II 

Calendar No. 254 

112TH CONGRESS 

1ST SESSION S. 1400 

[Report No. 112–100] 

To restore the natural resources, ecosystems, fisheries, marine and wildlife 

habitats, beaches, and coastal wetlands of Gulf Coast States, to create 

jobs and revive the economic health of communities adversely affected 

by the explosion on, and sinking of, the mobile offshore drilling unit 

Deepwater Horizon, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2011 

Ms. LANDRIEU (for herself, Mr. SHELBY, Mr. VITTER, Mr. NELSON of Florida, Mr. RUBIO, Mr. SESSIONS, Mr. COCHRAN, Mr. WICKER, and Mrs. 

HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

DECEMBER 8, 2011 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands 

of Gulf Coast States, to create jobs and revive the economic health of communities adversely affected by the 

explosion on, and sinking of, the mobile offshore drilling 

unit Deepwater Horizon, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Resources and Eco5 systems Sustainability, Tourist Opportunities, and Re6 vived Economies of the Gulf Coast States Act of 2011’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 

9 (1) as a result of decades of oil and gas devel10 opment in the Gulf of Mexico, producing and non11 producing States in the Gulf Coast region have 

12 borne substantial risks of environmental damage and 

13 economic harm, all of which culminated with the ex14 plosion on, and sinking of, the mobile offshore drill15 ing unit Deepwater Horizon; 

16 (2) the discharge of oil in the Gulf of Mexico 

17 that began following the explosion on, and sinking 

18 of, the mobile offshore drilling unit Deepwater Hori19 zon has caused substantial environmental destruc20 tion and economic harm to the people and commu21 nities of the Gulf Coast region; 

22 (3)(A) in the report entitled ‘‘America’s Gulf 

23 Coast—A Long Term Recovery Plan after the Deep24 water Horizon Oil Spill’’, the Secretary of the Navy 

25 stated, ‘‘Together, the Gulf’s tourism and commerVerDate Mar 15 2010 01:24 Dec 09, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1400.RS S1400

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1 cial and recreational fishing industries contribute 

2 tens of billions of dollars to the U.S. economy. More 

3 than 90 percent of the nation’s offshore crude oil 

4 and natural gas is produced in the Gulf, and the 

5 federal treasury receives roughly $4.5 billion dollars 

6 every year from offshore leases and royalties. And it 

7 is in the Gulf of Mexico that nearly one third of sea8 food production in the continental U.S. is harvested. 

9 America needs a healthy and resilient Gulf Coast, 

10 one that can support the diverse economies, commu11 nities, and cultures of the region.’’; 

12 (B) to address the needs of the Gulf Coast re13 gion, the Secretary of the Navy stated, ‘‘It is rec14 ommended that the President urge Congress to pass 

15 legislation that would dedicate a significant amount 

16 of any civil penalties recovered under the Clean 

17 Water Act from parties responsible for the Deep18 water Horizon oil spill to those directly impacted by 

19 that spill.’’; and 

20 (C) to mitigate local challenges and help restore 

21 the resiliency of communities adversely affected by 

22 the spill, the Secretary of the Navy stated that the 

23 legislation described in subparagraph (B) should 

24 ‘‘[b]uild economic development strategies around 

25 community needs, and take particular efforts to adVerDate Mar 15 2010 01:24 Dec 09, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1400.RS S1400

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1 dress the needs of disadvantaged, underserved, and 

2 resource constrained communities’’; 

3 (4) in a final report to the President, the Na4 tional Commission on the BP Deepwater Horizon 

5 Oil Spill and Offshore Drilling— 

6 (A) stated, ‘‘Estimates of the cost of Gulf 

7 restoration, including but not limited to the 

8 Mississippi Delta, vary widely, but according to 

9 testimony before the Commission, full restora10 tion of the Gulf will require $15 billion to $20 

11 billion: a minimum of $500 million annually for 

12 30 years.’’; and 

13 (B) like the Secretary of the Navy, rec14 ommended that, to meet the needs described in 

15 subparagraph (A), a substantial portion of ap16 plicable penalties under the Federal Water Pol17 lution Control Act (33 U.S.C. 1251 et seq.) be 

18 dedicated to long-term restoration of the Gulf 

19 of Mexico; 

20 (5) taking into account the risks borne by Gulf 

21 Coast States for decades of oil and gas development 

22 and the environmental degradation suffered by the 

23 Gulf Coast ecosystem, the amounts received by the 

24 United States as payment of administrative, civil, or 

25 criminal penalties in connection with the explosion 


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1 on, and sinking of, the mobile offshore drilling unit 

2 Deepwater Horizon should be expended— 

3 (A) to restore the natural resources, eco4 systems, fisheries, marine and wildlife habitats, 

5 beaches, barrier islands, dunes, coastal wet6 lands, and economy of the Gulf Coast; and 

7 (B) to address the associated economic 

8 harm suffered by the people and communities 

9 of the region; 

10 (6) the projects and programs authorized by 

11 this Act and the amendments made by this Act 

12 should be carried out pursuant to contracts awarded 

13 in a manner that provides a preference to individuals 

14 and entities that reside in, are headquartered in, or 

15 are principally engaged in business in a Gulf Coast 

16 State; and 

17 (7) Federal, State, and local officials should 

18 seek— 

19 (A) to leverage the financial resources 

20 made available under this Act; and 

21 (B) to the maximum extent practicable, to 

22 ensure that projects funded pursuant to this 

23 Act complement efforts planned or in operation 

24 to revitalize the natural resources and economic 

25 health of the Gulf Coast region. 


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1 SEC. 3. GULF COAST RESTORATION TRUST FUND. 

2 (a) ESTABLISHMENT.—There is established in the 

3 Treasury of the United States a trust fund to be known 

4 as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 

5 in this section as the ‘‘Trust Fund’’), consisting of such 

6 amounts as are deposited in the Trust Fund under this 

7 Act or any other provision of law. 

8 (b) TRANSFERS.—The Secretary of the Treasury 

9 shall deposit in the Trust Fund an amount equal to 80 

10 percent of all administrative and civil penalties paid by 

11 responsible parties after the date of enactment of this Act 

12 in connection with the explosion on, and sinking of, the 

13 mobile offshore drilling unit Deepwater Horizon pursuant 

14 to a court order, negotiated settlement, or other instru15 ment in accordance with section 311 of the Federal Water 

16 Pollution Control Act (33 U.S.C. 1321). 

17 (c) EXPENDITURES.—Amounts in the Trust Fund, 

18 including interest earned on advances to the Trust Fund 

19 and proceeds from investment under subsection (d), 

20 shall— 

21 (1) be available for expenditure, without further 

22 appropriation, solely for the purpose and eligible ac23 tivities of this Act; and 

24 (2) remain available until expended, without fis25 cal year limitation. 


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1 (d) INVESTMENT.—Amounts in the Trust Fund shall 

2 be invested in accordance with section 9702 of title 31, 

3 United States Code, and any interest on, and proceeds 

4 from, any such investment shall be available for expendi5 ture in accordance with this Act and the amendments 

6 made by this Act. 

7 (e) ADMINISTRATION.—Not later than 180 days after 

8 the date of enactment of this Act, after providing notice 

9 and an opportunity for public comment, the Secretary of 

10 the Treasury, in consultation with the Secretary of the In11 terior and the Secretary of Commerce, shall establish such 

12 procedures as the Secretary determines to be necessary 

13 to deposit amounts in, and expend amounts from, the 

14 Trust Fund pursuant to this Act, including— 

15 (1) procedures to assess whether the programs 

16 and activities carried out under this Act and the 

17 amendments made by this Act achieve compliance 

18 with applicable requirements, including procedures 

19 by which the Secretary of the Treasury may deter20 mine whether an expenditure by a Gulf Coast State 

21 or coastal political subdivision (as those terms are 

22 defined in section 311 of the Federal Water Pollu23 tion Control Act (33 U.S.C. 1321)) pursuant to such 

24 a program or activity achieves compliance; 


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1 (2) auditing requirements to ensure that 

2 amounts in the Trust Fund are expended as in3 tended; and 

4 (3) procedures for identification and allocation 

5 of funds available to the Secretary under other pro6 visions of law that may be necessary to pay the ad7 ministrative expenses directly attributable to the 

8 management of the Trust Fund. 

9 SEC. 4. GULF COAST NATURAL RESOURCES RESTORATION 

10 AND ECONOMIC RECOVERY. 

11 Section 311 of the Federal Water Pollution Control 

12 Act (33 U.S.C. 1321) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (25)(B), by striking 

15 ‘‘and’’ at the end; 

16 (B) in paragraph (26)(D), by striking the 

17 period at the end and inserting a semicolon; 

18 and 

19 (C) by adding at the end the following: 

20 ‘‘(27) the term ‘Chairperson’ means the Chair21 person of the Council; 

22 ‘‘(28) the term ‘coastal political subdivision’ 

23 means any local political jurisdiction that is imme24 diately below the State level of government, includ25 ing a county, parish, or borough, with a coastline 


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1 that is contiguous with any portion of the United 

2 States Gulf of Mexico; 

3 ‘‘(29) the term ‘Comprehensive Plan’ means the 

4 comprehensive plan developed by the Council pursu5 ant to subsection (t); 

6 ‘‘(30) the term ‘Council’ means the Gulf Coast 

7 Ecosystem Restoration Council established pursuant 

8 to subsection (t); 

9 ‘‘(31) the term ‘Deepwater Horizon oil spill’ 

10 means the blowout and explosion of the mobile off11 shore drilling unit Deepwater Horizon that occurred 

12 on April 20, 2010, and resulting hydrocarbon re13 leases into the environment; 

14 ‘‘(32) the term ‘Gulf Coast ecosystem’ means— 

15 ‘‘(A) in the Gulf Coast States, the coastal 

16 zones (as that term is defined in section 304 of 

17 the Coastal Zone Management Act of 1972 (16 

18 U.S.C. 1453)) that border the Gulf of Mexico; 

19 ‘‘(B) any adjacent land, water, and water20 sheds, that are within 25 miles of those coastal 

21 zones of the Gulf Coast States; and 

22 ‘‘(C) all Federal waters in the Gulf of Mex23 ico; 


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1 ‘‘(33) the term ‘Gulf Coast State’ means any of 

2 the States of Alabama, Florida, Louisiana, Mis3 sissippi, and Texas; and 

4 ‘‘(34) the term ‘Trust Fund’ means the Gulf 

5 Coast Restoration Trust Fund established pursuant 

6 to section 3 of the Resources and Ecosystems Sus7 tainability, Tourist Opportunities, and Revived 

8 Economies of the Gulf Coast States Act of 2011.’’; 

9 (2) in subsection (s), by inserting ‘‘except as 

10 provided in subsection (t)’’ before the period at the 

11 end; and 

12 (3) by adding at the end the following: 

13 ‘‘(t) GULF COAST RESTORATION AND RECOVERY.— 

14 ‘‘(1) STATE ALLOCATION AND EXPENDI15 TURES.— 

16 ‘‘(A) IN GENERAL.—Of the total amounts 

17 made available in any fiscal year from the 

18 Trust Fund, 35 percent shall be available, in 

19 accordance with the requirements of this sec20 tion, to the Gulf Coast States in equal shares 

21 for expenditure for ecological and economic res22 toration of the Gulf Coast ecosystem in accord23 ance with this subsection. 

24 ‘‘(B) USE OF FUNDS.— 


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1 ‘‘(i) ELIGIBLE ACTIVITIES.—Amounts 

2 provided to the Gulf States under this sub3 section may only be used to carry out 1 or 

4 more of the following activities: 

5 ‘‘(I) Coastal restoration projects 

6 and activities, including conservation 

7 and coastal land acquisition. 

8 ‘‘(II) Mitigation of damage to, 

9 and restoration of, fish, wildlife, or 

10 natural resources. 

11 ‘‘(III) Implementation of a feder12 ally approved marine, coastal, or com13 prehensive conservation management 

14 plan, including fisheries monitoring. 

15 ‘‘(IV) Programs to promote tour16 ism in a Gulf Coast State. 

17 ‘‘(V) Programs to promote the 

18 consumption of seafood produced from 

19 the Gulf Coast ecosystem. 

20 ‘‘(VI) Programs to promote edu21 cation regarding the natural resources 

22 of the Gulf Coast ecosystem. 

23 ‘‘(VII) Planning assistance. 

24 ‘‘(VIII) Workforce development 

25 and job creation. 


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1 ‘‘(IX) Improvements to or upon 

2 State parks located in coastal areas 

3 affected by the Deepwater Horizon oil 

4 spill. 

5 ‘‘(X) Mitigation of the ecological 

6 and economic impact of outer Conti7 nental Shelf activities and the impacts 

8 of the Deepwater Horizon oil spill or 

9 promotion of the long-term ecological 

10 or economic recovery of the Gulf 

11 Coast ecosystem through the funding 

12 of infrastructure projects. 

13 ‘‘(XI) Coastal flood protection 

14 and infrastructure directly affected by 

15 coastal wetland losses, beach erosion, 

16 and the impacts of the Deepwater Ho17 rizon oil spill. 

18 ‘‘(XII) Administrative costs of 

19 complying with this subsection. 

20 ‘‘(ii) LIMITATION.— 

21 ‘‘(I) IN GENERAL.—Of the 

22 amounts received by a Gulf State 

23 under this subsection not more than 3 

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1 tive costs eligible under clause 

2 (i)(XII). 

3 ‘‘(II) PROHIBITION ON USE FOR

4 IMPORTED SEAFOOD.—None of the 

5 funds made available under this sub6 section shall be used for any program 

7 to support or promote imported sea8 food or any seafood product that is 

9 not harvested from the Gulf Coast 

10 ecosystem. 

11 ‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— 

12 ‘‘(i) IN GENERAL.—In the case of a 

13 State where the coastal zone includes the 

14 entire State— 

15 ‘‘(I) 75 percent of funding shall 

16 be provided to the 8 counties that 

17 were disproportionately impacted by 

18 the Deepwater Horizon Oil Spill; and 

19 ‘‘(II) 25 percent shall be provided 

20 to nondisproportionately impacted 

21 counties within the State. 

22 ‘‘(ii) LOUISIANA.—Of the total 

23 amounts made available to the State of 

24 Louisiana under this paragraph: 


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1 ‘‘(I) Seventy percent shall be pro2 vided directly to the State in accord3 ance with this subsection. 

4 ‘‘(II) Thirty percent shall be pro5 vided directly to parishes in the coast6 al zone (as defined in section 304 of 

7 the Coastal Zone Management Act of 

8 1972 (16 U.S.C. 1453)) of the State 

9 of Louisiana according to the fol10 lowing weighted formula: 

11 ‘‘(aa) Forty percent based 

12 on the weighted average of miles 

13 of the parish shoreline oiled. 

14 ‘‘(bb) Forty percent based 

15 on the weighted average of the 

16 population of the parish. 

17 ‘‘(cc) Twenty percent based 

18 on the weighted average of the 

19 land mass of the parish. 

20 ‘‘(iii) CONDITIONS.— 

21 ‘‘(I) LAND USE PLAN.—As a con22 dition of receiving amounts allocated 

23 under clause (ii), the chief executive 

24 of the eligible parish shall certify to 

25 the Governor of the State that the 


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1 parish has completed a comprehensive 

2 land use plan. 

3 ‘‘(II) OTHER CONDITIONS.—A 

4 coastal political subdivision receiving 

5 funding under this subsection shall 

6 meet all of the conditions in subpara7 graph (D). 

8 ‘‘(D) CONDITIONS.—As a condition of re9 ceiving amounts from the Trust Fund, a Gulf 

10 Coast State, including the entities described in 

11 subparagraph (E), or a coastal political subdivi12 sion shall— 

13 ‘‘(i) agree to meet such conditions, in14 cluding audit requirements, as the Sec15 retary of the Treasury determines nec16 essary to ensure that amounts disbursed 

17 from the Trust Fund will be used in ac18 cordance with this subsection; 

19 ‘‘(ii) certify in such form and in such 

20 manner as the Secretary of the Treasury 

21 determines necessary that the project or 

22 program for which the Gulf Coast State or 

23 coastal political subdivision is requesting 

24 amounts— 


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1 ‘‘(I) is designed to restore and 

2 protect the natural resources, eco3 systems, fisheries, marine and wildlife 

4 habitats, beaches, coastal wetlands, or 

5 economy of the Gulf Coast; 

6 ‘‘(II) carries out 1 or more of the 

7 activities described in subparagraph 

8 (B)(i); 

9 ‘‘(III) was selected based on 

10 meaningful input from the public, in11 cluding broad-based participation 

12 from individuals, businesses, and non13 profit organizations; and 

14 ‘‘(IV) in the case of a natural re15 source protection or restoration 

16 project, is based on the best available 

17 science; 

18 ‘‘(iii) certify that the project or pro19 gram and the awarding of a contract for 

20 the expenditure of amounts received under 

21 this subsection are consistent with the 

22 standard procurement rules and regula23 tions governing a comparable project or 

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1 cable competitive bidding and audit re2 quirements; and 

3 ‘‘(iv) develop and submit a multiyear 

4 implementation plan for use of those 

5 funds. 

6 ‘‘(E) APPROVAL BY STATE ENTITY, TASK

7 FORCE, OR AGENCY.—The following Gulf Coast 

8 State entities, task forces, or agencies shall 

9 carry out the duties of a Gulf Coast State pur10 suant to this paragraph: 

11 ‘‘(i) ALABAMA.— 

12 ‘‘(I) IN GENERAL.—In the State 

13 of Alabama, the Alabama Gulf Coast 

14 Recovery Council, which shall be com15 prised of only the following: 

16 ‘‘(aa) The Governor of Ala17 bama, who shall also serve as 

18 Chairperson and preside over the 

19 meetings of the Alabama Gulf 

20 Coast Recovery Council. 

21 ‘‘(bb) The Director of the 

22 Alabama State Port Authority, 

23 who shall also serve as Vice 

24 Chairperson and preside over the 

25 meetings of the Alabama Gulf 


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1 Coast Recovery Council in the 

2 absence of the Chairperson. 

3 ‘‘(cc) The Chairman of the 

4 Baldwin County Commission. 

5 ‘‘(dd) The President of the 

6 Mobile County Commission. 

7 ‘‘(ee) The Mayor of the city 

8 of Bayou La Batre. 

9 ‘‘(ff) The Mayor of the town 

10 of Dauphin Island. 

11 ‘‘(gg) The Mayor of the city 

12 of Fairhope. 

13 ‘‘(hh) The Mayor of the city 

14 of Gulf Shores. 

15 ‘‘(ii) The Mayor of the city 

16 of Mobile. 

17 ‘‘(jj) The Mayor of the city 

18 of Orange Beach. 

19 ‘‘(II) VOTE.—Each member of 

20 the Alabama Gulf Coast Recovery 

21 Council shall be entitled to 1 vote. 

22 ‘‘(III) MAJORITY VOTE.—All de23 cisions of the Alabama Gulf Coast Re24 covery Council shall be made by ma25 jority vote. 


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1 ‘‘(ii) LOUISIANA.—In the State of 

2 Louisiana, the Coastal Protection and Res3 toration Authority of Louisiana. 

4 ‘‘(iii) MISSISSIPPI.—In the State of 

5 Mississippi, the Mississippi Department of 

6 Environmental Quality. 

7 ‘‘(F) COMPLIANCE WITH ELIGIBLE ACTIVI8 TIES.—If the Secretary of the Treasury deter9 mines that an expenditure by a Gulf Coast 

10 State or coastal political subdivision of amounts 

11 made available under this subsection does not 

12 meet 1 of the activities described in subpara13 graph (B)(i), the Secretary shall make no addi14 tional amounts from the Trust Fund available 

15 to that Gulf Coast State or coastal political 

16 subdivision until such time as an amount equal 

17 to the amount expended for the unauthorized 

18 use— 

19 ‘‘(i) has been deposited by the Gulf 

20 Coast State or coastal political subdivision 

21 in the Trust Fund; or 

22 ‘‘(ii) has been authorized by the Sec23 retary of the Treasury for expenditure by 

24 the Gulf Coast State or coastal political 


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1 subdivision for a project or program that 

2 meets the requirements of this subsection. 

3 ‘‘(G) COMPLIANCE WITH CONDITIONS.—If 

4 the Secretary of the Treasury determines that 

5 a Gulf Coast State or coastal political subdivi6 sion does not meet the requirements of this 

7 subsection, including the conditions of subpara8 graph (D), where applicable, the Secretary of 

9 the Treasury shall make no amounts from the 

10 Trust Fund available to that Gulf Coast State 

11 or coastal political subdivision until all condi12 tions of this subsection are met. 

13 ‘‘(H) PUBLIC INPUT.—In meeting any con14 dition of this subsection, a Gulf Coast State 

15 may use an appropriate procedure for public 

16 consultation in that Gulf Coast State, including 

17 consulting with 1 or more established task 

18 forces or other entities, to develop recommenda19 tions for proposed projects and programs that 

20 would restore and protect the natural resources, 

21 ecosystems, fisheries, marine and wildlife habi22 tats, beaches, coastal wetlands, and economy of 

23 the Gulf Coast. 

24 ‘‘(I) PREVIOUSLY APPROVED PROJECTS

25 AND PROGRAMS.—A Gulf Coast State or coastal 


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1 political subdivision shall be considered to have 

2 met the conditions of subparagraph (D) for a 

3 specific project or program if, before the date of 

4 enactment of the Resources and Ecosystems 

5 Sustainability, Tourist Opportunities, and Re6 vived Economies of the Gulf Coast States Act 

7 of 2011— 

8 ‘‘(i) the Gulf Coast State or coastal 

9 political subdivision has established condi10 tions for carrying out projects and pro11 grams that are substantively the same as 

12 the conditions described in subparagraph 

13 (D); and 

14 ‘‘(ii) the applicable project or program 

15 carries out 1 or more of the activities de16 scribed in subparagraph (B)(ii). 

17 ‘‘(J) CONSULTATION WITH COUNCIL.—In 

18 carrying out this subsection, each Gulf Coast 

19 State shall seek the input of the Chairperson of 

20 the Council to identify large-scale projects that 

21 may be jointly supported by that Gulf Coast 

22 State and by the Council pursuant to the Com23 prehensive Plan with amounts provided under 

24 this subsection. 

25 ‘‘(K) NON-FEDERAL MATCHING FUNDS.— 


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1 ‘‘(i) IN GENERAL.—A Gulf Coast 

2 State or coastal political subdivision may 

3 use, in whole or in part, amounts made 

4 available to that Gulf Coast State from the 

5 Trust Fund to satisfy the non-Federal 

6 share of the cost of any project or program 

7 authorized by Federal law that meets the 

8 eligible use requirements under subpara9 graph (B)(i). 

10 ‘‘(ii) EFFECT ON OTHER FUNDS.— 

11 The use of funds made available from the 

12 Trust Fund to satisfy the non-Federal 

13 share of the cost of a project or program 

14 that meets the requirements of clause (i) 

15 shall not affect the priority in which other 

16 Federal funds are allocated or awarded. 

17 ‘‘(L) LOCAL PREFERENCE.—In awarding 

18 contracts to carry out a project or program 

19 under this subsection, a Gulf Coast State or 

20 coastal political subdivision may give a pref21 erence to individuals and companies that reside 

22 in, are headquartered in, or are principally en23 gaged in business in, a Gulf Coast State. 

24 ‘‘(M) UNUSED FUNDS.—Any Funds not 

25 identified in an implementation plan by a State 


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1 or coastal political subdivision in accordance 

2 with subparagraph (D)(iv) shall remain in the 

3 Trust Fund until such time as the State or 

4 coastal political subdivision to which the funds 

5 have been allocated develops and submits a plan 

6 identifying uses for those funds in accordance 

7 with subparagraph (D)(iv). 

8 ‘‘(N) JUDICIAL REVIEW.—If the Secretary 

9 of the Treasury determines that a Gulf Coast 

10 State or coastal political subdivision does not 

11 meet the requirements of this subsection, in12 cluding the conditions of subparagraph (D), the 

13 Gulf Coast State or coastal political subdivision 

14 may obtain expedited judicial review within 90 

15 days of that decision in a district court of the 

16 United States, of appropriate jurisdiction and 

17 venue, that is located within the State seeking 

18 such review. 

19 ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA20 TION.— 

21 ‘‘(A) IN GENERAL.—Of the total amount 

22 made available in any fiscal year from the 

23 Trust Fund, 60 percent shall be disbursed to 

24 the Council to carry out the Comprehensive 

25 Plan. 


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1 ‘‘(B) COUNCIL EXPENDITURES.— 

2 ‘‘(i) IN GENERAL.—In accordance 

3 with this paragraph, the Council shall se4 lect, and the Council shall undertake, 

5 projects and programs that would restore 

6 and protect the natural resources, eco7 systems, fisheries, marine and wildlife 

8 habitats, beaches, coastal wetlands, and 

9 economy of the Gulf Coast. 

10 ‘‘(ii) ALLOCATION AND EXPENDITURE

11 PROCEDURES.—The Secretary of the 

12 Treasury shall develop such conditions, in13 cluding audit requirements, as the Sec14 retary of the Treasury determines nec15 essary to ensure that amounts disbursed 

16 from the Trust Fund to the Council to im17 plement the Comprehensive Plan will be 

18 used in accordance with this paragraph. 

19 ‘‘(iii) ADMINISTRATIVE EXPENSES.— 

20 Of the amounts received by the Council 

21 under this subsection, not more than 3 

22 percent may be used for administrative ex23 penses. 

24 ‘‘(C) GULF COAST ECOSYSTEM RESTORA25 TION COUNCIL.— 


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1 ‘‘(i) ESTABLISHMENT.—There is es2 tablished as an independent entity in the 

3 Federal Government a council to be known 

4 as the ‘Gulf Coast Ecosystem Restoration 

5 Council’. 

6 ‘‘(ii) MEMBERSHIP.—The Council 

7 shall consist of the following members, or 

8 in the case of a Federal agency, a designee 

9 at the level of the Assistant Secretary or 

10 the equivalent: 

11 ‘‘(I) The Chair of the Council on 

12 Environmental Quality. 

13 ‘‘(II) The Secretary of the Inte14 rior. 

15 ‘‘(III) The Secretary of the 

16 Army. 

17 ‘‘(IV) The Secretary of Com18 merce. 

19 ‘‘(V) The Administrator of the 

20 Environmental Protection Agency. 

21 ‘‘(VI) The Secretary of Agri22 culture. 

23 ‘‘(VII) The head of the depart24 ment in which the Coast Guard is op25 erating. 


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1 ‘‘(VIII) The Governor of the 

2 State of Alabama. 

3 ‘‘(IX) The Governor of the State 

4 of Florida. 

5 ‘‘(X) The Governor of the State 

6 of Louisiana. 

7 ‘‘(XI) The Governor of the State 

8 of Mississippi. 

9 ‘‘(XII) The Governor of the State 

10 of Texas. 

11 ‘‘(iii) ALTERNATE.—A Governor ap12 pointed to the Council by the President 

13 may designate an alternate to represent 

14 the Governor on the Council. 

15 ‘‘(iv) CHAIRPERSON.—From among 

16 the Federal agency members of the Coun17 cil, the representatives of States on the 

18 Council shall select, and the President 

19 shall appoint, 1 Federal member to serve 

20 as Chairperson of the Council. 

21 ‘‘(v) PRESIDENTIAL APPOINTMENT.— 

22 All Council members shall be appointed by 

23 the President. 

24 ‘‘(vi) COUNCIL ACTIONS.— 


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1 ‘‘(I) IN GENERAL.—Subject to 

2 subclause (IV), significant actions by 

3 the Council shall require the affirma4 tive vote of the Federal Chairperson 

5 and a majority of the State members 

6 to be effective. 

7 ‘‘(II) INCLUSIONS.—Significant 

8 actions include but are not limited 

9 to— 

10 ‘‘(aa) approval of a Com11 prehensive Plan and future revi12 sions to a Comprehensive Plan; 

13 ‘‘(bb) approval of State 

14 plans pursuant to paragraph 

15 (3)(B)(iii); and 

16 ‘‘(cc) approval of reports to 

17 Congress pursuant to clause 

18 (vii)(X). 

19 ‘‘(III) QUORUM.—A quorum of 

20 State members shall be required to be 

21 present for the Council to take any 

22 significant action. 

23 ‘‘(IV) AFFIRMATIVE VOTE RE24 QUIREMENT DEEMED MET.—For ap25 proval of State plans pursuant to 


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1 paragraph (3)(B)(iv), the certification 

2 by a State member of the Council that 

3 the plan satisfies all requirements of 

4 clauses (i) and (ii) of paragraphs 

5 (3)(B), when joined by an affirmative 

6 vote of the Federal Chairperson of the 

7 Council, is deemed to satisfy the re8 quirements for affirmative votes under 

9 subclause (I). 

10 ‘‘(V) PUBLIC TRANSPARENCY.— 

11 Appropriate actions of the Council, in12 cluding votes on significant actions 

13 and associated deliberations, shall be 

14 made available to the public. 

15 ‘‘(vii) DUTIES OF COUNCIL.—The 

16 Council shall— 

17 ‘‘(I) develop the Comprehensive 

18 Plan, and future revisions to the Com19 prehensive Plan; 

20 ‘‘(II) identify as soon as prac21 ticable the projects that— 

22 ‘‘(aa) have been authorized 

23 prior to the date of enactment of 

24 this subsection but not yet com25 menced; and 


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1 ‘‘(bb) if implemented quick2 ly, would restore and protect the 

3 natural resources, ecosystems, 

4 fisheries, marine and wildlife 

5 habitats, beaches, barrier islands, 

6 dunes, and coastal wetlands of 

7 the Gulf Coast ecosystem; 

8 ‘‘(III) coordinate the development 

9 of consistent policies, strategies, 

10 plans, and activities by Federal agen11 cies, State and local governments, and 

12 private sector entities for addressing 

13 the restoration and protection of the 

14 Gulf Coast ecosystem; 

15 ‘‘(IV) establish such other advi16 sory committee or committees as may 

17 be necessary to assist the Council, in18 cluding to address public policy and 

19 scientific issues; 

20 ‘‘(V) coordinate scientific and 

21 other research associated with restora22 tion of the Gulf Coast ecosystem; 

23 ‘‘(VI) seek to ensure that all poli24 cies, strategies, plans, and activities 

25 for addressing the restoration of the 


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1 Gulf Coast ecosystem are based on 

2 the best available physical, ecological, 

3 and economic data; 

4 ‘‘(VII) make recommendations to 

5 address the particular needs of espe6 cially economically and socially vulner7 able populations; 

8 ‘‘(VIII) develop standard terms 

9 to include in contracts for projects 

10 and programs awarded pursuant to 

11 the Comprehensive Plan that provide 

12 a preference to individuals and com13 panies that reside in, are 

14 headquartered in, or are principally 

15 engaged in business in, a Gulf Coast 

16 State; 

17 ‘‘(IX) prepare an integrated fi18 nancial plan and recommendations for 

19 coordinated budget requests for the 

20 amounts proposed to be expended by 

21 the Federal agencies represented on 

22 the Council for projects and programs 

23 in the Gulf Coast States; and 

24 ‘‘(X) submit an annual report to 

25 Congress that— 


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1 ‘‘(aa) summarizes the poli2 cies, strategies, plans, and activi3 ties for addressing the restora4 tion and protection of the Gulf 

5 Coast ecosystem; 

6 ‘‘(bb) describes the projects 

7 and programs being implemented 

8 to restore and protect the Gulf 

9 Coast ecosystem; and 

10 ‘‘(cc) makes such rec11 ommendations to Congress for 

12 modifications of existing laws as 

13 the Council determines necessary 

14 to implement the Comprehensive 

15 Plan. 

16 ‘‘(viii) APPLICATION OF FEDERAL AD17 VISORY COMMITTEE ACT.—The Council, or 

18 any other advisory committee established 

19 under this subsection, shall not be consid20 ered an advisory committee under the Fed21 eral Advisory Committee Act (5 U.S.C. 

22 App.). 

23 ‘‘(D) COMPREHENSIVE PLAN.— 

24 ‘‘(i) PROPOSED PLAN.— 


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1 ‘‘(I) IN GENERAL.—Not later 

2 than 180 days after the date of enact3 ment of the Resources and Eco4 systems Sustainability, Tourist Op5 portunities, and Revived Economies of 

6 the Gulf Coast States Act of 2011, 

7 the Chairperson, on behalf of the 

8 Council, shall publish a proposed plan 

9 to restore and protect the natural re10 sources, ecosystems, fisheries, marine 

11 and wildlife habitats, beaches, and 

12 coastal wetlands of the Gulf Coast 

13 ecosystem. 

14 ‘‘(II) CONTENTS.—The proposed 

15 plan described in subclause (I) shall 

16 include and incorporate the findings 

17 and information prepared by the 

18 President’s Gulf Coast Restoration 

19 Task Force. 

20 ‘‘(ii) PUBLICATION.— 

21 ‘‘(I) INITIAL PLAN.—Not later 

22 than 1 year after date of enactment of 

23 the Resources and Ecosystems Sus24 tainability, Tourist Opportunities, and 

25 Revived Economies of the Gulf Coast 


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1 States Act of 2011 and after notice 

2 and opportunity for public comment, 

3 the Chairperson, on behalf of the 

4 Council and after approval by the 

5 Council, shall publish in the Federal 

6 Register the initial Comprehensive 

7 Plan to restore and protect the nat8 ural resources, ecosystems, fisheries, 

9 marine and wildlife habitats, beaches, 

10 and coastal wetlands of the Gulf 

11 Coast ecosystem. 

12 ‘‘(II) COOPERATION WITH GULF

13 COAST RESTORATION TASK FORCE.— 

14 The Council shall develop the initial 

15 Comprehensive Plan in close coordina16 tion with the President’s Gulf Coast 

17 Restoration Task Force. 

18 ‘‘(III) CONSIDERATIONS.—In de19 veloping the initial Comprehensive 

20 Plan, the Council shall consider all 

21 relevant findings or reports submitted 

22 by a center of excellence participating 

23 in the Gulf Coast Ecosystem Restora24 tion Science, Monitoring, and Tech25 nology Program established pursuant 


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1 to section 5(c) of the Resources and 

2 Ecosystems Sustainability, Tourist 

3 Opportunities, and Revived Economies 

4 of the Gulf Coast States Act of 2011. 

5 ‘‘(IV) CONTENTS.—The initial 

6 Comprehensive Plan shall include— 

7 ‘‘(aa) such provisions as are 

8 necessary to fully incorporate in 

9 the Comprehensive Plan the 

10 strategy, projects, and programs 

11 recommended by the President’s 

12 Gulf Coast Restoration Task 

13 Force; 

14 ‘‘(bb) a list of any project or 

15 program authorized prior to the 

16 date of enactment of this sub17 section but not yet commenced, 

18 the completion of which would 

19 further the purposes and goals of 

20 this subsection and of the Re21 sources and Ecosystems Sustain22 ability, Tourist Opportunities, 

23 and Revived Economies of the 

24 Gulf Coast States Act of 2011; 


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1 ‘‘(cc) a description of the 

2 manner in which amounts from 

3 the Trust Fund projected to be 

4 made available to the Council for 

5 the succeeding 10 years will be 

6 allocated; and 

7 ‘‘(dd) subject to available 

8 funding in accordance with clause 

9 (iii), a prioritized list of specific 

10 projects and programs to be 

11 funded and carried out during 

12 the 3-year period immediately 

13 following the date of publication 

14 of the initial Comprehensive 

15 Plan, including a table that illus16 trates the distribution of projects 

17 and programs by Gulf Coast 

18 State. 

19 ‘‘(V) PLAN UPDATES.—The 

20 Council shall update— 

21 ‘‘(aa) the Comprehensive 

22 Plan every 5 years in a manner 

23 comparable to the manner estab24 lished in this subsection for each 

25 5-year period for which amounts 


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1 are expected to be made available 

2 to the Gulf Coast States from the 

3 Trust Fund; and 

4 ‘‘(bb) the 3-year list of 

5 projects and programs described 

6 in subclause (IV)(dd) annually. 

7 ‘‘(iii) RESTORATION PRIORITIES.—Ex8 cept for projects and programs described 

9 in subclause (IV)(bb), in selecting projects 

10 and programs to include on the 3-year list 

11 described in subclause (IV)(dd), based on 

12 the best available science, the Council shall 

13 give highest priority to projects that ad14 dress 1 or more of the following criteria: 

15 ‘‘(I) Projects that are projected 

16 to make the greatest contribution to 

17 restoring and protecting the natural 

18 resources, ecosystems, fisheries, ma19 rine and wildlife habitats, beaches, 

20 and coastal wetlands of the Gulf 

21 Coast ecosystem, without regard to 

22 geographic location. 

23 ‘‘(II) Large-scale projects and 

24 programs that are projected to sub25 stantially contribute to restoring and 


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1 protecting the natural resources, eco2 systems, fisheries, marine and wildlife 

3 habitats, beaches, and coastal wet4 lands of the Gulf Coast ecosystem. 

5 ‘‘(III) Projects contained in exist6 ing Gulf Coast State comprehensive 

7 plans for the restoration and protec8 tion of natural resources, ecosystems, 

9 fisheries, marine and wildlife habitats, 

10 beaches, and coastal wetlands of the 

11 Gulf Coast ecosystem. 

12 ‘‘(IV) Projects that restore long13 term resiliency of the natural re14 sources, ecosystems, fisheries, marine 

15 and wildlife habitats, beaches, and 

16 coastal wetlands most impacted by the 

17 Deepwater Horizon oil spill. 

18 ‘‘(E) IMPLEMENTATION.— 

19 ‘‘(i) IN GENERAL.—The Council, act20 ing through the member agencies and Gulf 

21 Coast States, may carry out projects and 

22 programs adopted in the Comprehensive 

23 Plan. 

24 ‘‘(ii) ADMINISTRATIVE RESPONSI25 BILITY.— 


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1 ‘‘(I) IN GENERAL.—Primary au2 thority and responsibility for each 

3 project and program included in the 

4 Comprehensive Plan shall be assigned 

5 by the Council to a Gulf Coast State 

6 represented on the Council or a Fed7 eral agency. 

8 ‘‘(II) TRANSFER OF AMOUNTS.— 

9 Amounts necessary to carry out each 

10 project or program included in the 

11 Comprehensive Plan shall be trans12 ferred by the Secretary of the Treas13 ury from the Trust Fund to that Fed14 eral agency or Gulf Coast State as the 

15 project or program is implemented, 

16 subject to such conditions as the Sec17 retary of the Treasury, in consultation 

18 with the Secretary of the Interior and 

19 the Secretary of Commerce, estab20 lished pursuant to section 3 of the Re21 sources and Ecosystems Sustain22 ability, Tourist Opportunities, and Re23 vived Economies of the Gulf Coast 

24 States Act of 2011. 

25 ‘‘(iii) COST SHARING.— 


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1 ‘‘(I) IN GENERAL.—A Gulf Coast 

2 State or coastal political subdivision 

3 may use, in whole or in part, amounts 

4 made available to that Gulf Coast 

5 State or coastal political subdivision 

6 from the Trust Fund to satisfy the 

7 non-Federal share of the cost of car8 rying a project or program that— 

9 ‘‘(aa) is authorized by other 

10 Federal law; and 

11 ‘‘(bb) meets the criteria of 

12 this paragraph. 

13 ‘‘(II) INCLUSION IN COMPREHEN14 SIVE PLAN.—A project or program de15 scribed in subclause (I) shall be se16 lected and adopted by the Council as 

17 part of the Comprehensive Plan in the 

18 manner described in this paragraph. 

19 ‘‘(F) COORDINATION.—The Council and 

20 the Federal members of the Council may de21 velop Memorandums of Understanding estab22 lishing integrated funding and implementation 

23 plans among the member agencies and authori24 ties. 


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1 ‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA2 TION.— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 paragraph (4), of the total amount made avail5 able to the Council under paragraph (2) in any 

6 fiscal year from the Trust Fund, 50 percent 

7 shall be disbursed by the Council as follows: 

8 ‘‘(i) FORMULA.—Subject to subpara9 graph (B), for each Gulf Coast State, the 

10 amount disbursed under this paragraph 

11 shall be based on a formula established by 

12 the Council by regulation that is based on 

13 a weighted average of the following cri14 teria: 

15 ‘‘(I) Forty percent based on the 

16 proportionate number of miles of 

17 shoreline in each Gulf Coast State 

18 that experienced oiling as of April 10, 

19 2011, compared to the total number 

20 of miles of shoreline that experienced 

21 oiling as a result of the Deepwater 

22 Horizon oil spill. 

23 ‘‘(II) Forty percent based on the 

24 inverse proportion of the average dis25 tance from the Deepwater Horizon oil 


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1 rig to the nearest and farthest point 

2 of the shoreline that experienced oil3 ing of each Gulf Coast State. 

4 ‘‘(III) Twenty percent based on 

5 the average population in the 2010 

6 decennial census of coastal counties 

7 bordering the Gulf of Mexico within 

8 each Gulf Coast State. 

9 ‘‘(ii) MINIMUM ALLOCATION.—The 

10 amount disbursed to a Gulf Coast State 

11 for each fiscal year under clause (i) shall 

12 be at least 5 percent of the total amounts 

13 made available under this paragraph. 

14 ‘‘(B) APPROVAL OF PROJECTS AND PRO15 GRAMS.— 

16 ‘‘(i) IN GENERAL.—The Council shall 

17 disburse amounts to the respective Gulf 

18 Coast States in accordance with the for19 mula developed under subparagraph (A), 

20 subject to the condition that each Gulf 

21 Coast State submits a plan for the expend22 iture of amounts disbursed under this 

23 paragraph which meet the following cri24 teria: 


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1 ‘‘(I) All projects, programs, and 

2 activities included in that plan are eli3 gible activities pursuant to paragraph 

4 (1)(B)(i). 

5 ‘‘(II) The projects, programs, 

6 and activities included in that plan 

7 contribute to the overall economic and 

8 ecological recovery of the Gulf Coast. 

9 ‘‘(III) The plan takes into con10 sideration the Comprehensive Plan 

11 and is consistent with its goals and 

12 objectives, as described in paragraph 

13 (2)(B)(i). 

14 ‘‘(ii) FUNDING.— 

15 ‘‘(I) IN GENERAL.—Except as 

16 provided in subclause (II), the plan 

17 described in clause (i) may use not 

18 more than 25 percent of the funding 

19 made available for infrastructure 

20 projects eligible under subclauses (X) 

21 and (XI) of paragraph (1)(B)(i). 

22 ‘‘(II) EXCEPTION.—The plan de23 scribed in clause (i) may propose to 

24 use more than 25 percent of the fund25 ing made available for infrastructure 


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1 projects eligible under subclauses (X) 

2 and (XI) of paragraph (1)(B)(i) if the 

3 plan certifies that— 

4 ‘‘(aa) ecosystem restoration 

5 needs in the State will be ad6 dressed by the projects in the 

7 proposed plan; and 

8 ‘‘(bb) additional investment 

9 in infrastructure is required to 

10 mitigate the impacts of the Deep11 water Horizon Oil Spill to the 

12 ecosystem or economy. 

13 ‘‘(iii) DEVELOPMENT.—The plan de14 scribed in clause (i) shall be developed 

15 by— 

16 ‘‘(I) in the State of Alabama, the 

17 Alabama Gulf Coast Recovery Council 

18 established under paragraph (1)(E)(i); 

19 ‘‘(II) in the State of Florida, the 

20 State or a consortia of local political 

21 subdivisions; 

22 ‘‘(III) in the State of Louisiana, 

23 the Coastal Protection and Restora24 tion Authority of Louisiana; and 


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1 ‘‘(IV) in the state of Texas, the 

2 Office of the Governor or an ap3 pointee of the Office of the Governor. 

4 ‘‘(iv) APPROVAL.—Not later than 60 

5 days after the date on which a plan is sub6 mitted under clause (i), the Council shall 

7 approve or disapprove the plan based on 

8 the conditions of clause (i). 

9 ‘‘(C) DISAPPROVAL.—If the Council dis10 approves a plan pursuant to subparagraph 

11 (B)(iv), the Council shall— 

12 ‘‘(i) provide the reasons for dis13 approval in writing; and 

14 ‘‘(ii) consult with the State to address 

15 any identified deficiencies with the State 

16 plan. 

17 ‘‘(D) FAILURE TO SUBMIT ADEQUATE

18 PLAN.—If a State fails to submit an adequate 

19 plan under this subsection, any funds made 

20 available under this subsection shall remain in 

21 the Trust Fund until such date as a plan is 

22 submitted and approved pursuant to this sub23 section. 

24 ‘‘(E) JUDICIAL REVIEW.—If the Council 

25 fails to approve or take action within 60 days 


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1 on a plan described in subparagraph (B)(iv), 

2 the State may obtain expedited judicial review 

3 within 90 days of that decision in a district 

4 court of the United States, of appropriate juris5 diction and venue, that is located within the 

6 State seeking such review. 

7 ‘‘(4) AUTHORIZATION OF INTEREST TRANS8 FERS.— 

9 ‘‘(A) IN GENERAL.—Of the total amount 

10 made available in any fiscal year from the 

11 Trust Fund, an amount equal to 50 percent of 

12 the interest earned by the Trust Fund and pro13 ceeds from investments made by the Trust 

14 Fund for the preceding fiscal year shall be 

15 transferred to the Gulf of Mexico Research En16 dowment established by subparagraph (B). 

17 ‘‘(B) GULF OF MEXICO RESEARCH ENDOW18 MENT.— 

19 ‘‘(i) IN GENERAL.—There is estab20 lished in the Treasury of the United States 

21 a trust fund to be known as the ‘Gulf of 

22 Mexico Research Endowment’, to be ad23 ministered by the Secretary of Commerce, 

24 solely for use in providing long-term fund25 ing in accordance with section 5 of the ReVerDate Mar 15 2010 01:24 Dec 09, 2011 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6401 E:\BILLS\S1400.RS S1400

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1 sources and Ecosystems Sustainability, 

2 Tourist Opportunities, and Revived Econo3 mies of the Gulf Coast States Act of 2011. 

4 ‘‘(ii) INVESTMENT.—Amounts in the 

5 Gulf of Mexico Research Endowment shall 

6 be invested in accordance with section 

7 9602 of the Internal Revenue Code of 

8 1986, and any interest on, and proceeds 

9 from, any such investment shall be avail10 able for expenditure and shall be allocated 

11 in equal portions to the Gulf Coast Eco12 system Restoration Science, Monitoring, 

13 and Technology Program and Fisheries 

14 Endowment established in section 5 of the 

15 Resources and Ecosystems Sustainability, 

16 Tourist Opportunities, and Revived Econo17 mies of the Gulf Coast States Act of 

18 2011.’’. 

19 SEC. 5. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 

20 OBSERVATION, MONITORING, AND TECH21 NOLOGY PROGRAM. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the National 

25 Oceanic and Atmospheric Administration. 


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1 (2) FISHERIES AND ECOSYSTEM ENDOW2 MENT.—The term ‘‘Fisheries and Ecosystem En3 dowment’’ means the endowment established by sub4 section (d). 

5 (3) PROGRAM.—The term ‘‘Program’’ means 

6 the Gulf Coast Ecosystem Restoration Science, Ob7 servation, Monitoring, and Technology Program es8 tablished by subsection (b). 

9 (b) ESTABLISHMENT OF PROGRAM.—There is estab10 lished within the National Oceanic and Atmospheric Ad11 ministration a program to be known as the ‘‘Gulf Coast 

12 Ecosystem Restoration Science, Observation, Monitoring, 

13 and Technology Program’’, to be carried out by the Ad14 ministrator. 

15 (c) CENTERS OF EXCELLENCE.— 

16 (1) IN GENERAL.—In carrying out the Pro17 gram, the Administrator shall make grants in ac18 cordance with paragraph (2) to establish and oper19 ate 5 centers of excellence, 1 of which shall be lo20 cated in each of the States of Alabama, Florida, 

21 Louisiana, Mississippi, and Texas. 

22 (2) GRANTS.— 

23 (A) IN GENERAL.—The Administrator 

24 shall use the amounts made available to carry 

25 out this section to award competitive grants to 


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1 nongovernmental entities and consortia in the 

2 Gulf Coast region (including public and private 

3 institutions of higher education) for the estab4 lishment of centers of excellence as described in 

5 paragraph (1). 

6 (B) APPLICATION.—To be eligible to re7 ceive a grant under this paragraph, an entity or 

8 consortium described in subparagraph (A) shall 

9 submit to the Administrator an application at 

10 such time, in such manner, and containing such 

11 information as the Administrator determines to 

12 be appropriate. 

13 (C) PRIORITY.—In awarding grants under 

14 this paragraph, the Administrator shall give 

15 priority to entities and consortia that dem16 onstrate the ability to establish the broadest 

17 cross-section of participants with interest and 

18 expertise in any discipline described in para19 graph (3) on which the proposed curriculum of 

20 the center of excellence will be focused. 

21 (3) DISCIPLINES.—Each center of excellence 

22 shall focus the curriculum of the center on science, 

23 technology, and monitoring in at least 1 of the fol24 lowing disciplines: 


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1 (A) Coastal and deltaic sustainability, res2 toration and protection; including solutions and 

3 technology that allow citizens to live safely and 

4 sustainably in a coastal delta. 

5 (B) Coastal fisheries and wildlife eco6 system research and monitoring. 

7 (C) Offshore energy development, including 

8 research and technology to improve the sustain9 able and safe development of energy resources. 

10 (D) Sustainable and resilient growth, eco11 nomic and commercial development in the Gulf 

12 Coast. 

13 (E) Comprehensive observation, moni14 toring, and mapping of the Gulf of Mexico. 

15 (4) COORDINATION WITH OTHER PROGRAMS.— 

16 The Administrator shall develop a plan for the co17 ordination of projects and activities between the Pro18 gram and other existing Federal and State science 

19 and technology programs in the States of Alabama, 

20 Florida, Louisiana, Mississippi, and Texas, as well 

21 as between the centers of excellence. 

22 (d) ESTABLISHMENT OF FISHERIES AND ECOSYSTEM

23 ENDOWMENT.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of this Act, the Council 


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1 shall establish a fishery and ecosystem endowment 

2 to ensure, to the maximum extent practicable, the 

3 long-term sustainability of the ecosystem, fish 

4 stocks, fish habitat and the recreational, commercial, 

5 and charter fishing industry in the Gulf of Mexico. 

6 (2) EXPENDITURE OF FUNDS.—For each fiscal 

7 year, amounts made available to carry out this sub8 section may be expended for, with respect to the 

9 Gulf of Mexico— 

10 (A) marine and estuarine research; 

11 (B) marine and estuarine ecosystem moni12 toring; 

13 (C) data collection and stock assessments; 

14 (D) pilot programs for— 

15 (i) fishery independent data; and 

16 (ii) reduction of exploitation of spawn17 ing aggregations; and 

18 (E) cooperative research. 

19 (3) ADMINISTRATION AND IMPLEMENTATION.— 

20 The Fisheries and Ecosystem Endowment shall be 

21 administered by the Administrator of the National 

22 Oceanic and Atmospheric Administration with guid23 ance provided by the Regional Gulf of Mexico Fish24 ery Management Council. 


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1 (4) SPECIES INCLUDED.—The Fisheries and 

2 Ecosystem Endowment will include all marine, estu3 arine, aquaculture, and fish and wildlife species in 

4 State and Federal waters of the Gulf of Mexico. 

5 (5) RESEARCH PRIORITIES.—In distributing 

6 funding under this subsection, priority shall be given 

7 to integrated, long-term projects that— 

8 (A) build on, or are coordinated with, re9 lated research activities; and 

10 (B) address current or anticipated marine 

11 ecosystem, fishery, or wildlife management in12 formation needs. 

13 (6) DUPLICATION.—In carrying out this sub14 section, the Administrator shall seek to avoid dupli15 cation of other research and monitoring activities. 

16 (e) FUNDING.—Except as provided in subsection 

17 (t)(4) of section 311 of the Federal Water Pollution Con18 trol Act (33 U.S.C. 1321), of the total amount made avail19 able for each fiscal year for the Gulf Coast Restoration 

20 Trust Fund established under section 3, 5 percent shall 

21 be allocated in equal portions to the Program and Fish22 eries and Ecosystem Endowment established by this sec23 tion. 


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1 SEC. 6. EFFECT. 

2 (a) IN GENERAL.—Nothing in this Act or any 

3 amendment made by this Act— 

4 (1) supersedes or otherwise affects any provi5 sion of Federal law, including, in particular, laws 

6 providing recovery for injury to natural resources 

7 under the Oil Pollution Act of 1990 (33 U.S.C. 

8 2701 et seq.) and laws for the protection of public 

9 health and the environment; or 

10 (2) applies to any fine collected under section 

11 311 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1321) for any incident other than the Deep13 water Horizon oil spill. 

14 (b) USE OF FUNDS.—Funds made available under 

15 this Act may be used only for eligible activities specifically 

16 authorized by this Act. 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Resources and Eco19 systems Sustainability, Tourist Opportunities, and Revived 

20 Economies of the Gulf Coast States Act of 2011’’. 

21 SEC. 2. FINDINGS. 

22 Congress finds that— 

23 (1) as a result of decades of oil and gas develop24 ment in the Gulf of Mexico, producing and nonpro25 ducing States in the Gulf Coast region have borne 

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1 nomic harm, all of which culminated with the explo2 sion on, and sinking of, the mobile offshore drilling 

3 unit Deepwater Horizon; 

4 (2) the discharge of oil in the Gulf of Mexico that 

5 began following the explosion on, and sinking of, the 

6 mobile offshore drilling unit Deepwater Horizon has 

7 caused substantial environmental destruction and eco8 nomic harm to the people and communities of the 

9 Gulf Coast region; 

10 (3)(A) in the report entitled ‘‘America’s Gulf 

11 Coast—A Long Term Recovery Plan after the Deep12 water Horizon Oil Spill’’, the Secretary of the Navy 

13 stated, ‘‘Together, the Gulf’s tourism and commercial 

14 and recreational fishing industries contribute tens of 

15 billions of dollars to the U.S. economy. More than 90 

16 percent of the nation’s offshore crude oil and natural 

17 gas is produced in the Gulf, and the federal treasury 

18 receives roughly $4.5 billion dollars every year from 

19 offshore leases and royalties. And it is in the Gulf of 

20 Mexico that nearly one third of seafood production in 

21 the continental U.S. is harvested. America needs a 

22 healthy and resilient Gulf Coast, one that can support 

23 the diverse economies, communities, and cultures of 

24 the region.’’; 


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1 (B) to address the needs of the Gulf Coast region, 

2 the Secretary of the Navy stated, ‘‘It is recommended 

3 that the President urge Congress to pass legislation 

4 that would dedicate a significant amount of any civil 

5 penalties recovered under the Clean Water Act from 

6 parties responsible for the Deepwater Horizon oil spill 

7 to those directly impacted by that spill.’’; and 

8 (C) to mitigate local challenges and help restore 

9 the resiliency of communities adversely affected by the 

10 spill, the Secretary of the Navy stated that the legisla11 tion described in subparagraph (B) should ‘‘[b]uild 

12 economic development strategies around community 

13 needs, and take particular efforts to address the needs 

14 of disadvantaged, underserved, and resource con15 strained communities’’; 

16 (4) in a final report to the President, the Na17 tional Commission on the BP Deepwater Horizon Oil 

18 Spill and Offshore Drilling— 

19 (A) stated, ‘‘Estimates of the cost of Gulf 

20 restoration, including but not limited to the Mis21 sissippi Delta, vary widely, but according to tes22 timony before the Commission, full restoration of 

23 the Gulf will require $15 billion to $20 billion: 

24 a minimum of $500 million annually for 30 

25 years.’’; and 


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1 (B) like the Secretary of the Navy, rec2 ommended that, to meet the needs described in 

3 subparagraph (A), a substantial portion of ap4 plicable penalties under the Federal Water Pollu5 tion Control Act (33 U.S.C. 1251 et seq.) be dedi6 cated to long-term restoration of the Gulf of Mex7 ico; 

8 (5) taking into account the risks borne by Gulf 

9 Coast States for decades of oil and gas development 

10 and the environmental degradation suffered by the 

11 Gulf Coast ecosystem, the amounts received by the 

12 United States as payment of administrative, civil, or 

13 criminal penalties in connection with the explosion 

14 on, and sinking of, the mobile offshore drilling unit 

15 Deepwater Horizon should be expended— 

16 (A) to restore the natural resources, eco17 systems, fisheries, marine and wildlife habitats, 

18 beaches, barrier islands, dunes, coastal wetlands, 

19 and economy of the Gulf Coast; and 

20 (B) to address the associated economic harm 

21 suffered by the people and communities of the re22 gion; 

23 (6) the projects and programs authorized by this 

24 Act and the amendments made by this Act should be 

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1 ner that provides a preference to individuals and en2 tities that reside in, are headquartered in, or are 

3 principally engaged in business in a Gulf Coast 

4 State; and 

5 (7) Federal, State, and local officials should 

6 seek— 

7 (A) to leverage the financial resources made 

8 available under this Act; and 

9 (B) to the maximum extent practicable, to 

10 ensure that projects funded pursuant to this Act 

11 complement efforts planned or in operation to re12 vitalize the natural resources and economic 

13 health of the Gulf Coast region. 

14 SEC. 3. GULF COAST RESTORATION TRUST FUND. 

15 (a) ESTABLISHMENT.—There is established in the 

16 Treasury of the United States a trust fund to be known 

17 as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 

18 in this section as the ‘‘Trust Fund’’), consisting of such 

19 amounts as are deposited in the Trust Fund under this Act 

20 or any other provision of law. 

21 (b) TRANSFERS.—The Secretary of the Treasury shall 

22 deposit in the Trust Fund an amount equal to 80 percent 

23 of all administrative and civil penalties paid by responsible 

24 parties after the date of enactment of this Act in connection 

25 with the explosion on, and sinking of, the mobile offshore 


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1 drilling unit Deepwater Horizon pursuant to a court order, 

2 negotiated settlement, or other instrument in accordance 

3 with section 311 of the Federal Water Pollution Control Act 

4 (33 U.S.C. 1321). 

5 (c) EXPENDITURES.—Amounts in the Trust Fund, in6 cluding interest earned on advances to the Trust Fund and 

7 proceeds from investment under subsection (d), shall— 

8 (1) be available for expenditure, without further 

9 appropriation, solely for the purpose and eligible ac10 tivities of this Act; and 

11 (2) remain available until expended, without fis12 cal year limitation. 

13 (d) INVESTMENT.—Amounts in the Trust Fund shall 

14 be invested in accordance with section 9702 of title 31, 

15 United States Code, and any interest on, and proceeds from, 

16 any such investment shall be available for expenditure in 

17 accordance with this Act and the amendments made by this 

18 Act. 

19 (e) ADMINISTRATION.—Not later than 180 days after 

20 the date of enactment of this Act, after providing notice and 

21 an opportunity for public comment, the Secretary of the 

22 Treasury, in consultation with the Secretary of the Interior 

23 and the Secretary of Commerce, shall establish such proce24 dures as the Secretary determines to be necessary to deposit 


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1 amounts in, and expend amounts from, the Trust Fund 

2 pursuant to this Act, including— 

3 (1) procedures to assess whether the programs 

4 and activities carried out under this Act and the 

5 amendments made by this Act achieve compliance 

6 with applicable requirements, including procedures by 

7 which the Secretary of the Treasury may determine 

8 whether an expenditure by a Gulf Coast State or 

9 coastal political subdivision (as those terms are de10 fined in section 311 of the Federal Water Pollution 

11 Control Act (33 U.S.C. 1321)) pursuant to such a 

12 program or activity achieves compliance; 

13 (2) auditing requirements to ensure that 

14 amounts in the Trust Fund are expended as intended; 

15 and 

16 (3) procedures for identification and allocation 

17 of funds available to the Secretary under other provi18 sions of law that may be necessary to pay the admin19 istrative expenses directly attributable to the manage20 ment of the Trust Fund. 

21 SEC. 4. GULF COAST NATURAL RESOURCES RESTORATION 

22 AND ECONOMIC RECOVERY. 

23 Section 311 of the Federal Water Pollution Control Act 

24 (33 U.S.C. 1321) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (25)(B), by striking 

2 ‘‘and’’ at the end; 

3 (B) in paragraph (26)(D), by striking the 

4 period at the end and inserting a semicolon; and 

5 (C) by adding at the end the following: 

6 ‘‘(27) the term ‘Chairperson’ means the Chair7 person of the Council; 

8 ‘‘(28) the term ‘coastal political subdivision’ 

9 means any local political jurisdiction that is imme10 diately below the State level of government, including 

11 a county, parish, or borough, with a coastline that is 

12 contiguous with any portion of the United States Gulf 

13 of Mexico; 

14 ‘‘(29) the term ‘Comprehensive Plan’ means the 

15 comprehensive plan developed by the Council pursu16 ant to subsection (t); 

17 ‘‘(30) the term ‘Council’ means the Gulf Coast 

18 Ecosystem Restoration Council established pursuant 

19 to subsection (t); 

20 ‘‘(31) the term ‘Deepwater Horizon oil spill’ 

21 means the blowout and explosion of the mobile off22 shore drilling unit Deepwater Horizon that occurred 

23 on April 20, 2010, and resulting hydrocarbon releases 

24 into the environment; 

25 ‘‘(32) the term ‘Gulf Coast ecosystem’ means— 


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1 ‘‘(A) in the Gulf Coast States, the coastal 

2 zones (as that term is defined in section 304 of 

3 the Coastal Zone Management Act of 1972 (16 

4 U.S.C. 1453), except that, in this section, the 

5 term ‘coastal zones’ includes land within the 

6 coastal zones that is held in trust by, or the use 

7 of which is by law subject solely to the discretion 

8 of, the Federal Government or officers or agents 

9 of the Federal Government) that border the Gulf 

10 of Mexico; 

11 ‘‘(B) any adjacent land, water, and water12 sheds, that are within 25 miles of the coastal 

13 zones described in subparagraph (A) of the Gulf 

14 Coast States; and 

15 ‘‘(C) all Federal waters in the Gulf of Mex16 ico; 

17 ‘‘(33) the term ‘Gulf Coast State’ means any of 

18 the States of Alabama, Florida, Louisiana, Mis19 sissippi, and Texas; and 

20 ‘‘(34) the term ‘Trust Fund’ means the Gulf 

21 Coast Restoration Trust Fund established pursuant to 

22 section 3 of the Resources and Ecosystems Sustain23 ability, Tourist Opportunities, and Revived Econo24 mies of the Gulf Coast States Act of 2011.’’; 


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1 (2) in subsection (s), by inserting ‘‘except as pro2 vided in subsection (t)’’ before the period at the end; 

3 and 

4 (3) by adding at the end the following: 

5 ‘‘(t) GULF COAST RESTORATION AND RECOVERY.— 

6 ‘‘(1) STATE ALLOCATION AND EXPENDITURES.— 

7 ‘‘(A) IN GENERAL.—Of the total amounts 

8 made available in any fiscal year from the Trust 

9 Fund, 35 percent shall be available, in accord10 ance with the requirements of this section, to the 

11 Gulf Coast States in equal shares for expenditure 

12 for ecological and economic restoration of the 

13 Gulf Coast ecosystem in accordance with this 

14 subsection. 

15 ‘‘(B) USE OF FUNDS.— 

16 ‘‘(i) ELIGIBLE ACTIVITIES.—Amounts 

17 provided to the Gulf States under this sub18 section may only be used to carry out 1 or 

19 more of the following activities: 

20 ‘‘(I) Coastal restoration projects 

21 and activities, including conservation 

22 and coastal land acquisition. 

23 ‘‘(II) Mitigation of damage to, 

24 and restoration of, fish, wildlife, or 

25 natural resources. 


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1 ‘‘(III) Implementation of a feder2 ally approved marine, coastal, or com3 prehensive conservation management 

4 plan, including fisheries monitoring. 

5 ‘‘(IV) Programs to promote tour6 ism in a Gulf Coast State, including 

7 recreational fishing. 

8 ‘‘(V) Programs to promote the 

9 consumption of seafood produced from 

10 the Gulf Coast ecosystem. 

11 ‘‘(VI) Programs to promote edu12 cation regarding the natural resources 

13 of the Gulf Coast ecosystem. 

14 ‘‘(VII) Planning assistance. 

15 ‘‘(VIII) Workforce development 

16 and job creation. 

17 ‘‘(IX) Improvements to or upon 

18 State parks located in coastal areas af19 fected by the Deepwater Horizon oil 

20 spill. 

21 ‘‘(X) Mitigation of the ecological 

22 and economic impact of outer Conti23 nental Shelf activities and the impacts 

24 of the Deepwater Horizon oil spill or 

25 promotion of the long-term ecological 


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1 or economic recovery of the Gulf Coast 

2 ecosystem through the funding of infra3 structure projects. 

4 ‘‘(XI) Coastal flood protection and 

5 infrastructure directly affected by 

6 coastal wetland losses, beach erosion, or 

7 the impacts of the Deepwater Horizon 

8 oil spill. 

9 ‘‘(XII) Administrative costs of 

10 complying with this subsection. 

11 ‘‘(ii) LIMITATION.— 

12 ‘‘(I) IN GENERAL.—Of the 

13 amounts received by a Gulf State 

14 under this subsection not more than 3 

15 percent may be used for administrative 

16 costs eligible under clause (i)(XII). 

17 ‘‘(II) PROHIBITION ON USE FOR

18 IMPORTED SEAFOOD.—None of the 

19 funds made available under this sub20 section shall be used for any program 

21 to support or promote imported seafood 

22 or any seafood product that is not har23 vested from the Gulf Coast ecosystem. 

24 ‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— 


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1 ‘‘(i) IN GENERAL.—In the case of a 

2 State where the coastal zone includes the en3 tire State— 

4 ‘‘(I) 75 percent of funding shall be 

5 provided to the 8 disproportionally af6 fected counties impacted by the Deep7 water Horizon Oil Spill; and 

8 ‘‘(II) 25 percent shall be provided 

9 to nondisproportionately impacted 

10 counties within the State. 

11 ‘‘(ii) LOUISIANA.—Of the total 

12 amounts made available to the State of 

13 Louisiana under this paragraph: 

14 ‘‘(I) 70 percent shall be provided 

15 directly to the State in accordance 

16 with this subsection. 

17 ‘‘(II) 30 percent shall be provided 

18 directly to parishes in the coastal zone 

19 (as defined in section 304 of the Coast20 al Zone Management Act of 1972 (16 

21 U.S.C. 1453)) of the State of Louisiana 

22 according to the following weighted for23 mula: 


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1 ‘‘(aa) 40 percent based on the 

2 weighted average of miles of the 

3 parish shoreline oiled. 

4 ‘‘(bb) 40 percent based on the 

5 weighted average of the popu6 lation of the parish. 

7 ‘‘(cc) 20 percent based on the 

8 weighted average of the land mass 

9 of the parish. 

10 ‘‘(iii) CONDITIONS.— 

11 ‘‘(I) LAND USE PLAN.—As a con12 dition of receiving amounts allocated 

13 under clause (ii), the chief executive of 

14 the eligible parish shall certify to the 

15 Governor of the State that the parish 

16 has completed a comprehensive land 

17 use plan. 

18 ‘‘(II) OTHER CONDITIONS.—A 

19 coastal political subdivision receiving 

20 funding under this subsection shall 

21 meet all of the conditions in subpara22 graph (D). 

23 ‘‘(D) CONDITIONS.—As a condition of re24 ceiving amounts from the Trust Fund, a Gulf 

25 Coast State, including the entities described in 


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1 subparagraph (E), or a coastal political subdivi2 sion shall— 

3 ‘‘(i) agree to meet such conditions, in4 cluding audit requirements, as the Sec5 retary of the Treasury determines necessary 

6 to ensure that amounts disbursed from the 

7 Trust Fund will be used in accordance with 

8 this subsection; 

9 ‘‘(ii) certify in such form and in such 

10 manner as the Secretary of the Treasury de11 termines necessary that the project or pro12 gram for which the Gulf Coast State or 

13 coastal political subdivision is requesting 

14 amounts— 

15 ‘‘(I) is designed to restore and 

16 protect the natural resources, eco17 systems, fisheries, marine and wildlife 

18 habitats, beaches, coastal wetlands, or 

19 economy of the Gulf Coast; 

20 ‘‘(II) carries out 1 or more of the 

21 activities described in subparagraph 

22 (B)(i); 

23 ‘‘(III) was selected based on 

24 meaningful input from the public, in25 cluding broad-based participation from 


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1 individuals, businesses, and nonprofit 

2 organizations; and 

3 ‘‘(IV) in the case of a natural re4 source protection or restoration project, 

5 is based on the best available science; 

6 ‘‘(iii) certify that the project or pro7 gram and the awarding of a contract for the 

8 expenditure of amounts received under this 

9 subsection are consistent with the standard 

10 procurement rules and regulations gov11 erning a comparable project or program in 

12 that State, including all applicable competi13 tive bidding and audit requirements; and 

14 ‘‘(iv) develop and submit a multiyear 

15 implementation plan for use of those funds. 

16 ‘‘(E) APPROVAL BY STATE ENTITY, TASK

17 FORCE, OR AGENCY.—The following Gulf Coast 

18 State entities, task forces, or agencies shall carry 

19 out the duties of a Gulf Coast State pursuant to 

20 this paragraph: 

21 ‘‘(i) ALABAMA.— 

22 ‘‘(I) IN GENERAL.—In the State of 

23 Alabama, the Alabama Gulf Coast Re24 covery Council, which shall be com25 prised of only the following: 


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1 ‘‘(aa) The Governor of Ala2 bama, who shall also serve as 

3 Chairperson and preside over the 

4 meetings of the Alabama Gulf 

5 Coast Recovery Council. 

6 ‘‘(bb) The Director of the 

7 Alabama State Port Authority, 

8 who shall also serve as Vice 

9 Chairperson and preside over the 

10 meetings of the Alabama Gulf 

11 Coast Recovery Council in the ab12 sence of the Chairperson. 

13 ‘‘(cc) The Chairman of the 

14 Baldwin County Commission. 

15 ‘‘(dd) The President of the 

16 Mobile County Commission. 

17 ‘‘(ee) The Mayor of the city 

18 of Bayou La Batre. 

19 ‘‘(ff) The Mayor of the town 

20 of Dauphin Island. 

21 ‘‘(gg) The Mayor of the city 

22 of Fairhope. 

23 ‘‘(hh) The Mayor of the city 

24 of Gulf Shores. 


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1 ‘‘(ii) The Mayor of the city of 

2 Mobile. 

3 ‘‘(jj) The Mayor of the city of 

4 Orange Beach. 

5 ‘‘(II) VOTE.—Each member of the 

6 Alabama Gulf Coast Recovery Council 

7 shall be entitled to 1 vote. 

8 ‘‘(III) MAJORITY VOTE.—All deci9 sions of the Alabama Gulf Coast Recov10 ery Council shall be made by majority 

11 vote. 

12 ‘‘(ii) LOUISIANA.—In the State of Lou13 isiana, the Coastal Protection and Restora14 tion Authority of Louisiana. 

15 ‘‘(iii) MISSISSIPPI.—In the State of 

16 Mississippi, the Mississippi Department of 

17 Environmental Quality. 

18 ‘‘(F) COMPLIANCE WITH ELIGIBLE ACTIVI19 TIES.—If the Secretary of the Treasury deter20 mines that an expenditure by a Gulf Coast State 

21 or coastal political subdivision of amounts made 

22 available under this subsection does not meet 1 

23 of the activities described in subparagraph 

24 (B)(i), the Secretary shall make no additional 

25 amounts from the Trust Fund available to that 


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1 Gulf Coast State or coastal political subdivision 

2 until such time as an amount equal to the 

3 amount expended for the unauthorized use— 

4 ‘‘(i) has been deposited by the Gulf 

5 Coast State or coastal political subdivision 

6 in the Trust Fund; or 

7 ‘‘(ii) has been authorized by the Sec8 retary of the Treasury for expenditure by 

9 the Gulf Coast State or coastal political 

10 subdivision for a project or program that 

11 meets the requirements of this subsection. 

12 ‘‘(G) COMPLIANCE WITH CONDITIONS.—If 

13 the Secretary of the Treasury determines that a 

14 Gulf Coast State or coastal political subdivision 

15 does not meet the requirements of this subsection, 

16 including the conditions of subparagraph (D), 

17 where applicable, the Secretary of the Treasury 

18 shall make no amounts from the Trust Fund 

19 available to that Gulf Coast State or coastal po20 litical subdivision until all conditions of this 

21 subsection are met. 

22 ‘‘(H) PUBLIC INPUT.—In meeting any con23 dition of this subsection, a Gulf Coast State may 

24 use an appropriate procedure for public con25 sultation in that Gulf Coast State, including 


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1 consulting with 1 or more established task forces 

2 or other entities, to develop recommendations for 

3 proposed projects and programs that would re4 store and protect the natural resources, eco5 systems, fisheries, marine and wildlife habitats, 

6 beaches, coastal wetlands, and economy of the 

7 Gulf Coast. 

8 ‘‘(I) PREVIOUSLY APPROVED PROJECTS AND

9 PROGRAMS.—A Gulf Coast State or coastal polit10 ical subdivision shall be considered to have met 

11 the conditions of subparagraph (D) for a specific 

12 project or program if, before the date of enact13 ment of the Resources and Ecosystems Sustain14 ability, Tourist Opportunities, and Revived 

15 Economies of the Gulf Coast States Act of 

16 2011— 

17 ‘‘(i) the Gulf Coast State or coastal po18 litical subdivision has established conditions 

19 for carrying out projects and programs that 

20 are substantively the same as the conditions 

21 described in subparagraph (D); and 

22 ‘‘(ii) the applicable project or program 

23 carries out 1 or more of the activities de24 scribed in subparagraph (B)(ii). 


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1 ‘‘(J) CONSULTATION WITH COUNCIL.—In 

2 carrying out this subsection, each Gulf Coast 

3 State shall seek the input of the Chairperson of 

4 the Council to identify large-scale projects that 

5 may be jointly supported by that Gulf Coast 

6 State and by the Council pursuant to the Com7 prehensive Plan with amounts provided under 

8 this subsection. 

9 ‘‘(K) NON-FEDERAL MATCHING FUNDS.— 

10 ‘‘(i) IN GENERAL.—A Gulf Coast State 

11 or coastal political subdivision may use, in 

12 whole or in part, amounts made available 

13 to that Gulf Coast State from the Trust 

14 Fund to satisfy the non-Federal share of the 

15 cost of any project or program authorized 

16 by Federal law that meets the eligible use 

17 requirements under subparagraph (B)(i). 

18 ‘‘(ii) EFFECT ON OTHER FUNDS.—The 

19 use of funds made available from the Trust 

20 Fund to satisfy the non-Federal share of the 

21 cost of a project or program that meets the 

22 requirements of clause (i) shall not affect 

23 the priority in which other Federal funds 

24 are allocated or awarded. 


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1 ‘‘(L) LOCAL PREFERENCE.—In awarding 

2 contracts to carry out a project or program 

3 under this subsection, a Gulf Coast State or 

4 coastal political subdivision may give a pref5 erence to individuals and companies that reside 

6 in, are headquartered in, or are principally en7 gaged in business in, a Gulf Coast State. 

8 ‘‘(M) UNUSED FUNDS.—Any Funds not 

9 identified in an implementation plan by a State 

10 or coastal political subdivision in accordance 

11 with subparagraph (D)(iv) shall remain in the 

12 Trust Fund until such time as the State or 

13 coastal political subdivision to which the funds 

14 have been allocated develops and submits a plan 

15 identifying uses for those funds in accordance 

16 with subparagraph (D)(iv). 

17 ‘‘(N) JUDICIAL REVIEW.—If the Secretary of 

18 the Treasury determines that a Gulf Coast State 

19 or coastal political subdivision does not meet the 

20 requirements of this subsection, including the 

21 conditions of subparagraph (D), the Gulf Coast 

22 State or coastal political subdivision may obtain 

23 expedited judicial review within 90 days of that 

24 decision in a district court of the United States, 


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1 of appropriate jurisdiction and venue, that is lo2 cated within the State seeking such review. 

3 ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA4 TION.— 

5 ‘‘(A) IN GENERAL.—Of the total amount 

6 made available in any fiscal year from the Trust 

7 Fund, 60 percent shall be disbursed to the Coun8 cil to carry out the Comprehensive Plan. 

9 ‘‘(B) COUNCIL EXPENDITURES.— 

10 ‘‘(i) IN GENERAL.—In accordance with 

11 this paragraph, the Council shall expend 

12 funds made available from the Trust Fund 

13 to undertake projects and programs that 

14 would restore and protect the natural re15 sources, ecosystems, fisheries, marine and 

16 wildlife habitats, beaches, coastal wetlands, 

17 and economy of the Gulf Coast. 

18 ‘‘(ii) ALLOCATION AND EXPENDITURE

19 PROCEDURES.—The Secretary of the Treas20 ury shall develop such conditions, including 

21 audit requirements, as the Secretary of the 

22 Treasury determines necessary to ensure 

23 that amounts disbursed from the Trust 

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1 prehensive Plan will be used in accordance 

2 with this paragraph. 

3 ‘‘(iii) ADMINISTRATIVE EXPENSES.—Of 

4 the amounts received by the Council under 

5 this subsection, not more than 3 percent 

6 may be used for administrative expenses, 

7 including staff. 

8 ‘‘(C) GULF COAST ECOSYSTEM RESTORA9 TION COUNCIL.— 

10 ‘‘(i) ESTABLISHMENT.—There is estab11 lished as an independent entity in the Fed12 eral Government a council to be known as 

13 the ‘Gulf Coast Ecosystem Restoration 

14 Council’. 

15 ‘‘(ii) MEMBERSHIP.—The Council shall 

16 consist of the following members, or in the 

17 case of a Federal agency, a designee at the 

18 level of the Assistant Secretary or the equiv19 alent: 

20 ‘‘(I) The Chair of the Council on 

21 Environmental Quality. 

22 ‘‘(II) The Secretary of the Inte23 rior. 

24 ‘‘(III) The Secretary of the Army. 

25 ‘‘(IV) The Secretary of Commerce. 


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1 ‘‘(V) The Administrator of the 

2 Environmental Protection Agency. 

3 ‘‘(VI) The Secretary of Agri4 culture. 

5 ‘‘(VII) The head of the department 

6 in which the Coast Guard is operating. 

7 ‘‘(VIII) The Governor of the State 

8 of Alabama. 

9 ‘‘(IX) The Governor of the State of 

10 Florida. 

11 ‘‘(X) The Governor of the State of 

12 Louisiana. 

13 ‘‘(XI) The Governor of the State of 

14 Mississippi. 

15 ‘‘(XII) The Governor of the State 

16 of Texas. 

17 ‘‘(iii) ALTERNATE.—A Governor ap18 pointed to the Council by the President may 

19 designate an alternate to represent the Gov20 ernor on the Council and vote on behalf of 

21 the Governor. 

22 ‘‘(iv) CHAIRPERSON.—From among the 

23 Federal agency members of the Council, the 

24 representatives of States on the Council 

25 shall select, and the President shall appoint, 


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1 1 Federal member to serve as Chairperson 

2 of the Council. 

3 ‘‘(v) PRESIDENTIAL APPOINTMENT.— 

4 All Council members shall be appointed by 

5 the President. 

6 ‘‘(vi) COUNCIL ACTIONS.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subclause (IV), significant actions by 

9 the Council shall require the affirma10 tive vote of the Federal Chairperson 

11 and a majority of the State members to 

12 be effective. 

13 ‘‘(II) INCLUSIONS.—Significant 

14 actions include but are not limited 

15 to— 

16 ‘‘(aa) approval of a Com17 prehensive Plan and future revi18 sions to a Comprehensive Plan; 

19 ‘‘(bb) approval of State plans 

20 pursuant to paragraph (3)(B)(iv); 

21 and 

22 ‘‘(cc) approval of reports to 

23 Congress pursuant to clause 

24 (vii)(X). 


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1 ‘‘(III) QUORUM.—A quorum of 

2 State members shall be required to be 

3 present for the Council to take any sig4 nificant action. 

5 ‘‘(IV) AFFIRMATIVE VOTE RE6 QUIREMENT DEEMED MET.—For ap7 proval of State plans pursuant to 

8 paragraph (3)(B)(iv), the certification 

9 by a State member of the Council that 

10 the plan satisfies all requirements of 

11 clauses (i) and (ii) of paragraphs 

12 (3)(B), when joined by an affirmative 

13 vote of the Federal Chairperson of the 

14 Council, is deemed to satisfy the re15 quirements for affirmative votes under 

16 subclause (I). 

17 ‘‘(V) PUBLIC TRANSPARENCY.— 

18 Appropriate actions of the Council, in19 cluding votes on significant actions 

20 and associated deliberations, shall be 

21 made available to the public. 

22 ‘‘(vii) DUTIES OF COUNCIL.—The 

23 Council shall— 


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1 ‘‘(I) develop the Comprehensive 

2 Plan, and future revisions to the Com3 prehensive Plan; 

4 ‘‘(II) identify as soon as prac5 ticable the projects that— 

6 ‘‘(aa) have been authorized 

7 prior to the date of enactment of 

8 this subsection but not yet com9 menced; and 

10 ‘‘(bb) if implemented quickly, 

11 would restore and protect the nat12 ural resources, ecosystems, fish13 eries, marine and wildlife habi14 tats, beaches, barrier islands, 

15 dunes, and coastal wetlands of the 

16 Gulf Coast ecosystem; 

17 ‘‘(III) coordinate the development 

18 of consistent policies, strategies, plans, 

19 and activities by Federal agencies, 

20 State and local governments, and pri21 vate sector entities for addressing the 

22 restoration and protection of the Gulf 

23 Coast ecosystem; 

24 ‘‘(IV) establish such other advi25 sory committee or committees as may 


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1 be necessary to assist the Council, in2 cluding a scientific advisory committee 

3 and a committee to advise the Council 

4 on public policy issues; 

5 ‘‘(V) coordinate scientific and 

6 other research associated with restora7 tion of the Gulf Coast ecosystem, in8 cluding research, observation, and 

9 monitoring carried out pursuant to 

10 section 5 of the Resources and Eco11 systems Sustainability, Tourist Oppor12 tunities, and Revived Economies of the 

13 Gulf Coast States Act of 2011; 

14 ‘‘(VI) seek to ensure that all poli15 cies, strategies, plans, and activities for 

16 addressing the restoration of the Gulf 

17 Coast ecosystem are based on the best 

18 available physical, ecological, and eco19 nomic data; 

20 ‘‘(VII) make recommendations to 

21 address the particular needs of espe22 cially economically and socially vul23 nerable populations; 

24 ‘‘(VIII) develop standard terms to 

25 include in contracts for projects and 


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1 programs awarded pursuant to the 

2 Comprehensive Plan that provide a 

3 preference to individuals and compa4 nies that reside in, are headquartered 

5 in, or are principally engaged in busi6 ness in, a Gulf Coast State; 

7 ‘‘(IX) prepare an integrated fi8 nancial plan and recommendations for 

9 coordinated budget requests for the 

10 amounts proposed to be expended by 

11 the Federal agencies represented on the 

12 Council for projects and programs in 

13 the Gulf Coast States; 

14 ‘‘(X) submit to Congress an an15 nual report that— 

16 ‘‘(aa) summarizes the poli17 cies, strategies, plans, and activi18 ties for addressing the restoration 

19 and protection of the Gulf Coast 

20 ecosystem; 

21 ‘‘(bb) describes the projects 

22 and programs being implemented 

23 to restore and protect the Gulf 

24 Coast ecosystem; and 


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1 ‘‘(cc) makes such rec2 ommendations to Congress for 

3 modifications of existing laws as 

4 the Council determines necessary 

5 to implement the Comprehensive 

6 Plan; and 

7 ‘‘(XI) submit to Congress a final 

8 report on the date on which all funds 

9 made available to the Council are ex10 pended. 

11 ‘‘(viii) APPLICATION OF FEDERAL AD12 VISORY COMMITTEE ACT.—The Council, or 

13 any other advisory committee established 

14 under this subsection, shall not be consid15 ered an advisory committee under the Fed16 eral Advisory Committee Act (5 U.S.C. 

17 App.). 

18 ‘‘(D) COMPREHENSIVE PLAN.— 

19 ‘‘(i) PROPOSED PLAN.— 

20 ‘‘(I) IN GENERAL.—Not later than 

21 180 days after the date of enactment of 

22 the Resources and Ecosystems Sustain23 ability, Tourist Opportunities, and Re24 vived Economies of the Gulf Coast 

25 States Act of 2011, the Chairperson, on 


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1 behalf of the Council, shall publish a 

2 proposed plan to restore and protect 

3 the natural resources, ecosystems, fish4 eries, marine and wildlife habitats, 

5 beaches, and coastal wetlands of the 

6 Gulf Coast ecosystem. 

7 ‘‘(II) CONTENTS.—The proposed 

8 plan described in subclause (I) shall 

9 include and incorporate the findings 

10 and information prepared by the 

11 President’s Gulf Coast Restoration 

12 Task Force. 

13 ‘‘(ii) PUBLICATION.— 

14 ‘‘(I) INITIAL PLAN.—Not later 

15 than 1 year after date of enactment of 

16 the Resources and Ecosystems Sustain17 ability, Tourist Opportunities, and Re18 vived Economies of the Gulf Coast 

19 States Act of 2011 and after notice and 

20 opportunity for public comment, the 

21 Chairperson, on behalf of the Council 

22 and after approval by the Council, 

23 shall publish in the Federal Register 

24 the initial Comprehensive Plan to re25 store and protect the natural resources, 


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1 ecosystems, fisheries, marine and wild2 life habitats, beaches, and coastal wet3 lands of the Gulf Coast ecosystem. 

4 ‘‘(II) COOPERATION WITH GULF

5 COAST RESTORATION TASK FORCE.— 

6 The Council shall develop the initial 

7 Comprehensive Plan in close coordina8 tion with the President’s Gulf Coast 

9 Restoration Task Force. 

10 ‘‘(III) CONSIDERATIONS.—In de11 veloping the initial Comprehensive 

12 Plan and subsequent updates, the 

13 Council shall consider all relevant 

14 findings, reports, or research prepared 

15 or funded by a center of excellence or 

16 the Gulf Fisheries and Ecosystem En17 dowment established pursuant to the 

18 Gulf Coast Ecosystem Restoration 

19 Science, Monitoring, and Technology 

20 Program under section 5 of the Re21 sources and Ecosystems Sustainability, 

22 Tourist Opportunities, and Revived 

23 Economies of the Gulf Coast States Act 

24 of 2011. 


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1 ‘‘(IV) CONTENTS.—The initial 

2 Comprehensive Plan shall include— 

3 ‘‘(aa) such provisions as are 

4 necessary to fully incorporate in 

5 the Comprehensive Plan the strat6 egy, projects, and programs rec7 ommended by the President’s Gulf 

8 Coast Restoration Task Force; 

9 ‘‘(bb) a list of any project or 

10 program authorized prior to the 

11 date of enactment of this sub12 section but not yet commenced, 

13 the completion of which would 

14 further the purposes and goals of 

15 this subsection and of the Re16 sources and Ecosystems Sustain17 ability, Tourist Opportunities, 

18 and Revived Economies of the 

19 Gulf Coast States Act of 2011; 

20 ‘‘(cc) a description of the 

21 manner in which amounts from 

22 the Trust Fund projected to be 

23 made available to the Council for 

24 the succeeding 10 years will be al25 located; and 


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1 ‘‘(dd) subject to available 

2 funding in accordance with clause 

3 (iii), a prioritized list of specific 

4 projects and programs to be fund5 ed and carried out during the 3- 

6 year period immediately following 

7 the date of publication of the ini8 tial Comprehensive Plan, includ9 ing a table that illustrates the dis10 tribution of projects and programs 

11 by Gulf Coast State. 

12 ‘‘(V) PLAN UPDATES.—The Coun13 cil shall update— 

14 ‘‘(aa) the Comprehensive 

15 Plan every 5 years in a manner 

16 comparable to the manner estab17 lished in this subsection for each 

18 5-year period for which amounts 

19 are expected to be made available 

20 to the Gulf Coast States from the 

21 Trust Fund; and 

22 ‘‘(bb) the 3-year list of 

23 projects and programs described 

24 in subclause (IV)(dd) annually. 


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1 ‘‘(iii) RESTORATION PRIORITIES.—Ex2 cept for projects and programs described in 

3 subclause (IV)(bb), in selecting projects and 

4 programs to include on the 3-year list de5 scribed in subclause (IV)(dd), based on the 

6 best available science, the Council shall give 

7 highest priority to projects that address 1 or 

8 more of the following criteria: 

9 ‘‘(I) Projects that are projected to 

10 make the greatest contribution to re11 storing and protecting the natural re12 sources, ecosystems, fisheries, marine 

13 and wildlife habitats, beaches, and 

14 coastal wetlands of the Gulf Coast eco15 system, without regard to geographic 

16 location. 

17 ‘‘(II) Large-scale projects and pro18 grams that are projected to substan19 tially contribute to restoring and pro20 tecting the natural resources, eco21 systems, fisheries, marine and wildlife 

22 habitats, beaches, and coastal wetlands 

23 of the Gulf Coast ecosystem. 

24 ‘‘(III) Projects contained in exist25 ing Gulf Coast State comprehensive 


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1 plans for the restoration and protection 

2 of natural resources, ecosystems, fish3 eries, marine and wildlife habitats, 

4 beaches, and coastal wetlands of the 

5 Gulf Coast ecosystem. 

6 ‘‘(IV) Projects that restore long7 term resiliency of the natural re8 sources, ecosystems, fisheries, marine 

9 and wildlife habitats, beaches, and 

10 coastal wetlands most impacted by the 

11 Deepwater Horizon oil spill. 

12 ‘‘(E) IMPLEMENTATION.— 

13 ‘‘(i) IN GENERAL.—The Council, acting 

14 through the member agencies and Gulf 

15 Coast States, shall expend funds made 

16 available from the Trust Fund to carry out 

17 projects and programs adopted in the Com18 prehensive Plan. 

19 ‘‘(ii) ADMINISTRATIVE RESPONSI20 BILITY.— 

21 ‘‘(I) IN GENERAL.—Primary au22 thority and responsibility for each 

23 project and program included in the 

24 Comprehensive Plan shall be assigned 

25 by the Council to a Gulf Coast State 


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1 represented on the Council or a Federal 

2 agency. 

3 ‘‘(II) TRANSFER OF AMOUNTS.— 

4 Amounts necessary to carry out each 

5 project or program included in the 

6 Comprehensive Plan shall be trans7 ferred by the Secretary of the Treasury 

8 from the Trust Fund to that Federal 

9 agency or Gulf Coast State as the 

10 project or program is implemented, 

11 subject to such conditions as the Sec12 retary of the Treasury, in consultation 

13 with the Secretary of the Interior and 

14 the Secretary of Commerce, established 

15 pursuant to section 3 of the Resources 

16 and Ecosystems Sustainability, Tour17 ist Opportunities, and Revived Econo18 mies of the Gulf Coast States Act of 

19 2011. 

20 ‘‘(iii) COST SHARING.— 

21 ‘‘(I) IN GENERAL.—A Gulf Coast 

22 State or coastal political subdivision 

23 may use, in whole or in part, amounts 

24 made available to that Gulf Coast 

25 State or coastal political subdivision 


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1 from the Trust Fund to satisfy the 

2 non-Federal share of the cost of car3 rying a project or program that— 

4 ‘‘(aa) is authorized by other 

5 Federal law; and 

6 ‘‘(bb) meets the criteria of 

7 subparagraph (D). 

8 ‘‘(II) INCLUSION IN COMPREHEN9 SIVE PLAN.—A project or program de10 scribed in subclause (I) that meets the 

11 criteria for inclusion in the Com12 prehensive Plan described in subpara13 graph (D) shall be selected and adopted 

14 by the Council as part of the Com15 prehensive Plan in the manner de16 scribed in subparagraph (D). 

17 ‘‘(F) COORDINATION.—The Council and the 

18 Federal members of the Council may develop 

19 Memorandums of Understanding establishing in20 tegrated funding and implementation plans 

21 among the member agencies and authorities. 

22 ‘‘(G) TERMINATION.—The Council shall ter23 minate on the date on which the report described 

24 in subparagraph (C)(vii)(XI) is submitted to 

25 Congress. 


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1 ‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA2 TION.— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 paragraph (4), of the total amount made avail5 able to the Council under paragraph (2) in any 

6 fiscal year from the Trust Fund, 50 percent shall 

7 be disbursed by the Council as follows: 

8 ‘‘(i) FORMULA.—Subject to subpara9 graph (B), for each Gulf Coast State, the 

10 amount disbursed under this paragraph 

11 shall be based on a formula established by 

12 the Council by regulation that is based on 

13 a weighted average of the following criteria: 

14 ‘‘(I) 40 percent based on the pro15 portionate number of miles of shoreline 

16 in each Gulf Coast State that experi17 enced oiling as of April 10, 2011, com18 pared to the total number of miles of 

19 shoreline that experienced oiling as a 

20 result of the Deepwater Horizon oil 

21 spill. 

22 ‘‘(II) 40 percent based on the in23 verse proportion of the average dis24 tance from the Deepwater Horizon oil 

25 rig to the nearest and farthest point of 


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1 the shoreline that experienced oiling of 

2 each Gulf Coast State. 

3 ‘‘(III) 20 percent based on the av4 erage population in the 2010 decennial 

5 census of coastal counties bordering the 

6 Gulf of Mexico within each Gulf Coast 

7 State. 

8 ‘‘(ii) MINIMUM ALLOCATION.—The 

9 amount disbursed to a Gulf Coast State for 

10 each fiscal year under clause (i) shall be at 

11 least 5 percent of the total amounts made 

12 available under this paragraph. 

13 ‘‘(B) APPROVAL OF PROJECTS AND PRO14 GRAMS.— 

15 ‘‘(i) IN GENERAL.—The Council shall 

16 disburse amounts to the respective Gulf 

17 Coast States in accordance with the formula 

18 developed under subparagraph (A) for 

19 projects, programs, and activities that will 

20 improve the ecosystems or economy of the 

21 Gulf Coast, subject to the condition that 

22 each Gulf Coast State submits a plan for 

23 the expenditure of amounts disbursed under 

24 this paragraph which meet the following 

25 criteria: 


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1 ‘‘(I) All projects, programs, and 

2 activities included in that plan are eli3 gible activities pursuant to paragraph 

4 (1)(B)(i). 

5 ‘‘(II) The projects, programs, and 

6 activities included in that plan con7 tribute to the overall economic and eco8 logical recovery of the Gulf Coast. 

9 ‘‘(III) The plan takes into consid10 eration the Comprehensive Plan and is 

11 consistent with its goals and objectives, 

12 as described in paragraph (2)(B)(i). 

13 ‘‘(ii) FUNDING.— 

14 ‘‘(I) IN GENERAL.—Except as pro15 vided in subclause (II), the plan de16 scribed in clause (i) may use not more 

17 than 25 percent of the funding made 

18 available for infrastructure projects eli19 gible under subclauses (X) and (XI) of 

20 paragraph (1)(B)(i). 

21 ‘‘(II) EXCEPTION.—The plan de22 scribed in clause (i) may propose to 

23 use more than 25 percent of the fund24 ing made available for infrastructure 

25 projects eligible under subclauses (X) 


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1 and (XI) of paragraph (1)(B)(i) if the 

2 plan certifies that— 

3 ‘‘(aa) ecosystem restoration 

4 needs in the State will be ad5 dressed by the projects in the pro6 posed plan; and 

7 ‘‘(bb) additional investment 

8 in infrastructure is required to 

9 mitigate the impacts of the Deep10 water Horizon Oil Spill to the 

11 ecosystem or economy. 

12 ‘‘(iii) DEVELOPMENT.—The plan de13 scribed in clause (i) shall be developed by— 

14 ‘‘(I) in the State of Alabama, the 

15 Alabama Gulf Coast Recovery Council 

16 established under paragraph (1)(E)(i); 

17 ‘‘(II) in the State of Florida, a 

18 consortia of local political subdivisions 

19 that includes at least 1 representative 

20 of each disproportionally affected coun21 ty; 

22 ‘‘(III) in the State of Louisiana, 

23 the Coastal Protection and Restoration 

24 Authority of Louisiana; 


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1 ‘‘(IV) in the State of Mississippi, 

2 the Office of the Governor or an ap3 pointee of the Office of the Governor; 

4 and 

5 ‘‘(V) in the State of Texas, the Of6 fice of the Governor or an appointee of 

7 the Office of the Governor. 

8 ‘‘(iv) APPROVAL.—Not later than 60 

9 days after the date on which a plan is sub10 mitted under clause (i), the Council shall 

11 approve or disapprove the plan based on the 

12 conditions of clause (i). 

13 ‘‘(C) DISAPPROVAL.—If the Council dis14 approves a plan pursuant to subparagraph 

15 (B)(iv), the Council shall— 

16 ‘‘(i) provide the reasons for dis17 approval in writing; and 

18 ‘‘(ii) consult with the State to address 

19 any identified deficiencies with the State 

20 plan. 

21 ‘‘(D) FAILURE TO SUBMIT ADEQUATE

22 PLAN.—If a State fails to submit an adequate 

23 plan under this subsection, any funds made 

24 available under this subsection shall remain in 


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1 the Trust Fund until such date as a plan is sub2 mitted and approved pursuant to this subsection. 

3 ‘‘(E) JUDICIAL REVIEW.—If the Council 

4 fails to approve or take action within 60 days on 

5 a plan described in subparagraph (B)(iv), the 

6 State may obtain expedited judicial review with7 in 90 days of that decision in a district court of 

8 the United States, of appropriate jurisdiction 

9 and venue, that is located within the State seek10 ing such review. 

11 ‘‘(4) AUTHORIZATION OF INTEREST TRANS12 FERS.— 

13 ‘‘(A) IN GENERAL.—Of the total amount 

14 made available in any fiscal year from the Trust 

15 Fund, an amount equal to the interest earned by 

16 the Trust Fund and proceeds from investments 

17 made by the Trust Fund in the preceding fiscal 

18 year— 

19 ‘‘(i) 50 percent shall be transferred to 

20 the National Endowment for Oceans in sub21 paragraph (B); and 

22 ‘‘(ii) 50 percent shall be transferred to 

23 the Gulf of Mexico Research Endowment in 

24 subparagraph (C). 


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1 ‘‘(B) NATIONAL ENDOWMENT FOR THE

2 OCEANS.— 

3 ‘‘(i) ESTABLISHMENT.— 

4 ‘‘(I) IN GENERAL.—There is estab5 lished in the Treasury of the United 

6 States a trust fund to be known as the 

7 ‘National Endowment for the Oceans’, 

8 consisting of such amounts as may be 

9 appropriated or credited to the Na10 tional Endowment for the Oceans. 

11 ‘‘(II) INVESTMENT.—Amounts in 

12 the National Endowment for the 

13 Oceans shall be invested in accordance 

14 with section 9602 of the Internal Rev15 enue Code of 1986, and any interest 

16 on, and proceeds from, any such in17 vestment shall be available for expendi18 ture in accordance with this subpara19 graph. 

20 ‘‘(ii) TRUSTEE.—The trustee for the 

21 National Endowment for the Oceans shall 

22 be the Secretary of Commerce. 

23 ‘‘(iii) ALLOCATION OF FUNDS.— 

24 ‘‘(I) IN GENERAL.—Each fiscal 

25 year, the Secretary shall allocate, at a 


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1 minimum, an amount equal to the in2 terest earned by the National Endow3 ment for the Oceans in the preceding 

4 fiscal year, and may distribute an 

5 amount equal to up to 10 percent of 

6 the total amounts in the National En7 dowment for the Oceans— 

8 ‘‘(aa) to allocate funding to 

9 coastal states (as defined in sec10 tion 304 of the Marine Resources 

11 and Engineering Development Act 

12 of 1966 (16 U.S.C. 1453)) and af13 fected Indian tribes; 

14 ‘‘(bb) to make grants to re15 gional ocean and coastal planning 

16 bodies; and 

17 ‘‘(cc) to develop and imple18 ment a National Grant Program 

19 for Oceans and Coastal Waters. 

20 ‘‘(II) PROGRAM ADJUSTMENTS.— 

21 Each fiscal year where the amount de22 scribed in subparagraph (A)(i) does 

23 not exceed $100,000,000, the Secretary 

24 may elect to fund only the grant pro25 gram established in subclause (I)(cc). 


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1 ‘‘(iv) ELIGIBLE ACTIVITIES.—Funds 

2 deposited in the National Endowment for 

3 the Oceans may be allocated by the Sec4 retary only to fund grants for programs 

5 and activities intended to restore, protect, 

6 maintain, or understand living marine re7 sources and their habitats and resources in 

8 ocean and coastal waters (as defined in sec9 tion 304 of the Marine Resources and Engi10 neering Development Act of 1966 (16 U.S.C. 

11 1453)), including baseline scientific re12 search, ocean observing, and other programs 

13 and activities carried out in coordination 

14 with Federal and State departments or 

15 agencies, that are consistent with Federal 

16 environmental laws and that avoid environ17 mental degradation. 

18 ‘‘(v) APPLICATION.—To be eligible to 

19 receive a grant under clause (iii)(I), an en20 tity shall submit to the Secretary an appli21 cation at such time, in such manner, and 

22 containing such information as the Sec23 retary determines to be appropriate. 


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1 ‘‘(vi) FUNDING FOR COASTAL

2 STATES.—The Secretary shall allocate fund3 ing among States as follows: 

4 ‘‘(I) 50 percent of the funds shall 

5 be allocated equally among coastal 

6 States. 

7 ‘‘(II) 25 percent of the funds shall 

8 be allocated based on tidal shoreline 

9 miles. 

10 ‘‘(III) 25 percent of the funds 

11 shall be allocated based on the coastal 

12 population density of a coastal State. 

13 ‘‘(IV) No State shall be allocated 

14 more than 10 percent of the total 

15 amount of funds available for alloca16 tion among coastal States for any fis17 cal year. 

18 ‘‘(V) No territory shall be allo19 cated more than 1 percent of the total 

20 amount of funds available for alloca21 tion among coastal States for any fis22 cal year. 

23 ‘‘(C) GULF OF MEXICO RESEARCH ENDOW24 MENT.— 


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1 ‘‘(i) IN GENERAL.—There is established 

2 in the Treasury of the United States a trust 

3 fund to be known as the ‘Gulf of Mexico Re4 search Endowment’, to be administered by 

5 the Secretary of Commerce, solely for use in 

6 providing long-term funding in accordance 

7 with section 5 of the Resources and Eco8 systems Sustainability, Tourist Opportuni9 ties, and Revived Economies of the Gulf 

10 Coast States Act of 2011. 

11 ‘‘(ii) INVESTMENT.—Amounts in the 

12 Gulf of Mexico Research Endowment shall 

13 be invested in accordance with section 9602 

14 of the Internal Revenue Code of 1986, and, 

15 after adjustment for inflation so as to 

16 maintain the value of the principal, any in17 terest on, and proceeds from, any such in18 vestment shall be available for expenditure 

19 and shall be allocated in equal portions to 

20 the Gulf Coast Ecosystem Restoration 

21 Science, Monitoring, and Technology Pro22 gram and Fisheries Endowment established 

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1 ties, and Revived Economies of the Gulf 

2 Coast States Act of 2011.’’. 

3 SEC. 5. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 

4 OBSERVATION, MONITORING, AND TECH5 NOLOGY PROGRAM. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the National Oce9 anic and Atmospheric Administration. 

10 (2) FISHERIES AND ECOSYSTEM ENDOWMENT.— 

11 The term ‘‘Fisheries and Ecosystem Endowment’’ 

12 means the endowment established by subsection (d). 

13 (3) PROGRAM.—The term ‘‘Program’’ means the 

14 Gulf Coast Ecosystem Restoration Science, Observa15 tion, Monitoring, and Technology Program estab16 lished by subsection (b). 

17 (b) ESTABLISHMENT OF PROGRAM.—There is estab18 lished within the National Oceanic and Atmospheric Ad19 ministration a program to be known as the ‘‘Gulf Coast 

20 Ecosystem Restoration Science, Observation, Monitoring, 

21 and Technology Program’’, to be carried out by the Admin22 istrator. 

23 (c) CENTERS OF EXCELLENCE.— 

24 (1) IN GENERAL.—In carrying out the Program, 

25 the Administrator, in consultation with other Federal 


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1 agencies with expertise in the discipline of a center of 

2 excellence, shall make grants in accordance with 

3 paragraph (2) to establish and operate 5 centers of ex4 cellence, 1 of which shall be located in each of the 

5 States of Alabama, Florida, Louisiana, Mississippi, 

6 and Texas. 

7 (2) GRANTS.— 

8 (A) IN GENERAL.—The Administrator shall 

9 use the amounts made available to carry out this 

10 section to award competitive grants to non11 governmental entities and consortia in the Gulf 

12 Coast region (including public and private insti13 tutions of higher education) for the establishment 

14 of centers of excellence as described in paragraph 

15 (1). 

16 (B) APPLICATION.—To be eligible to receive 

17 a grant under this paragraph, an entity or con18 sortium described in subparagraph (A) shall sub19 mit to the Administrator an application at such 

20 time, in such manner, and containing such in21 formation as the Administrator determines to be 

22 appropriate. 

23 (C) PRIORITY.—In awarding grants under 

24 this paragraph, the Administrator shall give pri25 ority to entities and consortia that demonstrate 


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1 the ability to establish the broadest cross-section 

2 of participants with interest and expertise in 

3 any discipline described in paragraph (3) on 

4 which the proposal of the center of excellence will 

5 be focused. 

6 (3) DISCIPLINES.—Each center of excellence shall 

7 focus on science, technology, and monitoring in at 

8 least 1 of the following disciplines: 

9 (A) Coastal and deltaic sustainability, res10 toration and protection; including solutions and 

11 technology that allow citizens to live safely and 

12 sustainably in a coastal delta. 

13 (B) Coastal fisheries and wildlife ecosystem 

14 research and monitoring. 

15 (C) Offshore energy development, including 

16 research and technology to improve the sustain17 able and safe development of energy resources. 

18 (D) Sustainable and resilient growth, eco19 nomic and commercial development in the Gulf 

20 Coast. 

21 (E) Comprehensive observation, monitoring, 

22 and mapping of the Gulf of Mexico. 

23 (4) COORDINATION WITH OTHER PROGRAMS.— 

24 The Administrator shall develop a plan for the coordi25 nation of projects and activities between the Program 


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1 and other existing Federal and State science and tech2 nology programs in the States of Alabama, Florida, 

3 Louisiana, Mississippi, and Texas, as well as between 

4 the centers of excellence. 

5 (d) ESTABLISHMENT OF FISHERIES AND ECOSYSTEM

6 ENDOWMENT.— 

7 (1) IN GENERAL.—Not later than 180 days after 

8 the date of enactment of this Act, the Council shall es9 tablish a fishery and ecosystem endowment to ensure, 

10 to the maximum extent practicable, the long-term sus11 tainability of the ecosystem, fish stocks, fish habitat 

12 and the recreational, commercial, and charter fishing 

13 industry in the Gulf of Mexico. 

14 (2) EXPENDITURE OF FUNDS.—For each fiscal 

15 year, amounts made available to carry out this sub16 section may be expended for, with respect to the Gulf 

17 of Mexico— 

18 (A) marine and estuarine research; 

19 (B) marine and estuarine ecosystem moni20 toring and ocean observation; 

21 (C) data collection and stock assessments; 

22 (D) pilot programs for— 

23 (i) fishery independent data; and 

24 (ii) reduction of exploitation of spawn25 ing aggregations; and 


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1 (E) cooperative research. 

2 (3) ADMINISTRATION AND IMPLEMENTATION.— 

3 The Fisheries and Ecosystem Endowment shall be ad4 ministered by the Administrator of the National Oce5 anic and Atmospheric Administration, in consulta6 tion with the Director of the United States Fish and 

7 Wildlife Service, with guidance provided by the Re8 gional Gulf of Mexico Fishery Management Council. 

9 (4) SPECIES INCLUDED.—The Fisheries and Eco10 system Endowment will include all marine, estuarine, 

11 aquaculture, and fish and wildlife species in State 

12 and Federal waters of the Gulf of Mexico. 

13 (5) RESEARCH PRIORITIES.—In distributing 

14 funding under this subsection, priority shall be given 

15 to integrated, long-term projects that— 

16 (A) build on, or are coordinated with, re17 lated research activities; and 

18 (B) address current or anticipated marine 

19 ecosystem, fishery, or wildlife management infor20 mation needs. 

21 (6) DUPLICATION AND COORDINATION.—In car22 rying out this subsection, the Administrator shall seek 

23 to avoid duplication of other research and monitoring 

24 activities and coordinate with existing research and 

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1 al and Ocean Observation System Act of 2009 (33 

2 U.S.C. 3601 et seq.). 

3 (e) FUNDING.— 

4 (1) IN GENERAL.—Except as provided in sub5 section (t)(4) of section 311 of the Federal Water Pol6 lution Control Act (33 U.S.C. 1321), of the total 

7 amount made available for each fiscal year for the 

8 Gulf Coast Restoration Trust Fund established under 

9 section 3, 5 percent shall be allocated in equal por10 tions to the Program and Fisheries and Ecosystem 

11 Endowment established by this section. 

12 (2) ADMINISTRATIVE EXPENSES.—Of the 

13 amounts received by the National Oceanic and Atmos14 pheric Administration to carry out this section, not 

15 more than 3 percent may be used for administrative 

16 expenses. 

17 SEC. 6. EFFECT. 

18 (a) IN GENERAL.—Nothing in this Act or any amend19 ment made by this Act— 

20 (1) supersedes or otherwise affects any provision 

21 of Federal law, including, in particular, laws pro22 viding recovery for injury to natural resources under 

23 the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) 

24 and laws for the protection of public health and the 

25 environment; or 


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108 

•S 1400 RS

1 (2) applies to any fine collected under section 

2 311 of the Federal Water Pollution Control Act (33 

3 U.S.C. 1321) for any incident other than the Deep4 water Horizon oil spill. 

5 (b) USE OF FUNDS.—Funds made available under this 

6 Act may be used only for eligible activities specifically au7 thorized by this Act. 


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Calendar No. 254 

112TH CONGRESS 

1ST SESSION S. 1400 

[Report No. 112–100] 

A BILL 

To restore the natural resources, ecosystems, fishwater Horizon, and for other purposes. sinking of, the mobile offshore drilling unit Deep- nities adversely affected by the explosion on, and jobs and revive the economic health of commu- coastal wetlands of Gulf Coast States, to create eries, marine and wildlife habitats, beaches, and 

DECEMBER 8, 2011 

Reported with an amendment 


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