89–010 

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 qualVerDate Mar 15 2010 05:55 Aug 03, 2010 Jkt 089010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR241.XXX SR241

pwalker on DSK8KYBLC1PROD with HEARING
2 

ity 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, sciencebased 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 


pwalker on DSK8KYBLC1PROD with HEARING
3 

• 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. 


pwalker on DSK8KYBLC1PROD with HEARING
4 

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 2012 2013 2014 2015 2011– 

2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ........................................................... 15 25 25 25 0 90 


pwalker on DSK8KYBLC1PROD with HEARING
5 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011– 

2015 

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 øblack 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 nonVerDate Mar 15 2010 06:43 Aug 03, 2010 Jkt 089010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR241.XXX SR241

pwalker on DSK8KYBLC1PROD with HEARING
6 

regulatory, 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. 


pwalker on DSK8KYBLC1PROD with HEARING
7 

(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— 


pwalker on DSK8KYBLC1PROD with HEARING
8 

(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. 

Æ 


pwalker on DSK8KYBLC1PROD with HEARING