II 

111TH CONGRESS 

1ST SESSION S. 1311 

To amend the Federal Water Pollution Control Act to expand and strengthen 

cooperative efforts to monitor, restore, and protect the resource productivity, water quality, and marine ecosystems of the Gulf of Mexico. 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2009 

Mr. WICKER (for himself, Ms. LANDRIEU, and Mr. COCHRAN) introduced the 

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

A BILL 

To amend the Federal Water Pollution Control Act to expand 

and strengthen cooperative efforts to monitor, restore, 

and protect the resource productivity, water quality, and 

marine ecosystems of the Gulf of Mexico. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gulf of Mexico Res5 toration and Protection Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) the Gulf of Mexico is a valuable resource of 

2 national and international importance, continuously 

3 serving the people of the United States and other 

4 countries as an important source of food, economic 

5 productivity, recreation, beauty, and enjoyment; 

6 (2) over many years, the resource productivity 

7 and water quality of the Gulf of Mexico and its wa8 tershed have been diminished by point and nonpoint 

9 source pollution; 

10 (3) the United States should seek to attain the 

11 protection and restoration of the Gulf of Mexico eco12 system as a collaborative regional goal of the Gulf 

13 of Mexico Program; and 

14 (4) the Administrator of the Environmental 

15 Protection Agency, in consultation with other Fed16 eral agencies and State and local authorities, should 

17 coordinate the effort to meet those goals. 

18 (b) PURPOSES.—The purposes of this Act are— 

19 (1) to expand and strengthen cooperative ef20 forts to restore and protect the Gulf of Mexico; 

21 (2) to expand Federal support for monitoring, 

22 management, and restoration activities in the Gulf 

23 of Mexico and its watershed; 

24 (3) to commit the United States to a com25 prehensive cooperative program to achieve improved 


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1 water quality in, and improvements in the produc2 tivity of living resources of, the Gulf of Mexico; and 

3 (4) to establish a Gulf of Mexico Program to 

4 serve as a national and international model for the 

5 collaborative management of large marine eco6 systems. 

7 SEC. 3. GULF OF MEXICO RESTORATION AND PROTECTION. 

8 Title I of the Federal Water Pollution Control Act 

9 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘SEC. 123. GULF OF MEXICO RESTORATION AND PROTEC12 TION. 

13 ‘‘(a) DEFINITIONS.—In this section; 

14 ‘‘(1) GULF OF MEXICO ECOSYSTEM.—The term 

15 ‘Gulf of Mexico ecosystem’ means the ecosystem of 

16 the Gulf of Mexico and its watershed. 

17 ‘‘(2) GULF OF MEXICO EXECUTIVE COUNCIL.— 

18 The term ‘Gulf of Mexico Executive Council’ means 

19 the formal collaborative Federal, State, local, and 

20 private participants in the Program. 

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

22 the Gulf of Mexico Program established by the Ad23 ministrator in 1988 as a nonregulatory, inclusive 

24 partnership to provide a broad geographic focus on 


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1 the primary environmental issues affecting the Gulf 

2 of Mexico. 

3 ‘‘(4) PROGRAM OFFICE.—The term ‘Program 

4 Office’ means the office established by the Adminis5 trator to administer the Program that is reestab6 lished by subsection (b)(1)(A). 

7 ‘‘(b) CONTINUATION OF GULF OF MEXICO PRO8 GRAM.— 

9 ‘‘(1) GULF OF MEXICO PROGRAM OFFICE.— 

10 ‘‘(A) REESTABLISHMENT.—The Program 

11 Office established before the date of enactment 

12 of this section by the Administrator is reestab13 lished as an office of the Environmental Protec14 tion Agency. 

15 ‘‘(B) REQUIREMENTS.—The Program Of16 fice shall be— 

17 ‘‘(i) headed by a Director who, by rea18 son of management experience and tech19 nical expertise relating to the Gulf of Mex20 ico, is highly qualified to direct the devel21 opment of plans and programs on a variety 

22 of Gulf of Mexico issues, as determined by 

23 the Administrator; and 


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1 ‘‘(ii) located in a State all or a portion 

2 of the coastline of which is on the Gulf of 

3 Mexico. 

4 ‘‘(C) FUNCTIONS.—The Program Office 

5 shall— 

6 ‘‘(i) coordinate the actions of the En7 vironmental Protection Agency with the ac8 tions of the appropriate officials of other 

9 Federal agencies and State and local au10 thorities in developing strategies— 

11 ‘‘(I) to improve the water quality 

12 and living resources in the Gulf of 

13 Mexico ecosystem; and 

14 ‘‘(II) to obtain the support of ap15 propriate officials; 

16 ‘‘(ii) in cooperation with appropriate 

17 Federal, State, and local authorities, assist 

18 in developing and implementing specific ac19 tion plans to carry out the Program; 

20 ‘‘(iii) coordinate and implement pri21 ority State-led and community-led restora22 tion plans and projects and facilitate 

23 science, research, modeling, monitoring, 

24 data collection, and other activities that 

25 support the Program; 


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1 ‘‘(iv) implement outreach programs 

2 for public information, education, and par3 ticipation to foster stewardship of the re4 sources of the Gulf of Mexico; 

5 ‘‘(v) develop and make available, 

6 through publications, technical assistance, 

7 and other appropriate means, information 

8 pertaining to the environmental quality 

9 and living resources of the Gulf of Mexico 

10 ecosystem; 

11 ‘‘(vi) serve as the liaison with, and 

12 provide information to, the Mexican mem13 bers of the Gulf of Mexico States Accord 

14 and Mexican counterparts of the Environ15 mental Protection Agency; and 

16 ‘‘(vii) focus the efforts and resources 

17 of the Program Office on activities that 

18 will result in measurable improvements to 

19 water quality and living resources of the 

20 Gulf of Mexico ecosystem. 

21 ‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis22 trator may enter into 1 or more interagency agreements 

23 with other Federal agencies to carry out this section. 

24 ‘‘(d) GRANTS.— 


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1 ‘‘(1) IN GENERAL.—In accordance with the 

2 Program, the Administrator may provide grants to 

3 nonprofit organizations, State and local govern4 ments, colleges, universities, interstate agencies, and 

5 individuals to carry out this section for use in— 

6 ‘‘(A) monitoring the water quality and liv7 ing resources of the Gulf of Mexico ecosystem; 

8 ‘‘(B) researching the effects of natural and 

9 human-induced environmental changes on the 

10 water quality and living resources of the Gulf of 

11 Mexico ecosystem; 

12 ‘‘(C) developing and executing cooperative 

13 strategies that address the water quality and 

14 living resource needs in the Gulf of Mexico eco15 system; 

16 ‘‘(D) developing and implementing locally 

17 based protection and restoration programs or 

18 projects within a watershed that complement 

19 those strategies, including the creation, restora20 tion, protection, or enhancement of habitat as21 sociated with the Gulf of Mexico ecosystem; and 

22 ‘‘(E) eliminating or reducing point sources 

23 that discharge pollutants that contaminate the 

24 Gulf of Mexico ecosystem, including activities to 


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1 eliminate leaking septic systems and construct 

2 connections to local sewage systems. 

3 ‘‘(2) FEDERAL SHARE.—The Federal share of 

4 the cost of any project or activity carried out using 

5 a grant provided under this section shall not exceed 

6 75 percent, as determined by the Administrator. 

7 ‘‘(3) ADMINISTRATIVE COSTS.—Administrative 

8 costs in the form of salaries, overhead, or indirect 

9 costs for services provided and charged against pro10 grams or projects carried out using funds made 

11 available through a grant under this subsection shall 

12 not exceed 15 percent of the amount of the grant. 

13 ‘‘(e) REPORTS.— 

14 ‘‘(1) ANNUAL REPORT.—Not later than Decem15 ber 30, 2009, and annually thereafter, the Director 

16 of the Program Office shall submit to the Adminis17 trator and make available to the public a report that 

18 describes— 

19 ‘‘(A) each project and activity funded 

20 under this section during the previous fiscal 

21 year; 

22 ‘‘(B) the goals and objectives of those 

23 projects and activities; and 


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1 ‘‘(C) the net benefits of projects and activi2 ties funded under this section during previous 

3 fiscal years. 

4 ‘‘(2) ASSESSMENT.— 

5 ‘‘(A) IN GENERAL.—Not later than April 

6 30, 2011, and every 5 years thereafter, the Ad7 ministrator, in coordination with the Gulf of 

8 Mexico Executive Council, shall complete an as9 sessment, and submit to Congress a comprehen10 sive report on the performance, of the Program. 

11 ‘‘(B) REQUIREMENTS.—The assessment 

12 and report described in subparagraph (A) 

13 shall— 

14 ‘‘(i) assess the overall state of the 

15 Gulf of Mexico ecosystem; 

16 ‘‘(ii) compare the current state of the 

17 Gulf of Mexico ecosystem with a baseline 

18 assessment; 

19 ‘‘(iii) include specific measures to as20 sess any improvements in water quality 

21 and living resources of the Gulf of Mexico 

22 ecosystem; 

23 ‘‘(iv) assess the effectiveness of the 

24 Program management strategies being im25 plemented, and the extent to which the priVerDate Nov 24 2008 01:39 Jun 20, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1311.IS S1311

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1 ority needs of the region are being met 

2 through that implementation; and 

3 ‘‘(v) make recommendations for the 

4 improved management of the Program, in5 cluding strengthening strategies being im6 plemented or adopting improved strategies. 

7 ‘‘(f) BUDGET ITEM.—The Administrator, in the an8 nual submission to Congress of the budget of the Environ9 mental Protection Agency, shall include a funding line 

10 item request for the Program Office as a separate budget 

11 line item. 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section, 

14 to remain available until expended— 

15 ‘‘(1) $10,000,000 for fiscal year 2010; 

16 ‘‘(2) $15,000,000 for fiscal year 2011; and 

17 ‘‘(3) $25,000,000 for each of fiscal years 2012 

18 through 2014.’’. 

Æ 


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