I 

111TH CONGRESS 

2D SESSION H. R. 6112 

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 

SEPTEMBER 14, 2010 

Mr. SCALISE 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, and Mississippi. 

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, and Mississippi and 

19 adjacent State waters and areas of the outer Conti20 nental Shelf, adversely impacted by the blowout and 

21 explosion of the mobile offshore drilling unit Deep22 water Horizon that occurred on April 20, 2010, and 

23 resulting hydrocarbon releases into the environment. 

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

25 the Secretary of the Interior. 


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

2 State’’ means each of the States of Alabama, Flor3 ida, Louisiana, and Mississippi. 

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

5 means the Gulf Coast Ecosystem Restoration Task 

6 Force established by subsection (d). 

7 (b) GULF COAST ECOSYSTEM RESTORATION.— 

8 (1) IN GENERAL.—In accordance with this sec9 tion, the Chair shall review and approve or dis10 approve State Coastal Ecosystem Restoration Plans 

11 submitted by the Governors that provide for restora12 tion activities with respect to the Gulf Coast eco13 system. 

14 (2) GULF COAST ECOSYSTEM RESTORATION

15 FUND.— 

16 (A) ESTABLISHMENT.—There is estab17 lished in the Treasury of the United States a 

18 fund to be known as the ‘‘Gulf Coast Eco19 system Restoration Fund’’. 

20 (B) TRANSFERS TO FUND.—Notwith21 standing any other provision of law, the Sec22 retary of the Treasury shall deposit into the 

23 Fund amounts equal to not less than 80 per24 cent of any amounts collected by the United 

25 States as penalties, settlements, or fines under 


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1 sections 309 and 311 of the Federal Water Pol2 lution Control Act (33 U.S.C. 1319, 1321) in 

3 relation to the blowout and explosion of the mo4 bile offshore drilling unit Deepwater Horizon 

5 that occurred on April 20, 2010, and resulting 

6 hydrocarbon releases into the environment. 

7 (C) AUTHORIZED USES.—The Fund shall 

8 be available to the Chair for the conservation, 

9 protection, and restoration of the Gulf Coast 

10 ecosystem in accordance with State Coastal 

11 Ecosystem Restoration Plans submitted by the 

12 Governors and approved by the Chair under 

13 this section. 

14 (3) DISBURSEMENT.—The Chair shall disburse 

15 to each qualifying State for which the Chair has ap16 proved a State Coastal Ecosystem Restoration Plan 

17 under this section such funds as are allocated to the 

18 qualifying State under this section. 

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

20 qualifying State shall use all amounts received under 

21 this section, including any amount deposited in a 

22 trust fund that is administered by the State and 

23 dedicated to uses consistent with this section, in ac24 cordance with all applicable Federal and State law, 

25 only for 1 or more of the following purposes: 


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1 (A) Projects and activities for the con2 servation, protection, or restoration of coastal 

3 areas, including wetlands. 

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

5 or natural resources. 

6 (C) Planning assistance and the adminis7 trative costs of complying with this section. 

8 (D) Implementation of a federally ap9 proved marine, coastal, or comprehensive con10 servation management plan. 

11 (c) STATE COASTAL ECOSYSTEM RESTORATION

12 PLAN.— 

13 (1) SUBMISSION OF STATE PLANS.— 

14 (A) IN GENERAL.—Not later than July 1, 

15 2011, the Governor of a qualifying State shall 

16 submit to the Chair a State Coastal Ecosystem 

17 Restoration Plan. 

18 (B) PUBLIC PARTICIPATION.—In carrying 

19 out subparagraph (A), the Governor shall solicit 

20 local input and provide for public participation 

21 in the development of the plan. 

22 (2) APPROVAL.— 

23 (A) IN GENERAL.—The Chair must ap24 prove a plan of a qualifying State submitted 

25 under paragraph (1) before disbursing any 


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1 amount to the qualifying State under this sec2 tion. 

3 (B) REQUIRED COMPONENTS.—The Chair 

4 shall approve a plan submitted by a qualifying 

5 State under paragraph (1) if— 

6 (i) the Chair determines that the plan 

7 is consistent with the uses described in 

8 subsection (b); and 

9 (ii) the plan contains— 

10 (I) the name of the State agency 

11 that will have the authority to rep12 resent and act on behalf of the State 

13 in dealing with the Secretary for pur14 poses of this section; 

15 (II) a program for the implemen16 tation of the plan that describes how 

17 the amounts provided under this sec18 tion to the qualifying State will be 

19 used; and 

20 (III) a certification by the Gov21 ernor that ample opportunity has been 

22 provided for public participation in 

23 the development and revision of the 

24 plan. 


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

2 submitted under paragraph (1) shall be— 

3 (A) developed in accordance with this sub4 section; and 

5 (B) submitted to the Chair for approval or 

6 disapproval under paragraph (4). 

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

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

9 is submitted under paragraph (1) or (3), respec10 tively, the Chair shall approve or disapprove the plan 

11 or amendment. 

12 (d) GULF COAST ECOSYSTEM RESTORATION TASK

13 FORCE.— 

14 (1) ESTABLISHMENT.—There is established the 

15 Gulf Coast Ecosystem Restoration Task Force. 

16 (2) MEMBERSHIP.—The Task Force shall con17 sist of the following members, or in the case of a 

18 Federal agency, a designee at the level of Assistant 

19 Secretary or the equivalent: 

20 (A) The Secretary. 

21 (B) The Secretary of Commerce. 

22 (C) The Secretary of the Army. 

23 (D) The Attorney General. 

24 (E) The Secretary of Homeland Security. 


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1 (F) The Administrator of the Environ2 mental Protection Agency. 

3 (G) The Commandant of the Coast Guard. 

4 (H) The Secretary of Transportation. 

5 (I) The Secretary of Agriculture. 

6 (J) A representative of each affected In7 dian tribe, appointed by the Secretary based on 

8 the recommendations of the tribal chairman. 

9 (K) Two representatives of each of the 

10 States of Alabama, Florida, Louisiana, and 

11 Mississippi, appointed by the Governor of each 

12 State, respectively. 

13 (L) Two representatives of local govern14 ment within each of the States of Alabama, 

15 Florida, Louisiana, and Mississippi, appointed 

16 by the Governor of each State, respectively. 

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

18 be appointed by the President from among the mem19 bers under paragraph (2) who are Federal officials. 

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

21 Force shall— 

22 (A) consult with, and provide recommenda23 tions to, the Chair regarding the approval of 

24 State Coastal Ecosystem Restoration Plans; 


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1 (B) coordinate scientific and other re2 search associated with restoration of the Gulf 

3 Coast ecosystem; and 

4 (C) submit an annual report to Congress 

5 that summarizes the State Coastal Ecosystem 

6 Restoration Plans submitted by the Governors 

7 and approved by the Chair. 

8 (5) APPLICATION OF THE FEDERAL ADVISORY

9 COMMITTEE ACT.—The Task Force shall not be con10 sidered an advisory committee under the Federal 

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

Æ 


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