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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 861 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 861

    To restore the natural resources, ecosystems, fisheries, marine 
habitats, and coastal wetland of Gulf Coast States, to create jobs and 
  revive the economic health of communities adversely affected by the 
    explosion on, and sinking of, the mobile offshore drilling unit 
               Deepwater Horizon, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2011

  Ms. Landrieu (for herself and Mr. Vitter) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
    To restore the natural resources, ecosystems, fisheries, marine 
habitats, and coastal wetland of Gulf Coast States, to create jobs and 
  revive the economic health of communities adversely affected by the 
    explosion on, and sinking of, the mobile offshore drilling unit 
               Deepwater Horizon, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Revived Economies of the 
Gulf Coast States Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as a result of decades of oil and gas development in 
        the Gulf of Mexico, producing and nonproducing States in the 
        Gulf Coast region have borne substantial risks of environmental 
        damage and economic harm, all of which culminated with the 
        explosion on, and sinking of, the mobile offshore drilling unit 
        Deepwater Horizon;
            (2) the discharge of oil in the Gulf of Mexico that began 
        following the explosion on, and sinking of, the mobile offshore 
        drilling unit Deepwater Horizon has caused substantial 
        environmental destruction and economic harm to the people and 
        communities of the Gulf Coast region;
            (3)(A) in the report entitled ``America's Gulf Coast--A 
        Long Term Recovery Plan after the Deepwater Horizon Oil 
        Spill'', the Secretary of the Navy stated, ``Together, the 
        Gulf's tourism and commercial and recreational fishing 
        industries contribute tens of billions of dollars to the U.S. 
        economy. More than 90 percent of the nation's offshore crude 
        oil and natural gas is produced in the Gulf, and the Federal 
        treasury receives roughly $4.5 billion dollars every year from 
        offshore leases and royalties. And it is in the Gulf of Mexico 
        that nearly one third of seafood production in the continental 
        U.S. is harvested. America needs a healthy and resilient Gulf 
        Coast, one that can support the diverse economies, communities, 
        and cultures of the region.'';
            (B) to address the needs of the Gulf Coast region, the 
        Secretary of the Navy stated, ``It is recommended that the 
        President urge Congress to pass legislation that would dedicate 
        a significant amount of any civil penalties recovered under the 
        Clean Water Act from parties responsible for the Deepwater 
        Horizon oil spill to those directly impacted by that spill.''; 
        and
            (C) to mitigate local challenges and help restore the 
        resiliency of communities adversely affected by the spill, the 
        Secretary of the Navy stated that the legislation described in 
        subparagraph (B) should ``[b]uild economic development 
        strategies around community needs, and take particular efforts 
        to address the needs of disadvantaged, underserved, and 
        resource constrained communities'';
            (4) in a final report to the President, the National 
        Commission on the BP Deepwater Horizon Oil Spill and Offshore 
        Drilling--
                    (A) stated, ``Estimates of the cost of Gulf 
                restoration, including but not limited to the 
                Mississippi Delta, vary widely, but according to 
                testimony before the Commission, full restoration of 
                the Gulf will require $15 billion to $20 billion: a 
                minimum of $500 million annually for 30 years.''; and
                    (B) like the Secretary of the Navy, recommended 
                that, to meet the needs described in subparagraph (A), 
                a substantial portion of applicable penalties under the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.) be dedicated to long-term restoration of the Gulf 
                of Mexico;
            (5) taking into account the risks borne by Gulf Coast 
        States for decades of oil and gas development and the 
        environmental degradation suffered by the Gulf Coast ecosystem, 
        the amounts received by the United States as payment of 
        administrative, civil, or criminal penalties in connection with 
        the explosion on, and sinking of, the mobile offshore drilling 
        unit Deepwater Horizon should be expended--
                    (A) to restore the natural resources, ecosystems, 
                fisheries, marine habitats, coastal wetland, and 
                economy of the Gulf Coast; and
                    (B) to address the associated economic harm 
                suffered by the people and communities of the region, 
                including especially socially vulnerable populations;
            (6) the expenditures of funds pursuant to this Act and the 
        amendments made by this Act should be based on the best 
        available physical, ecological, and social science;
            (7) the projects and programs authorized by this Act and 
        the amendments made by this Act should be carried out pursuant 
        to contracts awarded in a manner that provides a preference to 
        individuals and entities that reside in, are headquartered in, 
        or are principally engaged in business in a Gulf Coast State; 
        and
            (8) Federal, State, and local officials should seek--
                    (A) to leverage the financial resources made 
                available under this Act; and
                    (B) to the maximum extent practicable, to ensure 
                that projects funded pursuant to this Act complement 
                efforts planned or in operation to revitalize the 
                natural resources and economic health of the Gulf Coast 
                region, including by augmenting funding for projects 
                underwritten by the private sector and philanthropic 
                organizations.

SEC. 3. 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, civil, 
and criminal 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 programs and projects to restore, 
        protect, and make sustainable use of the natural resources, 
        ecosystems, fisheries, marine habitats, coastal wetland, and 
        economy of the Gulf Coast States (as defined in section 311 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1321)), in 
        accordance with this Act and the amendments made by this Act; 
        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 credited 
to, and become a part of, the Trust Fund.
    (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 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 
Act, including--
            (1) procedures to assess whether the programs and 
        activities carried out under this Act and the amendments made 
        by this Act achieve compliance with applicable requirements, 
        including procedures by which the Secretary of the Interior may 
        determine whether an expenditure by a Gulf Coast State (as that 
        term is 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.

SEC. 4. 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 `Chairperson' means the Chairperson of the 
        Council;
            ``(28) the term `Comprehensive Plan' means the 
        comprehensive plan developed by the Council pursuant to 
        subsection (t);
            ``(29) the term `Council' means the Gulf Coast Ecosystem 
        Restoration Council established pursuant to subsection (t);
            ``(30) 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;
            ``(31) the term `Gulf Coast ecosystem' means--
                    ``(A) the coastal zones, as that term is defined in 
                section 304 of the Coastal Zone Management Act of 1972 
                (16 U.S.C. 1453) of the Gulf Coast States; and
                    ``(B) includes any adjacent land, water, 
                watersheds, and areas of the outer Continental Shelf of 
                the Gulf Coast States that--
                            ``(i) are within 50 miles of the coastal 
                        zones of the Gulf Coast States and have been 
                        adversely affected by the Deepwater Horizon oil 
                        spill; and
                            ``(ii) have been potentially affected by 
                        continued impacts relating to the Deepwater 
                        Horizon oil spill;
            ``(32) the term `Gulf Coast State' means any of the States 
        of Alabama, Florida, Louisiana, Mississippi, and Texas; and
            ``(33) the term `Trust Fund' means the Gulf Coast 
        Restoration Trust Fund established pursuant to section 3 of the 
        Resources and Ecosystems Sustainability, Tourist Opportunities, 
        and Revived Economies of the Gulf Coast States Act of 2011.'';
            (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 disbursed to the Gulf Coast States in 
                equal shares for expenditure in accordance with this 
                subsection.
                    ``(B) Use of funds.--
                            ``(i) In general.--Amounts provided to the 
                        Gulf Coast States under this subsection shall 
                        be used to carry out projects and programs to 
                        restore, protect, and make sustainable use of 
                        the natural resources, ecosystems, fisheries, 
                        marine habitats, coastal wetland, and economy 
                        of the Gulf Coast.
                            ``(ii) Activities.--Amounts provided to the 
                        Gulf States under this subsection may be used 
                        to carry out 1 or more of the following 
                        activities:
                                    ``(I) Coastal protection projects 
                                and activities, including conservation, 
                                coastal restoration, hurricane 
                                protection, and infrastructure directly 
                                affected by coastal wetland losses, 
                                beach erosion, and the impacts of the 
                                Deepwater Horizon oil spill.
                                    ``(II) Mitigation of damage to, and 
                                restoration of, fish, wildlife, or 
                                natural resources.
                                    ``(III) Implementation of a 
                                federally approved marine, coastal, or 
                                comprehensive conservation management 
                                plan, including fisheries monitoring.
                                    ``(IV) Programs to promote tourism 
                                in a Gulf Coast State.
                                    ``(V) Programs to promote the 
                                consumption of seafood produced from 
                                the Gulf Coast ecosystem or adjacent 
                                Federal waters.
                                    ``(VI) Planning assistance and the 
                                administrative costs of complying with 
                                this subsection.
                    ``(C) Conditions.--As a condition of receiving 
                amounts from the Trust Fund, the Governor of a Gulf 
                Coast State, in consultation with the appropriate State 
                entity, including the entities described in 
                subparagraph (D), 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 Governor is requesting 
                        amounts--
                                    ``(I) is designed to restore, 
                                protect, and make sustainable use of 
                                the natural resources, ecosystems, 
                                fisheries, marine habitats, coastal 
                                wetland, and economy of the Gulf Coast;
                                    ``(II) carries out 1 or more of the 
                                activities described in 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, is based on the best 
                                available science; and
                            ``(iii) certify that the project or program 
                        and the awarding of a contract for the 
                        expenditure of amounts received under this 
                        subsection 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.
                    ``(D) Approval by state entity, task force, or 
                agency.--The following Gulf Coast State entities, task 
                forces, or agencies shall be consulted by the 
                applicable Gulf Coast State Governor in carrying out 
                subparagraph (C):
                            ``(i) In the State of Alabama, the Port 
                        Authority of Alabama.
                            ``(ii) In the State of Louisiana, the 
                        Coastal Protection and Restoration Authority of 
                        Louisiana.
                    ``(E) Compliance with conditions.--If the Secretary 
                of the Treasury determines that an expenditure by a 
                Gulf Coast State of amounts made available under this 
                subsection does not meet the conditions of this 
                subsection, the Secretary shall make no additional 
                amounts from the Trust Fund available to that Gulf 
                Coast State until such time as an amount equal to the 
                amount expended for the unauthorized use--
                            ``(i) has been deposited by the Gulf Coast 
                        State in the Trust Fund; or
                            ``(ii) has been authorized by the Secretary 
                        of the Treasury for expenditure by the Gulf 
                        Coast State for a project or program that meets 
                        the requirements of this subsection.
                    ``(F) Public input.--In meeting any condition of 
                this subsection, the Governor of a Gulf Coast State may 
                use any procedure appropriate in that Gulf Coast State, 
                including consulting with 1 or more established task 
                forces or other entities, to develop recommendations 
                for proposed projects and programs that would restore, 
                protect, and make sustainable use of the natural 
                resources, ecosystems, fisheries, marine habitats, 
                coastal wetland, and economy of the Gulf Coast.
                    ``(G) Previously approved projects and programs.--
                The Governor of a Gulf Coast State shall be considered 
                to have met the conditions of subparagraph (C) 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 2011--
                            ``(i) the Gulf Coast State has established 
                        conditions for carrying out projects and 
                        programs that are similar to the conditions 
                        described in subparagraph (C); and
                            ``(ii) the applicable project or program 
                        carries out 1 or more of the activities 
                        described in subparagraph (B)(ii).
                    ``(H) Consultation with council.--In carrying out 
                this subsection, each Governor of a Gulf Coast State 
                shall seek the input of the Chairperson of the Council 
                to identify large-scale projects that may be jointly 
                supported by that Gulf Coast State and by the Council 
                pursuant to the Comprehensive Plan with amounts 
                provided under this subsection.
                    ``(I) Non-federal matching funds.--A Governor of a 
                Gulf Coast State may use, in whole or in part, amounts 
                made available to that Gulf Coast State from the Trust 
                Fund to satisfy the non-Federal share of the cost of 
                any project or program authorized by Federal law that 
                meets the use requirements under subparagraph (B)(i).
                    ``(J) Local preference.--In awarding contracts to 
                carry out a project or program under this subsection, a 
                Governor of a Gulf Coast State may give a preference to 
                individuals and companies that reside in, are 
                headquartered in, or are principally engaged in 
                business in, a Gulf Coast State.
            ``(2) Council establishment and allocation.--
                    ``(A) In general.--Of the total amount made 
                available in any fiscal year from the Trust Fund, 60 
                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 Chairperson shall select, and 
                        the Council shall undertake, projects and 
                        programs that would restore and protect the 
                        natural resources, ecosystems, fisheries, 
                        marine habitats, and coastal wetland 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.
                    ``(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 Chair of the Council on 
                                Environmental Quality.
                                    ``(II) The Secretary of the 
                                Interior.
                                    ``(III) The Secretary of the Army.
                                    ``(IV) The Secretary of Commerce.
                                    ``(V) The Secretary of Agriculture.
                                    ``(VI) The Administrator of the 
                                Environmental Protection Agency.
                                    ``(VII) The Secretary of Homeland 
                                Security.
                                    ``(VIII) The Secretary of Energy.
                                    ``(IX) The Governor of the State of 
                                Alabama.
                                    ``(X) The Governor of the State of 
                                Florida.
                                    ``(XI) The Governor of the State of 
                                Louisiana.
                                    ``(XII) The Governor of the State 
                                of Mississippi.
                                    ``(XIII) The Governor of the State 
                                of Texas.
                            ``(iii) Chairperson.--From among the 
                        Federal agency members of the Council, the 
                        Council shall select, and the President shall 
                        appoint, 1 member to serve as Chairperson of 
                        the Council.
                            ``(iv) Duties of council.--The Council 
                        shall--
                                    ``(I) consult with, and provide 
                                recommendations to, the Chairperson 
                                during development of a preliminary 
                                plan, 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 
                                        habitats, and coastal wetland 
                                        of the Gulf Coast ecosystem;
                                    ``(III) coordinate the development 
                                of consistent policies, strategies, 
                                plans, and activities by Federal 
                                agencies, State and local governments, 
                                and private sector entities for 
                                addressing the restoration and 
                                protection of the Gulf Coast ecosystem;
                                    ``(IV) establish such other 
                                advisory committee or committees as may 
                                be necessary to assist the Council, 
                                including to address public policy and 
                                scientific issues;
                                    ``(V) coordinate scientific and 
                                other research associated with 
                                restoration of the Gulf Coast 
                                ecosystem;
                                    ``(VI) seek to ensure that all 
                                policies, strategies, plans, and 
                                activities for addressing the 
                                restoration of the Gulf Coast ecosystem 
                                are based on the best available 
                                physical, ecological, and social 
                                science;
                                    ``(VII) make recommendations to 
                                address the particular needs of 
                                especially socially vulnerable 
                                populations;
                                    ``(VIII) 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;
                                    ``(IX) 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
                                    ``(X) submit an annual report to 
                                Congress that--
                                            ``(aa) summarizes the 
                                        policies, strategies, plans, 
                                        and activities for addressing 
                                        the restoration and protection 
                                        of the Gulf Coast ecosystem;
                                            ``(bb) describes the 
                                        projects and programs being 
                                        implemented to restore and 
                                        protect the Gulf Coast 
                                        ecosystem; and
                                            ``(cc) makes such 
                                        recommendations to Congress for 
                                        modifications of existing laws 
                                        as the Council determines 
                                        necessary to achieve the 
                                        purposes of the Resources and 
                                        Ecosystems Sustainability, 
                                        Tourist Opportunities, and 
                                        Revived Economies of the Gulf 
                                        Coast States Act of 2011.
                            ``(v) Application of federal advisory 
                        committee act.--The Council, or any other 
                        advisory committee established under this 
                        subsection, shall not be considered an advisory 
                        committee under the Federal Advisory Committee 
                        Act (5 U.S.C. App.).
                    ``(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 2011, the Chairperson, on 
                                behalf of the Council, shall publish a 
                                proposed plan to restore and protect 
                                the natural resources, ecosystems, 
                                fisheries, marine habitats, and coastal 
                                wetland of the Gulf Coast ecosystem.
                                    ``(II) Contents.--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 date of enactment of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist Opportunities, 
                                and Revived Economies of the Gulf Coast 
                                States Act of 2011 and after notice and 
                                opportunity for public comment, the 
                                Chairperson, on behalf of the Council, 
                                shall publish in the Federal Register 
                                the initial Comprehensive Plan to 
                                restore and protect the natural 
                                resources, ecosystems, fisheries, 
                                marine habitats, and coastal wetland of 
                                the Gulf Coast ecosystem.
                                    ``(II) Cooperation with gulf coast 
                                restoration 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, the Council shall consider any 
                                finding or report submitted by a center 
                                of excellence participating in the Gulf 
                                Coast Ecosystem Restoration Science, 
                                Monitoring, and Technology Program 
                                established pursuant to section 5(c) of 
                                the Resources and Ecosystems 
                                Sustainability, Tourist Opportunities, 
                                and Revived Economies of the Gulf Coast 
                                States Act of 2011.
                                    ``(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 2011;
                                            ``(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) a 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 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 subsection 
                                        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 subclause 
                        (IV)(bb), in selecting projects and programs to 
                        include on the 3-year list described in 
                        subclause (IV)(dd), based on the best available 
                        science, the Council shall give highest 
                        priority to--
                                    ``(I) projects that are projected 
                                to make the greatest contribution to 
                                restoring and protecting the natural 
                                resources, ecosystems, fisheries, 
                                marine habitats, and coastal wetland of 
                                the Gulf Coast ecosystem, without 
                                regard to geographic location;
                                    ``(II) large-scale projects and 
                                programs that--
                                            ``(aa) are not likely to be 
                                        funded under other 
                                        environmental restoration and 
                                        protection programs authorized 
                                        in the Gulf Coast States; and
                                            ``(bb) are projected to 
                                        substantially contribute to 
                                        restoring and protecting the 
                                        natural resources, ecosystems, 
                                        fisheries, marine habitats, and 
                                        coastal wetland of the Gulf 
                                        Coast ecosystem; and
                                    ``(III) existing Gulf Coast State 
                                comprehensive plans for the restoration 
                                and protection of natural resources, 
                                ecosystems, fisheries, marine habitats, 
                                and coastal wetland of the Gulf Coast 
                                ecosystem.
                    ``(E) Implementation.--
                            ``(i) In general.--The Council, acting 
                        through the member agencies and Gulf Coast 
                        States, may 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 Chairperson to an agency or a Gulf 
                                Coast State represented on the Council.
                                    ``(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 established pursuant to 
                                section 3 of the Resources and 
                                Ecosystems Sustainability, Tourist 
                                Opportunities, and Revived Economies of 
                                the Gulf Coast States Act of 2011.
                            ``(iii) Cost sharing.--
                                    ``(I) In general.--A Gulf Coast 
                                State may use, in whole or in part, 
                                amounts made available to that Gulf 
                                Coast State from the Trust Fund to 
                                satisfy the non-Federal share of the 
                                cost of carrying a project or program 
                                that--
                                            ``(aa) is authorized by 
                                        other Federal law; and
                                            ``(bb) meets the criteria 
                                        of this paragraph.
                                    ``(II) Inclusion in comprehensive 
                                plan.--A project or program described 
                                in subclause (I) shall be selected and 
                                adopted by the Council as part of the 
                                Comprehensive Plan in the manner 
                                described in this paragraph.
                    ``(F) Coordination.--The Council and the Federal 
                members of the Council may develop Memorandums of 
                Understanding establishing integrated funding and 
                implementation plans among the member agencies and 
                authorities.''.

SEC. 5. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 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) Program.--The term ``Program'' means the Gulf Coast 
        Ecosystem Restoration Science, Monitoring, and Technology 
        Program established by subsection (b).
    (b) Establishment.--There is established within the National 
Oceanic and Atmospheric Administration a program to be known as the 
``Gulf Coast Ecosystem Restoration Science, Monitoring, and Technology 
Program'', to be carried out by the Administrator.
    (c) Centers of Excellence.--
            (1) In general.--In carrying out the Program, the 
        Administrator shall make grants in accordance with paragraph 
        (2) to establish and operate 5 centers of excellence, 1 of 
        which shall be located in each of the States of Alabama, 
        Florida, Louisiana, Mississippi, and Texas.
            (2) Grants.--
                    (A) In general.--The Administrator 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 paragraph (1).
                    (B) Application.--To be eligible to receive a grant 
                under this paragraph, an entity or consortium described 
                in subparagraph (A) shall submit to the Administrator 
                an application at such time, in such manner, and 
                containing such information as the Administrator 
                determines to be appropriate.
                    (C) Priority.--In awarding grants under this 
                paragraph, the Administrator shall give priority to 
                entities and consortia that demonstrate the ability to 
                establish the broadest cross-section of participants 
                with interest and expertise in any discipline described 
                in paragraph (3) on which the proposed curriculum of 
                the center of excellence will be focused.
            (3) Disciplines.--Each center of excellence shall focus the 
        curriculum of the center on science, technology, and monitoring 
        in at least 1 of the following disciplines:
                    (A) Coastal wetland restoration and protection.
                    (B) Coastal and marine fisheries and wildlife 
                ecosystem research, monitoring, mapping, and recovery.
                    (C) Offshore energy development, including research 
                and technology to improve the safety in exploration and 
                development of oil and gas resources.
                    (D) Sustainable growth, economic, and commercial 
                development.
                    (E) Port, harbor, and waterway construction and 
                maintenance.
            (4) Coordination with other programs.--The Administrator 
        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.
    (d) Funding.--Except as provided in subsection (t)(4) of section 
311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), of the 
total amount made available for each fiscal year for the Gulf Coast 
Restoration Trust Fund established under section 3, 5 percent shall be 
allocated to the Program.
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