[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Presidential Documents]
[Pages 56749-56752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22807]


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  Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / 
Presidential Documents  

[[Page 56749]]


                Executive Order 13626 of September 10, 2012

                
Gulf Coast Ecosystem Restoration

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 311 of the Federal Water 
                Pollution Control Act (FWPCA) (33 U.S.C. 1321), section 
                1006 of the Oil Pollution Act of 1990 (33 U.S.C. 2706), 
                and section 301 of title 3, United States Code, it is 
                hereby ordered as follows:

                Section 1. Policy. Executive Order 13554 of October 5, 
                2010, was issued after the blowout and explosion of the 
                mobile offshore drilling unit Deepwater Horizon that 
                occurred on April 20, 2010, and resulted in the largest 
                oil spill in U.S. history (Deepwater Horizon Oil 
                Spill). Executive Order 13554 recognized the Gulf Coast 
                as a national treasure and addressed the longstanding 
                ecological decline of that region, which was compounded 
                by the Deepwater Horizon Oil Spill. In doing so, 
                Executive Order 13554 established a Gulf Coast 
                Ecosystem Restoration Task Force (Task Force) to 
                coordinate intergovernmental efforts, planning, and the 
                exchange of information in order to better implement 
                Gulf Coast ecosystem restoration and facilitate 
                appropriate accountability and support throughout the 
                restoration process.

                Since the implementation of Executive Order 13554, the 
                Federal Government's Gulf Coast ecosystem restoration 
                planning efforts have advanced significantly. The Task 
                Force's Gulf of Mexico Regional Ecosystem Restoration 
                Strategy (Strategy), created with input from Federal, 
                State, tribal, and local governments, and thousands of 
                involved citizens and organizations across the region, 
                serves as a comprehensive restoration plan for 
                addressing ecological concerns in the Gulf of Mexico. 
                In light of the release of the Strategy, the ongoing 
                work of the Natural Resource Damage Trustee Council 
                (Trustee Council) under the Oil Pollution Act, and the 
                recent passage of the Resources and Ecosystems 
                Sustainability, Tourist Opportunities, and Revived 
                Economies of the Gulf Coast States Act of 2012 (RESTORE 
                Act) (title I, subtitle F of Public Law 112-141), this 
                order affirms the Federal Government's Gulf Coast 
                ecosystem restoration efforts and realigns 
                responsibilities to ensure the most effective 
                governmental planning and coordination to reach these 
                goals.

                Sec. 2. Termination of the Gulf Coast Ecosystem 
                Restoration Task Force. The progress of the Task Force 
                is noteworthy. It has completed the Strategy and the 
                preliminary planning and coordination tasks that it was 
                intended to produce and has significantly advanced 
                important ecosystem restoration goals for the Gulf of 
                Mexico. In light of the recent creation, described 
                below, of the Gulf Coast Ecosystem Restoration Council 
                (Gulf Restoration Council), which will build upon the 
                Task Force's already successful collaboration between 
                Federal, State, and tribal governments and, as directed 
                by statute, include and incorporate in its proposed 
                comprehensive plan the findings and information 
                prepared by the Task Force, the Task Force shall 
                terminate no later than 60 days after the Gulf 
                Restoration Council commences its work. The functions 
                of the Task Force will be performed by the Gulf 
                Restoration Council and the Trustee Council to the 
                extent practicable, as set forth in this order. Prior 
                to its termination, the Task Force will provide such 
                assistance as is appropriate to the Gulf Restoration 
                Council.

[[Page 56750]]

                Sec. 3. The Gulf Coast Restoration Trust Fund and the 
                Gulf Coast Ecosystem Restoration Council.

                    (a) Gulf Coast Restoration Trust Fund. The RESTORE 
                Act, which was signed into law as part of the Moving 
                Ahead for Progress in the 21st Century Act (Public Law 
                112-141), established a mechanism for providing funding 
                to the Gulf region to restore ecosystems and rebuild 
                local economies damaged by the Deepwater Horizon Oil 
                Spill. The RESTORE Act established in the Treasury of 
                the United States the Gulf Coast Restoration Trust Fund 
                (Trust Fund), consisting of 80 percent of an amount 
                equal to any administrative and civil penalties paid 
                after the date of the RESTORE Act by the responsible 
                parties in connection with the Deepwater Horizon Oil 
                Spill to the United States pursuant to a court order, 
                negotiated settlement, or other instrument in 
                accordance with section 311 of the FWPCA (33 U.S.C. 
                1321).
                    (b) Gulf Coast Ecosystem Restoration Council. The 
                RESTORE Act established the Gulf Restoration Council, 
                an independent entity charged with developing a 
                comprehensive plan for ecosystem restoration in the 
                Gulf Coast (Comprehensive Plan), as well as any future 
                revisions to the Comprehensive Plan. Among its other 
                duties, the Gulf Restoration Council is tasked with 
                identifying projects and programs aimed at restoring 
                and protecting the natural resources and ecosystems of 
                the Gulf Coast region, to be funded from a portion of 
                the Trust Fund; establishing such other advisory 
                committees as may be necessary to assist the Gulf 
                Restoration Council, including a scientific advisory 
                committee and a committee to advise the Gulf 
                Restoration Council on public policy issues; gathering 
                information relevant to Gulf Coast restoration, 
                including through research, modeling, and monitoring; 
                and providing an annual report to the Congress on 
                implementation progress. Consistent with the RESTORE 
                Act, the Comprehensive Plan developed by the Gulf 
                Restoration Council will include provisions necessary 
                to fully incorporate the Strategy, projects, and 
                programs recommended by the Task Force.
                    (c) Federal members of the Gulf Restoration Council 
                and Trustee Council, as well as all Federal entities 
                involved in Gulf Coast restoration, shall work closely 
                with one another to advance their common goals, reduce 
                duplication, and maximize consistency among their 
                efforts. All Federal members are directed to consult 
                with each other and with all non-federal members in 
                carrying out their duties on the Gulf Restoration 
                Council.

                Sec. 4. Ongoing Role of the Natural Resource Damage 
                Assessment Trustee Council. (a) Executive Order 13554 
                recognized the role of the Trustee Council, and 
                designated trustees as provided in 33 U.S.C. 2706, with 
                trusteeship over natural resources injured, lost, or 
                destroyed as a result of the Deepwater Horizon Oil 
                Spill. Specifically, Executive Order 13554 recognized 
                the importance of carefully coordinating the work of 
                the Task Force with the Trustee Council, whose members 
                have statutory responsibility to assess natural 
                resources damages from the Deepwater Horizon Oil Spill, 
                to restore trust resources, and seek compensation for 
                lost use of those trust resources. Section 3(b) of 
                Executive Order 13554 instructed the Task Force to 
                ``support the Natural Resource Damage Assessment 
                process by referring potential ecosystem restoration 
                actions to the * * * Trustee Council for consideration 
                and facilitating coordination among the relevant 
                departments, agencies, and offices, as appropriate, 
                subject to the independent statutory responsibilities 
                of the trustees.'' The Department of Commerce (through 
                the National Oceanic and Atmospheric Administration), 
                the Department of the Interior (through the Fish and 
                Wildlife Service and the National Park Service), and 
                the Department of Justice have worked to identify 
                linkages and opportunities for the Task Force to 
                complement the restoration progress of the Trustee 
                Council.

                    (b) Section 7(e) of Executive Order 13554 provides 
                that nothing in that order shall interfere with the 
                statutory responsibilities and authority of the Trustee 
                Council or the individual trustees to carry out their 
                statutory responsibilities to assess natural resource 
                damages and implement restoration actions under 33 
                U.S.C. 2706 and other applicable law. Agencies that 
                were members of the Task Force shall continue to comply 
                with these requirements.


[[Page 56751]]



                Sec. 5. Designating Trustees for Natural Resource 
                Damage Assessment. Given their authorities, programs, 
                and expertise, the Environmental Protection Agency 
                (EPA) and the Department of Agriculture (USDA) have 
                institutional capacities that can contribute 
                significantly to the Natural Resource Damage Assessment 
                and restoration efforts, including scientific and 
                policy expertise as well as experience gained in the 
                Task Force process and other planning efforts in the 
                Gulf area. In addition, EPA's and USDA's relevant 
                authorities cover a range of natural resources and 
                their supporting ecosystems, including waters, 
                sediments, barrier islands, wetlands, soils, land 
                management, air resources, and drinking water supplies. 
                The inclusion of EPA and USDA as trustees participating 
                in the Natural Resource Damage Assessment and 
                restoration efforts will maximize coordination across 
                the Federal Government and enhance overall efficiencies 
                regarding Gulf Coast ecosystem restoration. 
                Accordingly, without limiting the designations in 
                Executive Order 12777 of October 18, 1991, or any other 
                existing designations, and pursuant to section 
                2706(b)(2) of title 33, United States Code, I hereby 
                designate the Administrator of EPA and the Secretary of 
                Agriculture as additional trustees for Natural Resource 
                Damage Assessment and restoration solely in connection 
                with injury to, destruction of, loss of, or loss of use 
                of natural resources, including their supporting 
                ecosystems, resulting from the Deepwater Horizon Oil 
                Spill. The addition of these Federal trustees does not, 
                in and of itself, alter any existing agreements among 
                or between the trustees and any other entity. All 
                Federal trustees are directed to consult, coordinate, 
                and cooperate with each other in carrying out all of 
                their trustee duties and responsibilities.

                The Administrator of EPA is hereby directed to revise 
                Subpart G of the National Oil and Hazardous Substances 
                Pollution Contingency Plan to reflect the designations 
                for the Deepwater Horizon Oil Spill discussed in this 
                section.

                Sec. 6. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department or agency, or the head 
thereof; or

(ii) the functions of the Trustee Council, or those of the Director of the 
Office of Management and Budget, relating to budgetary, administrative, or 
legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

[[Page 56752]]

                    (d) Executive Order 13554 of October 5, 2010, is 
                hereby revoked concurrent with the termination of the 
                Task Force under the terms described in section 2 of 
                this order. 
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, September 10, 2012.

[FR Doc. 2012-22807
Filed 9-12-12; 11:15 am]
Billing code 3295-F2-P