H. R. 4348—184 

‘‘A State may permit the installation of signs that acknowledge 

the sponsorship of rest areas within such rest areas or along the 

main traveled way of the system, provided that such signs shall 

not affect the safe and efficient utilization of the Interstate System 

and the primary system. The Secretary shall establish criteria 

for the installation of such signs on the main traveled way, including 

criteria pertaining to the placement of rest area sponsorship 

acknowledgment signs in relation to the placement of advance guide 

signs for rest areas.’’. 

Subtitle F—Gulf Coast Restoration 

SEC. 1601. SHORT TITLE. 

This subtitle may be cited as the ‘‘Resources and Ecosystems 

Sustainability, Tourist Opportunities, and Revived Economies of 

the Gulf Coast States Act of 2012’’. 

SEC. 1602. GULF COAST RESTORATION TRUST FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a trust fund to be known as the ‘‘Gulf Coast 

Restoration Trust Fund’’ (referred to in this section as the ‘‘Trust 

Fund’’), consisting of such amounts as are deposited in the Trust 

Fund under this Act or any other provision of law. 

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

in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date 

of enactment of this Act in connection with the explosion on, and 

sinking of, the mobile offshore drilling unit Deepwater Horizon 

pursuant to a court order, negotiated settlement, or other 

instrument in accordance with section 311 of the Federal Water 

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

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

interest earned on advances to the Trust Fund and proceeds from 

investment under subsection (d), shall— 

(1) be available for expenditure, without further appropriation, solely for the purpose and eligible activities of this subtitle 

and the amendments made by this subtitle; and 

(2) remain available until expended, without fiscal year 

limitation. 

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

in accordance with section 9702 of title 31, United States Code, 

and any interest on, and proceeds from, any such investment shall 

be available for expenditure in accordance with this subtitle and 

the amendments made by this subtitle. 

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

of enactment of this Act, after providing notice and an opportunity 

for public comment, the Secretary of the Treasury, in consultation 

with the Secretary of the Interior and the Secretary of Commerce, 

shall establish such procedures as the Secretary determines to 

be necessary to deposit amounts in, and expend amounts from, 

the Trust Fund pursuant to this subtitle, including— 

(1) procedures to assess whether the programs and activities carried out under this subtitle and the amendments made 

by this subtitle achieve compliance with applicable requirements, including procedures by which the Secretary of the 

Treasury may determine whether an expenditure by a Gulf 
H. R. 4348—185 

Coast State or coastal political subdivision (as those terms 

are defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to such a program or 

activity achieves compliance; 

(2) auditing requirements to ensure that amounts in the 

Trust Fund are expended as intended; and 

(3) procedures for identification and allocation of funds 

available to the Secretary under other provisions of law that 

may be necessary to pay the administrative expenses directly 

attributable to the management of the Trust Fund. 

(f) SUNSET.—The authority for the Trust Fund shall terminate 

on the date all funds in the Trust Fund have been expended. 

SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND 

ECONOMIC RECOVERY. 

Section 311 of the Federal Water Pollution Control Act (33 

U.S.C. 1321) is amended— 

(1) in subsection (a)— 

(A) in paragraph (25)(B), by striking ‘‘and’’ at the end; 

(B) in paragraph (26)(D), by striking the period at 

the end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(27) the term ‘best available science’ means science that— 

‘‘(A) maximizes the quality, objectivity, and integrity 

of information, including statistical information; 

‘‘(B) uses peer-reviewed and publicly available data; 

and 

‘‘(C) clearly documents and communicates risks and 

uncertainties in the scientific basis for such projects; 

‘‘(28) the term ‘Chairperson’ means the Chairperson of the 

Council; 

‘‘(29) the term ‘coastal political subdivision’ means any 

local political jurisdiction that is immediately below the State 

level of government, including a county, parish, or borough, 

with a coastline that is contiguous with any portion of the 

United States Gulf of Mexico; 

‘‘(30) the term ‘Comprehensive Plan’ means the comprehensive plan developed by the Council pursuant to subsection 

(t); 

‘‘(31) the term ‘Council’ means the Gulf Coast Ecosystem 

Restoration Council established pursuant to subsection (t); 

‘‘(32) the term ‘Deepwater Horizon oil spill’ means the 

blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting 

hydrocarbon releases into the environment; 

‘‘(33) the term ‘Gulf Coast region’ means— 

‘‘(A) in the Gulf Coast States, the coastal zones (as 

that term is defined in section 304 of the Coastal Zone 

Management Act of 1972 (16 U.S.C. 1453)), except that, 

in this section, the term ‘coastal zones’ includes land within 

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

of which is by law subject solely to the discretion of, the 

Federal Government or officers or agents of the Federal 

Government)) that border the Gulf of Mexico; 

‘‘(B) any adjacent land, water, and watersheds, that 

are within 25 miles of the coastal zones described in 

subparagraph (A) of the Gulf Coast States; and 
H. R. 4348—186 

‘‘(C) all Federal waters in the Gulf of Mexico; 

‘‘(34) the term ‘Gulf Coast State’ means any of the States 

of Alabama, Florida, Louisiana, Mississippi, and Texas; and 

‘‘(35) the term ‘Trust Fund’ means the Gulf Coast Restoration Trust Fund established pursuant to section 1602 of the 

Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 

2012.’’; 

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

subsection (t)’’ before the period at the end; and 

(3) by adding at the end the following: 

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

‘‘(1) STATE ALLOCATION AND EXPENDITURES.— 

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

in any fiscal year from the Trust Fund, 35 percent shall 

be available, in accordance with the requirements of this 

section, to the Gulf Coast States in equal shares for 

expenditure for ecological and economic restoration of the 

Gulf Coast region in accordance with this subsection. 

‘‘(B) USE OF FUNDS.— 

‘‘(i) ELIGIBLE ACTIVITIES IN THE GULF COAST

REGION.—Subject to clause (iii), amounts provided to 

the Gulf Coast States under this subsection may only 

be used to carry out 1 or more of the following activities 

in the Gulf Coast region: 

‘‘(I) Restoration and protection of the natural 

resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the 

Gulf Coast region. 

‘‘(II) Mitigation of damage to fish, wildlife, and 

natural resources. 

‘‘(III) Implementation of a federally approved 

marine, coastal, or comprehensive conservation 

management plan, including fisheries monitoring. 

‘‘(IV) Workforce development and job creation. 

‘‘(V) Improvements to or on State parks located 

in coastal areas affected by the Deepwater Horizon 

oil spill. 

‘‘(VI) Infrastructure projects benefitting the 

economy or ecological resources, including port 

infrastructure. 

‘‘(VII) Coastal flood protection and related 

infrastructure. 

‘‘(VIII) Planning assistance. 

‘‘(IX) Administrative costs of complying with 

this subsection. 

‘‘(ii) ACTIVITIES TO PROMOTE TOURISM AND SEAFOOD

IN THE GULF COAST REGION.—Amounts provided to the 

Gulf Coast States under this subsection may be used 

to carry out 1 or more of the following activities: 

‘‘(I) Promotion of tourism in the Gulf Coast 

Region, including recreational fishing. 

‘‘(II) Promotion of the consumption of seafood 

harvested from the Gulf Coast Region. 

‘‘(iii) LIMITATION.— ‘‘(I) IN GENERAL.—Of the amounts received by 

a Gulf Coast State under this subsection, not more 
H. R. 4348—187 

than 3 percent may be used for administrative 

costs eligible under clause (i)(IX). 

‘‘(II) CLAIMS FOR COMPENSATION.—Activities 

funded under this subsection may not be included 

in any claim for compensation paid out by the 

Oil Spill Liability Trust Fund after the date of 

enactment of this subsection. 

‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— 

‘‘(i) DISTRIBUTION.—In the case of a State where 

the coastal zone includes the entire State— 

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

directly to the 8 disproportionately affected counties impacted by the Deepwater Horizon oil spill; 

and 

‘‘(II) 25 percent shall be provided directly to 

nondisproportionately impacted counties within 

the State. 

‘‘(ii) NONDISPROPORTIONATELY IMPACTED COUNTIES.—The total amounts made available to coastal 

political subdivisions in the State of Florida under 

clause (i)(II) shall be distributed according to the following weighted formula: 

‘‘(I) 34 percent based on the weighted average 

of the population of the county. 

‘‘(II) 33 percent based on the weighted average 

of the county per capita sales tax collections estimated for fiscal year 2012. 

‘‘(III) 33 percent based on the inverse proportion of the weighted average distance from the 

Deepwater Horizon oil rig to each of the nearest 

and farthest points of the shoreline. 

‘‘(D) LOUISIANA.— 

‘‘(i) IN GENERAL.—Of the total amounts made available to the State of Louisiana under this paragraph: 

‘‘(I) 70 percent shall be provided directly to 

the State in accordance with this subsection. 

‘‘(II) 30 percent shall be provided directly to 

parishes in the coastal zone (as defined in section 

304 of the Coastal Zone Management Act of 1972 

(16 U.S.C. 1453)) of the State of Louisiana 

according to the following weighted formula: 

‘‘(aa) 40 percent based on the weighted 

average of miles of the parish shoreline oiled. 

‘‘(bb) 40 percent based on the weighted 

average of the population of the parish. 

‘‘(cc) 20 percent based on the weighted 

average of the land mass of the parish. 

‘‘(ii) CONDITIONS.— ‘‘(I) LAND USE PLAN.—As a condition of 

receiving amounts allocated under this paragraph, 

the chief executive of the eligible parish shall certify to the Governor of the State that the parish 

has completed a comprehensive land use plan. 

‘‘(II) OTHER CONDITIONS.—A coastal political 

subdivision receiving funding under this paragraph 

shall meet all of the conditions in subparagraph 

(E). 
H. R. 4348—188 

‘‘(E) CONDITIONS.—As a condition of receiving amounts 

from the Trust Fund, a Gulf Coast State, including the 

entities described in subparagraph (F), or a coastal political 

subdivision shall— 

‘‘(i) agree to meet such conditions, including audit 

requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed 

from the Trust Fund will be used in accordance with 

this subsection; 

‘‘(ii) certify in such form and in such manner as 

the Secretary of the Treasury determines necessary 

that the project or program for which the Gulf Coast 

State or coastal political subdivision is requesting 

amounts— 

‘‘(I) is designed to restore and protect the natural resources, ecosystems, fisheries, marine and 

wildlife habitats, beaches, coastal wetlands, or 

economy of the Gulf Coast; 

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

described in clauses (i) and (ii) of subparagraph 

(B); 

‘‘(III) was selected based on meaningful input 

from the public, including broad-based participation from individuals, businesses, and nonprofit 

organizations; and 

‘‘(IV) in the case of a natural resource protection or restoration project, is based on the best 

available science; 

‘‘(iii) certify that the project or program and the 

awarding of a contract for the expenditure of amounts 

received under this paragraph are consistent with the 

standard procurement rules and regulations governing 

a comparable project or program in that State, 

including all applicable competitive bidding and audit 

requirements; and 

‘‘(iv) develop and submit a multiyear implementation plan for the use of such amounts, which may 

include milestones, projected completion of each 

activity, and a mechanism to evaluate the success of 

each activity in helping to restore and protect the 

Gulf Coast region impacted by the Deepwater Horizon 

oil spill. 

‘‘(F) APPROVAL BY STATE ENTITY, TASK FORCE, OR

AGENCY.—The following Gulf Coast State entities, task 

forces, or agencies shall carry out the duties of a Gulf 

Coast State pursuant to this paragraph: 

‘‘(i) ALABAMA.— ‘‘(I) IN GENERAL.—In the State of Alabama, 

the Alabama Gulf Coast Recovery Council, which 

shall be comprised of only the following: 

‘‘(aa) The Governor of Alabama, who shall 

also serve as Chairperson and preside over 

the meetings of the Alabama Gulf Coast 

Recovery Council. 

‘‘(bb) The Director of the Alabama State 

Port Authority, who shall also serve as Vice 

Chairperson and preside over the meetings 
H. R. 4348—189 

of the Alabama Gulf Coast Recovery Council 

in the absence of the Chairperson. 

‘‘(cc) The Chairman of the Baldwin County 

Commission. 

‘‘(dd) The President of the Mobile County 

Commission. 

‘‘(ee) The Mayor of the city of Bayou La 

Batre. 

‘‘(ff) The Mayor of the town of Dauphin 

Island. 

‘‘(gg) The Mayor of the city of Fairhope. 

‘‘(hh) The Mayor of the city of Gulf Shores. 

‘‘(ii) The Mayor of the city of Mobile. 

‘‘(jj) The Mayor of the city of Orange 

Beach. 

‘‘(II) VOTE.—Each member of the Alabama 

Gulf Coast Recovery Council shall be entitled to 

1 vote. 

‘‘(III) MAJORITY VOTE.—All decisions of the 

Alabama Gulf Coast Recovery Council shall be 

made by majority vote. 

‘‘(IV) LIMITATION ON ADMINISTRATIVE

EXPENSES.—Administrative duties for the Alabama 

Gulf Coast Recovery Council may only be performed by public officials and employees that are 

subject to the ethics laws of the State of Alabama. 

‘‘(ii) LOUISIANA.—In the State of Louisiana, the 

Coastal Protection and Restoration Authority of Louisiana. 

‘‘(iii) MISSISSIPPI.—In the State of Mississippi, the 

Mississippi Department of Environmental Quality. 

‘‘(iv) TEXAS.—In the State of Texas, the Office of 

the Governor or an appointee of the Office of the Governor. 

‘‘(G) COMPLIANCE WITH ELIGIBLE ACTIVITIES.—If the 

Secretary of the Treasury determines that an expenditure 

by a Gulf Coast State or coastal political subdivision of 

amounts made available under this subsection does not 

meet one of the activities described in clauses (i) and (ii) 

of subparagraph (B), the Secretary shall make no additional 

amounts from the Trust Fund available to that Gulf Coast 

State or coastal political subdivision until such time as 

an amount equal to the amount expended for the unauthorized use— 

‘‘(i) has been deposited by the Gulf Coast State 

or coastal political subdivision in the Trust Fund; or 

‘‘(ii) has been authorized by the Secretary of the 

Treasury for expenditure by the Gulf Coast State or 

coastal political subdivision for a project or program 

that meets the requirements of this subsection. 

‘‘(H) COMPLIANCE WITH CONDITIONS.—If the Secretary 

of the Treasury determines that a Gulf Coast State or 

coastal political subdivision does not meet the requirements 

of this paragraph, including the conditions of subparagraph 

(E), where applicable, the Secretary of the Treasury shall 

make no amounts from the Trust Fund available to that 
H. R. 4348—190 

Gulf Coast State or coastal political subdivision until all 

conditions of this paragraph are met. 

‘‘(I) PUBLIC INPUT.—In meeting any condition of this 

paragraph, a Gulf Coast State may use an appropriate 

procedure for public consultation in that Gulf Coast State, 

including consulting with one or more established task 

forces or other entities, to develop recommendations for 

proposed projects and programs that would restore and 

protect the natural resources, ecosystems, fisheries, marine 

and wildlife habitats, beaches, coastal wetlands, and 

economy of the Gulf Coast. 

‘‘(J) PREVIOUSLY APPROVED PROJECTS AND PROGRAMS.— 

A Gulf Coast State or coastal political subdivision shall 

be considered to have met the conditions of subparagraph 

(E) for a specific project or program if, before the date 

of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of 

the Gulf Coast States Act of 2012— 

‘‘(i) the Gulf Coast State or coastal political subdivision has established conditions for carrying out 

projects and programs that are substantively the same 

as the conditions described in subparagraph (E); and 

‘‘(ii) the applicable project or program carries out 

1 or more of the activities described in clauses (i) 

and (ii) of subparagraph (B). 

‘‘(K) LOCAL PREFERENCE.—In awarding contracts to 

carry out a project or program under this paragraph, a 

Gulf Coast State or coastal political subdivision may give 

a preference to individuals and companies that reside in, 

are headquartered in, or are principally engaged in business in the State of project execution. 

‘‘(L) UNUSED FUNDS.—Funds allocated to a State or 

coastal political subdivision under this paragraph shall 

remain in the Trust Fund until such time as the State 

or coastal political subdivision develops and submits a plan 

identifying uses for those funds in accordance with subparagraph (E)(iv). 

‘‘(M) JUDICIAL REVIEW.—If the Secretary of the 

Treasury determines that a Gulf Coast State or coastal 

political subdivision does not meet the requirements of 

this paragraph, including the conditions of subparagraph 

(E), the Gulf Coast State or coastal political subdivision 

may obtain expedited judicial review within 90 days after 

that decision in a district court of the United States, of 

appropriate jurisdiction and venue, that is located within 

the State seeking the review. 

‘‘(N) COST-SHARING.— ‘‘(i) IN GENERAL.—A Gulf Coast State or coastal 

political subdivision may use, in whole or in part, 

amounts made available under this paragraph to that 

Gulf Coast State or coastal political subdivision to satisfy the non-Federal share of the cost of any project 

or program authorized by Federal law that is an 

eligible activity described in clauses (i) and (ii) of 

subparagraph (B). 

‘‘(ii) EFFECT ON OTHER FUNDS.—The use of funds 

made available from the Trust Fund to satisfy the 
H. R. 4348—191 

non-Federal share of the cost of a project or program 

that meets the requirements of clause (i) shall not 

affect the priority in which other Federal funds are 

allocated or awarded. 

‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCATION.— 

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

in any fiscal year from the Trust Fund, 30 percent shall 

be disbursed to the Council to carry out the Comprehensive 

Plan. 

‘‘(B) COUNCIL EXPENDITURES.— ‘‘(i) IN GENERAL.—In accordance with this paragraph, the Council shall expend funds made available 

from the Trust Fund to undertake projects and programs, using the best available science, that would 

restore and protect the natural resources, ecosystems, 

fisheries, marine and wildlife habitats, beaches, coastal 

wetlands, and economy of the Gulf Coast. 

‘‘(ii) ALLOCATION AND EXPENDITURE PROCEDURES.— 

The Secretary of the Treasury shall develop such conditions, including audit requirements, as the Secretary 

of the Treasury determines necessary to ensure that 

amounts disbursed from the Trust Fund to the Council 

to implement the Comprehensive Plan will be used 

in accordance with this paragraph. 

‘‘(iii) ADMINISTRATIVE EXPENSES.—Of the amounts 

received by the Council under this paragraph, not more 

than 3 percent may be used for administrative 

expenses, including staff. 

‘‘(C) GULF COAST ECOSYSTEM RESTORATION COUNCIL.— 

‘‘(i) ESTABLISHMENT.—There is established as an 

independent entity in the Federal Government a 

council to be known as the ‘Gulf Coast Ecosystem 

Restoration Council’. 

‘‘(ii) MEMBERSHIP.—The Council shall consist of 

the following members, or in the case of a Federal 

agency, a designee at the level of the Assistant Secretary or the equivalent: 

‘‘(I) The Secretary of the Interior. 

‘‘(II) The Secretary of the Army. 

‘‘(III) The Secretary of Commerce. 

‘‘(IV) The Administrator of the Environmental 

Protection Agency. 

‘‘(V) The Secretary of Agriculture. 

‘‘(VI) The head of the department in which 

the Coast Guard is operating. 

‘‘(VII) The Governor of the State of Alabama. 

‘‘(VIII) The Governor of the State of Florida. 

‘‘(IX) The Governor of the State of Louisiana. 

‘‘(X) The Governor of the State of Mississippi. 

‘‘(XI) The Governor of the State of Texas. 

‘‘(iii) ALTERNATE.—A Governor appointed to the 

Council by the President may designate an alternate 

to represent the Governor on the Council and vote 

on behalf of the Governor. 

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

agency members of the Council, the representatives 

of States on the Council shall select, and the President 
H. R. 4348—192 

shall appoint, 1 Federal member to serve as Chairperson of the Council. 

‘‘(v) PRESIDENTIAL APPOINTMENT.—All Council 

members shall be appointed by the President. 

‘‘(vi) COUNCIL ACTIONS.— 

‘‘(I) IN GENERAL.—The following actions by the 

Council shall require the affirmative vote of the 

Chairperson and a majority of the State members 

to be effective: 

‘‘(aa) Approval of a Comprehensive Plan 

and future revisions to a Comprehensive Plan. 

‘‘(bb) Approval of State plans pursuant to 

paragraph (3)(B)(iv). 

‘‘(cc) Approval of reports to Congress 

pursuant to clause (vii)(VII). 

‘‘(dd) Approval of transfers pursuant to 

subparagraph (E)(ii)(I). 

‘‘(ee) Other significant actions determined 

by the Council. 

‘‘(II) QUORUM.—A majority of State members 

shall be required to be present for the Council 

to take any significant action. 

‘‘(III) AFFIRMATIVE VOTE REQUIREMENT

CONSIDERED MET.—For approval of State plans 

pursuant to paragraph (3)(B)(iv), the certification 

by a State member of the Council that the plan 

satisfies all requirements of clauses (i) and (ii) 

of paragraph (3)(B), when joined by an affirmative 

vote of the Federal Chairperson of the Council, 

shall be considered to satisfy the requirements 

for affirmative votes under subclause (I). 

‘‘(IV) PUBLIC TRANSPARENCY.—Appropriate 

actions of the Council, including significant actions 

and associated deliberations, shall be made available to the public via electronic means prior to 

any vote. 

‘‘(vii) DUTIES OF COUNCIL.—The Council shall— 

‘‘(I) develop the Comprehensive Plan and 

future revisions to the Comprehensive Plan; 

‘‘(II) identify as soon as practicable the projects 

that— 

‘‘(aa) have been authorized prior to the 

date of enactment of this subsection but not 

yet commenced; and 

‘‘(bb) if implemented quickly, would 

restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and 

coastal wetlands of the Gulf Coast region; 

‘‘(III) establish such other 1 or more advisory 

committees as may be necessary to assist the 

Council, including a scientific advisory committee 

and a committee to advise the Council on public 

policy issues; 

‘‘(IV) collect and consider scientific and other 

research associated with restoration of the Gulf 

Coast ecosystem, including research, observation, 
H. R. 4348—193 

and monitoring carried out pursuant to sections 

1604 and 1605 of the Resources and Ecosystems 

Sustainability, Tourist Opportunities, and Revived 

Economies of the Gulf Coast States Act of 2012; 

‘‘(V) develop standard terms to include in contracts for projects and programs awarded pursuant 

to the Comprehensive Plan that provide a preference to individuals and companies that reside 

in, are headquartered in, or are principally 

engaged in business in a Gulf Coast State; 

‘‘(VI) prepare an integrated financial plan and 

recommendations for coordinated budget requests 

for the amounts proposed to be expended by the 

Federal agencies represented on the Council for 

projects and programs in the Gulf Coast States; 

and 

‘‘(VII) submit to Congress an annual report 

that— 

‘‘(aa) summarizes the policies, strategies, 

plans, and activities for addressing the restoration and protection of the Gulf Coast 

region; 

‘‘(bb) describes the projects and programs 

being implemented to restore and protect the 

Gulf Coast region, including— 

‘‘(AA) a list of each project and program; 

‘‘(BB) an identification of the funding 

provided to projects and programs identified in subitem (AA); 

‘‘(CC) an identification of each 

recipient for funding identified in subitem 

(BB); and 

‘‘(DD) a description of the length of 

time and funding needed to complete the 

objectives of each project and program 

identified in subitem (AA); 

‘‘(cc) makes such recommendations to Congress for modifications of existing laws as the 

Council determines necessary to implement 

the Comprehensive Plan; 

‘‘(dd) reports on the progress on 

implementation of each project or program— 

‘‘(AA) after 3 years of ongoing activity 

of the project or program, if applicable; 

and 

‘‘(BB) on completion of the project or 

program; 

‘‘(ee) includes the information required to 

be submitted under section 1605(c)(4) of the 

Resources and Ecosystems Sustainability, 

Tourist Opportunities, and Revived Economies 

of the Gulf Coast States Act of 2012; and 

‘‘(ff) submits the reports required under 

item (dd) to— 

‘‘(AA) the Committee on Science, 

Space, and Technology, the Committee on 
H. R. 4348—194 

Natural Resources, the Committee on 

Transportation and Infrastructure, and 

the Committee on Appropriations of the 

House of Representatives; and 

‘‘(BB) the Committee on Environment 

and Public Works, the Committee on Commerce, Science, and Transportation, the 

Committee on Energy and Natural 

Resources, and the Committee on Appropriations of the Senate. 

‘‘(viii) APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT.—The Council, or any other advisory committee established under this subparagraph, shall not 

be considered an advisory committee under the Federal 

Advisory Committee Act (5 U.S.C. App.). 

‘‘(ix) SUNSET.—The authority for the Council, and 

any other advisory committee established under this 

subparagraph, shall terminate on the date all funds 

in the Trust Fund have been expended. 

‘‘(D) COMPREHENSIVE PLAN.— 

‘‘(i) PROPOSED PLAN.— 

‘‘(I) IN GENERAL.—Not later than 180 days 

after the date of enactment of the Resources and 

Ecosystems Sustainability, Tourist Opportunities, 

and Revived Economies of the Gulf Coast States 

Act of 2012, the Chairperson, on behalf of the 

Council and after appropriate public input, review, 

and comment, shall publish a proposed plan to 

restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, 

beaches, and coastal wetlands of the Gulf Coast 

region. 

‘‘(II) INCLUSIONS.—The proposed plan 

described in subclause (I) shall include and incorporate the findings and information prepared by 

the President’s Gulf Coast Restoration Task Force. 

‘‘(ii) PUBLICATION.— ‘‘(I) INITIAL PLAN.—Not later than 1 year after 

the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and 

Revived Economies of the Gulf Coast States Act 

of 2012 and after notice and opportunity for public 

comment, the Chairperson, on behalf of the Council 

and after approval by the Council, shall publish 

in the Federal Register the initial Comprehensive 

Plan to restore and protect the natural resources, 

ecosystems, fisheries, marine and wildlife habitats, 

beaches, and coastal wetlands of the Gulf Coast 

region. 

‘‘(II) COOPERATION WITH GULF COAST RESTORA- TION TASK FORCE.—The Council shall develop the 

initial Comprehensive Plan in close coordination 

with the President’s Gulf Coast Restoration Task 

Force. 

‘‘(III) CONSIDERATIONS.—In developing the initial Comprehensive Plan and subsequent updates, 

the Council shall consider all relevant findings, 
H. R. 4348—195 

reports, or research prepared or funded under section 1604 or 1605 of the Resources and Ecosystems 

Sustainability, Tourist Opportunities, and Revived 

Economies of the Gulf Coast States Act of 2012. 

‘‘(IV) CONTENTS.—The initial Comprehensive 

Plan shall include— 

‘‘(aa) such provisions as are necessary to 

fully incorporate in the Comprehensive Plan 

the strategy, projects, and programs recommended by the President’s Gulf Coast Restoration Task Force; 

‘‘(bb) a list of any project or program 

authorized prior to the date of enactment of 

this subsection but not yet commenced, the 

completion of which would further the purposes and goals of this subsection and of the 

Resources and Ecosystems Sustainability, 

Tourist Opportunities, and Revived Economies 

of the Gulf Coast States Act of 2012; 

‘‘(cc) a description of the manner in which 

amounts from the Trust Fund projected to be 

made available to the Council for the succeeding 10 years will be allocated; and 

‘‘(dd) subject to available funding in 

accordance with clause (iii), a prioritized list 

of specific projects and programs to be funded 

and carried out during the 3-year period immediately following the date of publication of the 

initial Comprehensive Plan, including a table 

that illustrates the distribution of projects and 

programs by the Gulf Coast State. 

‘‘(V) PLAN UPDATES.—The Council shall 

update— 

‘‘(aa) the Comprehensive Plan every 5 

years in a manner comparable to the manner 

established in this subparagraph for each 5- 

year period for which amounts are expected 

to be made available to the Gulf Coast States 

from the Trust Fund; and 

‘‘(bb) the 3-year list of projects and programs described in subclause (IV)(dd) 

annually. 

‘‘(iii) RESTORATION PRIORITIES.—Except for projects 

and programs described in clause (ii)(IV)(bb), in 

selecting projects and programs to include on the 3- 

year list described in clause (ii)(IV)(dd), based on the 

best available science, the Council shall give highest 

priority to projects that address 1 or more of the following criteria: 

‘‘(I) Projects that are projected to make the 

greatest contribution to restoring and protecting 

the natural resources, ecosystems, fisheries, 

marine and wildlife habitats, beaches, and coastal 

wetlands of the Gulf Coast region, without regard 

to geographic location within the Gulf Coast 

region. 
H. R. 4348—196 

‘‘(II) Large-scale projects and programs that 

are projected to substantially contribute to 

restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, 

beaches, and coastal wetlands of the Gulf Coast 

ecosystem. 

‘‘(III) Projects contained in existing Gulf Coast 

State comprehensive plans for the restoration and 

protection of natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and 

coastal wetlands of the Gulf Coast region. 

‘‘(IV) Projects that restore long-term resiliency 

of the natural resources, ecosystems, fisheries, 

marine and wildlife habitats, beaches, and coastal 

wetlands most impacted by the Deepwater Horizon 

oil spill. 

‘‘(E) IMPLEMENTATION.— 

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

Federal agencies represented on the Council and Gulf 

Coast States, shall expend funds made available from 

the Trust Fund to carry out projects and programs 

adopted in the Comprehensive Plan. 

‘‘(ii) ADMINISTRATIVE RESPONSIBILITY.— 

‘‘(I) IN GENERAL.—Primary authority and 

responsibility for each project and program 

included in the Comprehensive Plan shall be 

assigned by the Council to a Gulf Coast State 

represented on the Council or a Federal agency. 

‘‘(II) TRANSFER OF AMOUNTS.—Amounts necessary to carry out each project or program 

included in the Comprehensive Plan shall be transferred by the Secretary of the Treasury from the 

Trust Fund to that Federal agency or Gulf Coast 

State as the project or program is implemented, 

subject to such conditions as the Secretary of the 

Treasury, in consultation with the Secretary of 

the Interior and the Secretary of Commerce, established pursuant to section 1602 of the Resources 

and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast 

States Act of 2012. 

‘‘(III) LIMITATION ON TRANSFERS.— 

‘‘(aa) GRANTS TO NONGOVERNMENTAL ENTITIES.—In the case of funds transferred to a 

Federal or State agency under subclause (II), 

the agency shall not make 1 or more grants 

or cooperative agreements to a nongovernmental entity if the total amount provided 

to the entity would equal or exceed 10 percent 

of the total amount provided to the agency 

for that particular project or program, unless 

the 1 or more grants have been reported in 

accordance with item (bb). 

‘‘(bb) REPORTING OF GRANTEES.—At least 

30 days prior to making a grant or entering 

into a cooperative agreement described in item 

(aa), the name of each grantee, including the 
H. R. 4348—197 

amount and purpose of each grant or cooperative agreement, shall be published in the Federal Register and delivered to the congressional committees listed in subparagraph 

(C)(vii)(VII)(ff). 

‘‘(cc) ANNUAL REPORTING OF GRANTEES.— 

Annually, the name of each grantee, including 

the amount and purposes of each grant or 

cooperative agreement, shall be published in 

the Federal Register and delivered to Congress 

as part of the report submitted pursuant to 

subparagraph (C)(vii)(VII). 

‘‘(IV) PROJECT AND PROGRAM LIMITATION.—The 

Council, a Federal agency, or a State may not 

carry out a project or program funded under this 

paragraph outside of the Gulf Coast region. 

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

members of the Council may develop memoranda of understanding establishing integrated funding and implementation plans among the member agencies and authorities. 

‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCATION.— 

‘‘(A) IN GENERAL.— 

‘‘(i) DISBURSEMENT.—Of the total amount made 

available from the Trust Fund, 30 percent shall be 

disbursed pursuant to the formula in clause (ii) to 

the Gulf Coast States on the approval of the plan 

described in subparagraph (B)(i). 

‘‘(ii) FORMULA.—Subject to subparagraph (B), for 

each Gulf Coast State, the amount disbursed under 

this paragraph shall be based on a formula established 

by the Council by regulation that is based on a 

weighted average of the following criteria: 

‘‘(I) 40 percent based on the proportionate 

number of miles of shoreline in each Gulf Coast 

State that experienced oiling on or before April 

10, 2011, compared to the total number of miles 

of shoreline that experienced oiling as a result 

of the Deepwater Horizon oil spill. 

‘‘(II) 40 percent based on the inverse proportion of the average distance from the mobile offshore drilling unit Deepwater Horizon at the time 

of the explosion to the nearest and farthest point 

of the shoreline that experienced oiling of each 

Gulf Coast State. 

‘‘(III) 20 percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf 

Coast State. 

‘‘(iii) MINIMUM ALLOCATION.—The amount disbursed to a Gulf Coast State for each fiscal year under 

clause (ii) shall be at least 5 percent of the total 

amounts made available under this paragraph. 

‘‘(B) DISBURSEMENT OF FUNDS.— 

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

amounts to the respective Gulf Coast States in accordance with the formula developed under subparagraph 

(A) for projects, programs, and activities that will 
H. R. 4348—198 

improve the ecosystems or economy of the Gulf Coast 

region, subject to the condition that each Gulf Coast 

State submits a plan for the expenditure of amounts 

disbursed under this paragraph that meets the following criteria: 

‘‘(I) All projects, programs, and activities 

included in the plan are eligible activities pursuant 

to clauses (i) and (ii) of paragraph (1)(B). 

‘‘(II) The projects, programs, and activities 

included in the plan contribute to the overall economic and ecological recovery of the Gulf Coast. 

‘‘(III) The plan takes into consideration the 

Comprehensive Plan and is consistent with the 

goals and objectives of the Plan, as described in 

paragraph (2)(B)(i). 

‘‘(ii) FUNDING.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II), the plan described in clause (i) may 

use not more than 25 percent of the funding made 

available for infrastructure projects eligible under 

subclauses (VI) and (VII) of paragraph (1)(B)(i). 

‘‘(II) EXCEPTION.—The plan described in clause 

(i) may propose to use more than 25 percent of 

the funding made available for infrastructure 

projects eligible under subclauses (VI) and (VII) 

of paragraph (1)(B)(i) if the plan certifies that— 

‘‘(aa) ecosystem restoration needs in the 

State will be addressed by the projects in the 

proposed plan; and 

‘‘(bb) additional investment in infrastructure is required to mitigate the impacts of 

the Deepwater Horizon Oil Spill to the ecosystem or economy. 

‘‘(iii) DEVELOPMENT.—The plan described in clause 

(i) shall be developed by— 

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

Gulf Coast Recovery Council established under 

paragraph (1)(F)(i); 

‘‘(II) in the State of Florida, a consortia of 

local political subdivisions that includes at a minimum 1 representative of each affected county; 

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

Protection and Restoration Authority of Louisiana; 

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

of the Governor or an appointee of the Office of 

the Governor; and 

‘‘(V) in the State of Texas, the Office of the 

Governor or an appointee of the Office of the Governor. 

‘‘(iv) APPROVAL.—Not later than 60 days after the 

date on which a plan is submitted under clause (i), 

the Council shall approve or disapprove the plan based 

on the conditions of clause (i). 

‘‘(C) DISAPPROVAL.—If the Council disapproves a plan 

pursuant to subparagraph (B)(iv), the Council shall— 

‘‘(i) provide the reasons for disapproval in writing; 

and 
H. R. 4348—199 

‘‘(ii) consult with the State to address any identified deficiencies with the State plan. 

‘‘(D) FAILURE TO SUBMIT ADEQUATE PLAN.—If a State 

fails to submit an adequate plan under this paragraph, 

any funds made available under this paragraph shall 

remain in the Trust Fund until such date as a plan is 

submitted and approved pursuant to this paragraph. 

‘‘(E) JUDICIAL REVIEW.—If the Council fails to approve 

or take action within 60 days on a plan, as described 

in subparagraph (B)(iv), the State may obtain expedited 

judicial review within 90 days of that decision in a district 

court of the United States, of appropriate jurisdiction and 

venue, that is located within the State seeking the review. 

‘‘(F) COST-SHARING.— 

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

political subdivision may use, in whole or in part, 

amounts made available to that Gulf Coast State or 

coastal political subdivision under this paragraph to 

satisfy the non-Federal share of any project or program 

that— 

‘‘(I) is authorized by other Federal law; and 

‘‘(II) is an eligible activity described in clause 

(i) or (ii) of paragraph (1)(B). 

‘‘(ii) EFFECT ON OTHER FUNDS.—The use of funds 

made available from the Trust Fund under this paragraph to satisfy the non-Federal share of the cost of 

a project or program described in clause (i) shall not 

affect the priority in which other Federal funds are 

allocated or awarded. 

‘‘(4) AUTHORIZATION OF INTEREST TRANSFERS.—Of the total 

amount made available for any fiscal year from the Trust 

Fund that is equal to the interest earned by the Trust Fund 

and proceeds from investments made by the Trust Fund in 

the preceding fiscal year— 

‘‘(A) 50 percent shall be divided equally between— 

‘‘(i) the Gulf Coast Ecosystem Restoration Science, 

Observation, Monitoring, and Technology program 

authorized in section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and 

Revived Economies of the Gulf Coast States Act of 

2012; and 

‘‘(ii) the centers of excellence research grants 

authorized in section 1605 of that Act; and 

‘‘(B) 50 percent shall be made available to the Gulf 

Coast Ecosystem Restoration Council to carry out the Comprehensive Plan pursuant to paragraph (2).’’. 

SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 

OBSERVATION, MONITORING, AND TECHNOLOGY PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Oceanic and Atmospheric 

Administration. 

(2) COMMISSION.—The term ‘‘Commission’’ means the Gulf 

States Marine Fisheries Commission. 
H. R. 4348—200 

(3) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the United States Fish and Wildlife Service. 

(4) PROGRAM.—The term ‘‘program’’ means the Gulf Coast 

Ecosystem Restoration Science, Observation, Monitoring, and 

Technology program established under this section. 

(b) ESTABLISHMENT OF PROGRAM.— 

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

of enactment of this Act, the Administrator, in consultation 

with the Director, shall establish the Gulf Coast Ecosystem 

Restoration Science, Observation, Monitoring, and Technology 

program to carry out research, observation, and monitoring 

to support, to the maximum extent practicable, the long-term 

sustainability of the ecosystem, fish stocks, fish habitat, and 

the recreational, commercial, and charter fishing industry in 

the Gulf of Mexico. 

(2) EXPENDITURE OF FUNDS.—For each fiscal year, amounts 

made available to carry out this subsection may be expended 

for, with respect to the Gulf of Mexico— 

(A) marine and estuarine research; 

(B) marine and estuarine ecosystem monitoring and 

ocean observation; 

(C) data collection and stock assessments; 

(D) pilot programs for— 

(i) fishery independent data; and 

(ii) reduction of exploitation of spawning aggregations; and 

(E) cooperative research. 

(3) COOPERATION WITH THE COMMISSION.—For each fiscal 

year, amounts made available to carry out this subsection may 

be transferred to the Commission to establish a fisheries monitoring and research program, with respect to the Gulf of Mexico. 

(4) CONSULTATION.—The Administrator and the Director 

shall consult with the Regional Gulf of Mexico Fishery Management Council and the Commission in carrying out the program. 

(c) SPECIES INCLUDED.—The research, monitoring, assessment, 

and programs eligible for amounts made available under the program shall include all marine, estuarine, aquaculture, and fish 

species in State and Federal waters of the Gulf of Mexico. 

(d) RESEARCH PRIORITIES.—In distributing funding under this 

subsection, priority shall be given to integrated, long-term projects 

that— 

(1) build on, or are coordinated with, related research activities; and 

(2) address current or anticipated marine ecosystem, 

fishery, or wildlife management information needs. 

(e) DUPLICATION.—In carrying out this section, the Administrator, in consultation with the Director, shall seek to avoid duplication of other research and monitoring activities. 

(f) COORDINATION WITH OTHER PROGRAMS.—The Administrator, 

in consultation with the Director, shall develop a plan for the 

coordination of projects and activities between the program and 

other existing Federal and State science and technology programs 

in the States of Alabama, Florida, Louisiana, Mississippi, and 

Texas, as well as between the centers of excellence. 

(g) LIMITATION ON EXPENDITURES.— 
H. R. 4348—201 

(1) IN GENERAL.—Not more than 3 percent of funds provided in subsection (h) shall be used for administrative 

expenses. 

(2) NOAA.—The funds provided in subsection (h) may not 

be used— 

(A) for any existing or planned research led by the 

National Oceanic and Atmospheric Administration, unless 

agreed to in writing by the grant recipient; 

(B) to implement existing regulations or initiate new 

regulations promulgated or proposed by the National Oceanic and Atmospheric Administration; or 

(C) to develop or approve a new limited access privilege 

program (as that term is used in section 303A of the 

Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1853a)) for any fishery under the jurisdiction 

of the South Atlantic, Mid-Atlantic, New England, or Gulf 

of Mexico Fishery Management Councils. 

(h) FUNDING.—Of the total amount made available for each 

fiscal year for the Gulf Coast Restoration Trust Fund established 

under section 1602, 2.5 percent shall be available to carry out 

the program. 

(i) SUNSET.—The program shall cease operations when all funds 

in the Gulf Coast Restoration Trust Fund established under section 

1602 have been expended. 

SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS. 

(a) IN GENERAL.—Of the total amount made available for each 

fiscal year from the Gulf Coast Restoration Trust Fund established 

under section 1602, 2.5 percent shall be made available to the 

Gulf Coast States (as defined in section 311(a) of the Federal 

Water Pollution Control Act (as added by section 1603 of the 

Resources and Ecosystems Sustainability, Tourist Opportunities, 

and Revived Economies of the Gulf Coast States Act of 2012)), 

in equal shares, exclusively for grants in accordance with subsection 

(c) to establish centers of excellence to conduct research only on 

the Gulf Coast Region (as defined in section 311 of the Federal 

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

(b) APPROVAL BY STATE ENTITY, TASK FORCE, OR AGENCY.— The duties of a Gulf Coast State under this section shall be carried 

out by the applicable Gulf Coast State entities, task forces, or 

agencies listed in section 311(t)(1)(F) of the Federal Water Pollution 

Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012), and for the State 

of Florida, a consortium of public and private research institutions 

within the State, which shall include the Florida Department of 

Environmental Protection and the Florida Fish and Wildlife Conservation Commission, for that Gulf Coast State. 

(c) GRANTS.— (1) IN GENERAL.—A Gulf Coast State shall use the amounts 

made available to carry out this section to award competitive 

grants to nongovernmental entities and consortia in the Gulf 

Coast region (including public and private institutions of higher 

education) for the establishment of centers of excellence as 

described in subsection (d). 

(2) APPLICATION.—To be eligible to receive a grant under 

this subsection, an entity or consortium described in paragraph 
H. R. 4348—202 

(1) shall submit to a Gulf Coast State an application at such 

time, in such manner, and containing such information as 

the Gulf Coast State determines to be appropriate. 

(3) PRIORITY.—In awarding grants under this subsection, 

a Gulf Coast State shall give priority to entities and consortia 

that demonstrate the ability to establish the broadest crosssection of participants with interest and expertise in any discipline described in subsection (d) on which the proposal of 

the center of excellence will be focused. 

(4) REPORTING.— (A) IN GENERAL.—Each Gulf Coast State shall provide 

annually to the Gulf Coast Ecosystem Restoration Council 

established under section 311(t)(2)(C) of the Federal Water 

Pollution Control Act (as added by section 1603 of the 

Resources and Ecosystems Sustainability, Tourist 

Opportunities, and Revived Economies of the Gulf Coast 

States Act of 2012) information regarding all grants, 

including the amount, discipline or disciplines, and recipients of the grants, and in the case of any grant awarded 

to a consortium, the membership of the consortium. 

(B) INCLUSION.—The Gulf Coast Ecosystem Restoration 

Council shall include the information received under 

subparagraph (A) in the annual report to Congress of the 

Council required under section 311(t)(2)(C)(vii)(VII) of the 

Federal Water Pollution Control Act (as added by section 

1603 of the Resources and Ecosystems Sustainability, 

Tourist Opportunities, and Revived Economies of the Gulf 

Coast States Act of 2012). 

(d) DISCIPLINES.—Each center of excellence shall focus on 

science, technology, and monitoring in at least 1 of the following 

disciplines: 

(1) Coastal and deltaic sustainability, restoration and 

protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal 

delta in the Gulf Coast Region. 

(2) Coastal fisheries and wildlife ecosystem research and 

monitoring in the Gulf Coast Region. 

(3) Offshore energy development, including research and 

technology to improve the sustainable and safe development 

of energy resources in the Gulf of Mexico. 

(4) Sustainable and resilient growth, economic and commercial development in the Gulf Coast Region. 

(5) Comprehensive observation, monitoring, and mapping 

of the Gulf of Mexico. 

SEC. 1606. EFFECT. 

(a) DEFINITION OF DEEPWATER HORIZON OIL SPILL.—In this 

section, the term ‘‘Deepwater Horizon oil spill’’ has the meaning 

given the term in section 311(a) of the Federal Water Pollution 

Control Act (33 U.S.C. 1321(a)). 

(b) EFFECT AND APPLICATION.—Nothing in this subtitle or any 

amendment made by this subtitle— 

(1) supersedes or otherwise affects any other provision 

of Federal law, including, in particular, laws providing recovery 

for injury to natural resources under the Oil Pollution Act 

of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection 

of public health and the environment; or 
H. R. 4348—203 

(2) applies to any fine collected under section 311 of the 

Federal Water Pollution Control Act (33 U.S.C. 1321) for any 

incident other than the Deepwater Horizon oil spill. 

(c) USE OF FUNDS.—Funds made available under this subtitle 

may be used only for eligible activities specifically authorized by 

this subtitle and the amendments made by this subtitle. 

SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS. 

(a) WILLING SELLER.—Funds made available under this subtitle 

may only be used to acquire land or interests in land by purchase, 

exchange, or donation from a willing seller. 

(b) ACQUISITION OF FEDERAL LAND.—None of the funds made 

available under this subtitle may be used to acquire land in fee 

title by the Federal Government unless— 

(1) the land is acquired by exchange or donation; or 

(2) the acquisition is necessary for the restoration and 

protection of the natural resources, ecosystems, fisheries, 

marine and wildlife habitats, beaches, and coastal wetlands 

of the Gulf Coast region and has the concurrence of the Governor of the State in which the acquisition will take place. 

SEC. 1608. INSPECTOR GENERAL. 

The Office of the Inspector General of the Department of the 

Treasury shall have authority to conduct, supervise, and coordinate 

audits and investigations of projects, programs, and activities 

funded under this subtitle and the amendments made by this 

subtitle. 

TITLE II—AMERICA FAST FORWARD 

FINANCING INNOVATION 

SEC. 2001. SHORT TITLE. 

This title may be cited as the ‘‘America Fast Forward Financing 

Innovation Act of 2012’’. 

SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT OF 1998 AMENDMENTS. 

Sections 601 through 609 of title 23, United States Code, are 

amended to read as follows: 

‘‘§ 601. Generally applicable provisions 

‘‘(a) DEFINITIONS.—In this chapter, the following definitions 

apply: 

‘‘(1) CONTINGENT COMMITMENT.—The term ‘contingent 

commitment’ means a commitment to obligate an amount from 

future available budget authority that is— 

‘‘(A) contingent on those funds being made available 

in law at a future date; and 

‘‘(B) not an obligation of the Federal Government. 

‘‘(2) ELIGIBLE PROJECT COSTS.—The term ‘eligible project 

costs’ means amounts substantially all of which are paid by, 

or for the account of, an obligor in connection with a project, 

including the cost of— 

‘‘(A) development phase activities, including planning, 

feasibility analysis, revenue forecasting, environmental