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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 862 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 862

To provide for a comprehensive Gulf of Mexico restoration plan, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2011

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

_______________________________________________________________________

                                 A BILL

 
To provide for a comprehensive Gulf of Mexico restoration plan, 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 ``Comprehensive Gulf of Mexico 
Recovery, Restoration, and Resiliency Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Citizens' advisory committee.--The term ``Citizens' 
        Advisory Committee'' means the Gulf of Mexico Regional 
        Citizens' Advisory Committee established by section 8(a).
            (2) Clean energy production and development.--The term 
        ``clean energy production and development'' means any 
        electricity generation, transmission, storage, heating, 
        cooling, industrial process, or manufacturing project the 
        primary purpose of which is the deployment, development, or 
        production of an energy system or technology that avoids, 
        reduces, or sequesters air pollutants or anthropogenic 
        greenhouse gases.
            (3) Council.--The term ``Council'' means the Gulf of Mexico 
        Recovery Council established by section 3(a).
            (4) Eligible entity.--The term ``eligible entity'' means an 
        organization that--
                    (A) is a consortium of 1 or more public and private 
                institutions of higher education in a Gulf State;
                    (B) is formally established by a board of higher 
                education in a Gulf State for the purpose of 
                collaborating on marine science research;
                    (C) carries out 1 or more operations that are 
                physically located in the Gulf coast; and
                    (D) demonstrates experience arising from--
                            (i) the conduct of the types of activities 
                        described in section 6; and
                            (ii) the ability to carry out each 
                        requirement described in subsections (c), (d), 
                        and (e) of section 6.
            (5) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term in section 1004 of the Solid Waste 
        Disposal Act (42 U.S.C. 6903).
            (6) Fishery endowment.--The term ``Fishery Endowment'' 
        means the Gulf of Mexico Fishery Endowment established under 
        section 7(a).
            (7) Fund.--The term ``Fund'' means the Gulf of Mexico 
        Recovery Fund established by section 4(a).
            (8) Gulf.--The term ``Gulf'' means the submerged land of 
        the outer Continental Shelf, and the areas of the exclusive 
        economic zone of the United States, within the Gulf of Mexico, 
        including associated coastal watersheds, estuaries, beaches, 
        and wetlands.
            (9) Gulf coast.--The term ``Gulf coast'' means--
                    (A) each coastal zone (as determined pursuant to 
                the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
                et seq.)) of each Gulf State (including water adjacent 
                to the Gulf State); and
                    (B) submerged land of the outer Continental Shelf 
                located in the Gulf of Mexico.
            (10) Gulf oil spill.--The term ``Gulf oil spill'' means the 
        discharge of oil and the use of oil dispersants that began in 
        2010 in connection with 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.
            (11) Gulf state.--The term ``Gulf State'' means any of the 
        States of--
                    (A) Alabama;
                    (B) Florida;
                    (C) Louisiana;
                    (D) Mississippi; and
                    (E) Texas.
            (12) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (13) Local political subdivision.--The term ``local 
        political subdivision'' means any city, county, township, town, 
        borough, parish, village, or other general purpose political 
        subdivision of a State.
            (14) Natural resource trustee.--The term ``natural resource 
        trustee'' means each of the Federal and State trustees 
        designated under title I of the Oil Pollution Act of 1990 (33 
        U.S.C. 2701 et seq.) with respect to natural resource damages 
        relating to the Gulf oil spill.
            (15) Observation system.--The term ``Observation System'' 
        means the Gulf of Mexico Observation System established under 
        section 6(a).
            (16) Plan.--The term ``Plan'' means the Comprehensive Gulf 
        of Mexico Recovery Plan developed under section 5(a).
            (17) Strategy.--The term ``Strategy'' means the regional 
        ecosystem restoration strategy developed by the Gulf Coast 
        Ecosystem Restoration Task Force established by Executive Order 
        13554 (16 U.S.C. 1451 note; relating to the Gulf Coast 
        Ecosystem Restoration Task Force).

SEC. 3. GULF OF MEXICO RECOVERY COUNCIL.

    (a) Establishment.--There is established the Gulf of Mexico 
Recovery Council.
    (b) Membership.--The Council shall be composed of each member of 
the Gulf Coast Ecosystem Restoration Task Force established by 
Executive Order 13554 (16 U.S.C. 1451 note; relating to the Gulf Coast 
Ecosystem Restoration Task Force).
    (c) Chairperson.--The President shall select a Chairperson from 
among the members of the Council.
    (d) Duties.--The Council, in coordination with the natural resource 
trustees, shall--
            (1) develop the Plan;
            (2) establish guidelines for the provision of, and provide, 
        grants in accordance with subsection (e);
            (3) establish the Observation System;
            (4) establish the Fishery Endowment;
            (5) coordinate the sharing of scientific information and 
        other research associated with Gulf coast economic development, 
        ecosystem restoration, and public health rehabilitation;
            (6) form partnerships with Federal and State agencies, 
        institutions of higher education, research consortia, private 
        companies, and other relevant entities; and
            (7) submit to the appropriate committees of Congress an 
        annual report under subsection (f).
    (e) Grants.--
            (1) In general.--Using amounts made available for 
        expenditure from the Fund for a fiscal year, the Council shall 
        provide grants in accordance with this subsection.
            (2) Grants to local political subdivisions.--
                    (A) In general.--For each fiscal year, of the 
                amounts made available for expenditure from the Fund, 
                the Council shall use 45 percent of the amounts to 
                provide grants to local political subdivisions.
                    (B) Request for grant proposals.--Not later than 30 
                days after the date of enactment of this Act, and every 
                180 days thereafter until such time as the percentage 
                of amounts specified in subparagraph (A) for a fiscal 
                year has been provided in the form of grants under this 
                paragraph, the Council shall issue to each local 
                political subdivision affected by the Gulf oil spill, 
                as determined by the Council, a request for proposal 
                for grants for activities relating to Gulf coast 
                economic development, ecosystem restoration, and public 
                health rehabilitation, including--
                            (i) environmental restoration and 
                        remediation (including remediation in coastal 
                        and marine ecosystems);
                            (ii) academic and applied research 
                        regarding the economy, environment, and public 
                        health of the local political subdivision;
                            (iii) seafood marketing;
                            (iv) tourism and tourism marketing;
                            (v) coastal land acquisition;
                            (vi) ecosystem resource planning;
                            (vii) renewable and clean energy production 
                        and development, energy conservation, and 
                        related retrofitting projects;
                            (viii) workforce development; and
                            (ix) environmental education.
                    (C) Consistency with regional ecosystem restoration 
                strategy.--The Council shall ensure that any funds made 
                available under this paragraph shall be used for 
                projects and activities that are consistent with the 
                Strategy.
                    (D) Timing of provision of grants.--The Council 
                shall provide a grant under this paragraph not later 
                than 120 days after the date on which the Council 
                receives a proposal for the grant described in 
                subparagraph (B).
            (3) Grants from council for plan and observation system.--
                    (A) In general.--For each fiscal year, of the 
                amounts made available for expenditure from the Fund, 
                the Council shall use 50 percent of the amounts to 
                provide grants for use in--
                            (i) funding projects, programs, or 
                        activities to meet the goals described in 
                        section 5(b); and
                            (ii) carrying out section 6.
                    (B) Eligible recipients.--The Council may provide a 
                grant under this paragraph--
                            (i) for a purpose described in subparagraph 
                        (A)(i), to--
                                    (I) a Federal or State agency;
                                    (II) an institution of higher 
                                education; or
                                    (III) a local political 
                                subdivision; and
                            (ii) for the purpose described in 
                        subparagraph (A)(ii), to eligible entities 
                        selected by the Council under section 
                        6(b)(2)(A).
                    (C) Condition for receipt of grant.--As a condition 
                on the receipt of a grant under this paragraph, and 
                eligible recipient described in subparagraph (B)(i) 
                shall agree to coordinate with the Council to develop 
                and modify proposed projects to address needs under, 
                and achieve the goals of, the Plan.
            (4) Method of allocation.--
                    (A) In general.--The Council shall allocate the 
                amounts to be used within each Gulf State under this 
                paragraph in accordance with subparagraph (B).
                    (B) Allocation.--
                            (i) Proportionate share of length of gulf 
                        coast shoreline.--Of the amounts allocated to a 
                        Gulf State described in subparagraph (A) for 
                        each fiscal year, 60 percent shall be allocated 
                        based on the proportion that, as determined by 
                        the Council based on the most recently 
                        available data from, or accepted by, the Office 
                        of Coast Survey of the National Oceanic and 
                        Atmospheric Administration--
                                    (I) the aggregate length of the 
                                Gulf coast shoreline of the Gulf State; 
                                bears to
                                    (II) the aggregate length of the 
                                Gulf coast shoreline of all Gulf 
                                States.
                            (ii) Proportionate share of aggregate 
                        population.--Of the amounts allocated to a Gulf 
                        State described in subparagraph (A) for each 
                        fiscal year, 40 percent shall be allocated 
                        based on the proportion that, as determined by 
                        the Council based on data collected during the 
                        most recent decennial census--
                                    (I) the aggregate population of all 
                                counties located, in whole or in part, 
                                within the designated Gulf coast 
                                boundaries of the Gulf State; bears to
                                    (II) the aggregate population of 
                                all counties located, in whole or in 
                                part, within the designated Gulf coast 
                                boundaries in all Gulf States.
                            (iii) Adjustment authority.--In carrying 
                        out this paragraph for a fiscal year, the 
                        Council may increase or decrease the 
                        percentages of funds provided under clauses (i) 
                        and (ii) for the fiscal year by not more than 5 
                        percent, based on the severity of impacts of 
                        the Gulf oil spill on a particular Gulf State, 
                        as determined by the Council, on the condition 
                        that the total of the percentages under those 
                        clauses remains 100 percent after all such 
                        increases and decreases.
            (5) Administrative expenses.--Not more than 5 percent of 
        the amount of any grant provided under this subsection may be 
        used for administrative expenses.
            (6) Fishery endowment.--For each fiscal year, an amount 
        equal to 5 percent of the amounts in the Fund shall be--
                    (A) deposited by the Council in a subaccount in the 
                Treasury; and
                    (B) made available to the Administrator of the 
                National Oceanic and Atmospheric Administration and the 
                Regional Gulf of Mexico Fishery Management Council for 
                use in administering and implementing the Fishery 
                Endowment.
    (f) Annual Reports.--Not later than September 30, 2012, and 
annually thereafter, the Council shall submit to the appropriate 
committees of Congress a report that, for the period covered by the 
report, contains a description of each--
            (1) activity of the Council, including each grant provided 
        by the Council under subsection (e); and
            (2) policy, plan, activity, and project carried out under 
        this Act.
    (g) Authority To Transfer Fund.--The Council may transfer amounts 
from the Fund to Federal agencies for the purpose of carrying out this 
Act, including for the purposes of--
            (1) carrying out Plan;
            (2) administering the Fishery Endowment; and
            (3) administering the Observation System.
    (h) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Council.

SEC. 4. GULF OF MEXICO RECOVERY FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Gulf of Mexico Recovery 
Fund'', to be administered by the Council for authorized uses described 
in subsection (c).
    (b) Transfers to Fund.--Notwithstanding any other provision of law, 
the Secretary of the Treasury shall deposit in the Fund amounts equal 
to not less than 100 percent of any amounts collected by the United 
States before, on, or after the date of enactment of this Act, and 
available on or after the date of enactment of this Act, as penalties, 
settlements, or fines under sections 309 and 311 of the Federal Water 
Pollution Control Act (33 U.S.C. 1319, 1321) in relation to the Gulf 
oil spill.
    (c) Authorized Uses.--Amounts in the Fund shall be available to the 
Council for the conduct of activities relating to Gulf coast economic 
development, ecosystem restoration, and public health rehabilitation in 
accordance with this Act, including the provision of grants under 
section 3(e).

SEC. 5. COMPREHENSIVE GULF OF MEXICO RECOVERY PLAN.

    (a) Development of Plan.--In accordance with subsection (b), the 
Council, in accordance with the Strategy and taking into consideration 
the advice of the Scientific Advisory Committee and the Citizens' 
Advisory Committee, shall develop a comprehensive plan to restore, 
revitalize, and increase the resiliency of the Gulf of Mexico 
ecosystem.
    (b) Goals.--The goals of the Plan shall include, with respect to 
the Gulf coast--
            (1) ecosystem monitoring; and
            (2) ecosystem recovery and resiliency, with an emphasis on 
        a holistic, comprehensive approach covering coastal, nearshore, 
        deep water.
    (c) Implementation.--The Council shall provide grants under section 
4(c)(3)(A) for use in funding projects, programs, or activities to meet 
the goals described in subsection (b).

SEC. 6. GULF OF MEXICO OBSERVATION SYSTEM.

    (a) Establishment.--The Council shall establish the Gulf of Mexico 
Observation System to observe, monitor, and map the Gulf in a 
comprehensive manner.
    (b) Administration.--The Observation System shall be--
            (1) implemented through a Gulf of Mexico Exploration 
        Research Center; and
            (2) administered by 1 or more eligible entities that--
                    (A) are selected by the Council based on an 
                application demonstrating the ability of the eligible 
                entity to carry out this section; and
                    (B) receive a grant for that purpose under section 
                3(e)(3)(A)(ii).
    (c) Facilitation of Existing Technologies.--An eligible entity 
administering the Observation System under subsection (b) shall 
facilitate the use of existing technologies to quickly increase, to the 
maximum extent practicable, observation and monitoring capabilities in 
the Gulf.
    (d) Development of New Technologies.--An eligible entity 
administering the Observation System under subsection (b) shall 
facilitate the development of new monitoring technologies.
    (e) Coordination With National Integrated Coastal and Ocean 
Observation System.--The Council shall ensure that the Observation 
System is developed in coordination with the National Integrated 
Coastal and Ocean Observation System established under section 12304(a) 
of the Integrated Coastal and Ocean Observation System Act of 2009 (33 
U.S.C. 3603(a)).

SEC. 7. GULF OF MEXICO FISHERY ENDOWMENT.

    (a) Establishment.--As soon as practicable after the date of 
enactment of this Act, the Council shall establish a fishery endowment 
to ensure, to the maximum extent practicable, the long-term 
sustainability of fish stocks and the recreational, commercial, and 
charter fishing industry in the Gulf of Mexico.
    (b) Funding.--For each fiscal year, of the amounts made available 
for expenditure from the subaccount described in section 3(e)(6)(A), 95 
percent of the interest accrued in the subaccount may be expended for, 
with respect to the Gulf of Mexico--
            (1) data collection and stock assessments;
            (2) pilot programs for--
                    (A) fishery independent data; and
                    (B) spawning aggregations reduction;
            (3) cooperative research; and
            (4) training and education on sustainable fishing practices 
        and gear use.
    (c) Administration; Implementation.--The Fishery Endowment shall 
be--
            (1) administered by the Administrator of the National 
        Oceanic and Atmospheric Administration; and
            (2) implemented by the Regional Gulf of Mexico Fishery 
        Management Council.

SEC. 8. CITIZENS ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Citizens' Advisory 
Committee.
    (b) Membership.--
            (1) In general.--The Citizens' Advisory Committee shall be 
        composed of 39 members, of whom--
                    (A) 30 members shall be voting members--
                            (i) of whom--
                                    (I) 6 members shall be residents 
                                of, and represent, the State of 
                                Alabama;
                                    (II) 6 members shall be residents 
                                of, and represent, the State of 
                                Florida;
                                    (III) 6 members shall be residents 
                                of, and represent, the State of 
                                Louisiana;
                                    (IV) 6 members shall be residents 
                                of, and represent, the State of 
                                Mississippi; and
                                    (V) 6 members shall be residents 
                                of, and represent, the State of Texas; 
                                and
                            (ii) each of whom shall represent an 
                        interest of the State of which the member 
                        represents, including an interest relating to--
                                    (I) the commercial fin fish and 
                                shellfish industry;
                                    (II) the charter fishing industry;
                                    (III) the restaurant, hotel, and 
                                tourism industries;
                                    (IV) indigenous peoples 
                                communities;
                                    (V) the marine and coastal 
                                conservation community; and
                                    (VI) incorporated and 
                                unincorporated municipalities; and
                    (B) 9 members shall be nonvoting members, of whom--
                            (i) 1 member shall be appointed by, and 
                        represent, the Secretary of the department in 
                        which the Coast Guard is operating;
                            (ii) 1 member shall be appointed by, and 
                        represent, the Administrator of the 
                        Environmental Protection Agency;
                            (iii) 1 member shall be appointed by, and 
                        represent, the Administrator of the National 
                        Oceanic and Atmospheric Administration;
                            (iv) 1 member shall be appointed by, and 
                        represent, the Secretary of the Interior;
                            (v) 1 member shall be appointed by, and 
                        represent, the lead maritime environmental and 
                        natural resources management and enforcement 
                        agency of the State of Alabama;
                            (vi) 1 member shall be appointed by, and 
                        represent, the lead maritime environmental and 
                        natural resources management and enforcement 
                        agency of the State of Florida;
                            (vii) 1 member shall be appointed by, and 
                        represent, the lead maritime environmental and 
                        natural resources management and enforcement 
                        agency of the State of Louisiana;
                            (viii) 1 member shall be appointed by, and 
                        represent, the lead maritime environmental and 
                        natural resources management and enforcement 
                        agency of the State of Mississippi; and
                            (ix) 1 member shall be appointed by, and 
                        represent, the lead maritime environmental and 
                        natural resources management and enforcement 
                        agency of the State of Texas.
            (2) Geographic balance.--Voting and nonvoting members 
        representing States shall be appointed equally from each State 
        represented on the Citizens' Advisory Committee.
    (c) Terms.--
            (1) In general.--Except as provided in paragraph (2), the 
        voting members of the Citizens' Advisory Committee shall be 
        appointed for a term of 3 years.
            (2) Initial appointments.--To establish the terms of the 
        group of first appointments of voting members to the Citizens' 
        Advisory Committee, a drawing of lots among the initial members 
        shall be conducted under which--
                    (A) \1/3\ of the group shall serve for a period of 
                3 years;
                    (B) \1/3\ of the group shall serve for a period of 
                2 years; and
                    (C) \1/3\ of the group shall serve for a period 1 
                year.
            (3) Duration of committee.--The authority of the Citizens' 
        Advisory Committee shall continue during the lifetime of energy 
        development, transportation, and facility removal activities in 
        the Gulf of Mexico.
    (d) Administration.--
            (1) In general.--The Citizens' Advisory Committee shall--
                    (A) elect a Chairperson from among the members of 
                the Citizens' Advisory Committee;
                    (B) select a staff; and
                    (C) make policies with regard to the internal 
                operating procedures of the Citizens' Advisory 
                Committee.
            (2) Self-governance.--
                    (A) Initial meeting.--After the date on which the 
                Secretary of the department in which the Coast Guard is 
                operating conducts an initial organizational meeting 
                for the Citizens' Advisory Committee, the Citizens' 
                Advisory Committee shall be self-governing.
                    (B) Initial meeting.--Not later than 60 days after 
                the date on which all members of the Citizens' Advisory 
                Committee have been appointed, the Citizens' Advisory 
                Committee shall hold the initial meeting of the 
                Citizens' Advisory Committee.
                    (C) Periodic meetings.--The Citizens' Advisory 
                Committee shall conduct meetings not less frequently 
                than 1 meeting per calendar year.
            (3) Transparency.--Subject to subsection (e)(2), the 
        Citizens' Advisory Committee shall--
                    (A) conduct the operations of the Citizens' 
                Advisory Committee in a manner that is accessible by 
                the public;
                    (B) ensure that each work product adopted by the 
                Citizens' Advisory Committee is publicly accessible;
                    (C) conduct not less than 1 meeting during each 
                calendar year that is open to the public, for which the 
                Citizens' Advisory Committee shall provide public 
                notice not later than 30 days before the date of the 
                meeting; and
                    (D) maintain a public Web site containing, at a 
                minimum--
                            (i) recommendations made by the Citizens' 
                        Advisory Committee, and information as to 
                        whether the recommendations have been adopted 
                        (including an explanation of each reason of the 
                        Citizens' Advisory Committee for not adopting a 
                        recommendation);
                            (ii) a description of plans under review, 
                        carried out in a manner that does not disclose 
                        any confidential or privileged information;
                            (iii) a statement of industry standards; 
                        and
                            (iv) an interactive component that enables 
                        the public--
                                    (I) to submit questions and 
                                comments; and
                                    (II) to report problems.
            (4) Conflicts of interest.--An individual selected as a 
        voting member of the Citizens' Advisory Committee may not 
        engage in any activity that may conflict with the execution of 
        the functions or duties of the individual as a member of the 
        Citizens' Advisory Committee.
    (e) Information From Federal Agencies and Industry.--
            (1) In general.--The Citizens' Advisory Committee may 
        request directly from any Federal agency information, 
        suggestions, estimates, and statistics to carry out this 
        section.
            (2) Access.--The Citizens' Advisory Committee shall have 
        access to--
                    (A) facilities and nonproprietary records of the 
                oil and gas industry that are relevant to the proper 
                execution of the duties of the Citizens' Advisory 
                Committee under this section; and
                    (B) records containing proprietary information if--
                            (i) the records are relevant to the proper 
                        execution of the duties of the Citizens' 
                        Advisory Committee under this section; and
                            (ii) the proprietary information is 
                        redacted to the extent necessary and 
                        appropriate.
    (f) Committee Recommendations.--All recommendations of the 
Committee shall only be advisory.
    (g) Location and Compensation.--
            (1) Office locations.--The Council shall establish offices 
        in 1 or more Gulf States, as the Citizens' Advisory Committee 
        determines to be necessary and appropriate to carry out the 
        operations of the Citizens' Advisory Committee.
            (2) Compensation.--A member of the Citizens' Advisory 
        Committee shall--
                    (A) serve without compensation; and
                    (B) be allowed travel expenses, including per diem 
                in lieu of subsistence, at rates authorized for an 
                employee of an agency under subchapter I of chapter 57 
                of title 5, United States Code (except by express 
                authorization of the Citizens' Advisory Committee in 
                any case in which the rates are inadequate to reimburse 
                a member not eligible for travel rates of the Federal 
                Government).
    (h) Reports.--
            (1) Duty of comptroller general of the united states.--Not 
        later than 3 years after the date of establishment of the 
        Citizens' Advisory Committee, and every 3 years thereafter, the 
        Comptroller General of the United States shall submit to the 
        President and the appropriate committees of Congress a report 
        that contains a description of, for the period covered by the 
        report, the operations and expenditures of the Citizens' 
        Advisory Committee in carrying out this section (including any 
        recommendation of the Comptroller General of the United 
        States).
            (2) Duty of citizens' advisory committee.--Not later than 2 
        years after the date of establishment of the Citizens' Advisory 
        Committee, and every 2 years thereafter, the Citizens' Advisory 
        Committee shall submit to the appropriate committees of 
        Congress a report that contains, for the period covered by the 
        report, a description of--
                    (A) the extent of achievement of safe operations in 
                the Gulf of oil and gas activities;
                    (B) unresolved problems and concerns with 
                operations, activities, and plans; and
                    (C) the operations and expenditures, needs, issues, 
                and recommendations of the Citizens' Advisory 
                Committee.

SEC. 9. SCIENTIFIC ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Scientific Advisory 
Committee to provide advice to the Council regarding the science behind 
the Plan and long-term monitoring and restoration of the Gulf coast 
ecosystem.
    (b) Membership.--The Scientific Advisory Committee shall be 
composed of 16 members, of whom--
            (1) 10 shall be voting members, of whom--
                    (A) with respect to the State of Alabama, 2 members 
                shall be appointed by the State, of whom--
                            (i) 1 shall be a scientist employed by an 
                        institution of higher education located in the 
                        State; and
                            (ii) 1 shall be a representative of the 
                        environmental protection or quality agency of 
                        the State;
                    (B) with respect to the State of Florida, 2 members 
                shall be appointed by the State, of whom--
                            (i) 1 shall be a scientist employed by an 
                        institution of higher education located in the 
                        State; and
                            (ii) 1 shall be a representative of the 
                        environmental protection or quality agency of 
                        the State;
                    (C) with respect to the State of Louisiana, 2 
                members shall be appointed by the State, of whom--
                            (i) 1 shall be a scientist employed by an 
                        institution of higher education located in the 
                        State; and
                            (ii) 1 shall be a representative of the 
                        environmental protection or quality agency of 
                        the State;
                    (D) with respect to the State of Mississippi, 2 
                members shall be appointed by the State, of whom--
                            (i) 1 shall be a scientist employed by an 
                        institution of higher education located in the 
                        State; and
                            (ii) 1 shall be a representative of the 
                        environmental protection or quality agency of 
                        the State; and
                    (E) with respect to the State of Texas, 2 members 
                shall be appointed by the State, of whom--
                            (i) 1 shall be a scientist employed by an 
                        institution of higher education located in the 
                        State; and
                            (ii) 1 shall be a representative of the 
                        environmental protection or quality agency of 
                        the State; and
            (2) 4 shall be nonvoting members, of whom--
                    (A) 1 member shall be appointed by the 
                Administrator of the National Oceanic and Atmospheric 
                Administration;
                    (B) 1 member shall be appointed by the 
                Administrator of the Environmental Protection Agency;
                    (C) 1 member shall be appointed by the Director of 
                the National Institute for Standards and Technology; 
                and
                    (D) 1 member shall be appointed by the Secretary of 
                the Interior.
    (c) Duties.--Not later than 2 years after the date of enactment of 
this Act, and biennially thereafter, the Scientific Advisory Committee 
shall prepare and submit to the Council a report that describes, for 
the period covered by the report, the science regarding--
            (1) impacts to the Gulf and Gulf coast from the Gulf oil 
        spill;
            (2) the progress of restoration activities for the Gulf and 
        Gulf coast; and
            (3) the implementation of the Plan.

SEC. 10. EFFECT ON OTHER LAW.

    Nothing in this section supersedes or otherwise affects any 
provision of Federal law, including, in particular, laws providing 
recovery for injury to natural resources under the Oil Pollution Act of 
1990 (33 U.S.C 2701 et. seq.).
                                 <all>
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