II 

110TH CONGRESS 

1ST SESSION S. 1126 

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 

APRIL 17, 2007 

Mr. LOTT (for himself, Ms. LANDRIEU, 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 resulting largely from the impacts 

10 of agricultural runoff, increasing population growth 

11 and development in the Gulf of Mexico watershed, 

12 and other factors; 

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

14 protection and restoration of the Gulf of Mexico eco15 system as a collaborative regional goal of the Gulf 

16 of Mexico Program; and 

17 (4) the Administrator of the Environmental 

18 Protection Agency, in consultation with other Fed19 eral agencies and State and local authorities, should 

20 coordinate the effort to meet those goals. 

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

22 (1) to expand and strengthen cooperative ef23 forts to restore and protect the Gulf of Mexico; 


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1 (2) to expand Federal support for monitoring, 

2 management, and restoration activities in the Gulf 

3 of Mexico and its watershed; 

4 (3) to commit the United States to a com5 prehensive cooperative program to achieve improved 

6 water quality in, and improvements in the produc7 tivity of living resources of, the Gulf of Mexico; and 

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

9 serve as a national and international model for the 

10 collaborative management of large marine eco11 systems. 

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

13 Title I of the Federal Water Pollution Control Act 

14 (33 U.S.C. 1251 et seq.) is amended— 

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

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

17 pilot projects) as section 122; and 

18 (2) by inserting after section 122 (as des19 ignated by paragraph (1)) the following: 

20 ‘‘SEC. 123. GULF OF MEXICO RESTORATION AND PROTEC21 TION. 

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

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

24 ‘Gulf of Mexico ecosystem’ means the ecosystem of 

25 the Gulf of Mexico and its watershed. 


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

2 The term ‘Gulf of Mexico Executive Council’ means 

3 the formal collaborative Federal, State, local, and 

4 private participants in the Program. 

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

6 the Gulf of Mexico Program established by the Ad7 ministrator in 1988 as a nonregulatory, inclusive 

8 partnership to provide a broad geographic focus on 

9 the primary environmental issues affecting the Gulf 

10 of Mexico. 

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

12 Office’ means the office established by the Adminis13 trator to administer the Program that is reestab14 lished by subsection (b)(1)(A). 

15 ‘‘(b) CONTINUATION OF GULF OF MEXICO PRO16 GRAM.— 

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

18 ‘‘(A) REESTABLISHMENT.—The Program 

19 Office established before the date of enactment 

20 of this section by the Administrator is reestab21 lished as an office of the Environmental Protec22 tion Agency. 

23 ‘‘(B) REQUIREMENTS.—The Program Of24 fice shall be— 


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1 ‘‘(i) headed by a Director who, by rea2 son of management experience and tech3 nical expertise relating to the Gulf of Mex4 ico, is highly qualified to direct the devel5 opment of plans and programs on a variety 

6 of Gulf of Mexico issues, as determined by 

7 the Administrator; and 

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

9 of the coastline of which is on the Gulf of 

10 Mexico. 

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

12 shall— 

13 ‘‘(i) coordinate the actions of the En14 vironmental Protection Agency with the ac15 tions of the appropriate officials of other 

16 Federal agencies and State and local au17 thorities in developing strategies— 

18 ‘‘(I) to improve the water quality 

19 and living resources in the Gulf of 

20 Mexico ecosystem; and 

21 ‘‘(II) to obtain the support of ap22 propriate officials; 

23 ‘‘(ii) in cooperation with appropriate 

24 Federal, State, and local authorities, assist 


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1 in developing and implementing specific ac2 tion plans to carry out the Program; 

3 ‘‘(iii) coordinate and implement pri4 ority State-led and community-led restora5 tion plans and projects and facilitate 

6 science, research, modeling, monitoring, 

7 data collection, and other activities that 

8 support the Program; 

9 ‘‘(iv) implement outreach programs 

10 for public information, education, and par11 ticipation to foster stewardship of the re12 sources of the Gulf of Mexico; 

13 ‘‘(v) develop and make available, 

14 through publications, technical assistance, 

15 and other appropriate means, information 

16 pertaining to the environmental quality 

17 and living resources of the Gulf of Mexico 

18 ecosystem; and 

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

20 provide information to, the Mexican mem21 bers of the Gulf of Mexico States Accord 

22 and Mexican counterparts of the Environ23 mental Protection Agency. 


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1 ‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis2 trator may enter into 1 or more interagency agreements 

3 with other Federal agencies to carry out this section. 

4 ‘‘(d) GRANTS.— 

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

6 Program, the Administrator may provide grants to 

7 nonprofit organizations, State and local govern8 ments, colleges, universities, interstate agencies, and 

9 individuals to carry out this section for use in— 

10 ‘‘(A) monitoring the water quality and liv11 ing resources of the Gulf of Mexico ecosystem; 

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

13 human-induced environmental changes on the 

14 water quality and living resources of the Gulf of 

15 Mexico ecosystem; 

16 ‘‘(C) developing and executing cooperative 

17 strategies that address the water quality and 

18 living resource needs in the Gulf of Mexico eco19 system; 

20 ‘‘(D) developing and implementing locally21 based protection and restoration programs or 

22 projects within a watershed that complement 

23 those strategies, including the creation, restora24 tion, protection, or enhancement of habitat as25 sociated with the Gulf of Mexico ecosystem; and 


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1 ‘‘(E) eliminating or reducing point sources 

2 that discharge pollutants that contaminate the 

3 Gulf of Mexico ecosystem, including activities to 

4 eliminate leaking septic systems and construct 

5 connections to local sewage systems. 

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

7 the cost of any project or activity carried out using 

8 a grant provided under this section shall not exceed 

9 75 percent, as determined by the Administrator. 

10 ‘‘(3) ADMINISTRATIVE COSTS.—Administrative 

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

12 costs for services provided and charged against pro13 grams or projects carried out using funds made 

14 available through a grant under this subsection shall 

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

16 ‘‘(e) REPORTS.— 

17 ‘‘(1) ANNUAL REPORT.—Not later than Decem18 ber 30, 2007, and annually thereafter, the Director 

19 of the Program Office shall submit to the Adminis20 trator and make available to the public a report that 

21 describes— 

22 ‘‘(A) each project and activity funded 

23 under this section during the previous fiscal 

24 year; 


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

2 projects and activities; and 

3 ‘‘(C) the net benefits of projects and activi4 ties funded under this section during previous 

5 fiscal years. 

6 ‘‘(2) ASSESSMENT.— 

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

8 30, 2008, and every 5 years thereafter, the Ad9 ministrator, in coordination with the Gulf of 

10 Mexico Executive Council, shall complete an as11 sessment, and submit to Congress a comprehen12 sive report on the performance, of the Program. 

13 ‘‘(B) REQUIREMENTS.—The assessment 

14 and report described in subparagraph (A) 

15 shall— 

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

17 Gulf of Mexico ecosystem; 

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

19 Gulf of Mexico ecosystem with a baseline 

20 assessment; 

21 ‘‘(iii) assess the effectiveness of the 

22 Program management strategies being im23 plemented, and the extent to which the pri24 ority needs of the region are being met 

25 through that implementation; and 


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1 ‘‘(iv) make recommendations for the 

2 improved management of the Program, in3 cluding strengthening strategies being im4 plemented or adopting improved strategies. 

5 ‘‘(f) BUDGET ITEM.—The Administrator, in the an6 nual submission to Congress of the budget of the Environ7 mental Protection Agency, shall include a funding line 

8 item request for the Program Office as a separate budget 

9 line item. 

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

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

12 to remain available until expended— 

13 ‘‘(1) $10,000,000 for fiscal year 2008; 

14 ‘‘(2) $15,000,000 for fiscal year 2009; and 

15 ‘‘(3) $25,000,000 for each of fiscal years 2010 

16 through 2012.’’. 

Æ 


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