II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gulf of Mexico Res3 toration and Protection Act’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

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

7 national and international importance, continuously 

8 serving the people of the United States and other 

9 countries as an important source of food, economic 

10 productivity, recreation, beauty, and enjoyment; 

11 (2) over many years, the resource productivity 

12 and water quality of the Gulf of Mexico and its wa13 tershed have been diminished by point and nonpoint 

14 source pollution; 

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

16 protection and restoration of the Gulf of Mexico eco17 system as a collaborative regional goal of the Gulf 

18 of Mexico Program; and 

19 (4) the Administrator of the Environmental 

20 Protection Agency, in consultation with other Fed21 eral agencies and State and local authorities, should 

22 coordinate the effort to meet those goals. 

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

24 (1) to expand and strengthen cooperative ef25 forts to restore and protect the Gulf of Mexico; 


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1 (2) to expand Federal support for monitoring, 

2 management, and restoration activities in the Gulf 

3 of Mexico and its watershed; 

4 (3) to commit the United States to a com5 prehensive cooperative program to achieve improved 

6 water quality in, and improvements in the produc7 tivity of living resources of, the Gulf of Mexico; and 

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

9 serve as a national and international model for the 

10 collaborative management of large marine eco11 systems. 

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

13 Title I of the Federal Water Pollution Control Act 

14 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘SEC. 123. GULF OF MEXICO RESTORATION AND PROTEC17 TION. 

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

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

20 ‘Gulf of Mexico ecosystem’ means the ecosystem of 

21 the Gulf of Mexico and its watershed. 

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

23 The term ‘Gulf of Mexico Executive Council’ means 

24 the formal collaborative Federal, State, local, and 

25 private participants in the Program. 


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

2 the Gulf of Mexico Program established by the Ad3 ministrator in 1988 as a nonregulatory, inclusive 

4 partnership to provide a broad geographic focus on 

5 the primary environmental issues affecting the Gulf 

6 of Mexico. 

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

8 Office’ means the office established by the Adminis9 trator to administer the Program that is reestab10 lished by subsection (b)(1)(A). 

11 ‘‘(b) CONTINUATION OF GULF OF MEXICO PRO12 GRAM.— 

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

14 ‘‘(A) REESTABLISHMENT.—The Program 

15 Office established before the date of enactment 

16 of this section by the Administrator is reestab17 lished as an office of the Environmental Protec18 tion Agency. 

19 ‘‘(B) REQUIREMENTS.—The Program Of20 fice shall be— 

21 ‘‘(i) headed by a Director who, by rea22 son of management experience and tech23 nical expertise relating to the Gulf of Mex24 ico, is highly qualified to direct the devel25 opment of plans and programs on a variety 


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1 of Gulf of Mexico issues, as determined by 

2 the Administrator; and 

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

4 of the coastline of which is on the Gulf of 

5 Mexico. 

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

7 shall— 

8 ‘‘(i) coordinate the actions of the En9 vironmental Protection Agency with the ac10 tions of the appropriate officials of other 

11 Federal agencies and State and local au12 thorities in developing strategies— 

13 ‘‘(I) to improve the water quality 

14 and living resources in the Gulf of 

15 Mexico ecosystem; and 

16 ‘‘(II) to obtain the support of ap17 propriate officials; 

18 ‘‘(ii) in cooperation with appropriate 

19 Federal, State, and local authorities, assist 

20 in developing and implementing specific ac21 tion plans to carry out the Program; 

22 ‘‘(iii) coordinate and implement pri23 ority State-led and community-led restora24 tion plans and projects and facilitate 

25 science, research, modeling, monitoring, 


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1 data collection, and other activities that 

2 support the Program; 

3 ‘‘(iv) implement outreach programs 

4 for public information, education, and par5 ticipation to foster stewardship of the re6 sources of the Gulf of Mexico; 

7 ‘‘(v) develop and make available, 

8 through publications, technical assistance, 

9 and other appropriate means, information 

10 pertaining to the environmental quality 

11 and living resources of the Gulf of Mexico 

12 ecosystem; 

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

14 provide information to, the Mexican mem15 bers of the Gulf of Mexico States Accord 

16 and Mexican counterparts of the Environ17 mental Protection Agency; and 

18 ‘‘(vii) focus the efforts and resources 

19 of the Program Office on activities that 

20 will result in measurable improvements to 

21 water quality and living resources of the 

22 Gulf of Mexico ecosystem. 

23 ‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis24 trator may enter into 1 or more interagency agreements 

25 with other Federal agencies to carry out this section. 


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1 ‘‘(d) GRANTS.— 

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

3 Program, the Administrator may provide grants to 

4 nonprofit organizations, State and local govern5 ments, colleges, universities, interstate agencies, and 

6 individuals to carry out this section for use in— 

7 ‘‘(A) monitoring the water quality and liv8 ing resources of the Gulf of Mexico ecosystem; 

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

10 human-induced environmental changes on the 

11 water quality and living resources of the Gulf of 

12 Mexico ecosystem; 

13 ‘‘(C) developing and executing cooperative 

14 strategies that address the water quality and 

15 living resource needs in the Gulf of Mexico eco16 system; 

17 ‘‘(D) developing and implementing locally 

18 based protection and restoration programs or 

19 projects within a watershed that complement 

20 those strategies, including the creation, restora21 tion, protection, or enhancement of habitat as22 sociated with the Gulf of Mexico ecosystem; and 

23 ‘‘(E) eliminating or reducing point sources 

24 that discharge pollutants that contaminate the 

25 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 Mar 15 2010 01:54 Aug 03, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1311.RS 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.’’. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Gulf of Mexico Restora21 tion and Protection Act’’. 

22 SEC. 2. FINDINGS AND PURPOSES. 

23 (a) FINDINGS.—Congress finds that— 

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

25 national and international importance, continuously 


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1 serving the people of the United States and other 

2 countries as an important source of food, economic 

3 productivity, recreation, beauty, and enjoyment; 

4 (2) over many years, the resource productivity 

5 and water quality of the Gulf of Mexico and its wa6 tershed have been diminished by point and nonpoint 

7 source pollution; 

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

9 protection and restoration of the Gulf of Mexico eco10 system as a collaborative regional goal of the Gulf of 

11 Mexico Program; and 

12 (4) the Administrator of the Environmental Pro13 tection Agency, in consultation with other Federal 

14 agencies and State and local authorities, should co15 ordinate the effort to meet those goals. 

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

17 (1) to expand and strengthen cooperative vol18 untary efforts to restore and protect the Gulf of Mex19 ico; 

20 (2) to expand Federal support for monitoring, 

21 management, and restoration activities in the Gulf of 

22 Mexico and its watershed; 

23 (3) to commit the United States to a comprehen24 sive cooperative program to achieve improved water 


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1 quality in, and improvements in the productivity of 

2 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 ecosystems. 

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

7 Title I of the Federal Water Pollution Control Act (33 

8 U.S.C. 1251 et seq.) is amended by adding at the end the 

9 following: 

10 ‘‘SEC. 123. GULF OF MEXICO RESTORATION AND PROTEC11 TION. 

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

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

14 ‘Gulf of Mexico ecosystem’ means the ecosystem of the 

15 Gulf of Mexico and its watershed. 

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

17 The term ‘Gulf of Mexico Executive Council’ means 

18 the formal collaborative Federal, State, local, and pri19 vate participants in the Program. 

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

21 Gulf of Mexico Program established by the Adminis22 trator in 1988 as a nonregulatory, inclusive partner23 ship to provide a broad geographic focus on the pri24 mary environmental issues affecting the Gulf of Mex25 ico. 


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1 ‘‘(4) PROGRAM OFFICE.—The term ‘Program Of2 fice’ means the office established by the Administrator 

3 to administer the Program that is reestablished by 

4 subsection (b)(1)(A). 

5 ‘‘(b) CONTINUATION OF GULF OF MEXICO PROGRAM.— 

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

7 ‘‘(A) REESTABLISHMENT.—The Program 

8 Office established before the date of enactment of 

9 this section by the Administrator is reestablished 

10 as an office of the Environmental Protection 

11 Agency. 

12 ‘‘(B) REQUIREMENTS.—The Program Office 

13 shall be— 

14 ‘‘(i) headed by a Director who, by rea15 son of management experience and technical 

16 expertise relating to the Gulf of Mexico, is 

17 highly qualified to direct the development of 

18 plans and programs on a variety of Gulf of 

19 Mexico issues, as determined by the Admin20 istrator; and 

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

22 of the coastline of which is on the Gulf of 

23 Mexico. 

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

25 shall— 


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1 ‘‘(i) coordinate the actions of the Envi2 ronmental Protection Agency with the ac3 tions of the appropriate officials of other 

4 Federal agencies and State and local au5 thorities in developing strategies— 

6 ‘‘(I) to improve the water quality 

7 and living resources in the Gulf of 

8 Mexico ecosystem; and 

9 ‘‘(II) to obtain the support of ap10 propriate officials; 

11 ‘‘(ii) in cooperation with appropriate 

12 Federal, State, and local authorities, assist 

13 in developing and implementing specific ac14 tion plans to carry out the Program; 

15 ‘‘(iii) coordinate and implement pri16 ority State-led and community-led restora17 tion plans and projects, and facilitate 

18 science, research, modeling, monitoring, 

19 data collection, and other activities that 

20 support the Program through the provision 

21 of grants under subsection (d); 

22 ‘‘(iv) implement outreach programs for 

23 public information, education, and partici24 pation to foster stewardship of the resources 

25 of the Gulf of Mexico; 


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1 ‘‘(v) develop and make available, 

2 through publications, technical assistance, 

3 and other appropriate means, information 

4 pertaining to the environmental quality 

5 and living resources of the Gulf of Mexico 

6 ecosystem; 

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

8 provide information to, the Mexican mem9 bers of the Gulf of Mexico States Accord and 

10 Mexican counterparts of the Environmental 

11 Protection Agency; and 

12 ‘‘(vii) focus the efforts and resources of 

13 the Program Office on activities that will 

14 result in measurable improvements to water 

15 quality and living resources of the Gulf of 

16 Mexico ecosystem. 

17 ‘‘(c) INTERAGENCY AGREEMENTS.—The Administrator 

18 may enter into 1 or more interagency agreements with other 

19 Federal agencies to carry out this section. 

20 ‘‘(d) GRANTS.— 

21 ‘‘(1) IN GENERAL.—In accordance with the Pro22 gram, the Administrator, acting through the Program 

23 Office, may provide grants to nonprofit organizations, 

24 State and local governments, colleges, universities, 


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1 interstate agencies, and individuals to carry out this 

2 section for use in— 

3 ‘‘(A) monitoring the water quality and liv4 ing resources of the Gulf of Mexico ecosystem; 

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

6 human-induced environmental changes on the 

7 water quality and living resources of the Gulf of 

8 Mexico ecosystem; 

9 ‘‘(C) developing and executing cooperative 

10 strategies that address the water quality and liv11 ing resource needs in the Gulf of Mexico eco12 system; 

13 ‘‘(D) developing and implementing locally 

14 based protection and restoration programs or 

15 projects within a watershed that complement 

16 those strategies, including the creation, restora17 tion, protection, or enhancement of habitat asso18 ciated with the Gulf of Mexico ecosystem; and 

19 ‘‘(E) eliminating or reducing nonpoint 

20 sources that discharge pollutants that contami21 nate the Gulf of Mexico ecosystem, including ac22 tivities to eliminate leaking septic systems and 

23 construct connections to local sewage systems. 

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

25 cost of any project or activity carried out using a 


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1 grant provided under this section shall not exceed 75 

2 percent, as determined by the Administrator. 

3 ‘‘(3) ADMINISTRATIVE COSTS.—Administrative 

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

5 costs for services provided and charged against pro6 grams or projects carried out using funds made avail7 able through a grant under this subsection shall not 

8 exceed 15 percent of the amount of the grant. 

9 ‘‘(e) REPORTS.— 

10 ‘‘(1) ANNUAL REPORT.—Not later than December 

11 30, 2009, and annually thereafter, the Director of the 

12 Program Office shall submit to the Administrator and 

13 make available to the public a report that describes— 

14 ‘‘(A) each project and activity funded under 

15 this section during the previous fiscal year; 

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

17 projects and activities; and 

18 ‘‘(C) the net benefits of projects and activi19 ties funded under this section during previous 

20 fiscal years. 

21 ‘‘(2) ASSESSMENT.— 

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

23 30, 2011, and every 5 years thereafter, the Ad24 ministrator, in coordination with the Gulf of 

25 Mexico Executive Council, shall complete an asVerDate Mar 15 2010 01:54 Aug 03, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S1311.RS S1311

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1 sessment, and submit to Congress a comprehen2 sive report on the performance, of the Program. 

3 ‘‘(B) REQUIREMENTS.—The assessment and 

4 report described in subparagraph (A) shall— 

5 ‘‘(i) assess the overall state of the Gulf 

6 of Mexico ecosystem; 

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

8 Gulf of Mexico ecosystem with a baseline as9 sessment; 

10 ‘‘(iii) include specific measures to as11 sess any improvements in water quality 

12 and living resources of the Gulf of Mexico 

13 ecosystem; 

14 ‘‘(iv) assess the effectiveness of the Pro15 gram management strategies being imple16 mented, and the extent to which the priority 

17 needs of the region are being met through 

18 that implementation; and 

19 ‘‘(v) make recommendations for the im20 proved management of the Program, includ21 ing strengthening strategies being imple22 mented or adopting improved strategies. 

23 ‘‘(f) BUDGET ITEM.—The Administrator, in the an24 nual submission to Congress of the budget of the Environ25 mental Protection Agency, shall include a funding line item 


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1 request for the Program Office as a separate budget line 

2 item. 

3 ‘‘(g) LIMITATION ON REGULATORY AUTHORITY.— 

4 Nothing in this section establishes any new legal or regu5 latory authority of the Administrator other than the author6 ity to provide grants in accordance with this section. 

7 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

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

9 to remain available until expended— 

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

11 ‘‘(2) $15,000,000 for fiscal year 2011; and 

12 ‘‘(3) $25,000,000 for each of fiscal years 2012 

13 through 2014.’’. 


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Calendar No. 501 

111TH CONGRESS 

2D SESSION S. 1311 

[Report No. 111–241] 

A BILL 

To amend the Federal Water Pollution Control Act 

of the Gulf of Mexico. ductivity, water quality, and marine ecosystems monitor, restore, and protect the resource proto expand and strengthen cooperative efforts to 

AUGUST 2, 2010 

Reported with an amendment 


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