II 

112TH CONGRESS 

1ST SESSION S. 1400 

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 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Resources and Eco3 systems Sustainability, Tourist Opportunities, and Re4 vived Economies of the Gulf Coast States Act of 2011’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds that— 

7 (1) as a result of decades of oil and gas devel8 opment in the Gulf of Mexico, producing and non9 producing States in the Gulf Coast region have 

10 borne substantial risks of environmental damage and 

11 economic harm, all of which culminated with the ex12 plosion on, and sinking of, the mobile offshore drill13 ing unit Deepwater Horizon; 

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

15 that began following the explosion on, and sinking 

16 of, the mobile offshore drilling unit Deepwater Hori17 zon has caused substantial environmental destruc18 tion and economic harm to the people and commu19 nities of the Gulf Coast region; 

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

21 Coast—A Long Term Recovery Plan after the Deep22 water Horizon Oil Spill’’, the Secretary of the Navy 

23 stated, ‘‘Together, the Gulf’s tourism and commer24 cial and recreational fishing industries contribute 

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

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


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

2 federal treasury receives roughly $4.5 billion dollars 

3 every year from offshore leases and royalties. And it 

4 is in the Gulf of Mexico that nearly one third of sea5 food production in the continental U.S. is harvested. 

6 America needs a healthy and resilient Gulf Coast, 

7 one that can support the diverse economies, commu8 nities, and cultures of the region.’’; 

9 (B) to address the needs of the Gulf Coast re10 gion, the Secretary of the Navy stated, ‘‘It is rec11 ommended that the President urge Congress to pass 

12 legislation that would dedicate a significant amount 

13 of any civil penalties recovered under the Clean 

14 Water Act from parties responsible for the Deep15 water Horizon oil spill to those directly impacted by 

16 that spill.’’; and 

17 (C) to mitigate local challenges and help restore 

18 the resiliency of communities adversely affected by 

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

20 legislation described in subparagraph (B) should 

21 ‘‘[b]uild economic development strategies around 

22 community needs, and take particular efforts to ad23 dress the needs of disadvantaged, underserved, and 

24 resource constrained communities’’; 


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1 (4) in a final report to the President, the Na2 tional Commission on the BP Deepwater Horizon 

3 Oil Spill and Offshore Drilling— 

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

5 restoration, including but not limited to the 

6 Mississippi Delta, vary widely, but according to 

7 testimony before the Commission, full restora8 tion of the Gulf will require $15 billion to $20 

9 billion: a minimum of $500 million annually for 

10 30 years.’’; and 

11 (B) like the Secretary of the Navy, rec12 ommended that, to meet the needs described in 

13 subparagraph (A), a substantial portion of ap14 plicable penalties under the Federal Water Pol15 lution Control Act (33 U.S.C. 1251 et seq.) be 

16 dedicated to long-term restoration of the Gulf 

17 of Mexico; 

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

19 Coast States for decades of oil and gas development 

20 and the environmental degradation suffered by the 

21 Gulf Coast ecosystem, the amounts received by the 

22 United States as payment of administrative, civil, or 

23 criminal penalties in connection with the explosion 

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

25 Deepwater Horizon should be expended— 


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1 (A) to restore the natural resources, eco2 systems, fisheries, marine and wildlife habitats, 

3 beaches, barrier islands, dunes, coastal wet4 lands, and economy of the Gulf Coast; and 

5 (B) to address the associated economic 

6 harm suffered by the people and communities 

7 of the region; 

8 (6) the projects and programs authorized by 

9 this Act and the amendments made by this Act 

10 should be carried out pursuant to contracts awarded 

11 in a manner that provides a preference to individuals 

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

13 are principally engaged in business in a Gulf Coast 

14 State; and 

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

16 seek— 

17 (A) to leverage the financial resources 

18 made available under this Act; and 

19 (B) to the maximum extent practicable, to 

20 ensure that projects funded pursuant to this 

21 Act complement efforts planned or in operation 

22 to revitalize the natural resources and economic 

23 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 02:23 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1400.IS 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. 

Æ 


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