilitate science, research, modeling, 
                        monitoring, data collection, and other 
                        activities that support the Program 
                        through the provision of grants under 
                        subsection (d);
                          (iv) implement outreach programs for 
                        public information, education, and 
                        participation to foster stewardship of 
                        the resources of the Gulf of Mexico;
                          (v) develop and make available, 
                        through publications, technical 
                        assistance, and other appropriate 
                        means, information pertaining to the 
                        environmental quality and living 
                        resources of the Gulf of Mexico 
                        ecosystem;
                          (vi) serve as the liaison with, and 
                        provide information to, the Mexican 
                        members of the Gulf of Mexico States 
                        Accord and Mexican counterparts of the 
                        Environmental Protection Agency; and
                          (vii) focus the efforts and resources 
                        of the Program Office on activities 
                        that will result in measurable 
                        improvements to water quality and 
                        living resources of the Gulf of Mexico 
                        ecosystem.
  (c) Interagency Agreements.--The Administrator may enter into 
1 or more interagency agreements with other Federal agencies to 
carry out this section.
  (d) Grants.--
          (1) In general.--In accordance with the Program, the 
        Administrator, acting through the Program Office, may 
        provide grants to nonprofit organizations, State and 
        local governments, colleges, universities, interstate 
        agencies, and individuals to carry out this section for 
        use in--
                  (A) monitoring the water quality and living 
                resources of the Gulf of Mexico ecosystem;
                  (B) researching the effects of natural and 
                human-induced environmental changes on the 
                water quality and living resources of the Gulf 
                of Mexico ecosystem;
                  (C) developing and executing cooperative 
                strategies that address the water quality and 
                living resource needs in the Gulf of Mexico 
                ecosystem;
                  (D) developing and implementing locally based 
                protection and restoration programs or projects 
                within a watershed that complement those 
                strategies, including the creation, 
                restoration, protection, or enhancement of 
                habitat associated with the Gulf of Mexico 
                ecosystem; and
                  (E) eliminating or reducing nonpoint sources 
                that discharge pollutants that contaminate the 
                Gulf of Mexico ecosystem, including activities 
                to eliminate leaking septic systems and 
                construct connections to local sewage systems.
          (2) Federal share.--The Federal share of the cost of 
        any project or activity carried out using a grant 
        provided under this section shall not exceed 75 
        percent, as determined by the Administrator.
          (3) Administrative costs.--Administrative costs in 
        the form of salaries, overhead, or indirect costs for 
        services provided and charged against programs or 
        projects carried out using funds made available through 
        a grant under this subsection shall not exceed 15 
        percent of the amount of the grant.
  (e) Reports.--
          (1) Annual report.--Not later than December 30, 2009, 
        and annually thereafter, the Director of the Program 
        Office shall submit to the Administrator and make 
        available to the public a report that describes--
                  (A) each project and activity funded under 
                this section during the previous fiscal year;
                  (B) the goals and objectives of those 
                projects and activities; and
                  (C) the net benefits of projects and 
                activities funded under this section during 
                previous fiscal years.
          (2) Assessment.--
                  (A) In general.--Not later than April 30, 
                2011, and every 5 years thereafter, the 
                Administrator, in coordination with the Gulf of 
                Mexico Executive Council, shall complete an 
                assessment, and submit to Congress a 
                comprehensive report on the performance, of the 
                Program.
                  (B) Requirements.--The assessment and report 
                described in subparagraph (A) shall--
                          (i) assess the overall state of the 
                        Gulf of Mexico ecosystem;
                          (ii) compare the current state of the 
                        Gulf of Mexico ecosystem with a 
                        baseline assessment;
                          (iii) include specific measures to 
                        assess any improvements in water 
                        quality and living resources of the 
                        Gulf of Mexico ecosystem;
                          (iv) assess the effectiveness of the 
                        Program management strategies being 
                        implemented, and the extent to which 
                        the priority needs of the region are 
                        being met through that implementation; 
                        and
                          (v) make recommendations for the 
                        improved management of the Program, 
                        including strengthening strategies 
                        being implemented or adopting improved 
                        strategies.
  (f) Budget Item.--The Administrator, in the annual submission 
to Congress of the budget of the Environmental Protection 
Agency, shall include a funding line item request for the 
Program Office as a separate budget line item.
  (g) Limitation on Regulatory Authority.--Nothing in this 
section establishes any new legal or regulatory authority of 
the Administrator other than the authority to provide grants in 
accordance with this section.
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section, to remain available 
until expended--
          (1) $10,000,000 for fiscal year 2010;
          (2) $15,000,000 for fiscal year 2011; and
          (3) $25,000,000 for each of fiscal years 2012 through 
        2014.

                                  
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