[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Presidential Documents]
[Pages 62313-62317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25578]




                        Presidential Documents 



Federal Register / Vol. 75 , No. 195 / Friday, October 8, 2010 / 
Presidential Documents

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                Executive Order 13554 of October 5, 2010

                
Establishing the Gulf Coast Ecosystem Restoration 
                Task Force

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Purpose. The Gulf Coast is a national 
                treasure. Its natural resources are an important 
                economic engine for the entire United States; its 
                waters sustain a diverse and vibrant ecosystem; and the 
                Gulf's culture, natural beauty, and historic 
                significance are unique. Each year, millions of 
                tourists visit the Gulf to vacation, swim, boat, fish, 
                hunt, and bird-watch; and, together, the Gulf's tourism 
                and commercial and recreational fishing industries make 
                a significant contribution to the United States 
                economy. More than 90 percent of the Nation's offshore 
                oil and gas is produced in the Gulf, and it is where 
                nearly one-third of seafood production in the 
                continental United States is harvested.

                The United States needs a vibrant Gulf Coast, and the 
                Federal Government is committed to helping Gulf Coast 
                residents conserve and restore resilient and healthy 
                ecosystems in the Gulf of Mexico and surrounding 
                regions that support the diverse economies, 
                communities, and cultures of the region. To effectively 
                address the damage caused by the BP Deepwater Horizon 
                Oil Spill, address the longstanding ecological decline, 
                and begin moving toward a more resilient Gulf Coast 
                ecosystem, ecosystem restoration is needed. Ecosystem 
                restoration will support economic vitality, enhance 
                human health and safety, protect infrastructure, enable 
                communities to better withstand impact from storms and 
                climate change, sustain safe seafood and clean water, 
                provide recreational and cultural opportunities, 
                protect and preserve sites that are of historical and 
                cultural significance, and contribute to the overall 
                resilience of our coastal communities and Nation.

                In order to achieve these objectives, it is necessary 
                that Federal efforts be efficiently integrated with 
                those of local stakeholders and that particular focus 
                be given to innovative solutions and complex, large-
                scale restoration projects. Efforts must be science-
                based and well-coordinated to minimize duplication and 
                ensure effective delivery of services. This order 
                establishes a Gulf Coast Ecosystem Restoration Task 
                Force to coordinate intergovernmental responsibilities, 
                planning, and exchange of information so as to better 
                implement Gulf Coast ecosystem restoration and to 
                facilitate appropriate accountability and support 
                throughout the restoration process.

                Sec. 2. Establishment of the Gulf Coast Ecosystem 
                Restoration Task Force. There is established the Gulf 
                Coast Ecosystem Restoration Task Force (Task Force).

                    (a) The Task Force shall consist of:

(1) A senior official from each of the following executive departments, 
agencies, and offices, selected by the head of the respective department, 
agency, or office:

  a. the Department of Defense;

  b. the Department of Justice;

  c. the Department of the Interior;

  d. the Department of Agriculture;

  e. the Department of Commerce;

  f. the Department of Transportation;

[[Page 62314]]

  g. the Environmental Protection Agency;

  h. the Office of Management and Budget;

  i. the Council on Environmental Quality;

  j. the Office of Science and Technology Policy;

  k. the Domestic Policy Council; and

  l. other executive departments, agencies, and offices as the President 
may, from time to time, designate.

(2) Five State representatives, appointed by the President upon 
recommendation of the Governors of each Gulf State, who shall be elected 
officers of State governments (or their designated employees with authority 
to act on their behalf) acting in their official capacities.

                    (b) The Task Force may include representatives from 
                affected tribes, who shall be elected officers of those 
                tribes (or their designated employees with authority to 
                act on their behalf) acting in their official 
                capacities. The Task Force shall, in collaboration with 
                affected tribes, determine an appropriate structure for 
                tribal participation in matters within the scope of the 
                Task Force's responsibilities.
                    (c) The President shall designate a Chair of the 
                Task Force from among senior officials of executive 
                departments, agencies, and offices represented on the 
                Task Force. The Chair shall lead the coordination of 
                intergovernmental Gulf Coast ecosystem restoration 
                efforts and oversee the work of the Task Force. The 
                Chair shall regularly convene and preside at meetings 
                of the Task Force, determine its agenda, and direct its 
                work. The Chair's duties shall also include:

(1) facilitating a smooth transition from the response phase of addressing 
the BP Deepwater Horizon Oil Spill to the restoration phase;

(2) communicating and engaging with States, tribes, local governments, 
other stakeholders in the Gulf Coast region, and the public on ecosystem 
restoration, as well as other aspects of Gulf recovery, including economic 
recovery and public health efforts; and

(3) coordinating the efforts of executive departments, agencies, and 
offices related to the functions of the Task Force.

                    (d) Representatives of the Gulf States under 
                subsection (a)(2) of this section shall select from 
                among themselves a Vice-Chair of the Task Force.

                Sec. 3. Functions of the Task Force. The Task Force 
                shall be an advisory body to:

                    (a) coordinate intergovernmental efforts to improve 
                efficiency and effectiveness in the implementation of 
                Gulf Coast ecosystem restoration actions;
                    (b) support the Natural Resource Damage Assessment 
                process by referring potential ecosystem restoration 
                actions to the Natural Resource Damage Assessment 
                Trustee Council for consideration and facilitating 
                coordination among the relevant departments, agencies, 
                and offices, as appropriate, subject to the independent 
                statutory responsibilities of the trustees;
                    (c) present to the President a Gulf of Mexico 
                Regional Ecosystem Restoration Strategy (Strategy) as 
                provided in section 4 of this order;
                    (d) engage local stakeholders, communities, the 
                public, and other officials throughout the Gulf Coast 
                region to ensure that they have an opportunity to share 
                their needs and viewpoints to inform the work of the 
                Task Force, including the development of the Strategy;
                    (e) provide leadership and coordination of research 
                needs in support of ecosystem restoration planning and 
                decisionmaking in the Gulf Coast region, and work with 
                existing Federal and State advisory committees, as 
                appropriate, to facilitate consideration of relevant 
                scientific and technical knowledge;
                    (f) prepare a biennial update for the President on 
                progress toward the goals of Gulf Coast ecosystem 
                restoration, as outlined in the Strategy;

[[Page 62315]]

                    (g) communicate with affected tribes in a manner 
                consistent with Executive Order 13175 of November 6, 
                2000, on consultation and coordination with Indian 
                tribal governments; and
                    (h) coordinate with relevant executive departments, 
                agencies, and offices on ways to encourage health and 
                economic benefits associated with proposed ecosystem 
                restoration actions.

                Sec. 4. Gulf of Mexico Regional Ecosystem Restoration 
                Strategy. (a) Within 1 year of the date of this order, 
                the Task Force shall prepare a Strategy that proposes a 
                Gulf Coast ecosystem restoration agenda, including 
                goals for ecosystem restoration, development of a set 
                of performance indicators to track progress, and means 
                of coordinating intergovernmental restoration efforts 
                guided by shared priorities. In developing the 
                Strategy, the Task Force shall:

(1) define ecosystem restoration goals and describe milestones for making 
progress toward attainment of those goals;

(2) consider existing research and ecosystem restoration planning efforts 
in the region, including initiatives undertaken by the National Ocean 
Council and the Mississippi River/Gulf of Mexico Watershed Nutrient Task 
Force (Gulf Hypoxia Task Force), in order to identify planning and 
restoration needs and ways under existing authorities to address those 
needs;

(3) identify major policy areas where coordinated intergovernmental action 
is necessary;

(4) propose new programs or actions to implement elements of the Strategy 
where existing authorities are not sufficient;

(5) identify monitoring, research, and scientific assessments needed to 
support decisionmaking for ecosystem restoration efforts and evaluate 
existing monitoring programs and gaps in current data collection; and

(6) describe the circumstances under which termination of the Task Force 
would be appropriate.

                    (b) The executive departments, agencies, and 
                offices enumerated in section 2(a)(1) of this order 
                shall, to the extent permitted by law, consider ways to 
                align their relevant programs and authorities with the 
                Strategy.

                Sec. 5. Administration. (a) The Task Force shall have a 
                staff, headed by an Executive Director, which shall 
                provide support for the functions of the Task Force.

                    (b) The Executive Director shall be selected by the 
                Chair and shall supervise, direct, and be accountable 
                for the administration and operation of the Task Force.
                    (c) The Departments of Commerce (through the 
                National Oceanic and Atmospheric Administration), the 
                Interior (through the Fish and Wildlife Service), and 
                Justice shall identify linkages and opportunities for 
                the Task Force to complement the restoration progress 
                of the Natural Resource Damage Assessment Trustee 
                Council.
                    (d) At the request of the Chair, executive 
                departments and agencies, including the Departments of 
                Labor, Health and Human Services, Energy, and Homeland 
                Security, the Small Business Administration, and the 
                National Science Foundation, shall serve in an advisory 
                role to the Task Force on issues within their 
                expertise.
                    (e) The Task Force may establish such technical 
                working groups as necessary to support its function. 
                These working groups may include additional 
                representatives from State and tribal governments, as 
                appropriate, to provide for greater collaboration.
                    (f) The first meeting of the Task Force shall be 
                held within 90 days of the date of this order.

                Sec. 6. Definitions. (a) ``Affected tribe'' means any 
                Indian tribe, band, nation, pueblo, village, or 
                community that the Secretary of the Interior 
                acknowledges

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                to exist as an Indian tribe as defined in the Federally 
                Recognized Tribe List Act of 1994 (25 U.S.C. 479a(2)), 
                physically located in a Gulf State.

                    (b) ``Ecosystem restoration'' means all activities, 
                projects, methods, and procedures appropriate to 
                enhance the health and resilience of the Gulf Coast 
                ecosystem, as measured in terms of the physical, 
                biological, or chemical properties of the ecosystem, or 
                the services it provides, and to strengthen its ability 
                to support the diverse economies, communities, and 
                cultures of the region. It includes activity that 
                initiates or accelerates the recovery of an ecosystem 
                with respect to its health, integrity, and 
                sustainability. It also includes protecting and 
                conserving ecosystems so they can continue to reduce 
                impacts from tropical storms and other disasters, 
                support robust economies, and assist in mitigating and 
                adapting to the impacts of climate change.
                    (c) ``Gulf State'' means any of the States of 
                Texas, Louisiana, Mississippi, Alabama, and Florida.
                    (d) ``Natural Resource Damage Assessment'' means 
                the process of collecting and analyzing information to 
                evaluate the nature and extent of natural resource 
                injuries resulting from the BP Deepwater Horizon Oil 
                Spill and to determine the restoration actions needed 
                to bring injured natural resources and services back to 
                baseline conditions and make the environment and public 
                whole for interim losses as defined in 15 CFR 990.30.
                    (e) ``Natural Resource Damage Assessment Trustee 
                Council'' means the designated Federal, State, local, 
                and tribal trustees as provided in 33 U.S.C. 2706, with 
                trusteeship over natural resources injured, lost, or 
                destroyed as a result of the BP Deepwater Horizon Oil 
                Spill.

                Sec. 7. General Provisions. (a) To the extent permitted 
                by law and subject to the availability of 
                appropriations, the department, agency, or office 
                represented by the Chair shall provide the Task Force 
                with such administrative services, funds, facilities, 
                staff, and other support services as may be necessary 
                for the Task Force to carry out its function.

                    (b) In addition to staff provided by the 
                department, agency, or office represented by the Chair, 
                other executive departments, agencies, and offices 
                represented on the Task Force are requested to make 
                services, staff, and facilities available to the Task 
                Force for the performance of its function to the 
                maximum extent practicable, to the extent permitted by 
                law and subject to the availability of appropriations.
                    (c) Members of the Task Force shall serve without 
                any additional compensation for their work on the Task 
                Force.
                    (d) Nothing in this order shall be construed to 
                impair or otherwise affect: (i) authority granted by 
                law to an executive department, agency, or the head 
                thereof, or the status of that department or agency 
                within the Federal Government; or (ii) functions of the 
                Director of the Office of Management and Budget 
                relating to budgetary, administrative, or legislative 
                proposals.
                    (e) Nothing in this order shall interfere with the 
                statutory responsibilities and authority of the Natural 
                Resource Damage Assessment Trustee Council or the 
                individual trustees to carry out their statutory 
                responsibilities to assess natural resource damages and 
                implement restoration actions under 33 U.S.C. 2706 and 
                other applicable law.
                    (f) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 62317]]

                    (g) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person. 
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 5, 2010.

[FR Doc. 2010-25578
Filed 10-7-10; 8:45 am]
Billing code 3195-W1-P