```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1311 Reported in Senate (RS)]

                                                       Calendar No. 501
111th CONGRESS
  2d Session
                                S. 1311

                          [Report No. 111-241]

    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, Mr. Cochran, Mr. Vitter, and Mr. 
Nelson of Florida) introduced the following bill; which was read twice 
     and referred to the Committee on Environment and Public Works

                             August 2, 2010

               Reported by Mrs. Boxer, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Gulf of Mexico Restoration 
and Protection Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the Gulf of Mexico is a valuable resource of 
        national and international importance, continuously serving the 
        people of the United States and other countries as an important 
        source of food, economic productivity, recreation, beauty, and 
        enjoyment;</DELETED>
        <DELETED>    (2) over many years, the resource productivity and 
        water quality of the Gulf of Mexico and its watershed have been 
        diminished by point and nonpoint source pollution;</DELETED>
        <DELETED>    (3) the United States should seek to attain the 
        protection and restoration of the Gulf of Mexico ecosystem as a 
        collaborative regional goal of the Gulf of Mexico Program; 
        and</DELETED>
        <DELETED>    (4) the Administrator of the Environmental 
        Protection Agency, in consultation with other Federal agencies 
        and State and local authorities, should coordinate the effort 
        to meet those goals.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to expand and strengthen cooperative efforts 
        to restore and protect the Gulf of Mexico;</DELETED>
        <DELETED>    (2) to expand Federal support for monitoring, 
        management, and restoration activities in the Gulf of Mexico 
        and its watershed;</DELETED>
        <DELETED>    (3) to commit the United States to a comprehensive 
        cooperative program to achieve improved water quality in, and 
        improvements in the productivity of living resources of, the 
        Gulf of Mexico; and</DELETED>
        <DELETED>    (4) to establish a Gulf of Mexico Program to serve 
        as a national and international model for the collaborative 
        management of large marine ecosystems.</DELETED>

<DELETED>SEC. 3. GULF OF MEXICO RESTORATION AND PROTECTION.</DELETED>

<DELETED>    Title I of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 123. GULF OF MEXICO RESTORATION AND 
              PROTECTION.</DELETED>

<DELETED>    ``(a) Definitions.--In this section;</DELETED>
        <DELETED>    ``(1) Gulf of mexico ecosystem.--The term `Gulf of 
        Mexico ecosystem' means the ecosystem of the Gulf of Mexico and 
        its watershed.</DELETED>
        <DELETED>    ``(2) Gulf of mexico executive council.--The term 
        `Gulf of Mexico Executive Council' means the formal 
        collaborative Federal, State, local, and private participants 
        in the Program.</DELETED>
        <DELETED>    ``(3) Program.--The term `Program' means the Gulf 
        of Mexico Program established by the Administrator in 1988 as a 
        nonregulatory, inclusive partnership to provide a broad 
        geographic focus on the primary environmental issues affecting 
        the Gulf of Mexico.</DELETED>
        <DELETED>    ``(4) Program office.--The term `Program Office' 
        means the office established by the Administrator to administer 
        the Program that is reestablished by subsection 
        (b)(1)(A).</DELETED>
<DELETED>    ``(b) Continuation of Gulf of Mexico Program.--</DELETED>
        <DELETED>    ``(1) Gulf of mexico program office.--</DELETED>
                <DELETED>    ``(A) Reestablishment.--The Program Office 
                established before the date of enactment of this 
                section by the Administrator is reestablished as an 
                office of the Environmental Protection 
                Agency.</DELETED>
                <DELETED>    ``(B) Requirements.--The Program Office 
                shall be--</DELETED>
                        <DELETED>    ``(i) headed by a Director who, by 
                        reason of management experience and technical 
                        expertise relating to the Gulf of Mexico, is 
                        highly qualified to direct the development of 
                        plans and programs on a variety of Gulf of 
                        Mexico issues, as determined by the 
                        Administrator; and</DELETED>
                        <DELETED>    ``(ii) located in a State all or a 
                        portion of the coastline of which is on the 
                        Gulf of Mexico.</DELETED>
                <DELETED>    ``(C) Functions.--The Program Office 
                shall--</DELETED>
                        <DELETED>    ``(i) coordinate the actions of 
                        the Environmental Protection Agency with the 
                        actions of the appropriate officials of other 
                        Federal agencies and State and local 
                        authorities in developing strategies--
                        </DELETED>
                                <DELETED>    ``(I) to improve the water 
                                quality and living resources in the 
                                Gulf of Mexico ecosystem; and</DELETED>
                                <DELETED>    ``(II) to obtain the 
                                support of appropriate 
                                officials;</DELETED>
                        <DELETED>    ``(ii) in cooperation with 
                        appropriate Federal, State, and local 
                        authorities, assist in developing and 
                        implementing specific action plans to carry out 
                        the Program;</DELETED>
                        <DELETED>    ``(iii) coordinate and implement 
                        priority State-led and community-led 
                        restoration plans and projects and facilitate 
                        science, research, modeling, monitoring, data 
                        collection, and other activities that support 
                        the Program;</DELETED>
                        <DELETED>    ``(iv) implement outreach programs 
                        for public information, education, and 
                        participation to foster stewardship of the 
                        resources of the Gulf of Mexico;</DELETED>
                        <DELETED>    ``(v) develop and make available, 
                        through publications, technical assistance, and 
                        other appropriate means, information pertaining 
                        to the environmental quality and living 
                        resources of the Gulf of Mexico 
                        ecosystem;</DELETED>
                        <DELETED>    ``(vi) serve as the liaison with, 
                        and provide information to, the Mexican members 
                        of the Gulf of Mexico States Accord and Mexican 
                        counterparts of the Environmental Protection 
                        Agency; and</DELETED>
                        <DELETED>    ``(vii) focus the efforts and 
                        resources of the Program Office on activities 
                        that will result in measurable improvements to 
                        water quality and living resources of the Gulf 
                        of Mexico ecosystem.</DELETED>
<DELETED>    ``(c) Interagency Agreements.--The Administrator may enter 
into 1 or more interagency agreements with other Federal agencies to 
carry out this section.</DELETED>
<DELETED>    ``(d) Grants.--</DELETED>
        <DELETED>    ``(1) In general.--In accordance with the Program, 
        the Administrator may provide grants to nonprofit 
        organizations, State and local governments, colleges, 
        universities, interstate agencies, and individuals to carry out 
        this section for use in--</DELETED>
                <DELETED>    ``(A) monitoring the water quality and 
                living resources of the Gulf of Mexico 
                ecosystem;</DELETED>
                <DELETED>    ``(B) researching the effects of natural 
                and human-induced environmental changes on the water 
                quality and living resources of the Gulf of Mexico 
                ecosystem;</DELETED>
                <DELETED>    ``(C) developing and executing cooperative 
                strategies that address the water quality and living 
                resource needs in the Gulf of Mexico 
                ecosystem;</DELETED>
                <DELETED>    ``(D) developing and implementing locally 
                based protection and restoration programs or projects 
                within a watershed that complement those strategies, 
                including the creation, restoration, protection, or 
                enhancement of habitat associated with the Gulf of 
                Mexico ecosystem; and</DELETED>
                <DELETED>    ``(E) eliminating or reducing point 
                sources that discharge pollutants that contaminate the 
                Gulf of Mexico ecosystem, including activities to 
                eliminate leaking septic systems and construct 
                connections to local sewage systems.</DELETED>
        <DELETED>    ``(2) Federal share.--The Federal share of the 
        cost of any project or activity carried out using a grant 
        provided under this section shall not exceed 75 percent, as 
        determined by the Administrator.</DELETED>
        <DELETED>    ``(3) Administrative costs.--Administrative costs 
        in the form of salaries, overhead, or indirect costs for 
        services provided and charged against programs or projects 
        carried out using funds made available through a grant under 
        this subsection shall not exceed 15 percent of the amount of 
        the grant.</DELETED>
<DELETED>    ``(e) Reports.--</DELETED>
        <DELETED>    ``(1) Annual report.--Not later than December 30, 
        2009, and annually thereafter, the Director of the Program 
        Office shall submit to the Administrator and make available to 
        the public a report that describes--</DELETED>
                <DELETED>    ``(A) each project and activity funded 
                under this section during the previous fiscal 
                year;</DELETED>
                <DELETED>    ``(B) the goals and objectives of those 
                projects and activities; and</DELETED>
                <DELETED>    ``(C) the net benefits of projects and 
                activities funded under this section during previous 
                fiscal years.</DELETED>
        <DELETED>    ``(2) Assessment.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than April 
                30, 2011, and every 5 years thereafter, the 
                Administrator, in coordination with the Gulf of Mexico 
                Executive Council, shall complete an assessment, and 
                submit to Congress a comprehensive report on the 
                performance, of the Program.</DELETED>
                <DELETED>    ``(B) Requirements.--The assessment and 
                report described in subparagraph (A) shall--</DELETED>
                        <DELETED>    ``(i) assess the overall state of 
                        the Gulf of Mexico ecosystem;</DELETED>
                        <DELETED>    ``(ii) compare the current state 
                        of the Gulf of Mexico ecosystem with a baseline 
                        assessment;</DELETED>
                        <DELETED>    ``(iii) include specific measures 
                        to assess any improvements in water quality and 
                        living resources of the Gulf of Mexico 
                        ecosystem;</DELETED>
                        <DELETED>    ``(iv) assess the effectiveness of 
                        the Program management strategies being 
                        implemented, and the extent to which the 
                        priority needs of the region are being met 
                        through that implementation; and</DELETED>
                        <DELETED>    ``(v) make recommendations for the 
                        improved management of the Program, including 
                        strengthening strategies being implemented or 
                        adopting improved strategies.</DELETED>
<DELETED>    ``(f) Budget Item.--The Administrator, in the annual 
submission to Congress of the budget of the Environmental Protection 
Agency, shall include a funding line item request for the Program 
Office as a separate budget line item.</DELETED>
<DELETED>    ``(g) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section, to remain 
available until expended--</DELETED>
        <DELETED>    ``(1) $10,000,000 for fiscal year 2010;</DELETED>
        <DELETED>    ``(2) $15,000,000 for fiscal year 2011; 
        and</DELETED>
        <DELETED>    ``(3) $25,000,000 for each of fiscal years 2012 
        through 2014.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf of Mexico Restoration and 
Protection Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Gulf of Mexico is a valuable resource of national 
        and international importance, continuously serving the people 
        of the United States and other countries as an important source 
        of food, economic productivity, recreation, beauty, and 
        enjoyment;
            (2) over many years, the resource productivity and water 
        quality of the Gulf of Mexico and its watershed have been 
        diminished by point and nonpoint source pollution;
            (3) the United States should seek to attain the protection 
        and restoration of the Gulf of Mexico ecosystem as a 
        collaborative regional goal of the Gulf of Mexico Program; and
            (4) the Administrator of the Environmental Protection 
        Agency, in consultation with other Federal agencies and State 
        and local authorities, should coordinate the effort to meet 
        those goals.
    (b) Purposes.--The purposes of this Act are--
            (1) to expand and strengthen cooperative voluntary efforts 
        to restore and protect the Gulf of Mexico;
            (2) to expand Federal support for monitoring, management, 
        and restoration activities in the Gulf of Mexico and its 
        watershed;
            (3) to commit the United States to a comprehensive 
        cooperative program to achieve improved water quality in, and 
        improvements in the productivity of living resources of, the 
        Gulf of Mexico; and
            (4) to establish a Gulf of Mexico Program to serve as a 
        national and international model for the collaborative 
        management of large marine ecosystems.

SEC. 3. GULF OF MEXICO RESTORATION AND PROTECTION.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:

``SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION.

    ``(a) Definitions.--In this section;
            ``(1) Gulf of mexico ecosystem.--The term `Gulf of Mexico 
        ecosystem' means the ecosystem of the Gulf of Mexico and its 
        watershed.
            ``(2) Gulf of mexico executive council.--The term `Gulf of 
        Mexico Executive Council' means the formal collaborative 
        Federal, State, local, and private participants in the Program.
            ``(3) Program.--The term `Program' means the Gulf of Mexico 
        Program established by the Administrator in 1988 as a 
        nonregulatory, inclusive partnership to provide a broad 
        geographic focus on the primary environmental issues affecting 
        the Gulf of Mexico.
            ``(4) Program office.--The term `Program Office' means the 
        office established by the Administrator to administer the 
        Program that is reestablished by subsection (b)(1)(A).
    ``(b) Continuation of Gulf of Mexico Program.--
            ``(1) Gulf of mexico program office.--
                    ``(A) Reestablishment.--The Program Office 
                established before the date of enactment of this 
                section by the Administrator is reestablished as an 
                office of the Environmental Protection Agency.
                    ``(B) Requirements.--The Program Office shall be--
                            ``(i) headed by a Director who, by reason 
                        of management experience and technical 
                        expertise relating to the Gulf of Mexico, is 
                        highly qualified to direct the development of 
                        plans and programs on a variety of Gulf of 
                        Mexico issues, as determined by the 
                        Administrator; and
                            ``(ii) located in a State all or a portion 
                        of the coastline of which is on the Gulf of 
                        Mexico.
                    ``(C) Functions.--The Program Office shall--
                            ``(i) coordinate the actions of the 
                        Environmental Protection Agency with the 
                        actions of the appropriate officials of other 
                        Federal agencies and State and local 
                        authorities in developing strategies--
                                    ``(I) to improve the water quality 
                                and living resources in the Gulf of 
                                Mexico ecosystem; and
                                    ``(II) to obtain the support of 
                                appropriate officials;
                            ``(ii) in cooperation with appropriate 
                        Federal, State, and local authorities, assist 
                        in developing and implementing specific action 
                        plans to carry out the Program;
                            ``(iii) coordinate and implement priority 
                        State-led and community-led restoration plans 
                        and projects, and facilitate science, research, 
                        modeling, monitoring, data collection, and 
                        other activities that support the Program 
                        through the provision of grants under 
                        subsection (d);
                            ``(iv) implement outreach programs for 
                        public information, education, and 
                        participation to foster stewardship of the 
                        resources of the Gulf of Mexico;
                            ``(v) develop and make available, through 
                        publications, technical assistance, and other 
                        appropriate means, information pertaining to 
                        the environmental quality and living resources 
                        of the Gulf of Mexico ecosystem;
                            ``(vi) serve as the liaison with, and 
                        provide information to, the Mexican members of 
                        the Gulf of Mexico States Accord and Mexican 
                        counterparts of the Environmental Protection 
                        Agency; and
                            ``(vii) focus the efforts and resources of 
                        the Program Office on activities that will 
                        result in measurable improvements to water 
                        quality and living resources of the Gulf of 
                        Mexico ecosystem.
    ``(c) Interagency Agreements.--The Administrator may enter into 1 
or more interagency agreements with other Federal agencies to carry out 
this section.
    ``(d) Grants.--
            ``(1) In general.--In accordance with the Program, the 
        Administrator, acting through the Program Office, may provide 
        grants to nonprofit organizations, State and local governments, 
        colleges, universities, interstate agencies, and individuals to 
        carry out this section for use in--
                    ``(A) monitoring the water quality and living 
                resources of the Gulf of Mexico ecosystem;
                    ``(B) researching the effects of natural and human-
                induced environmental changes on the water quality and 
                living resources of the Gulf of Mexico ecosystem;
                    ``(C) developing and executing cooperative 
                strategies that address the water quality and living 
                resource needs in the Gulf of Mexico ecosystem;
                    ``(D) developing and implementing locally based 
                protection and restoration programs or projects within 
                a watershed that complement those strategies, including 
                the creation, restoration, protection, or enhancement 
                of habitat associated with the Gulf of Mexico 
                ecosystem; and
                    ``(E) eliminating or reducing nonpoint sources that 
                discharge pollutants that contaminate the Gulf of 
                Mexico ecosystem, including activities to eliminate 
                leaking septic systems and construct connections to 
                local sewage systems.
            ``(2) Federal share.--The Federal share of the cost of any 
        project or activity carried out using a grant provided under 
        this section shall not exceed 75 percent, as determined by the 
        Administrator.
            ``(3) Administrative costs.--Administrative costs in the 
        form of salaries, overhead, or indirect costs for services 
        provided and charged against programs or projects carried out 
        using funds made available through a grant under this 
        subsection shall not exceed 15 percent of the amount of the 
        grant.
    ``(e) Reports.--
            ``(1) Annual report.--Not later than December 30, 2009, and 
        annually thereafter, the Director of the Program Office shall 
        submit to the Administrator and make available to the public a 
        report that describes--
                    ``(A) each project and activity funded under this 
                section during the previous fiscal year;
                    ``(B) the goals and objectives of those projects 
                and activities; and
                    ``(C) the net benefits of projects and activities 
                funded under this section during previous fiscal years.
            ``(2) Assessment.--
                    ``(A) In general.--Not later than April 30, 2011, 
                and every 5 years thereafter, the Administrator, in 
                coordination with the Gulf of Mexico Executive Council, 
                shall complete an assessment, and submit to Congress a 
                comprehensive report on the performance, of the 
                Program.
                    ``(B) Requirements.--The assessment and report 
                described in subparagraph (A) shall--
                            ``(i) assess the overall state of the Gulf 
                        of Mexico ecosystem;
                            ``(ii) compare the current state of the 
                        Gulf of Mexico ecosystem with a baseline 
                        assessment;
                            ``(iii) include specific measures to assess 
                        any improvements in water quality and living 
                        resources of the Gulf of Mexico ecosystem;
                            ``(iv) assess the effectiveness of the 
                        Program management strategies being 
                        implemented, and the extent to which the 
                        priority needs of the region are being met 
                        through that implementation; and
                            ``(v) make recommendations for the improved 
                        management of the Program, including 
                        strengthening strategies being implemented or 
                        adopting improved strategies.
    ``(f) Budget Item.--The Administrator, in the annual submission to 
Congress of the budget of the Environmental Protection Agency, shall 
include a funding line item request for the Program Office as a 
separate budget line item.
    ``(g) Limitation on Regulatory Authority.--Nothing in this section 
establishes any new legal or regulatory authority of the Administrator 
other than the authority to provide grants in accordance with this 
section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, to remain available until 
expended--
            ``(1) $10,000,000 for fiscal year 2010;
            ``(2) $15,000,000 for fiscal year 2011; and
            ``(3) $25,000,000 for each of fiscal years 2012 through 
        2014.''.
                                                       Calendar No. 501

111th CONGRESS

  2d Session

                                S. 1311

                          [Report No. 111-241]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 2, 2010

                       Reported with an amendment
```