I 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gulf of Mexico Eco3 nomic and Environmental Restoration Act of 2010’’. 

4 SEC. 2. GULF OF MEXICO RECOVERY COUNCIL. 

5 (a) ESTABLISHMENT.—There is established the Gulf 

6 of Mexico Recovery Council. 

7 (b) MEMBERSHIP.—The Council shall consist of each 

8 member of the Gulf Coast Ecosystem Restoration Task 

9 Force established by Executive Order 13554 (75 Fed. 

10 Reg. 62313). 

11 (c) CHAIR.—The Chair of the Council shall be the 

12 member designated as the Chair of the Gulf Coast Eco13 system Restoration Task Force under Executive Order 

14 13554 (75 Fed. Reg. 62313). 

15 (d) DUTIES OF THE COUNCIL.—The Council shall— 

16 (1) establish guidelines for State comprehensive 

17 restoration plans under section 4(b); 

18 (2) approve or disapprove State comprehensive 

19 restoration plans under section 4(d); 

20 (3) distribute funds under section 4(e) to States 

21 that have State comprehensive restoration plans ap22 proved under section 4(d); 

23 (4) annually review State comprehensive res24 toration plans under section 4(e)(2); 

25 (5) establish a Gulf of Mexico Observation Sys26 tem under section 5; 


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1 (6) establish a Gulf of Mexico sea grant pro2 gram under section 6; 

3 (7) establish a Gulf of Mexico seafood mar4 keting program under section 7; 

5 (8) establish a Gulf of Mexico clean energy pro6 gram under section 8; 

7 (9) establish a Gulf coast-based working group 

8 that includes representatives of members of the 

9 Council and other local agencies and representatives 

10 as appropriate for the purposes of recommending, 

11 coordinating, and implementing policies, programs, 

12 activities, and projects to accomplish Gulf coast eco13 nomic development, ecosystem restoration, and pub14 lic health rehabilitation under this Act; 

15 (10) coordinate the sharing of scientific infor16 mation and other research associated with Gulf 

17 coast economic development, ecosystem restoration, 

18 and public health rehabilitation; and 

19 (11) submit an annual report to Congress 

20 under subsection (e). 

21 (e) REPORT.—Not later than September 30 of each 

22 year, the Council shall submit to Congress a report that 

23 summarizes the activities of the Council and the policies, 

24 plans, activities, and projects carried out under this Act. 


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1 (f) NONAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—The Federal Advisory Committee Act (5 

3 U.S.C. App.) shall not apply to the Council or the working 

4 group established under subsection (d)(9). 

5 SEC. 3. GULF OF MEXICO ECONOMIC AND ENVIRONMENTAL 

6 RECOVERY FUND. 

7 (a) ESTABLISHMENT.—There is established in the 

8 Treasury of the United States a fund to be known as the 

9 Gulf of Mexico Economic and Environmental Recovery 

10 Fund. 

11 (b) TRANSFERS TO FUND.—Notwithstanding any 

12 other provision of law, the Secretary of the Treasury shall 

13 deposit into the Fund amounts equal to not less than 80 

14 percent of any amounts collected by the United States be15 fore, on, or after the date of the enactment of this Act 

16 as penalties, settlements, or fines under sections 309 and 

17 311 of the Federal Water Pollution Control Act (33 

18 U.S.C. 1319, 1321) in relation to the Gulf oil spill. 

19 (c) AUTHORIZED USES.— 

20 (1) IN GENERAL.—The Fund shall be available 

21 to the Council, as provided in appropriations Acts, 

22 only for activities related to Gulf coast economic de23 velopment, ecosystem restoration, and public health 

24 rehabilitation in accordance with this Act. 

25 (2) GRANTS TO STATES.— 


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1 (A) IN GENERAL.—The Council shall dis2 tribute 80 percent of the amounts made avail3 able for expenditure from the Fund in a fiscal 

4 year to the Gulf States to be used to carry out 

5 their respective State comprehensive restoration 

6 plans approved by the Council under section 

7 4(d)(2), in accordance with section 4(e). 

8 (B) PROPORTIONAL DISTRIBUTION.—The 

9 Council shall allocate the amounts to be distrib10 uted to each Gulf State under this paragraph 

11 as follows: 

12 (i) 60 percent shall be allocated based 

13 on each Gulf State’s proportionate share of 

14 the length of Gulf coast shoreline in the 

15 Gulf States, as determined by the Council 

16 based on the most recently available data 

17 from, or accepted by, the Office of Coast 

18 Survey of the National Oceanic and At19 mospheric Administration. 

20 (ii) 40 percent shall be allocated based 

21 on each Gulf State’s proportionate share of 

22 the aggregate population of all counties 

23 contained in whole or in part within the 

24 designated Gulf coast boundaries of the 

25 Gulf States, as determined by the Council 


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1 based on the most recent United States 

2 census. 

3 (3) REGIONAL GRANTS.— 

4 (A) USE OF FUNDS.—The Council shall 

5 distribute the remaining 20 percent of the 

6 amounts made available for expenditure from 

7 the Fund in such fiscal year in the form of 

8 grants as follows: 

9 (i) 40 percent for the Gulf of Mexico 

10 Observation System established under sec11 tion 5. 

12 (ii) 15 percent for the Gulf of Mexico 

13 sea grant program established under sec14 tion 6. 

15 (iii) 15 percent for the Gulf of Mexico 

16 seafood marketing program established 

17 under section 7. 

18 (iv) 30 percent for the Gulf of Mexico 

19 clean energy program established under 

20 section 8. 

21 (B) CONSISTENCY WITH REGIONAL ECO22 SYSTEM RESTORATION STRATEGY.—The Coun23 cil shall ensure that any funds made available 

24 under this paragraph are used for projects and 

25 activities that are not inconsistent with the reVerDate Mar 15 2010 00:45 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6434.IH H6434

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1 gional ecosystem restoration strategy developed 

2 by the Gulf Coast Ecosystem Restoration Task 

3 Force established by Executive Order 13554 

4 (75 Fed. Reg. 62313). 

5 SEC. 4. STATE COMPREHENSIVE RESTORATION PLANS. 

6 (a) IN GENERAL.—In order to be eligible to receive 

7 funds under section 3(c)(2), a Gulf State shall submit to 

8 the Council a State comprehensive restoration plan re9 garding Gulf coast economic development, ecosystem res10 toration, and public health rehabilitation in the State, in 

11 accordance with this section. 

12 (b) GUIDELINES.— 

13 (1) IN GENERAL.—Not later than 60 days after 

14 the date of the enactment of this Act, and after pro15 viding notice and an opportunity for public com16 ment, the Council shall make available to the public 

17 guidelines for the development and submission of 

18 State comprehensive restoration plans under this 

19 section. 

20 (2) CONTENTS OF PLAN.— 

21 (A) IN GENERAL.—The Council shall re22 quire a State submitting a State comprehensive 

23 restoration plan under this section to ensure 

24 that the plan addresses the effects in the State 

25 of the Gulf oil spill with regards to the econVerDate Mar 15 2010 00:45 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6434.IH H6434

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1 omy, the environment, and public health, both 

2 physical and mental. 

3 (B) SPECIFIC ELEMENTS.—The Council 

4 shall require a State submitting a State com5 prehensive restoration plan under this section 

6 to ensure that the plan specifically addresses 

7 the following elements: 

8 (i) Environmental restoration and re9 mediation, including in coastal and marine 

10 ecosystems. 

11 (ii) Academic and applied research re12 garding the economy, environment, and 

13 public health. 

14 (iii) Seafood marketing. 

15 (iv) Tourism marketing. 

16 (v) Coastal land acquisition. 

17 (vi) Ecosystem resource planning and 

18 coastal and marine spatial planning (as 

19 that term is defined in Executive Order 

20 13547 (75 Fed. Reg. 43023)). 

21 (vii) Renewable and clean energy pro22 duction and development, energy conserva23 tion, and related retrofitting projects. 

24 (c) DEADLINE.—A State submitting to the Council 

25 a State comprehensive restoration plan under this section 


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1 shall do so not later than 90 days after the date on which 

2 the Council makes guidelines available to the public under 

3 subsection (b). 

4 (d) REVIEW, APPROVAL, AND DISAPPROVAL.— 

5 (1) REVIEW.—Not later than 30 days after a 

6 State submits to the Council a State comprehensive 

7 restoration plan under subsection (a), the Council 

8 shall review and either approve or disapprove the 

9 State comprehensive restoration plan in accordance 

10 with this subsection. 

11 (2) APPROVAL.—The Council may approve a 

12 State comprehensive restoration plan from a State 

13 under this subsection if the plan meets all of the re14 quirements of subsection (b) and the guidelines 

15 made available under such subsection. 

16 (3) DISAPPROVAL.—If the Council disapproves 

17 a State comprehensive restoration plan under this 

18 subsection— 

19 (A) the Council shall provide to the State 

20 the reasons for the disapproval; and 

21 (B) the State may submit a revised State 

22 comprehensive restoration plan not later than 

23 30 days after the date of such disapproval. 

24 (e) DISTRIBUTION OF FUNDS.— 


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1 (1) TIMELINE.—If the Council approves a State 

2 comprehensive restoration plan under subsection (d), 

3 the Council shall establish a timeline for distributing 

4 funds to the State under section 3(c)(2) and dis5 tribute the funds according to such timeline. 

6 (2) ANNUAL REVIEW.—Not later than Sep7 tember 30 of each year during which funds are dis8 tributed to a State for a State comprehensive res9 toration plan under section 3(c)(2), the Council shall 

10 conduct a review of the implementation of the plan. 

11 (3) WITHHOLDING OF FUNDS.—If the Council 

12 finds, based on an annual review conducted under 

13 paragraph (2), that a State is not fully imple14 menting its State comprehensive restoration plan or 

15 the implementation of such plan is not achieving its 

16 stated objectives, the Council may withhold funds 

17 that have not yet been distributed under the timeline 

18 established under paragraph (1). 

19 SEC. 5. GULF OF MEXICO OBSERVATION SYSTEM. 

20 (a) ESTABLISHMENT.—The Council shall establish a 

21 Gulf of Mexico Observation System to observe, monitor, 

22 and map the Gulf in a comprehensive manner in accord23 ance with this section. 

24 (b) ADMINISTRATION.— 


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1 (1) IN GENERAL.—The Gulf of Mexico Observa2 tion System established under subsection (a) shall be 

3 implemented through a Gulf of Mexico Exploration 

4 Research Center administered by an eligible entity 

5 chosen by the Council based on an application dem6 onstrating the ability of the eligible entity to carry 

7 out the requirements of this section. 

8 (2) GRANTS.—The Council shall make grants 

9 under section 3(c)(3)(A) to an eligible entity chosen 

10 under paragraph (1) for the administration of the 

11 Gulf of Mexico Exploration Research Center. 

12 (c) FACILITATION OF EXISTING TECHNOLOGIES.— 

13 An eligible entity administering the Gulf of Mexico Obser14 vation System under subsection (b) shall facilitate the use 

15 of existing technologies in order to quickly increase obser16 vation and monitoring capabilities in the Gulf, including 

17 facilitating— 

18 (1) enhancement of existing ocean-based moni19 toring systems, including satellite imagery, moorings 

20 and autonomous observation platforms, oceano21 graphic research vessels, subsurface sea floor map22 ping, coastal and wetland monitoring stations, 

23 robotic technology, computational modeling and fore24 casting, and vessels to support coastal monitoring 

25 and fishery assessment; 


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1 (2) enhancement of the existing land-based 

2 monitoring facilities through the acquisition, con3 struction, and development of laboratories, port in4 frastructure, equipment, and personnel that support, 

5 interface, communicate with, and provide integrated 

6 observation functions that supplement the ocean7 based monitoring system; 

8 (3) support of operational costs for staffing re9 lating to existing technologies; and 

10 (4) the development of academic programs fo11 cused on training in supportive fields, such as data 

12 assimilation, information synthesis and modeling, 

13 data visualization capabilities, and data management 

14 and analysis. 

15 (d) DEVELOPMENT OF NEW TECHNOLOGIES.—An el16 igible entity administering the Gulf of Mexico Observation 

17 System under subsection (b) shall facilitate the develop18 ment of new monitoring technologies. 

19 (e) SPECIFIC TECHNOLOGIES.— 

20 (1) DEPLOYMENT.—An eligible entity admin21 istering the Gulf of Mexico Observation System 

22 under subsection (b) shall deploy monitoring tech23 nologies, including the following: 

24 (A) Coastal sensor moorings. 

25 (B) Deep sea sensor moorings. 


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1 (C) Sea floor sensor moorings in deep 

2 water. 

3 (D) Sensor moorings on oil and gas plat4 forms and other structures. 

5 (E) Data transmission systems, including 

6 local- and regional-scale data nodes. 

7 (F) Research vessels for system deploy8 ment, system maintenance, and emergency re9 sponse. 

10 (G) Port facilities to support research ves11 sels, sensor moorings, and data transmission 

12 systems. 

13 (H) Sensor development and testing pro14 grams. 

15 (I) High-frequency radars to monitor phys16 ical properties of the surface water of the Gulf. 

17 (2) SUPPORT.—An eligible entity administering 

18 the Gulf of Mexico Observation System under sub19 section (b) shall support monitoring technologies, in20 cluding the following: 

21 (A) Autonomous underwater vehicles. 

22 (B) Satellite and acoustic tagging pro23 grams for migratory fishes, cetaceans, and sea 

24 turtles. 

25 (C) Computer modeling systems. 


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1 (f) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means an organization that— 

5 (A) is a consortium of public and private 

6 institutions of higher education in a Gulf State; 

7 (B) is formally established by a board of 

8 higher education in a Gulf State for the pur9 pose of collaborating on marine science re10 search; 

11 (C) has its operations physically located in 

12 the Gulf coast; and 

13 (D) demonstrates experience in carrying 

14 out the kinds of activities described in this sec15 tion and the ability to carry out the require16 ments of subsections (c), (d), and (e). 

17 (2) GULF.—The term ‘‘Gulf’’ means the sub18 merged lands of the Outer Continental Shelf of the 

19 United States, and the areas of the exclusive eco20 nomic zone of the United States, within the Gulf of 

21 Mexico, including the associated coastal watersheds, 

22 estuaries, beaches, and wetlands. 

23 (g) COORDINATION WITH NATIONAL INTEGRATED

24 COASTAL AND OCEAN OBSERVATION SYSTEM.—The 

25 Council shall ensure that the Gulf of Mexico Observation 


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1 System established under subsection (a) is developed in 

2 coordination with the National Integrated Coastal and 

3 Ocean Observation System established under section 

4 12304 of the Integrated Coastal and Ocean Observation 

5 System Act of 2009 (33 U.S.C. 3603). 

6 SEC. 6. GULF OF MEXICO SEA GRANT PROGRAM. 

7 (a) ESTABLISHMENT.—The Council shall establish a 

8 grant program to fund Gulf coast restoration projects car9 ried out by sea grant colleges or institutions, as designated 

10 under the National Sea Grant College Program Act (33 

11 U.S.C. 1121 et seq.), that are located in Gulf States. 

12 (b) APPLICATION.—In order to be eligible to receive 

13 a grant under this section, a sea grant college or institu14 tion located in a Gulf State shall submit to the Council 

15 an application describing the research on Gulf coast res16 toration activities to be carried out with funds made avail17 able through such grant, and how such research is con18 sistent with the purposes of both the National Sea Grant 

19 College Program and this Act. 

20 (c) REPORT.—A sea grant college or institution re21 ceiving a grant under this section shall submit an annual 

22 report to the Council containing such information as the 

23 Council may require. 


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1 SEC. 7. GULF OF MEXICO SEAFOOD MARKETING PROGRAM. 

2 (a) ESTABLISHMENT.—The Council shall establish a 

3 Gulf of Mexico seafood marketing program to be carried 

4 out in accordance with this section. 

5 (b) GULF OF MEXICO SEAFOOD MARKETING

6 BOARD.— 

7 (1) ESTABLISHMENT.—The Council shall estab8 lish a Gulf of Mexico Seafood Marketing Board in 

9 accordance with this subsection. 

10 (2) MEMBERS.— 

11 (A) IN GENERAL.—The Board shall consist 

12 of 13 members appointed by the Council to re13 flect the expertise and interests of the seafood 

14 industry located within the Gulf States. 

15 (B) SELECTION.— 

16 (i) SOLICITATION OF NOMINEES.— 

17 Not later than 30 days after the date of 

18 the enactment of this Act, the Council 

19 shall solicit from the Governors of the Gulf 

20 States nominations of individuals to be ap21 pointed as members. 

22 (ii) APPOINTMENT.—Not later than 

23 60 days after the date of the enactment of 

24 this Act, the Council shall appoint mem25 bers from among the individuals nominated 

26 under clause (i). 


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1 (C) REPRESENTATION.—The Council shall 

2 ensure that the members fairly reflect the sea3 food industry located within the Gulf States. 

4 The Board shall include the following: 

5 (i) 3 individuals with experience in the 

6 harvesting of seafood. 

7 (ii) 1 individual with experience in 

8 managing a large seafood processing oper9 ation. 

10 (iii) 1 individual with experience in 

11 managing a small seafood processing oper12 ation. 

13 (iv) 1 individual with experience in 

14 seafood-related transportation and logis15 tics. 

16 (v) 1 individual with experience in 

17 mass-market seafood distribution. 

18 (vi) 1 individual with experience in 

19 mass-market seafood retail or food service. 

20 (vii) 1 individual with experience in 

21 the marketing of seafood. 

22 (viii) 1 individual recommended by a 

23 Gulf coast region or State seafood mar24 keting organization. 


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1 (ix) 1 individual representing the 

2 aquaculture production of seafood. 

3 (x) 2 individuals representing the gen4 eral public who are familiar with the sea5 food industry as a whole. 

6 (D) TERMS.— 

7 (i) IN GENERAL.—Each member shall 

8 be appointed for a term of 3 years. 

9 (ii) TERM LIMIT.—No member may 

10 serve more than 3 consecutive terms. 

11 (iii) VACANCIES.—A vacancy on the 

12 Board shall not affect the ability of the 

13 Board to function. The Council shall ap14 point a new member in the manner in 

15 which the original appointment was made 

16 not later than 30 days after a vacancy oc17 curs to fill the unexpired term of the va18 cated member. 

19 (E) REMOVAL.—The Board may remove a 

20 member from office for failure to attend 3 con21 secutive Board meetings without reasonable ex22 cuse. 

23 (F) COMPENSATION.—Members shall serve 

24 without compensation, but shall be reimbursed 

25 in accordance with section 5703 of title 5, 


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1 United States Code, for reasonable travel costs 

2 and expenses incurred in performing their du3 ties as a member. 

4 (3) ADMINISTRATION.— 

5 (A) CHAIR.—The Board shall be chaired 

6 by a member selected by a majority of members 

7 voting. 

8 (B) QUORUM.—A simple majority of mem9 bers shall constitute a quorum, but a lesser 

10 number may hold hearings. 

11 (C) EXECUTIVE DIRECTOR.— 

12 (i) IN GENERAL.—The Board shall 

13 employ an executive director. 

14 (ii) SALARY LIMIT.—The salary of an 

15 executive director employed under clause 

16 (i) may not exceed the highest rate of basic 

17 pay established for the Senior Executive 

18 Service under section 5382 of title 5, 

19 United States Code. 

20 (iii) QUALIFICATIONS.—In order to be 

21 qualified to be employed as an executive di22 rector under clause (i), an individual must 

23 have demonstrated experience in the mar24 keting and promotion of food products. 


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1 (D) STAFF.—An executive director em2 ployed by the Board under subparagraph (C), 

3 with the approval of the Board, may select and 

4 employ such additional staff as the executive di5 rector determines necessary. 

6 (E) LIMITATION ON ADMINISTRATIVE EX7 PENSES.—Not more than 5 percent of the 

8 funds distributed by the Council to the Board 

9 each year may be used by the Board to pay its 

10 administrative expenses. 

11 (4) SEAFOOD MARKETING PLANS.— 

12 (A) IN GENERAL.—Not later than Sep13 tember 30 of each year, the Board shall submit 

14 to the Council a seafood marketing plan that 

15 describes the consumer education, research, and 

16 other marketing activities planned by the Board 

17 for the following year, including the selection 

18 procedures and criteria the Board plans to use 

19 for the awarding of grants. 

20 (B) PURPOSES.—The Board shall design a 

21 seafood marketing plan submitted under this 

22 paragraph for the purposes of— 

23 (i) increasing consumer demand for 

24 seafood; 


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1 (ii) encouraging, expanding, or im2 proving the marketing and utilization of 

3 seafood; and 

4 (iii) improving consumer education, 

5 research, and other marketing activities re6 garding seafood. 

7 (C) SPECIFIC MARKETING ACTIVITIES PER8 MITTED.—The Board may include in a seafood 

9 marketing plan submitted under this paragraph 

10 marketing activities that reference a particular 

11 brand or trade name. 

12 (D) REVIEW; APPROVAL; DISAPPROVAL.— 

13 (i) REVIEW.—Not later than 30 days 

14 after the Board submits to the Council a 

15 seafood marketing plan under this para16 graph, the Council shall review the mar17 keting plan and approve or disapprove the 

18 plan in accordance with this subparagraph. 

19 (ii) APPROVAL.—If the Council deter20 mines that the plan meets the require21 ments of this paragraph, the Council shall 

22 approve the plan and make a grant to the 

23 Board in accordance with section 

24 3(c)(3)(A). 


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1 (iii) DISAPPROVAL.—If the Council 

2 does not approve a plan under clause (ii)— 

3 (I) the Council shall provide to 

4 the Board the reasons for the dis5 approval; and 

6 (II) the Board shall submit a re7 vised plan not later than 30 days 

8 after the date of such disapproval. 

9 (5) GRANTS TO ORGANIZATIONS AND INDIVID10 UALS.— 

11 (A) IN GENERAL.—The Board shall make 

12 grants to organizations and individuals, subject 

13 to such terms and conditions as the Board may 

14 require and consistent with the purposes of this 

15 section and the marketing plan approved by the 

16 Council. 

17 (B) PROMOTION OF PARTNERSHIPS.—In 

18 making grants under this subsection, the Board 

19 shall promote cost-sharing partnerships with 

20 non-Federal entities and may limit grant 

21 amounts to a portion of the estimated cost of 

22 a project. 

23 (C) MATCHING FUNDS.—If the Board con24 ditions the making of a grant under this sub25 section on the availability of matching funds, 


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1 such matching funds may include funds from 

2 private sources, funds from State or local gov3 ernments, or the value of in-kind contributions. 

4 (D) DISTRIBUTION GOAL.—The Board 

5 shall seek to distribute not less than 10 percent 

6 of the funds it distributes under this subsection 

7 in a fiscal year through grants to minority8 owned businesses, veteran-owned businesses, 

9 and small businesses. 

10 (6) RECORDS.—The Board shall maintain ac11 counting records of the receipt and disbursement of 

12 all funds of the Board, which shall be subject to the 

13 review of the Council. 

14 (7) REPORT.—Not later than September 1 of 

15 each year, the Board shall submit to the Council a 

16 report detailing the expenditures of the Board dur17 ing the previous 12 months and the results of such 

18 expenditures. 

19 (c) REPORT.—Not later than September 30 of each 

20 year, the Council shall submit to Congress a report re21 garding the results of the operations of the Gulf of Mexico 

22 seafood marketing program. 

23 (d) DEFINITIONS.—In this section, the following defi24 nitions apply: 


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1 (1) BOARD.—The term ‘‘Board’’ means the 

2 Gulf of Mexico Seafood Marketing Board established 

3 by subsection (b)(1). 

4 (2) MEMBER.—The term ‘‘member’’ means a 

5 member of the Board. 

6 (3) MINORITY-OWNED BUSINESS.—The term 

7 ‘‘minority-owned business’’ means a business— 

8 (A) not less than 51 percent of which is 

9 owned by one or more socially and economically 

10 disadvantaged individuals or, in the case of any 

11 publicly owned business, not less than 51 per12 cent of the stock of which is owned by one or 

13 more socially and economically disadvantaged 

14 individuals; and 

15 (B) the management and daily business 

16 operations of which are controlled by one or 

17 more socially and economically disadvantaged 

18 individuals. 

19 (4) SEAFOOD.—The term ‘‘seafood’’ means 

20 farm-raised and wild-caught fish and shellfish har21 vested in the Gulf coast for human consumption. 

22 (5) SMALL BUSINESS.—The term ‘‘small busi23 ness’’ has the meaning given the term ‘‘small busi24 ness concern’’ in section 3 of the Small Business Act 

25 (15 U.S.C. 632). 


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1 (6) SOCIALLY AND ECONOMICALLY DISADVAN2 TAGED INDIVIDUAL.—The term ‘‘socially and eco3 nomically disadvantaged individual’’ means an indi4 vidual described as socially and economically dis5 advantaged in section 8(a) of the Small Business 

6 Act (15 U.S.C. 637(a)). 

7 (7) VETERAN.—The term ‘‘veteran’’ has the 

8 meaning given that term in section 101(2) of title 

9 38, United States Code. 

10 (8) VETERAN-OWNED BUSINESS.—The term 

11 ‘‘veteran-owned business’’ means a business— 

12 (A) not less than 51 percent of which is 

13 owned by one or more veterans or, in the case 

14 of any publicly owned business, not less than 51 

15 percent of the stock of which is owned by one 

16 or more veterans; and 

17 (B) the management and daily business 

18 operations of which are controlled by one or 

19 more veterans. 

20 SEC. 8. GULF OF MEXICO CLEAN ENERGY PROGRAM. 

21 (a) ESTABLISHMENT.—The Council shall establish a 

22 Gulf of Mexico clean energy program to make grants to 

23 eligible entities for qualified clean energy projects and 

24 qualified energy efficiency projects, in accordance with this 

25 section. 


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1 (b) APPLICATION.—In order to be eligible to receive 

2 a grant under this section, an eligible entity shall submit 

3 to the Council an application at such time, in such form, 

4 and containing such information as the Council may re5 quire. 

6 (c) REPORT.—An eligible entity receiving a grant 

7 under this section shall submit an annual report to the 

8 Council containing such information as the Council may 

9 require. 

10 (d) DEFINITIONS.—In this section, the following defi11 nitions apply: 

12 (1) CLEAN ENERGY PROJECT.—The term 

13 ‘‘clean energy project’’ means any electricity genera14 tion, transmission, storage, heating, cooling, indus15 trial process, or manufacturing project the primary 

16 purpose of which is the deployment, development, or 

17 production of an energy system or technology that 

18 avoids, reduces, or sequesters air pollutants or an19 thropogenic greenhouse gases, including projects 

20 based on the following energy technologies: 

21 (A) Solar. 

22 (B) Wind. 

23 (C) Geothermal. 

24 (D) Biomass. 

25 (E) Hydropower. 


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1 (F) Ocean. 

2 (G) Fuel cell. 

3 (H) Advanced battery. 

4 (I) Carbon capture and sequestration. 

5 (J) Next generation biofuels. 

6 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means a State or local government, an indi8 vidual, a nonprofit organization, or a private busi9 ness. 

10 (3) ENERGY EFFICIENCY PROJECT.—The term 

11 ‘‘energy efficiency project’’ means any project, tech12 nology, function, or measure that results in the re13 duction of energy use required to achieve the same 

14 level of service or output prior to the application of 

15 such project, technology, function, or measure, or 

16 substantially reduces greenhouse gas emissions rel17 ative to emissions that would have occurred prior to 

18 the application of such project, technology, function, 

19 or measure. 

20 (4) QUALIFIED CLEAN ENERGY PROJECT.—The 

21 term ‘‘qualified clean energy project’’ means a clean 

22 energy project that— 

23 (A) is carried out within a Gulf State; 

24 (B) pays wages in accordance with sub25 chapter IV of chapter 31 of title 40, United 


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1 States Code (commonly known as the Davis2 Bacon Act); and 

3 (C) satisfies any other conditions estab4 lished by the Council. 

5 (5) QUALIFIED ENERGY EFFICIENCY

6 PROJECT.—The term ‘‘qualified energy efficiency 

7 project’’ means an energy efficiency project, includ8 ing Smart Grid technologies and functions charac9 terized in section 1301 of the Energy Independence 

10 and Security Act of 2007 (42 U.S.C. 17381) and 

11 end-use technologies for efficiency gains in new con12 struction and across existing infrastructure, that— 

13 (A) is carried out within a Gulf State; 

14 (B) pays wages in accordance with sub15 chapter IV of chapter 31 of title 40, United 

16 States Code (commonly known as the Davis17 Bacon Act); and 

18 (C) satisfies any other conditions estab19 lished by the Council. 

20 SEC. 9. DEFINITIONS. 

21 In this Act, the following definitions apply: 

22 (1) FUND.—The term ‘‘Fund’’ means the Gulf 

23 of Mexico Economic and Environmental Recovery 

24 Fund established by section 3(a). 


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1 (2) COUNCIL.—The term ‘‘Council’’ means the 

2 Gulf of Mexico Recovery Council established by sec3 tion 2(a). 

4 (3) GULF COAST.—The term ‘‘Gulf coast’’ 

5 means the coastal zones, as determined pursuant to 

6 the Coastal Zone Management Act of 1972 (16 

7 U.S.C. 1451 et seq.), of the States of Alabama, 

8 Florida, Louisiana, and Mississippi and adjacent 

9 State waters and submerged lands of the Outer Con10 tinental Shelf in the Gulf of Mexico. 

11 (4) GULF STATES.—The term ‘‘Gulf States’’ 

12 means the States of Alabama, Florida, Louisiana, 

13 and Mississippi. 

14 (5) GULF OIL SPILL.—The term ‘‘Gulf oil spill’’ 

15 means the oil spill in the Gulf of Mexico caused by 

16 the mobile offshore drilling unit Deepwater Horizon 

17 that began on April 20, 2010. 

Æ 


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