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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6434 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6434

To establish programs to aid in the economic, environmental, and public 
 health recovery of the Gulf States from the damage and harm caused by 
the blowout of the mobile offshore drilling unit Deepwater Horizon and 
    the resulting degradation of the Gulf over time, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2010

Ms. Castor of Florida introduced the following bill; which was referred 
     to the Committee on Natural Resources, and in addition to the 
 Committees on Transportation and Infrastructure, Energy and Commerce, 
and Science and Technology, 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 establish programs to aid in the economic, environmental, and public 
 health recovery of the Gulf States from the damage and harm caused by 
the blowout of the mobile offshore drilling unit Deepwater Horizon and 
    the resulting degradation of the Gulf over time, 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 ``Gulf of Mexico Economic and 
Environmental Restoration Act of 2010''.

SEC. 2. GULF OF MEXICO RECOVERY COUNCIL.

    (a) Establishment.--There is established the Gulf of Mexico 
Recovery Council.
    (b) Membership.--The Council shall consist of each member of the 
Gulf Coast Ecosystem Restoration Task Force established by Executive 
Order 13554 (75 Fed. Reg. 62313).
    (c) Chair.--The Chair of the Council shall be the member designated 
as the Chair of the Gulf Coast Ecosystem Restoration Task Force under 
Executive Order 13554 (75 Fed. Reg. 62313).
    (d) Duties of the Council.--The Council shall--
            (1) establish guidelines for State comprehensive 
        restoration plans under section 4(b);
            (2) approve or disapprove State comprehensive restoration 
        plans under section 4(d);
            (3) distribute funds under section 4(e) to States that have 
        State comprehensive restoration plans approved under section 
        4(d);
            (4) annually review State comprehensive restoration plans 
        under section 4(e)(2);
            (5) establish a Gulf of Mexico Observation System under 
        section 5;
            (6) establish a Gulf of Mexico sea grant program under 
        section 6;
            (7) establish a Gulf of Mexico seafood marketing program 
        under section 7;
            (8) establish a Gulf of Mexico clean energy program under 
        section 8;
            (9) establish a Gulf coast-based working group that 
        includes representatives of members of the Council and other 
        local agencies and representatives as appropriate for the 
        purposes of recommending, coordinating, and implementing 
        policies, programs, activities, and projects to accomplish Gulf 
        coast economic development, ecosystem restoration, and public 
        health rehabilitation under this Act;
            (10) coordinate the sharing of scientific information and 
        other research associated with Gulf coast economic development, 
        ecosystem restoration, and public health rehabilitation; and
            (11) submit an annual report to Congress under subsection 
        (e).
    (e) Report.--Not later than September 30 of each year, the Council 
shall submit to Congress a report that summarizes the activities of the 
Council and the policies, plans, activities, and projects carried out 
under this Act.
    (f) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Council or the working group established under subsection (d)(9).

SEC. 3. GULF OF MEXICO ECONOMIC AND ENVIRONMENTAL RECOVERY FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the Gulf of Mexico Economic and 
Environmental Recovery Fund.
    (b) Transfers to Fund.--Notwithstanding any other provision of law, 
the Secretary of the Treasury shall deposit into the Fund amounts equal 
to not less than 80 percent of any amounts collected by the United 
States before, on, or after the date of the 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.--
            (1) In general.--The Fund shall be available to the 
        Council, as provided in appropriations Acts, only for 
        activities related to Gulf coast economic development, 
        ecosystem restoration, and public health rehabilitation in 
        accordance with this Act.
            (2) Grants to states.--
                    (A) In general.--The Council shall distribute 80 
                percent of the amounts made available for expenditure 
                from the Fund in a fiscal year to the Gulf States to be 
                used to carry out their respective State comprehensive 
                restoration plans approved by the Council under section 
                4(d)(2), in accordance with section 4(e).
                    (B) Proportional distribution.--The Council shall 
                allocate the amounts to be distributed to each Gulf 
                State under this paragraph as follows:
                            (i) 60 percent shall be allocated based on 
                        each Gulf State's proportionate share of the 
                        length of Gulf coast shoreline in the Gulf 
                        States, 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.
                            (ii) 40 percent shall be allocated based on 
                        each Gulf State's proportionate share of the 
                        aggregate population of all counties contained 
                        in whole or in part within the designated Gulf 
                        coast boundaries of the Gulf States, as 
                        determined by the Council based on the most 
                        recent United States census.
            (3) Regional grants.--
                    (A) Use of funds.--The Council shall distribute the 
                remaining 20 percent of the amounts made available for 
                expenditure from the Fund in such fiscal year in the 
                form of grants as follows:
                            (i) 40 percent for the Gulf of Mexico 
                        Observation System established under section 5.
                            (ii) 15 percent for the Gulf of Mexico sea 
                        grant program established under section 6.
                            (iii) 15 percent for the Gulf of Mexico 
                        seafood marketing program established under 
                        section 7.
                            (iv) 30 percent for the Gulf of Mexico 
                        clean energy program established under section 
                        8.
                    (B) Consistency with regional ecosystem restoration 
                strategy.--The Council shall ensure that any funds made 
                available under this paragraph are used for projects 
                and activities that are not inconsistent with the 
                regional ecosystem restoration strategy developed by 
                the Gulf Coast Ecosystem Restoration Task Force 
                established by Executive Order 13554 (75 Fed. Reg. 
                62313).

SEC. 4. STATE COMPREHENSIVE RESTORATION PLANS.

    (a) In General.--In order to be eligible to receive funds under 
section 3(c)(2), a Gulf State shall submit to the Council a State 
comprehensive restoration plan regarding Gulf coast economic 
development, ecosystem restoration, and public health rehabilitation in 
the State, in accordance with this section.
    (b) Guidelines.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, and after providing notice and an 
        opportunity for public comment, the Council shall make 
        available to the public guidelines for the development and 
        submission of State comprehensive restoration plans under this 
        section.
            (2) Contents of plan.--
                    (A) In general.--The Council shall require a State 
                submitting a State comprehensive restoration plan under 
                this section to ensure that the plan addresses the 
                effects in the State of the Gulf oil spill with regards 
                to the economy, the environment, and public health, 
                both physical and mental.
                    (B) Specific elements.--The Council shall require a 
                State submitting a State comprehensive restoration plan 
                under this section to ensure that the plan specifically 
                addresses the following elements:
                            (i) Environmental restoration and 
                        remediation, including in coastal and marine 
                        ecosystems.
                            (ii) Academic and applied research 
                        regarding the economy, environment, and public 
                        health.
                            (iii) Seafood marketing.
                            (iv) Tourism marketing.
                            (v) Coastal land acquisition.
                            (vi) Ecosystem resource planning and 
                        coastal and marine spatial planning (as that 
                        term is defined in Executive Order 13547 (75 
                        Fed. Reg. 43023)).
                            (vii) Renewable and clean energy production 
                        and development, energy conservation, and 
                        related retrofitting projects.
    (c) Deadline.--A State submitting to the Council a State 
comprehensive restoration plan under this section shall do so not later 
than 90 days after the date on which the Council makes guidelines 
available to the public under subsection (b).
    (d) Review, Approval, and Disapproval.--
            (1) Review.--Not later than 30 days after a State submits 
        to the Council a State comprehensive restoration plan under 
        subsection (a), the Council shall review and either approve or 
        disapprove the State comprehensive restoration plan in 
        accordance with this subsection.
            (2) Approval.--The Council may approve a State 
        comprehensive restoration plan from a State under this 
        subsection if the plan meets all of the requirements of 
        subsection (b) and the guidelines made available under such 
        subsection.
            (3) Disapproval.--If the Council disapproves a State 
        comprehensive restoration plan under this subsection--
                    (A) the Council shall provide to the State the 
                reasons for the disapproval; and
                    (B) the State may submit a revised State 
                comprehensive restoration plan not later than 30 days 
                after the date of such disapproval.
    (e) Distribution of Funds.--
            (1) Timeline.--If the Council approves a State 
        comprehensive restoration plan under subsection (d), the 
        Council shall establish a timeline for distributing funds to 
        the State under section 3(c)(2) and distribute the funds 
        according to such timeline.
            (2) Annual review.--Not later than September 30 of each 
        year during which funds are distributed to a State for a State 
        comprehensive restoration plan under section 3(c)(2), the 
        Council shall conduct a review of the implementation of the 
        plan.
            (3) Withholding of funds.--If the Council finds, based on 
        an annual review conducted under paragraph (2), that a State is 
        not fully implementing its State comprehensive restoration plan 
        or the implementation of such plan is not achieving its stated 
        objectives, the Council may withhold funds that have not yet 
        been distributed under the timeline established under paragraph 
        (1).

SEC. 5. GULF OF MEXICO OBSERVATION SYSTEM.

    (a) Establishment.--The Council shall establish a Gulf of Mexico 
Observation System to observe, monitor, and map the Gulf in a 
comprehensive manner in accordance with this section.
    (b) Administration.--
            (1) In general.--The Gulf of Mexico Observation System 
        established under subsection (a) shall be implemented through a 
        Gulf of Mexico Exploration Research Center administered by an 
        eligible entity chosen by the Council based on an application 
        demonstrating the ability of the eligible entity to carry out 
        the requirements of this section.
            (2) Grants.--The Council shall make grants under section 
        3(c)(3)(A) to an eligible entity chosen under paragraph (1) for 
        the administration of the Gulf of Mexico Exploration Research 
        Center.
    (c) Facilitation of Existing Technologies.--An eligible entity 
administering the Gulf of Mexico Observation System under subsection 
(b) shall facilitate the use of existing technologies in order to 
quickly increase observation and monitoring capabilities in the Gulf, 
including facilitating--
            (1) enhancement of existing ocean-based monitoring systems, 
        including satellite imagery, moorings and autonomous 
        observation platforms, oceanographic research vessels, 
        subsurface sea floor mapping, coastal and wetland monitoring 
        stations, robotic technology, computational modeling and 
        forecasting, and vessels to support coastal monitoring and 
        fishery assessment;
            (2) enhancement of the existing land-based monitoring 
        facilities through the acquisition, construction, and 
        development of laboratories, port infrastructure, equipment, 
        and personnel that support, interface, communicate with, and 
        provide integrated observation functions that supplement the 
        ocean-based monitoring system;
            (3) support of operational costs for staffing relating to 
        existing technologies; and
            (4) the development of academic programs focused on 
        training in supportive fields, such as data assimilation, 
        information synthesis and modeling, data visualization 
        capabilities, and data management and analysis.
    (d) Development of New Technologies.--An eligible entity 
administering the Gulf of Mexico Observation System under subsection 
(b) shall facilitate the development of new monitoring technologies.
    (e) Specific Technologies.--
            (1) Deployment.--An eligible entity administering the Gulf 
        of Mexico Observation System under subsection (b) shall deploy 
        monitoring technologies, including the following:
                    (A) Coastal sensor moorings.
                    (B) Deep sea sensor moorings.
                    (C) Sea floor sensor moorings in deep water.
                    (D) Sensor moorings on oil and gas platforms and 
                other structures.
                    (E) Data transmission systems, including local- and 
                regional-scale data nodes.
                    (F) Research vessels for system deployment, system 
                maintenance, and emergency response.
                    (G) Port facilities to support research vessels, 
                sensor moorings, and data transmission systems.
                    (H) Sensor development and testing programs.
                    (I) High-frequency radars to monitor physical 
                properties of the surface water of the Gulf.
            (2) Support.--An eligible entity administering the Gulf of 
        Mexico Observation System under subsection (b) shall support 
        monitoring technologies, including the following:
                    (A) Autonomous underwater vehicles.
                    (B) Satellite and acoustic tagging programs for 
                migratory fishes, cetaceans, and sea turtles.
                    (C) Computer modeling systems.
    (f) Definitions.--In this section, the following definitions apply:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        organization that--
                    (A) is a consortium of 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) has its operations physically located in the 
                Gulf coast; and
                    (D) demonstrates experience in carrying out the 
                kinds of activities described in this section and the 
                ability to carry out the requirements of subsections 
                (c), (d), and (e).
            (2) Gulf.--The term ``Gulf'' means the submerged lands of 
        the Outer Continental Shelf of the United States, and the areas 
        of the exclusive economic zone of the United States, within the 
        Gulf of Mexico, including the associated coastal watersheds, 
        estuaries, beaches, and wetlands.
    (g) Coordination With National Integrated Coastal and Ocean 
Observation System.--The Council shall ensure that the Gulf of Mexico 
Observation System established under subsection (a) is developed in 
coordination with the National Integrated Coastal and Ocean Observation 
System established under section 12304 of the Integrated Coastal and 
Ocean Observation System Act of 2009 (33 U.S.C. 3603).

SEC. 6. GULF OF MEXICO SEA GRANT PROGRAM.

    (a) Establishment.--The Council shall establish a grant program to 
fund Gulf coast restoration projects carried out by sea grant colleges 
or institutions, as designated under the National Sea Grant College 
Program Act (33 U.S.C. 1121 et seq.), that are located in Gulf States.
    (b) Application.--In order to be eligible to receive a grant under 
this section, a sea grant college or institution located in a Gulf 
State shall submit to the Council an application describing the 
research on Gulf coast restoration activities to be carried out with 
funds made available through such grant, and how such research is 
consistent with the purposes of both the National Sea Grant College 
Program and this Act.
    (c) Report.--A sea grant college or institution receiving a grant 
under this section shall submit an annual report to the Council 
containing such information as the Council may require.

SEC. 7. GULF OF MEXICO SEAFOOD MARKETING PROGRAM.

    (a) Establishment.--The Council shall establish a Gulf of Mexico 
seafood marketing program to be carried out in accordance with this 
section.
    (b) Gulf of Mexico Seafood Marketing Board.--
            (1) Establishment.--The Council shall establish a Gulf of 
        Mexico Seafood Marketing Board in accordance with this 
        subsection.
            (2) Members.--
                    (A) In general.--The Board shall consist of 13 
                members appointed by the Council to reflect the 
                expertise and interests of the seafood industry located 
                within the Gulf States.
                    (B) Selection.--
                            (i) Solicitation of nominees.--Not later 
                        than 30 days after the date of the enactment of 
                        this Act, the Council shall solicit from the 
                        Governors of the Gulf States nominations of 
                        individuals to be appointed as members.
                            (ii) Appointment.--Not later than 60 days 
                        after the date of the enactment of this Act, 
                        the Council shall appoint members from among 
                        the individuals nominated under clause (i).
                    (C) Representation.--The Council shall ensure that 
                the members fairly reflect the seafood industry located 
                within the Gulf States. The Board shall include the 
                following:
                            (i) 3 individuals with experience in the 
                        harvesting of seafood.
                            (ii) 1 individual with experience in 
                        managing a large seafood processing operation.
                            (iii) 1 individual with experience in 
                        managing a small seafood processing operation.
                            (iv) 1 individual with experience in 
                        seafood-related transportation and logistics.
                            (v) 1 individual with experience in mass-
                        market seafood distribution.
                            (vi) 1 individual with experience in mass-
                        market seafood retail or food service.
                            (vii) 1 individual with experience in the 
                        marketing of seafood.
                            (viii) 1 individual recommended by a Gulf 
                        coast region or State seafood marketing 
                        organization.
                            (ix) 1 individual representing the 
                        aquaculture production of seafood.
                            (x) 2 individuals representing the general 
                        public who are familiar with the seafood 
                        industry as a whole.
                    (D) Terms.--
                            (i) In general.--Each member shall be 
                        appointed for a term of 3 years.
                            (ii) Term limit.--No member may serve more 
                        than 3 consecutive terms.
                            (iii) Vacancies.--A vacancy on the Board 
                        shall not affect the ability of the Board to 
                        function. The Council shall appoint a new 
                        member in the manner in which the original 
                        appointment was made not later than 30 days 
                        after a vacancy occurs to fill the unexpired 
                        term of the vacated member.
                    (E) Removal.--The Board may remove a member from 
                office for failure to attend 3 consecutive Board 
                meetings without reasonable excuse.
                    (F) Compensation.--Members shall serve without 
                compensation, but shall be reimbursed in accordance 
                with section 5703 of title 5, United States Code, for 
                reasonable travel costs and expenses incurred in 
                performing their duties as a member.
            (3) Administration.--
                    (A) Chair.--The Board shall be chaired by a member 
                selected by a majority of members voting.
                    (B) Quorum.--A simple majority of members shall 
                constitute a quorum, but a lesser number may hold 
                hearings.
                    (C) Executive director.--
                            (i) In general.--The Board shall employ an 
                        executive director.
                            (ii) Salary limit.--The salary of an 
                        executive director employed under clause (i) 
                        may not exceed the highest rate of basic pay 
                        established for the Senior Executive Service 
                        under section 5382 of title 5, United States 
                        Code.
                            (iii) Qualifications.--In order to be 
                        qualified to be employed as an executive 
                        director under clause (i), an individual must 
                        have demonstrated experience in the marketing 
                        and promotion of food products.
                    (D) Staff.--An executive director employed by the 
                Board under subparagraph (C), with the approval of the 
                Board, may select and employ such additional staff as 
                the executive director determines necessary.
                    (E) Limitation on administrative expenses.--Not 
                more than 5 percent of the funds distributed by the 
                Council to the Board each year may be used by the Board 
                to pay its administrative expenses.
            (4) Seafood marketing plans.--
                    (A) In general.--Not later than September 30 of 
                each year, the Board shall submit to the Council a 
                seafood marketing plan that describes the consumer 
                education, research, and other marketing activities 
                planned by the Board for the following year, including 
                the selection procedures and criteria the Board plans 
                to use for the awarding of grants.
                    (B) Purposes.--The Board shall design a seafood 
                marketing plan submitted under this paragraph for the 
                purposes of--
                            (i) increasing consumer demand for seafood;
                            (ii) encouraging, expanding, or improving 
                        the marketing and utilization of seafood; and
                            (iii) improving consumer education, 
                        research, and other marketing activities 
                        regarding seafood.
                    (C) Specific marketing activities permitted.--The 
                Board may include in a seafood marketing plan submitted 
                under this paragraph marketing activities that 
                reference a particular brand or trade name.
                    (D) Review; approval; disapproval.--
                            (i) Review.--Not later than 30 days after 
                        the Board submits to the Council a seafood 
                        marketing plan under this paragraph, the 
                        Council shall review the marketing plan and 
                        approve or disapprove the plan in accordance 
                        with this subparagraph.
                            (ii) Approval.--If the Council determines 
                        that the plan meets the requirements of this 
                        paragraph, the Council shall approve the plan 
                        and make a grant to the Board in accordance 
                        with section 3(c)(3)(A).
                            (iii) Disapproval.--If the Council does not 
                        approve a plan under clause (ii)--
                                    (I) the Council shall provide to 
                                the Board the reasons for the 
                                disapproval; and
                                    (II) the Board shall submit a 
                                revised plan not later than 30 days 
                                after the date of such disapproval.
            (5) Grants to organizations and individuals.--
                    (A) In general.--The Board shall make grants to 
                organizations and individuals, subject to such terms 
                and conditions as the Board may require and consistent 
                with the purposes of this section and the marketing 
                plan approved by the Council.
                    (B) Promotion of partnerships.--In making grants 
                under this subsection, the Board shall promote cost-
                sharing partnerships with non-Federal entities and may 
                limit grant amounts to a portion of the estimated cost 
                of a project.
                    (C) Matching funds.--If the Board conditions the 
                making of a grant under this subsection on the 
                availability of matching funds, such matching funds may 
                include funds from private sources, funds from State or 
                local governments, or the value of in-kind 
                contributions.
                    (D) Distribution goal.--The Board shall seek to 
                distribute not less than 10 percent of the funds it 
                distributes under this subsection in a fiscal year 
                through grants to minority-owned businesses, veteran-
                owned businesses, and small businesses.
            (6) Records.--The Board shall maintain accounting records 
        of the receipt and disbursement of all funds of the Board, 
        which shall be subject to the review of the Council.
            (7) Report.--Not later than September 1 of each year, the 
        Board shall submit to the Council a report detailing the 
        expenditures of the Board during the previous 12 months and the 
        results of such expenditures.
    (c) Report.--Not later than September 30 of each year, the Council 
shall submit to Congress a report regarding the results of the 
operations of the Gulf of Mexico seafood marketing program.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Board.--The term ``Board'' means the Gulf of Mexico 
        Seafood Marketing Board established by subsection (b)(1).
            (2) Member.--The term ``member'' means a member of the 
        Board.
            (3) Minority-owned business.--The term ``minority-owned 
        business'' means a business--
                    (A) not less than 51 percent of which is owned by 
                one or more socially and economically disadvantaged 
                individuals or, in the case of any publicly owned 
                business, not less than 51 percent of the stock of 
                which is owned by one or more socially and economically 
                disadvantaged individuals; and
                    (B) the management and daily business operations of 
                which are controlled by one or more socially and 
                economically disadvantaged individuals.
            (4) Seafood.--The term ``seafood'' means farm-raised and 
        wild-caught fish and shellfish harvested in the Gulf coast for 
        human consumption.
            (5) Small business.--The term ``small business'' has the 
        meaning given the term ``small business concern'' in section 3 
        of the Small Business Act (15 U.S.C. 632).
            (6) Socially and economically disadvantaged individual.--
        The term ``socially and economically disadvantaged individual'' 
        means an individual described as socially and economically 
        disadvantaged in section 8(a) of the Small Business Act (15 
        U.S.C. 637(a)).
            (7) Veteran.--The term ``veteran'' has the meaning given 
        that term in section 101(2) of title 38, United States Code.
            (8) Veteran-owned business.--The term ``veteran-owned 
        business'' means a business--
                    (A) not less than 51 percent of which is owned by 
                one or more veterans or, in the case of any publicly 
                owned business, not less than 51 percent of the stock 
                of which is owned by one or more veterans; and
                    (B) the management and daily business operations of 
                which are controlled by one or more veterans.

SEC. 8. GULF OF MEXICO CLEAN ENERGY PROGRAM.

    (a) Establishment.--The Council shall establish a Gulf of Mexico 
clean energy program to make grants to eligible entities for qualified 
clean energy projects and qualified energy efficiency projects, in 
accordance with this section.
    (b) Application.--In order to be eligible to receive a grant under 
this section, an eligible entity shall submit to the Council an 
application at such time, in such form, and containing such information 
as the Council may require.
    (c) Report.--An eligible entity receiving a grant under this 
section shall submit an annual report to the Council containing such 
information as the Council may require.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Clean energy project.--The term ``clean energy 
        project'' 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, including projects based on the 
        following energy technologies:
                    (A) Solar.
                    (B) Wind.
                    (C) Geothermal.
                    (D) Biomass.
                    (E) Hydropower.
                    (F) Ocean.
                    (G) Fuel cell.
                    (H) Advanced battery.
                    (I) Carbon capture and sequestration.
                    (J) Next generation biofuels.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State or local government, an individual, a nonprofit 
        organization, or a private business.
            (3) Energy efficiency project.--The term ``energy 
        efficiency project'' means any project, technology, function, 
        or measure that results in the reduction of energy use required 
        to achieve the same level of service or output prior to the 
        application of such project, technology, function, or measure, 
        or substantially reduces greenhouse gas emissions relative to 
        emissions that would have occurred prior to the application of 
        such project, technology, function, or measure.
            (4) Qualified clean energy project.--The term ``qualified 
        clean energy project'' means a clean energy project that--
                    (A) is carried out within a Gulf State;
                    (B) pays wages in accordance with subchapter IV of 
                chapter 31 of title 40, United States Code (commonly 
                known as the Davis-Bacon Act); and
                    (C) satisfies any other conditions established by 
                the Council.
            (5) Qualified energy efficiency project.--The term 
        ``qualified energy efficiency project'' means an energy 
        efficiency project, including Smart Grid technologies and 
        functions characterized in section 1301 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17381) and 
        end-use technologies for efficiency gains in new construction 
        and across existing infrastructure, that--
                    (A) is carried out within a Gulf State;
                    (B) pays wages in accordance with subchapter IV of 
                chapter 31 of title 40, United States Code (commonly 
                known as the Davis-Bacon Act); and
                    (C) satisfies any other conditions established by 
                the Council.

SEC. 9. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Fund.--The term ``Fund'' means the Gulf of Mexico 
        Economic and Environmental Recovery Fund established by section 
        3(a).
            (2) Council.--The term ``Council'' means the Gulf of Mexico 
        Recovery Council established by section 2(a).
            (3) Gulf coast.--The term ``Gulf coast'' means the coastal 
        zones, as determined pursuant to the Coastal Zone Management 
        Act of 1972 (16 U.S.C. 1451 et seq.), of the States of Alabama, 
        Florida, Louisiana, and Mississippi and adjacent State waters 
        and submerged lands of the Outer Continental Shelf in the Gulf 
        of Mexico.
            (4) Gulf states.--The term ``Gulf States'' means the States 
        of Alabama, Florida, Louisiana, and Mississippi.
            (5) Gulf oil spill.--The term ``Gulf oil spill'' means the 
        oil spill in the Gulf of Mexico caused by the mobile offshore 
        drilling unit Deepwater Horizon that began on April 20, 2010.
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