II 

110TH CONGRESS 

2D SESSION S. 3558 

To amend the Federal Water Pollution Control Act to expand and strengthen 

cooperative efforts to monitor, restore, and protect the resource productivity, water quality, and marine ecosystems of the Gulf of Mexico. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Mr. WICKER (for himself and Mr. COCHRAN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to expand 

and strengthen cooperative efforts to monitor, restore, 

and protect the resource productivity, water quality, and 

marine ecosystems of the Gulf of Mexico. 

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 of Mexico Res5 toration and Protection Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) the Gulf of Mexico is a valuable resource of 

2 national and international importance, continuously 

3 serving the people of the United States and other 

4 countries as an important source of food, economic 

5 productivity, recreation, beauty, and enjoyment; 

6 (2) over many years, the resource productivity 

7 and water quality of the Gulf of Mexico and its wa8 tershed have been diminished by point and nonpoint 

9 source pollution; 

10 (3) the United States should seek to attain the 

11 protection and restoration of the Gulf of Mexico eco12 system as a collaborative regional goal of the Gulf 

13 of Mexico Program; and 

14 (4) the Administrator of the Environmental 

15 Protection Agency, in consultation with other Fed16 eral agencies and State and local authorities, should 

17 coordinate the effort to meet those goals. 

18 (b) PURPOSES.—The purposes of this Act are— 

19 (1) to expand and strengthen cooperative ef20 forts to restore and protect the Gulf of Mexico; 

21 (2) to expand Federal support for monitoring, 

22 management, and restoration activities in the Gulf 

23 of Mexico and its watershed; 

24 (3) to commit the United States to a com25 prehensive cooperative program to achieve improved 


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1 water quality in, and improvements in the produc2 tivity of living resources of, the Gulf of Mexico; and 

3 (4) to establish a Gulf of Mexico Program to 

4 serve as a national and international model for the 

5 collaborative management of large marine eco6 systems. 

7 SEC. 3. GULF OF MEXICO RESTORATION AND PROTECTION. 

8 Title I of the Federal Water Pollution Control Act 

9 (33 U.S.C. 1251 et seq.) is amended— 

10 (1) by redesignating the second section 121 (33 

11 U.S.C. 1274) (relating to wet weather watershed 

12 pilot projects) as section 122; and 

13 (2) by inserting after section 122 (as des14 ignated by paragraph (1)) the following: 

15 ‘‘SEC. 123. GULF OF MEXICO RESTORATION AND PROTEC16 TION. 

17 ‘‘(a) DEFINITIONS.—In this section; 

18 ‘‘(1) GULF OF MEXICO ECOSYSTEM.—The term 

19 ‘Gulf of Mexico ecosystem’ means the ecosystem of 

20 the Gulf of Mexico and its watershed. 

21 ‘‘(2) GULF OF MEXICO EXECUTIVE COUNCIL.— 

22 The term ‘Gulf of Mexico Executive Council’ means 

23 the formal collaborative Federal, State, local, and 

24 private participants in the Program. 


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1 ‘‘(3) PROGRAM.—The term ‘Program’ means 

2 the Gulf of Mexico Program established by the Ad3 ministrator in 1988 as a nonregulatory, inclusive 

4 partnership to provide a broad geographic focus on 

5 the primary environmental issues affecting the Gulf 

6 of Mexico. 

7 ‘‘(4) PROGRAM OFFICE.—The term ‘Program 

8 Office’ means the office established by the Adminis9 trator to administer the Program that is reestab10 lished by subsection (b)(1)(A). 

11 ‘‘(b) CONTINUATION OF GULF OF MEXICO PRO12 GRAM.— 

13 ‘‘(1) GULF OF MEXICO PROGRAM OFFICE.— 

14 ‘‘(A) REESTABLISHMENT.—The Program 

15 Office established before the date of enactment 

16 of this section by the Administrator is reestab17 lished as an office of the Environmental Protec18 tion Agency. 

19 ‘‘(B) REQUIREMENTS.—The Program Of20 fice shall be— 

21 ‘‘(i) headed by a Director who, by rea22 son of management experience and tech23 nical expertise relating to the Gulf of Mex24 ico, is highly qualified to direct the devel25 opment of plans and programs on a variety 


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1 of Gulf of Mexico issues, as determined by 

2 the Administrator; and 

3 ‘‘(ii) located in a State all or a portion 

4 of the coastline of which is on the Gulf of 

5 Mexico. 

6 ‘‘(C) FUNCTIONS.—The Program Office 

7 shall— 

8 ‘‘(i) coordinate the actions of the En9 vironmental Protection Agency with the ac10 tions of the appropriate officials of other 

11 Federal agencies and State and local au12 thorities in developing strategies— 

13 ‘‘(I) to improve the water quality 

14 and living resources in the Gulf of 

15 Mexico ecosystem; and 

16 ‘‘(II) to obtain the support of ap17 propriate officials; 

18 ‘‘(ii) in cooperation with appropriate 

19 Federal, State, and local authorities, assist 

20 in developing and implementing specific ac21 tion plans to carry out the Program; 

22 ‘‘(iii) coordinate and implement pri23 ority State-led and community-led restora24 tion plans and projects and facilitate 

25 science, research, modeling, monitoring, 


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1 data collection, and other activities that 

2 support the Program; 

3 ‘‘(iv) implement outreach programs 

4 for public information, education, and par5 ticipation to foster stewardship of the re6 sources of the Gulf of Mexico; 

7 ‘‘(v) develop and make available, 

8 through publications, technical assistance, 

9 and other appropriate means, information 

10 pertaining to the environmental quality 

11 and living resources of the Gulf of Mexico 

12 ecosystem; 

13 ‘‘(vi) serve as the liaison with, and 

14 provide information to, the Mexican mem15 bers of the Gulf of Mexico States Accord 

16 and Mexican counterparts of the Environ17 mental Protection Agency; and 

18 ‘‘(vii) focus the efforts and resources 

19 of the Program Office on activities that 

20 will result in measurable improvements to 

21 water quality and living resources of the 

22 Gulf of Mexico ecosystem. 

23 ‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis24 trator may enter into 1 or more interagency agreements 

25 with other Federal agencies to carry out this section. 


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1 ‘‘(d) GRANTS.— 

2 ‘‘(1) IN GENERAL.—In accordance with the 

3 Program, the Administrator may provide grants to 

4 nonprofit organizations, State and local govern5 ments, colleges, universities, interstate agencies, and 

6 individuals to carry out this section for use in— 

7 ‘‘(A) monitoring the water quality and liv8 ing resources of the Gulf of Mexico ecosystem; 

9 ‘‘(B) researching the effects of natural and 

10 human-induced environmental changes on the 

11 water quality and living resources of the Gulf of 

12 Mexico ecosystem; 

13 ‘‘(C) developing and executing cooperative 

14 strategies that address the water quality and 

15 living resource needs in the Gulf of Mexico eco16 system; 

17 ‘‘(D) developing and implementing locally18 based protection and restoration programs or 

19 projects within a watershed that complement 

20 those strategies, including the creation, restora21 tion, protection, or enhancement of habitat as22 sociated with the Gulf of Mexico ecosystem; and 

23 ‘‘(E) eliminating or reducing point sources 

24 that discharge pollutants that contaminate the 

25 Gulf of Mexico ecosystem, including activities to 


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1 eliminate leaking septic systems and construct 

2 connections to local sewage systems. 

3 ‘‘(2) FEDERAL SHARE.—The Federal share of 

4 the cost of any project or activity carried out using 

5 a grant provided under this section shall not exceed 

6 75 percent, as determined by the Administrator. 

7 ‘‘(3) ADMINISTRATIVE COSTS.—Administrative 

8 costs in the form of salaries, overhead, or indirect 

9 costs for services provided and charged against pro10 grams or projects carried out using funds made 

11 available through a grant under this subsection shall 

12 not exceed 15 percent of the amount of the grant. 

13 ‘‘(e) REPORTS.— 

14 ‘‘(1) ANNUAL REPORT.—Not later than Decem15 ber 30, 2009, and annually thereafter, the Director 

16 of the Program Office shall submit to the Adminis17 trator and make available to the public a report that 

18 describes— 

19 ‘‘(A) each project and activity funded 

20 under this section during the previous fiscal 

21 year; 

22 ‘‘(B) the goals and objectives of those 

23 projects and activities; and 


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1 ‘‘(C) the net benefits of projects and activi2 ties funded under this section during previous 

3 fiscal years. 

4 ‘‘(2) ASSESSMENT.— 

5 ‘‘(A) IN GENERAL.—Not later than April 

6 30, 2010, and every 5 years thereafter, the Ad7 ministrator, in coordination with the Gulf of 

8 Mexico Executive Council, shall complete an as9 sessment, and submit to Congress a comprehen10 sive report on the performance, of the Program. 

11 ‘‘(B) REQUIREMENTS.—The assessment 

12 and report described in subparagraph (A) 

13 shall— 

14 ‘‘(i) assess the overall state of the 

15 Gulf of Mexico ecosystem; 

16 ‘‘(ii) compare the current state of the 

17 Gulf of Mexico ecosystem with a baseline 

18 assessment; 

19 ‘‘(iii) include specific measures to as20 sess any improvements in water quality 

21 and living resources of the Gulf of Mexico 

22 ecosystem; 

23 ‘‘(iv) assess the effectiveness of the 

24 Program management strategies being im25 plemented, and the extent to which the priVerDate Aug 31 2005 00:35 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3558.IS S3558

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1 ority needs of the region are being met 

2 through that implementation; and 

3 ‘‘(v) make recommendations for the 

4 improved management of the Program, in5 cluding strengthening strategies being im6 plemented or adopting improved strategies. 

7 ‘‘(f) BUDGET ITEM.—The Administrator, in the an8 nual submission to Congress of the budget of the Environ9 mental Protection Agency, shall include a funding line 

10 item request for the Program Office as a separate budget 

11 line item. 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section, 

14 to remain available until expended— 

15 ‘‘(1) $10,000,000 for fiscal year 2009; 

16 ‘‘(2) $15,000,000 for fiscal year 2010; and 

17 ‘‘(3) $25,000,000 for each of fiscal years 2011 

18 through 2013.’’. 

Æ 


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