I 

112TH CONGRESS 

1ST SESSION H. R. 56 

To provide for restoration of the coastal areas of the Gulf of Mexico affected 

by the Deepwater Horizon oil spill, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2011 

Mr. SCALISE (for himself, Mr. BOUSTANY, Mr. LANDRY, Mr. CASSIDY, Mr. 

ALEXANDER, and Mr. RICHMOND) introduced the following bill; which 

was referred to the Committee on Natural Resources, and in addition to 

the Committee on Transportation and Infrastructure, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for restoration of the coastal areas of the Gulf 

of Mexico affected by the Deepwater Horizon oil spill, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gulf Coast Restoration 

5 Act’’. 

6 SEC. 2. GULF COAST ECOSYSTEM RESTORATION. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) CHAIR.—The term ‘‘Chair’’ means the 

2 Chair of the Task Force appointed under subsection 

3 (d)(3). 

4 (2) STATE COASTAL ECOSYSTEM RESTORATION

5 PLAN.—The term ‘‘State Coastal Ecosystem Res6 toration Plan’’ means a plan submitted under sub7 section (c) by a qualifying State to the Task Force. 

8 (3) FUND.—The term ‘‘Fund’’ means the Gulf 

9 Coast Ecosystem Restoration Fund established by 

10 subsection (b)(2)(A). 

11 (4) GOVERNORS.—The term ‘‘Governors’’ 

12 means the Governors of each of the States of Ala13 bama, Florida, Louisiana, Mississippi, and Texas. 

14 (5) GULF COAST ECOSYSTEM.—The term ‘‘Gulf 

15 Coast ecosystem’’ means the coastal zones, as deter16 mined pursuant to the Coastal Zone Management 

17 Act of 1972 (16 U.S.C. 1451 et seq.), of the States 

18 of Alabama, Florida, Louisiana, Mississippi, and 

19 Texas and adjacent State waters and areas of the 

20 outer Continental Shelf, adversely impacted by the 

21 blowout and explosion of the mobile offshore drilling 

22 unit Deepwater Horizon that occurred on April 20, 

23 2010, and resulting hydrocarbon releases into the 

24 environment. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (7) QUALIFYING STATE.—The term ‘‘qualifying 

4 State’’ means each of the States of Alabama, Flor5 ida, Louisiana, Mississippi, and Texas. 

6 (8) TASK FORCE.—The term ‘‘Task Force’’ 

7 means the Gulf Coast Ecosystem Restoration Task 

8 Force established by subsection (d). 

9 (b) GULF COAST ECOSYSTEM RESTORATION.— 

10 (1) IN GENERAL.—In accordance with this sec11 tion, the Chair shall review and approve or dis12 approve State Coastal Ecosystem Restoration Plans 

13 submitted by the Governors that provide for restora14 tion activities with respect to the Gulf Coast eco15 system. 

16 (2) GULF COAST ECOSYSTEM RESTORATION

17 FUND.— 

18 (A) ESTABLISHMENT.—There is estab19 lished in the Treasury of the United States a 

20 fund to be known as the ‘‘Gulf Coast Eco21 system Restoration Fund’’. 

22 (B) TRANSFERS TO FUND.—Notwith23 standing any other provision of law, the Sec24 retary of the Treasury shall deposit into the 

25 Fund amounts equal to not less than 80 perVerDate Mar 15 2010 05:49 Jan 07, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H56.IH H56

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1 cent of any amounts collected by the United 

2 States as penalties, settlements, or fines under 

3 sections 309 and 311 of the Federal Water Pol4 lution Control Act (33 U.S.C. 1319, 1321) in 

5 relation to the blowout and explosion of the mo6 bile offshore drilling unit Deepwater Horizon 

7 that occurred on April 20, 2010, and resulting 

8 hydrocarbon releases into the environment. 

9 (C) AUTHORIZED USES.—The Fund shall 

10 be available to the Chair for the conservation, 

11 protection, and restoration of the Gulf Coast 

12 ecosystem in accordance with State Coastal 

13 Ecosystem Restoration Plans submitted by the 

14 Governors and approved by the Chair under 

15 this section. 

16 (3) DISBURSEMENT.—The Chair shall disburse 

17 to each qualifying State for which the Chair has ap18 proved a State Coastal Ecosystem Restoration Plan 

19 under this section such funds as are allocated to the 

20 qualifying State under this section. 

21 (4) USE OF FUNDS BY QUALIFYING STATE.—A 

22 qualifying State shall use all amounts received under 

23 this section, including any amount deposited in a 

24 trust fund that is administered by the State and 

25 dedicated to uses consistent with this section, in acVerDate Mar 15 2010 05:49 Jan 07, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H56.IH H56

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1 cordance with all applicable Federal and State law, 

2 only for 1 or more of the following purposes: 

3 (A) Projects and activities for the con4 servation, protection, or restoration of coastal 

5 areas, including wetlands. 

6 (B) Mitigation of damage to fish, wildlife, 

7 or natural resources. 

8 (C) Planning assistance and the adminis9 trative costs of complying with this section. 

10 (D) Implementation of a federally ap11 proved marine, coastal, or comprehensive con12 servation management plan. 

13 (c) STATE COASTAL ECOSYSTEM RESTORATION

14 PLAN.— 

15 (1) SUBMISSION OF STATE PLANS.— 

16 (A) IN GENERAL.—Not later than October 

17 1, 2011, the Governor of a qualifying State 

18 shall submit to the Chair a State Coastal Eco19 system Restoration Plan. 

20 (B) PUBLIC PARTICIPATION.—In carrying 

21 out subparagraph (A), the Governor shall solicit 

22 local input and provide for public participation 

23 in the development of the plan. 

24 (2) APPROVAL.— 


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1 (A) IN GENERAL.—The Chair must ap2 prove a plan of a qualifying State submitted 

3 under paragraph (1) before disbursing any 

4 amount to the qualifying State under this sec5 tion. 

6 (B) REQUIRED COMPONENTS.—The Chair 

7 shall approve a plan submitted by a qualifying 

8 State under paragraph (1) if— 

9 (i) the Chair determines that the plan 

10 is consistent with the uses described in 

11 subsection (b); and 

12 (ii) the plan contains— 

13 (I) the name of the State agency 

14 that will have the authority to rep15 resent and act on behalf of the State 

16 in dealing with the Secretary for pur17 poses of this section; 

18 (II) a program for the implemen19 tation of the plan that describes how 

20 the amounts provided under this sec21 tion to the qualifying State will be 

22 used; and 

23 (III) a certification by the Gov24 ernor that ample opportunity has been 

25 provided for public participation in 


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1 the development and revision of the 

2 plan. 

3 (3) AMENDMENTS.—Any amendment to a plan 

4 submitted under paragraph (1) shall be— 

5 (A) developed in accordance with this sub6 section; and 

7 (B) submitted to the Chair for approval or 

8 disapproval under paragraph (4). 

9 (4) PROCEDURE.—Not later than 60 days after 

10 the date on which a plan or amendment to a plan 

11 is submitted under paragraph (1) or (3), respec12 tively, the Chair shall approve or disapprove the plan 

13 or amendment. 

14 (d) GULF COAST ECOSYSTEM RESTORATION TASK

15 FORCE.— 

16 (1) ESTABLISHMENT.—There is established the 

17 Gulf Coast Ecosystem Restoration Task Force. 

18 (2) MEMBERSHIP.—The Task Force shall con19 sist of the following members, or in the case of a 

20 Federal agency, a designee at the level of Assistant 

21 Secretary or the equivalent: 

22 (A) The Secretary. 

23 (B) The Secretary of Commerce. 

24 (C) The Secretary of the Army. 

25 (D) The Attorney General. 


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1 (E) The Secretary of Homeland Security. 

2 (F) The Administrator of the Environ3 mental Protection Agency. 

4 (G) The Commandant of the Coast Guard. 

5 (H) The Secretary of Transportation. 

6 (I) The Secretary of Agriculture. 

7 (J) A representative of each affected In8 dian tribe, appointed by the Secretary based on 

9 the recommendations of the tribal chairman. 

10 (K) Two representatives of each of the 

11 States of Alabama, Florida, Louisiana, Mis12 sissippi, and Texas, appointed by the Governor 

13 of each State, respectively. 

14 (L) Two representatives of local govern15 ment within each of the States of Alabama, 

16 Florida, Louisiana, Mississippi, and Texas, ap17 pointed by the Governor of each State, respec18 tively. 

19 (3) CHAIR.—The Chair of the Task Force shall 

20 be appointed by the President from among the mem21 bers under paragraph (2) who are Federal officials. 

22 (4) DUTIES OF THE TASK FORCE.—The Task 

23 Force shall— 


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1 (A) consult with, and provide recommenda2 tions to, the Chair regarding the approval of 

3 State Coastal Ecosystem Restoration Plans; 

4 (B) coordinate scientific and other re5 search associated with restoration of the Gulf 

6 Coast ecosystem; and 

7 (C) submit an annual report to Congress 

8 that summarizes the State Coastal Ecosystem 

9 Restoration Plans submitted by the Governors 

10 and approved by the Chair. 

11 (5) APPLICATION OF THE FEDERAL ADVISORY

12 COMMITTEE ACT.—The Task Force shall not be con13 sidered an advisory committee under the Federal 

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

Æ 


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