I 

112TH CONGRESS 

1ST SESSION H. R. 3096 

To restore the natural resources, ecosystems, fisheries, marine and wildlife 

habitats, beaches, and coastal wetlands of Gulf Coast States, to create 

jobs and revive the economic health of communities adversely affected 

by the explosion on, and sinking of, the mobile offshore drilling unit 

Deepwater Horizon, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 5, 2011 

Mr. SCALISE (for himself, Mr. BONNER, Mr. MILLER of Florida, Mr. OLSON, 

Mr. PALAZZO, Mr. SOUTHERLAND, Mr. RICHMOND, Mr. ROSS of Florida, 

Mr. RIVERA, Mr. CRENSHAW, Mr. DIAZ-BALART, Mr. BOUSTANY, Mr. 

THOMPSON of Mississippi, Mr. LANDRY, Mr. ALEXANDER, Mr. ADERHOLT, Mr. BACHUS, Mrs. ROBY, Mr. ROGERS of Alabama, Ms. SEWELL, 

Mr. CASSIDY, Mr. WEST, Mr. BROOKS, Mr. HARPER, and Mr. 

NUNNELEE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Resources and Science, Space, 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 restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands 

of Gulf Coast States, to create jobs and revive the economic health of communities adversely affected by the 

explosion on, and sinking of, the mobile offshore drilling 

unit Deepwater Horizon, and for other purposes. 


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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 ‘‘Resources and Eco5 systems Sustainability, Tourist Opportunities, and Re6 vived Economies of the Gulf Coast States Act of 2011’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 

9 (1) as a result of decades of oil and gas devel10 opment in the Gulf of Mexico, producing and non11 producing States in the Gulf Coast region have 

12 borne substantial risks of environmental damage and 

13 economic harm, all of which culminated with the ex14 plosion on, and sinking of, the mobile offshore drill15 ing unit Deepwater Horizon; 

16 (2) the discharge of oil in the Gulf of Mexico 

17 that began following the explosion on, and sinking 

18 of, the mobile offshore drilling unit Deepwater Hori19 zon has caused substantial environmental destruc20 tion and economic harm to the people and commu21 nities of the Gulf Coast region; 

22 (3)(A) in the report entitled ‘‘America’s Gulf 

23 Coast—A Long Term Recovery Plan after the Deep24 water Horizon Oil Spill’’, the Secretary of the Navy 

25 stated, ‘‘Together, the Gulf’s tourism and commerVerDate Mar 15 2010 23:04 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3096.IH H3096

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1 cial and recreational fishing industries contribute 

2 tens of billions of dollars to the [United States] 

3 economy. More than 90 percent of the [N]ation’s 

4 offshore crude oil and natural gas is produced in the 

5 Gulf, and the [F]ederal treasury receives roughly 

6 $4.5 billion dollars every year from offshore leases 

7 and royalties. And it is in the Gulf of Mexico that 

8 nearly one third of seafood production in the conti9 nental [United States] is harvested. America needs 

10 a healthy and resilient Gulf Coast, one that can sup11 port the diverse economies, communities, and cul12 tures of the region.’’; 

13 (B) to address the needs of the Gulf Coast re14 gion, the Secretary of the Navy stated, ‘‘It is rec15 ommended that the President urge Congress to pass 

16 legislation that would dedicate a significant amount 

17 of any civil penalties recovered under the [Federal 

18 Water Pollution Control Act] from parties respon19 sible for the Deepwater Horizon oil spill to those di20 rectly impacted by that spill.’’; and 

21 (C) to mitigate local challenges and help restore 

22 the resiliency of communities adversely affected by 

23 the spill, the Secretary of the Navy stated that the 

24 legislation described in subparagraph (B) should 

25 ‘‘[b]uild economic development strategies around 


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1 community needs, and take particular efforts to ad2 dress the needs of disadvantaged, underserved, and 

3 resource constrained communities’’; 

4 (4) in a final report to the President, the Na5 tional Commission on the BP Deepwater Horizon 

6 Oil Spill and Offshore Drilling— 

7 (A) stated, ‘‘Estimates of the cost of Gulf 

8 restoration, including but not limited to the 

9 Mississippi Delta, vary widely, but according to 

10 testimony before the Commission, full restora11 tion of the Gulf will require $15 billion to $20 

12 billion: a minimum of $500 million annually for 

13 30 years.’’; and 

14 (B) like the Secretary of the Navy, rec15 ommended that, to meet the needs described in 

16 subparagraph (A), a substantial portion of ap17 plicable penalties under the Federal Water Pol18 lution Control Act (33 U.S.C. 1251 et seq.) be 

19 dedicated to long-term restoration of the Gulf 

20 of Mexico; 

21 (5) taking into account the risks borne by Gulf 

22 Coast States for decades of oil and gas development 

23 and the environmental degradation suffered by the 

24 Gulf Coast region, the amounts received by the 

25 United States as payment of administrative, civil, or 


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1 criminal penalties in connection with the explosion 

2 on, and sinking of, the mobile offshore drilling unit 

3 Deepwater Horizon should be expended— 

4 (A) to restore the natural resources, eco5 systems, fisheries, marine and wildlife habitats, 

6 beaches, barrier islands, dunes, coastal wet7 lands, and economy of the Gulf Coast; and 

8 (B) to address the associated economic 

9 harm suffered by the people and communities 

10 of the region; 

11 (6) the projects and programs authorized by 

12 this Act and the amendments made by this Act 

13 should be carried out pursuant to contracts awarded 

14 in a manner that provides a preference to individuals 

15 and entities that reside in, are headquartered in, or 

16 are principally engaged in business in a Gulf Coast 

17 State; and 

18 (7) Federal, State, and local officials should 

19 seek— 

20 (A) to leverage the financial resources 

21 made available under this Act; and 

22 (B) to the maximum extent practicable, to 

23 ensure that projects funded pursuant to this 

24 Act complement efforts planned or in operation 


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1 to revitalize the natural resources and economic 

2 health of the Gulf Coast region. 

3 SEC. 3. GULF COAST RESTORATION TRUST FUND. 

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

5 Treasury of the United States a trust fund to be known 

6 as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 

7 in this section as the ‘‘Trust Fund’’), consisting of such 

8 amounts as are deposited in the Trust Fund under this 

9 Act or any other provision of law. 

10 (b) TRANSFERS.—The Secretary of the Treasury 

11 shall deposit in the Trust Fund an amount equal to 80 

12 percent of all administrative and civil penalties paid by 

13 responsible parties after the date of enactment of this Act 

14 in connection with the explosion on, and sinking of, the 

15 mobile offshore drilling unit Deepwater Horizon pursuant 

16 to a court order, negotiated settlement, or other instru17 ment in accordance with section 311 of the Federal Water 

18 Pollution Control Act (33 U.S.C. 1321). 

19 (c) EXPENDITURES.—Amounts in the Trust Fund, 

20 including interest earned on advances to the Trust Fund 

21 and proceeds from investment under subsection (d), 

22 shall— 

23 (1) be available for expenditure, without further 

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1 tivities of this Act and the amendments made by 

2 this Act; and 

3 (2) remain available until expended, without fis4 cal year limitation. 

5 (d) INVESTMENT.—Amounts in the Trust Fund shall 

6 be invested in accordance with section 9702 of title 31, 

7 United States Code, and any interest on, and proceeds 

8 from, any such investment shall be available for expendi9 ture in accordance with this Act and the amendments 

10 made by this Act. 

11 (e) ADMINISTRATION.—Not later than 180 days after 

12 the date of enactment of this Act, after providing notice 

13 and an opportunity for public comment, the Secretary of 

14 the Treasury, in consultation with the Secretary of the In15 terior and the Secretary of Commerce, shall establish such 

16 procedures as the Secretary determines to be necessary 

17 to deposit amounts in, and expend amounts from, the 

18 Trust Fund pursuant to this Act, including— 

19 (1) procedures to assess whether the programs 

20 and activities carried out under this Act and the 

21 amendments made by this Act achieve compliance 

22 with applicable requirements, including procedures 

23 by which the Secretary of the Treasury may deter24 mine whether an expenditure by a Gulf Coast State 

25 or coastal political subdivision (as those terms are 


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1 defined in section 311 of the Federal Water Pollu2 tion Control Act (33 U.S.C. 1321)) pursuant to such 

3 a program or activity achieves compliance; 

4 (2) auditing requirements to ensure that 

5 amounts in the Trust Fund are expended as in6 tended; and 

7 (3) procedures for identification and allocation 

8 of funds available to the Secretary under other pro9 visions of law that may be necessary to pay the ad10 ministrative expenses directly attributable to the 

11 management of the Trust Fund. 

12 SEC. 4. GULF COAST NATURAL RESOURCES RESTORATION 

13 AND ECONOMIC RECOVERY. 

14 Section 311 of the Federal Water Pollution Control 

15 Act (33 U.S.C. 1321) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (25)(B), by striking 

18 ‘‘and’’ at the end; 

19 (B) in paragraph (26)(D), by striking the 

20 period at the end and inserting a semicolon; 

21 and 

22 (C) by adding at the end the following: 

23 ‘‘(27) the term ‘Chairperson’ means the Chair24 person of the Council; 


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1 ‘‘(28) the term ‘coastal political subdivision’ 

2 means any local political jurisdiction that is imme3 diately below the State level of government, includ4 ing a county, parish, or borough, with a coastline 

5 that is contiguous with any portion of the United 

6 States Gulf of Mexico; 

7 ‘‘(29) the term ‘Comprehensive Plan’ means the 

8 comprehensive plan developed by the Council pursu9 ant to subsection (t); 

10 ‘‘(30) the term ‘Council’ means the Gulf Coast 

11 Ecosystem Restoration Council established pursuant 

12 to subsection (t); 

13 ‘‘(31) the term ‘Deepwater Horizon oil spill’ 

14 means the blowout and explosion of the mobile off15 shore drilling unit Deepwater Horizon that occurred 

16 on April 20, 2010, and resulting hydrocarbon re17 leases into the environment; 

18 ‘‘(32) the term ‘Gulf Coast region’ means— 

19 ‘‘(A) in the Gulf Coast States, the coastal 

20 zones (as that term is defined in section 304 of 

21 the Coastal Zone Management Act of 1972 (16 

22 U.S.C. 1453)) that border the Gulf of Mexico; 

23 ‘‘(B) any adjacent land, water, and water24 sheds, that are within 25 miles of those coastal 

25 zones of the Gulf Coast States; and 


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1 ‘‘(C) all Federal waters in the Gulf of Mex2 ico; 

3 ‘‘(33) the term ‘Gulf Coast State’ means any of 

4 the States of Alabama, Florida, Louisiana, Mis5 sissippi, and Texas; and 

6 ‘‘(34) the term ‘Trust Fund’ means the Gulf 

7 Coast Restoration Trust Fund established pursuant 

8 to section 3 of the Resources and Ecosystems Sus9 tainability, Tourist Opportunities, and Revived 

10 Economies of the Gulf Coast States Act of 2011.’’; 

11 (2) in subsection (s), by inserting ‘‘except as 

12 provided in subsection (t)’’ before the period at the 

13 end; and 

14 (3) by adding at the end the following: 

15 ‘‘(t) GULF COAST RESTORATION AND RECOVERY.— 

16 ‘‘(1) STATE ALLOCATION AND EXPENDI17 TURES.— 

18 ‘‘(A) IN GENERAL.—Of the total amounts 

19 made available in any fiscal year from the 

20 Trust Fund, 35 percent shall be available, in 

21 accordance with the requirements of this sec22 tion, to the Gulf Coast States in equal shares 

23 for expenditure for ecological and economic res24 toration of the Gulf Coast region in accordance 

25 with this subsection. 


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1 ‘‘(B) USE OF FUNDS.— 

2 ‘‘(i) ELIGIBLE ACTIVITIES.—Amounts 

3 provided to the Gulf Coast States under 

4 this subsection may only be used to carry 

5 out one or more of the following activities: 

6 ‘‘(I) Coastal restoration projects 

7 and activities, including conservation 

8 and coastal land acquisition. 

9 ‘‘(II) Mitigation of damage to, 

10 and restoration of, fish, wildlife, or 

11 natural resources. 

12 ‘‘(III) Implementation of a feder13 ally approved marine, coastal, or com14 prehensive conservation management 

15 plan, including fisheries monitoring. 

16 ‘‘(IV) Programs to promote tour17 ism in a Gulf Coast State, including 

18 recreational charter fishing and rec19 reational fishing. 

20 ‘‘(V) Programs to promote the 

21 consumption of seafood produced from 

22 the Gulf Coast region. 

23 ‘‘(VI) Programs to promote edu24 cation regarding the natural resources 

25 of the Gulf Coast region. 


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1 ‘‘(VII) Planning assistance. 

2 ‘‘(VIII) Workforce development, 

3 job creation, and other economic de4 velopment projects. 

5 ‘‘(IX) Improvements to or upon 

6 State parks located in coastal areas 

7 affected by the Deepwater Horizon oil 

8 spill. 

9 ‘‘(X) Mitigation of the ecological 

10 and economic impact of outer Conti11 nental Shelf activities and the impacts 

12 of the Deepwater Horizon oil spill or 

13 promotion of the long-term ecological 

14 or economic recovery of the Gulf 

15 Coast region through the funding of 

16 infrastructure projects. 

17 ‘‘(XI) Coastal flood protection 

18 and infrastructure directly affected by 

19 coastal wetland losses, beach erosion, 

20 or the impacts of the Deepwater Hori21 zon oil spill. 

22 ‘‘(XII) Administrative costs of 

23 complying with this subsection. 

24 ‘‘(ii) LIMITATION.— 


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1 ‘‘(I) IN GENERAL.—Of the 

2 amounts received by a Gulf Coast 

3 State under this subsection, not more 

4 than 3 percent may be used for ad5 ministrative costs eligible under clause 

6 (i)(XII). 

7 ‘‘(II) PROHIBITION ON USE FOR

8 IMPORTED SEAFOOD.—None of the 

9 funds made available under this sub10 section shall be used for any program 

11 to support or promote imported sea12 food or any seafood product that is 

13 not harvested from the Gulf Coast re14 gion. 

15 ‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— 

16 ‘‘(i) IN GENERAL.—In the case of a 

17 State where the coastal zone includes the 

18 entire State— 

19 ‘‘(I) 75 percent of funding shall 

20 be provided to the 8 disproportion21 ately affected counties impacted by 

22 the Deepwater Horizon oil spill; and 

23 ‘‘(II) 25 percent shall be provided 

24 to nondisproportionately impacted 

25 counties within the State. 


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1 ‘‘(ii) LOUISIANA.—Of the total 

2 amounts made available to the State of 

3 Louisiana under this paragraph: 

4 ‘‘(I) 70 percent shall be provided 

5 directly to the State in accordance 

6 with this subsection. 

7 ‘‘(II) 30 percent shall be provided 

8 directly to parishes in the coastal zone 

9 (as defined in section 304 of the 

10 Coastal Zone Management Act of 

11 1972 (16 U.S.C. 1453)) of the State 

12 of Louisiana according to the fol13 lowing weighted formula: 

14 ‘‘(aa) 40 percent based on 

15 the weighted average of miles of 

16 the parish shoreline oiled. 

17 ‘‘(bb) 40 percent based on 

18 the weighted average of the pop19 ulation of the parish. 

20 ‘‘(cc) 20 percent based on 

21 the weighted average of the land 

22 mass of the parish. 

23 ‘‘(iii) CONDITIONS.— 

24 ‘‘(I) LAND USE PLAN.—As a con25 dition of receiving amounts allocated 


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1 under clause (ii), the chief executive 

2 of the eligible parish shall certify to 

3 the Governor of the State that the 

4 parish has completed a comprehensive 

5 land use plan. 

6 ‘‘(II) OTHER CONDITIONS.—A 

7 coastal political subdivision receiving 

8 funding under this paragraph shall 

9 meet all of the conditions in subpara10 graph (D). 

11 ‘‘(D) CONDITIONS.—As a condition of re12 ceiving amounts from the Trust Fund, a Gulf 

13 Coast State, including the entities described in 

14 subparagraph (E), or a coastal political subdivi15 sion shall— 

16 ‘‘(i) agree to meet such conditions, in17 cluding audit requirements, as the Sec18 retary of the Treasury determines nec19 essary to ensure that amounts disbursed 

20 from the Trust Fund will be used in ac21 cordance with this subsection; 

22 ‘‘(ii) certify in such form and in such 

23 manner as the Secretary of the Treasury 

24 determines necessary that the project or 

25 program for which the Gulf Coast State or 


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1 coastal political subdivision is requesting 

2 amounts— 

3 ‘‘(I) is designed to restore and 

4 protect the natural resources, eco5 systems, fisheries, marine and wildlife 

6 habitats, beaches, coastal wetlands, or 

7 economy of the Gulf Coast; 

8 ‘‘(II) carries out one or more of 

9 the activities described in subpara10 graph (B)(i); 

11 ‘‘(III) was selected based on 

12 meaningful input from the public, in13 cluding public scoping, planning, com14 ment, and broad-based participation 

15 from individuals, businesses, and non16 profit organizations; and 

17 ‘‘(IV) in the case of a natural re18 source protection or restoration 

19 project, is based on the best available 

20 science; 

21 ‘‘(iii) certify that the project or pro22 gram and the awarding of a contract for 

23 the expenditure of amounts received under 

24 this paragraph are consistent with the 

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1 tions governing a comparable project or 

2 program in that State, including all appli3 cable competitive bidding and audit re4 quirements; and 

5 ‘‘(iv) develop and submit a multiyear 

6 implementation plan for the use of such 

7 amounts. 

8 ‘‘(E) APPROVAL BY STATE ENTITY, TASK

9 FORCE, OR AGENCY.—The following Gulf Coast 

10 State entities, task forces, or agencies shall 

11 carry out the duties of a Gulf Coast State pur12 suant to this paragraph: 

13 ‘‘(i) ALABAMA.— 

14 ‘‘(I) IN GENERAL.—In the State 

15 of Alabama, the Alabama Gulf Coast 

16 Recovery Council, which shall be com17 prised of only the following: 

18 ‘‘(aa) The Governor of Ala19 bama, who shall also serve as 

20 Chairperson and preside over the 

21 meetings of the Alabama Gulf 

22 Coast Recovery Council. 

23 ‘‘(bb) The Director of the 

24 Alabama State Port Authority, 

25 who shall also serve as Vice 


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1 Chairperson and preside over the 

2 meetings of the Alabama Gulf 

3 Coast Recovery Council in the 

4 absence of the Chairperson. 

5 ‘‘(cc) The Chairman of the 

6 Baldwin County Commission. 

7 ‘‘(dd) The President of the 

8 Mobile County Commission. 

9 ‘‘(ee) The Mayor of the city 

10 of Bayou La Batre. 

11 ‘‘(ff) The Mayor of the town 

12 of Dauphin Island. 

13 ‘‘(gg) The Mayor of the city 

14 of Fairhope. 

15 ‘‘(hh) The Mayor of the city 

16 of Gulf Shores. 

17 ‘‘(ii) The Mayor of the city 

18 of Mobile. 

19 ‘‘(jj) The Mayor of the city 

20 of Orange Beach. 

21 ‘‘(II) VOTE.—Each member of 

22 the Alabama Gulf Coast Recovery 

23 Council shall be entitled to 1 vote. 

24 ‘‘(III) MAJORITY VOTE.—All de25 cisions of the Alabama Gulf Coast ReVerDate Mar 15 2010 23:04 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3096.IH H3096

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1 covery Council shall be made by ma2 jority vote. 

3 ‘‘(ii) LOUISIANA.—In the State of 

4 Louisiana, the Coastal Protection and Res5 toration Authority of Louisiana. 

6 ‘‘(iii) MISSISSIPPI.—In the State of 

7 Mississippi, the Mississippi Department of 

8 Environmental Quality. 

9 ‘‘(F) COMPLIANCE WITH ELIGIBLE ACTIVI10 TIES.—If the Secretary of the Treasury deter11 mines that an expenditure by a Gulf Coast 

12 State or coastal political subdivision of amounts 

13 made available under this subsection does not 

14 meet one of the activities described in subpara15 graph (B)(i), the Secretary shall make no addi16 tional amounts from the Trust Fund available 

17 to that Gulf Coast State or coastal political 

18 subdivision until such time as an amount equal 

19 to the amount expended for the unauthorized 

20 use— 

21 ‘‘(i) has been deposited by the Gulf 

22 Coast State or coastal political subdivision 

23 in the Trust Fund; or 

24 ‘‘(ii) has been authorized by the Sec25 retary of the Treasury for expenditure by 


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1 the Gulf Coast State or coastal political 

2 subdivision for a project or program that 

3 meets the requirements of this subsection. 

4 ‘‘(G) COMPLIANCE WITH CONDITIONS.—If 

5 the Secretary of the Treasury determines that 

6 a Gulf Coast State or coastal political subdivi7 sion does not meet the requirements of this 

8 paragraph, including the conditions of subpara9 graph (D), where applicable, the Secretary of 

10 the Treasury shall make no amounts from the 

11 Trust Fund available to that Gulf Coast State 

12 or coastal political subdivision until all condi13 tions of this paragraph are met. 

14 ‘‘(H) PUBLIC INPUT.—In meeting any con15 dition of this paragraph, a Gulf Coast State 

16 may use an appropriate procedure for public 

17 consultation in that Gulf Coast State, including 

18 consulting with one or more established task 

19 forces or other entities, public scoping, plan20 ning, and comment, to develop recommenda21 tions for proposed projects and programs that 

22 would restore and protect the natural resources, 

23 ecosystems, fisheries, marine and wildlife habi24 tats, beaches, coastal wetlands, and economy of 

25 the Gulf Coast. 


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1 ‘‘(I) PREVIOUSLY APPROVED PROJECTS

2 AND PROGRAMS.—A Gulf Coast State or coastal 

3 political subdivision shall be considered to have 

4 met the conditions of subparagraph (D) for a 

5 specific project or program if, before the date of 

6 enactment of the Resources and Ecosystems 

7 Sustainability, Tourist Opportunities, and Re8 vived Economies of the Gulf Coast States Act 

9 of 2011— 

10 ‘‘(i) the Gulf Coast State or coastal 

11 political subdivision has established condi12 tions for carrying out projects and pro13 grams that are substantively the same as 

14 the conditions described in subparagraph 

15 (D); and 

16 ‘‘(ii) the applicable project or program 

17 carries out one or more of the activities de18 scribed in subparagraph (B)(i). 

19 ‘‘(J) CONSULTATION WITH COUNCIL.—In 

20 carrying out this paragraph, each Gulf Coast 

21 State shall identify large-scale projects that 

22 may be jointly supported by that Gulf Coast 

23 State and by the Council pursuant to the Com24 prehensive Plan with amounts provided under 

25 this paragraph. 


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1 ‘‘(K) NON-FEDERAL MATCHING FUNDS.— 

2 ‘‘(i) IN GENERAL.—A Gulf Coast 

3 State or coastal political subdivision may 

4 use, in whole or in part, amounts made 

5 available to that Gulf Coast State from the 

6 Trust Fund to satisfy the non-Federal 

7 share of the cost of any project or program 

8 authorized by Federal law that meets the 

9 eligible use requirements under subpara10 graph (B)(i). 

11 ‘‘(ii) EFFECT ON OTHER FUNDS.— 

12 The use of funds made available from the 

13 Trust Fund to satisfy the non-Federal 

14 share of the cost of a project or program 

15 that meets the requirements of clause (i) 

16 shall not affect the priority in which other 

17 Federal funds are allocated or awarded. 

18 ‘‘(L) LOCAL PREFERENCE.—In awarding 

19 contracts to carry out a project or program 

20 under this paragraph, a Gulf Coast State or 

21 coastal political subdivision may give a pref22 erence to individuals and companies that reside 

23 in, are headquartered in, or are principally en24 gaged in business in the State of project execu25 tion. 


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1 ‘‘(M) UNUSED FUNDS.—Any funds not 

2 identified in an implementation plan by a State 

3 or coastal political subdivision in accordance 

4 with subparagraph (D)(iv) shall remain in the 

5 Trust Fund until such time as the State or 

6 coastal political subdivision to which the funds 

7 have been allocated develops and submits a plan 

8 identifying uses for those funds in accordance 

9 with subparagraph (D)(iv). 

10 ‘‘(N) JUDICIAL REVIEW.—If the Secretary 

11 of the Treasury determines that a Gulf Coast 

12 State or coastal political subdivision does not 

13 meet the requirements of this paragraph, in14 cluding the conditions of subparagraph (D), the 

15 Gulf Coast State or coastal political subdivision 

16 may obtain expedited judicial review within 90 

17 days after that decision in a district court of 

18 the United States, of appropriate jurisdiction 

19 and venue, that is located within the State 

20 seeking such review. 

21 ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA22 TION.— 

23 ‘‘(A) IN GENERAL.—Of the total amount 

24 made available in any fiscal year from the 

25 Trust Fund, 60 percent shall be disbursed to 


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1 the Council to carry out the Comprehensive 

2 Plan and projects, programs, and activities ap3 proved pursuant to paragraph (3)(B)(iv). 

4 ‘‘(B) COUNCIL EXPENDITURES.— 

5 ‘‘(i) IN GENERAL.—In accordance 

6 with this paragraph, the Council shall ex7 pend funds made available from the Trust 

8 Fund to undertake projects and programs 

9 that would restore and protect the natural 

10 resources, ecosystems, fisheries, marine 

11 and wildlife habitats, beaches, coastal wet12 lands, and economy of the Gulf Coast. 

13 ‘‘(ii) ALLOCATION AND EXPENDITURE

14 PROCEDURES.—The Secretary of the 

15 Treasury shall develop such conditions, in16 cluding audit requirements, as the Sec17 retary of the Treasury determines nec18 essary to ensure that amounts disbursed 

19 from the Trust Fund to the Council to im20 plement the Comprehensive Plan will be 

21 used in accordance with this paragraph. 

22 ‘‘(iii) ADMINISTRATIVE EXPENSES.— 

23 Of the amounts received by the Council 

24 under this paragraph, not more than 3 


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1 percent may be used for administrative ex2 penses. 

3 ‘‘(C) GULF COAST ECOSYSTEM RESTORA4 TION COUNCIL.— 

5 ‘‘(i) ESTABLISHMENT.—There is es6 tablished as an independent entity in the 

7 Federal Government a council to be known 

8 as the ‘Gulf Coast Ecosystem Restoration 

9 Council’. 

10 ‘‘(ii) MEMBERSHIP.—The Council 

11 shall consist of the following members, or 

12 in the case of a Federal agency, a designee 

13 at the level of the Assistant Secretary or 

14 the equivalent: 

15 ‘‘(I) The Chair of the Council on 

16 Environmental Quality. 

17 ‘‘(II) The Secretary of the Inte18 rior. 

19 ‘‘(III) The Secretary of the 

20 Army. 

21 ‘‘(IV) The Secretary of Com22 merce. 

23 ‘‘(V) The Administrator of the 

24 Environmental Protection Agency. 


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1 ‘‘(VI) The Secretary of Agri2 culture. 

3 ‘‘(VII) The head of the depart4 ment in which the Coast Guard is op5 erating. 

6 ‘‘(VIII) The Governor of the 

7 State of Alabama. 

8 ‘‘(IX) The Governor of the State 

9 of Florida. 

10 ‘‘(X) The Governor of the State 

11 of Louisiana. 

12 ‘‘(XI) The Governor of the State 

13 of Mississippi. 

14 ‘‘(XII) The Governor of the State 

15 of Texas. 

16 ‘‘(iii) ALTERNATE.—A Governor ap17 pointed to the Council by the President 

18 may designate an alternate to represent 

19 the Governor on the Council and vote on 

20 the Governor’s behalf. 

21 ‘‘(iv) CHAIRPERSON.—From among 

22 the Federal agency members of the Coun23 cil, the representatives of States on the 

24 Council shall select, and the President 


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1 shall appoint, 1 Federal member to serve 

2 as Chairperson of the Council. 

3 ‘‘(v) PRESIDENTIAL APPOINTMENT.— 

4 All Council members shall be appointed by 

5 the President. 

6 ‘‘(vi) COUNCIL ACTIONS.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subclause (IV), significant actions by 

9 the Council shall require the affirma10 tive vote of the Chairperson and a 

11 majority of the State members to be 

12 effective. 

13 ‘‘(II) INCLUSIONS.—Significant 

14 actions include— 

15 ‘‘(aa) approval of a Com16 prehensive Plan and future revi17 sions to a Comprehensive Plan; 

18 ‘‘(bb) approval of State 

19 plans pursuant to paragraph 

20 (3)(B)(iv); and 

21 ‘‘(cc) approval of reports to 

22 be submitted to Congress pursu23 ant to clause (vii)(X). 

24 ‘‘(III) QUORUM.—A quorum of 

25 State members shall be required to be 


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1 present for the Council to take any 

2 significant action. 

3 ‘‘(IV) AFFIRMATIVE VOTE RE4 QUIREMENT DEEMED MET.—For ap5 proval of State plans pursuant to 

6 paragraph (3)(B)(iv), the certification 

7 by a State member of the Council that 

8 the plan satisfies all requirements of 

9 clauses (i) and (ii) of paragraph 

10 (3)(B), when joined by an affirmative 

11 vote of the Chairperson of the Coun12 cil, is deemed to satisfy the require13 ments for affirmative votes under sub14 clause (I). 

15 ‘‘(V) PUBLIC TRANSPARENCY.— 

16 Appropriate actions of the Council, in17 cluding significant actions and associ18 ated deliberations, shall be made 

19 available to the public via electronic 

20 means prior to any vote. 

21 ‘‘(vii) DUTIES OF COUNCIL.—The 

22 Council shall— 

23 ‘‘(I) develop the Comprehensive 

24 Plan and future revisions to the Com25 prehensive Plan; 


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1 ‘‘(II) identify as soon as prac2 ticable the projects that— 

3 ‘‘(aa) have been authorized 

4 prior to the date of enactment of 

5 this subsection but not yet com6 menced; and 

7 ‘‘(bb) if implemented quick8 ly, would restore and protect the 

9 natural resources, ecosystems, 

10 fisheries, marine and wildlife 

11 habitats, beaches, barrier islands, 

12 dunes, and coastal wetlands of 

13 the Gulf Coast region; 

14 ‘‘(III) coordinate the development 

15 of consistent policies, strategies, 

16 plans, and activities by Federal agen17 cies, State and local governments, and 

18 private sector entities for addressing 

19 the restoration and protection of the 

20 Gulf Coast region; 

21 ‘‘(IV) establish such other advi22 sory committee or committees as may 

23 be necessary to assist the Council, in24 cluding to address public policy and 

25 scientific issues; 


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1 ‘‘(V) coordinate scientific and 

2 other research associated with restora3 tion of the Gulf Coast region; 

4 ‘‘(VI) seek to ensure that all poli5 cies, strategies, plans, and activities 

6 for addressing the restoration of the 

7 Gulf Coast region are based on the 

8 best available physical, ecological, and 

9 economic data; 

10 ‘‘(VII) make recommendations to 

11 address the particular needs of espe12 cially economically and socially vulner13 able populations; 

14 ‘‘(VIII) develop standard terms 

15 to include in contracts for projects 

16 and programs awarded pursuant to 

17 the Comprehensive Plan that provide 

18 a preference to individuals and com19 panies that reside in, are headquar20 tered in, or are principally engaged in 

21 business in a Gulf Coast State; 

22 ‘‘(IX) prepare an integrated fi23 nancial plan and recommendations for 

24 coordinated budget requests for the 

25 amounts proposed to be expended by 


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1 the Federal agencies represented on 

2 the Council for projects and programs 

3 in the Gulf Coast States; and 

4 ‘‘(X) submit an annual report to 

5 Congress that— 

6 ‘‘(aa) summarizes the poli7 cies, strategies, plans, and activi8 ties for addressing the restora9 tion and protection of the Gulf 

10 Coast region; 

11 ‘‘(bb) describes the projects 

12 and programs being implemented 

13 to restore and protect the Gulf 

14 Coast region; and 

15 ‘‘(cc) makes such rec16 ommendations to Congress for 

17 modifications of existing laws as 

18 the Council determines necessary 

19 to implement the Comprehensive 

20 Plan. 

21 ‘‘(viii) APPLICATION OF FEDERAL AD22 VISORY COMMITTEE ACT.—The Council, or 

23 any other advisory committee established 

24 under this subparagraph, shall not be con25 sidered an advisory committee under the 


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1 Federal Advisory Committee Act (5 U.S.C. 

2 App.). 

3 ‘‘(ix) SUNSET.—The Council, or any 

4 other advisory committee established under 

5 this subparagraph, shall cease operations 

6 when all funds in the Trust Fund have 

7 been expended. 

8 ‘‘(D) COMPREHENSIVE PLAN.— 

9 ‘‘(i) PROPOSED PLAN.— 

10 ‘‘(I) IN GENERAL.—Not later 

11 than 180 days after the date of enact12 ment of the Resources and Eco13 systems Sustainability, Tourist Op14 portunities, and Revived Economies of 

15 the Gulf Coast States Act of 2011, 

16 the Chairperson, on behalf of the 

17 Council and after appropriate public 

18 input, review, and comment, shall 

19 publish a proposed plan to restore and 

20 protect the natural resources, eco21 systems, fisheries, marine and wildlife 

22 habitats, beaches, and coastal wet23 lands of the Gulf Coast region. 

24 ‘‘(II) CONTENTS.—The proposed 

25 plan described in subclause (I) shall 


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1 include and incorporate the findings 

2 and information prepared by the 

3 President’s Gulf Coast Restoration 

4 Task Force. 

5 ‘‘(ii) PUBLICATION.— 

6 ‘‘(I) INITIAL PLAN.—Not later 

7 than 1 year after the date of enact8 ment of the Resources and Eco9 systems Sustainability, Tourist Op10 portunities, and Revived Economies of 

11 the Gulf Coast States Act of 2011 

12 and after notice and opportunity for 

13 public comment, the Chairperson, on 

14 behalf of the Council and after ap15 proval by the Council, shall publish in 

16 the Federal Register the initial Com17 prehensive Plan to restore and protect 

18 the natural resources, ecosystems, 

19 fisheries, marine and wildlife habitats, 

20 beaches, and coastal wetlands of the 

21 Gulf Coast region. 

22 ‘‘(II) COOPERATION WITH GULF

23 COAST RESTORATION TASK FORCE.— 

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1 tion with the President’s Gulf Coast 

2 Restoration Task Force. 

3 ‘‘(III) CONSIDERATIONS.—In de4 veloping the initial Comprehensive 

5 Plan, the Council shall consider all 

6 relevant findings or reports submitted 

7 by a center of excellence participating 

8 in the Gulf Coast Ecosystem Restora9 tion Science, Monitoring, and Tech10 nology Program established pursuant 

11 to section 5(c) of the Resources and 

12 Ecosystems Sustainability, Tourist 

13 Opportunities, and Revived Economies 

14 of the Gulf Coast States Act of 2011. 

15 ‘‘(IV) CONTENTS.—The initial 

16 Comprehensive Plan shall include— 

17 ‘‘(aa) such provisions as are 

18 necessary to fully incorporate in 

19 the Comprehensive Plan the 

20 strategy, projects, and programs 

21 recommended by the President’s 

22 Gulf Coast Restoration Task 

23 Force; 

24 ‘‘(bb) a list of any project or 

25 program authorized prior to the 


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1 date of enactment of this sub2 section but not yet commenced, 

3 the completion of which would 

4 further the purposes and goals of 

5 this subsection and of the Re6 sources and Ecosystems Sustain7 ability, Tourist Opportunities, 

8 and Revived Economies of the 

9 Gulf Coast States Act of 2011; 

10 ‘‘(cc) a description of the 

11 manner in which amounts from 

12 the Trust Fund projected to be 

13 made available to the Council for 

14 the succeeding 10 years will be 

15 allocated; and 

16 ‘‘(dd) subject to available 

17 funding in accordance with clause 

18 (iii), a prioritized list of specific 

19 projects and programs to be 

20 funded and carried out during 

21 the 3-year period immediately 

22 following the date of publication 

23 of the initial Comprehensive 

24 Plan, including a table that illus25 trates the distribution of projects 


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1 and programs by Gulf Coast 

2 State. 

3 ‘‘(V) PLAN UPDATES.—The 

4 Council shall update— 

5 ‘‘(aa) the Comprehensive 

6 Plan every 5 years in a manner 

7 comparable to the manner estab8 lished in this subparagraph for 

9 each 5-year period for which 

10 amounts are expected to be made 

11 available to the Gulf Coast States 

12 from the Trust Fund; and 

13 ‘‘(bb) the 3-year list of 

14 projects and programs described 

15 in subclause (IV)(dd) annually. 

16 ‘‘(iii) RESTORATION PRIORITIES.—Ex17 cept for projects and programs described 

18 in subclause (IV)(bb), in selecting projects 

19 and programs to include on the 3-year list 

20 described in subclause (IV)(dd), based on 

21 the best available science, the Council shall 

22 give highest priority to projects that ad23 dress one or more of the following criteria: 

24 ‘‘(I) Projects that are projected 

25 to make the greatest contribution to 


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1 restoring and protecting the natural 

2 resources, ecosystems, fisheries, ma3 rine and wildlife habitats, beaches, 

4 and coastal wetlands of the Gulf 

5 Coast region, without regard to geo6 graphic location. 

7 ‘‘(II) Large-scale projects and 

8 programs that are projected to sub9 stantially contribute to restoring and 

10 protecting the natural resources, eco11 systems, fisheries, marine and wildlife 

12 habitats, beaches, and coastal wet13 lands of the Gulf Coast region. 

14 ‘‘(III) Projects contained in exist15 ing Gulf Coast State comprehensive 

16 plans for the restoration and protec17 tion of natural resources, ecosystems, 

18 fisheries, marine and wildlife habitats, 

19 beaches, and coastal wetlands of the 

20 Gulf Coast region. 

21 ‘‘(IV) Projects that restore long22 term resiliency of the natural re23 sources, ecosystems, fisheries, marine 

24 and wildlife habitats, beaches, and 


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1 coastal wetlands most impacted by the 

2 Deepwater Horizon oil spill. 

3 ‘‘(E) IMPLEMENTATION.— 

4 ‘‘(i) IN GENERAL.—The Council, act5 ing through the Federal agencies rep6 resented on the Council and Gulf Coast 

7 States, may carry out projects and pro8 grams adopted in the Comprehensive Plan. 

9 ‘‘(ii) ADMINISTRATIVE RESPONSI10 BILITY.— 

11 ‘‘(I) IN GENERAL.—Primary au12 thority and responsibility for each 

13 project and program included in the 

14 Comprehensive Plan shall be assigned 

15 by the Council to a Gulf Coast State 

16 represented on the Council or a Fed17 eral agency. 

18 ‘‘(II) TRANSFER OF AMOUNTS.— 

19 Amounts necessary to carry out each 

20 project or program included in the 

21 Comprehensive Plan shall be trans22 ferred by the Secretary of the Treas23 ury from the Trust Fund to that Fed24 eral agency or Gulf Coast State as the 

25 project or program is implemented, 


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1 subject to such conditions as the Sec2 retary of the Treasury, in consultation 

3 with the Secretary of the Interior and 

4 the Secretary of Commerce, estab5 lished pursuant to section 3 of the Re6 sources and Ecosystems Sustain7 ability, Tourist Opportunities, and Re8 vived Economies of the Gulf Coast 

9 States Act of 2011. 

10 ‘‘(iii) COST SHARING.— 

11 ‘‘(I) IN GENERAL.—A Gulf Coast 

12 State or coastal political subdivision 

13 may use, in whole or in part, amounts 

14 made available to that Gulf Coast 

15 State or coastal political subdivision 

16 from the Trust Fund to satisfy the 

17 non-Federal share of the cost of car18 rying out a project or program that— 

19 ‘‘(aa) is authorized by other 

20 Federal law; and 

21 ‘‘(bb) meets the criteria of 

22 this paragraph. 

23 ‘‘(II) INCLUSION IN COMPREHEN24 SIVE PLAN.—A project or program de25 scribed in subclause (I) shall be seVerDate Mar 15 2010 23:04 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3096.IH H3096

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1 lected and adopted by the Council as 

2 part of the Comprehensive Plan in the 

3 manner described in this paragraph. 

4 ‘‘(F) COORDINATION.—The Council and 

5 the Federal members of the Council may de6 velop memorandums of understanding estab7 lishing integrated funding and implementation 

8 plans among the member agencies and authori9 ties. 

10 ‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA11 TION.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 paragraph (4), of the total amount made avail14 able to the Council under paragraph (2) in any 

15 fiscal year from the Trust Fund, 50 percent 

16 shall be disbursed by the Council as follows: 

17 ‘‘(i) FORMULA.—Subject to subpara18 graph (B), for each Gulf Coast State, the 

19 amount disbursed under this paragraph 

20 shall be based on a formula established by 

21 the Council by regulation that is based on 

22 a weighted average of the following cri23 teria: 

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1 line in each Gulf Coast State that ex2 perienced oiling on or before April 10, 

3 2011, compared to the total number 

4 of miles of shoreline that experienced 

5 oiling as a result of the Deepwater 

6 Horizon oil spill. 

7 ‘‘(II) 40 percent based on the in8 verse proportion of the average dis9 tance from the Deepwater Horizon 

10 mobile offshore drilling unit at the 

11 time of the explosion to the nearest 

12 and farthest point of the shoreline 

13 that experienced oiling of each Gulf 

14 Coast State. 

15 ‘‘(III) 20 percent based on the 

16 average population in the 2010 decen17 nial census of coastal counties bor18 dering the Gulf of Mexico within each 

19 Gulf Coast State. 

20 ‘‘(ii) MINIMUM ALLOCATION.—The 

21 amount disbursed to a Gulf Coast State 

22 for each fiscal year under clause (i) shall 

23 be at least 5 percent of the total amounts 

24 made available under this paragraph. 


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1 ‘‘(B) APPROVAL OF PROJECTS AND PRO2 GRAMS.— 

3 ‘‘(i) IN GENERAL.—The Council shall 

4 disburse amounts to the respective Gulf 

5 Coast States in accordance with the for6 mula developed under subparagraph (A) 

7 for projects, programs, and activities that 

8 will improve the ecosystems or economy of 

9 the Gulf Coast region, subject to the condi10 tion that each Gulf Coast State submits a 

11 plan for the expenditure of amounts dis12 bursed under this paragraph which meet 

13 the following criteria: 

14 ‘‘(I) All projects, programs, and 

15 activities included in that plan are eli16 gible activities pursuant to paragraph 

17 (1)(B)(i). 

18 ‘‘(II) The projects, programs, 

19 and activities included in that plan 

20 contribute to the overall economic and 

21 ecological recovery of the Gulf Coast 

22 region. 

23 ‘‘(III) The plan is consistent with 

24 the goals and objectives described in 

25 paragraph (2)(B)(i). 


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1 ‘‘(ii) FUNDING.— 

2 ‘‘(I) IN GENERAL.—Except as 

3 provided in subclause (II), the plan 

4 described in clause (i) may use not 

5 more than 25 percent of the funding 

6 made available for infrastructure 

7 projects eligible under subclauses (X) 

8 and (XI) of paragraph (1)(B)(i). 

9 ‘‘(II) EXCEPTION.—The plan de10 scribed in clause (i) may propose to 

11 use more than 25 percent of the fund12 ing made available for infrastructure 

13 projects eligible under subclauses (X) 

14 and (XI) of paragraph (1)(B)(i) if the 

15 plan certifies that— 

16 ‘‘(aa) ecosystem restoration 

17 needs in the State will be ad18 dressed by the projects in the 

19 proposed plan; and 

20 ‘‘(bb) additional investment 

21 in infrastructure is required to 

22 mitigate the impacts of the Deep23 water Horizon oil spill to the eco24 system or economy. 


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1 ‘‘(iii) DEVELOPMENT.—The plan de2 scribed in clause (i) shall be developed 

3 by— 

4 ‘‘(I) in the State of Alabama, the 

5 Alabama Gulf Coast Recovery Council 

6 established under paragraph (1)(E)(i); 

7 ‘‘(II) in the State of Florida, a 

8 consortia of local political subdivisions 

9 to include at a minimum 1 representa10 tive of each affected county; 

11 ‘‘(III) in the State of Louisiana, 

12 the Coastal Protection and Restora13 tion Authority of Louisiana; 

14 ‘‘(IV) in the State of Texas, the 

15 Office of the Governor or an ap16 pointee of the Office of the Governor; 

17 and 

18 ‘‘(V) in the State of Mississippi, 

19 the Office of the Governor or an ap20 pointee of the Office of the Governor. 

21 ‘‘(iv) APPROVAL.—Not later than 60 

22 days after the date on which a plan is sub23 mitted under clause (i), the Council shall 

24 approve or disapprove the plan based on 

25 the conditions of clause (i). 


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1 ‘‘(C) DISAPPROVAL.—If the Council dis2 approves a plan pursuant to subparagraph 

3 (B)(iv), the Council shall— 

4 ‘‘(i) provide the reasons for dis5 approval in writing; and 

6 ‘‘(ii) consult with the State to address 

7 any identified deficiencies with the State 

8 plan. 

9 ‘‘(D) FAILURE TO SUBMIT ADEQUATE

10 PLAN.—If a State fails to submit an adequate 

11 plan under this paragraph, any funds made 

12 available under this paragraph shall remain in 

13 the Trust Fund until such date as a plan is 

14 submitted and approved pursuant to this para15 graph. 

16 ‘‘(E) JUDICIAL REVIEW.—If the Council 

17 fails to approve or take action within 60 days 

18 on a plan described in subparagraph (B)(iv), 

19 the State may obtain expedited judicial review 

20 within 90 days of that decision in a district 

21 court of the United States, of appropriate juris22 diction and venue, that is located within the 

23 State seeking such review. 

24 ‘‘(4) AUTHORIZATION OF INTEREST TRANS25 FERS.— 


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1 ‘‘(A) IN GENERAL.—Of the total amount 

2 made available in any fiscal year from the 

3 Trust Fund, an amount equal to 50 percent of 

4 the interest earned by the Trust Fund and pro5 ceeds from investments made by the Trust 

6 Fund for the preceding fiscal year shall be 

7 transferred to the Gulf of Mexico Research En8 dowment established by subparagraph (B). 

9 ‘‘(B) GULF OF MEXICO RESEARCH ENDOW10 MENT.— 

11 ‘‘(i) IN GENERAL.—There is estab12 lished in the Treasury of the United States 

13 a trust fund to be known as the ‘Gulf of 

14 Mexico Research Endowment’, to be ad15 ministered by the Secretary of Commerce, 

16 solely for use in providing long-term fund17 ing in accordance with section 5 of the Re18 sources and Ecosystems Sustainability, 

19 Tourist Opportunities, and Revived Econo20 mies of the Gulf Coast States Act of 2011. 

21 ‘‘(ii) INVESTMENT.—Amounts in the 

22 Gulf of Mexico Research Endowment shall 

23 be invested in accordance with section 

24 9602 of the Internal Revenue Code of 

25 1986, and any interest on, and proceeds 


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1 from, any such investment shall be avail2 able for expenditure and shall be allocated 

3 in equal portions to the Gulf Coast Eco4 system Restoration Science, Monitoring, 

5 and Technology Program and Fisheries 

6 Endowment established in section 5 of the 

7 Resources and Ecosystems Sustainability, 

8 Tourist Opportunities, and Revived Econo9 mies of the Gulf Coast States Act of 

10 2011.’’. 

11 SEC. 5. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 

12 OBSERVATION, MONITORING, AND TECH13 NOLOGY PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the National 

17 Oceanic and Atmospheric Administration. 

18 (2) COUNCIL.—The term ‘‘Council’’ has the 

19 meaning given such term in section 311 of the Fed20 eral Water Pollution Control Act (33 U.S.C. 1321), 

21 as added by section 4 of this Act. 

22 (3) FISHERIES AND ECOSYSTEM ENDOW23 MENT.—The term ‘‘Fisheries and Ecosystem En24 dowment’’ means the endowment established by sub25 section (d). 


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1 (4) GULF COAST REGION.—The term ‘‘Gulf 

2 Coast region’’ has the meaning given such term in 

3 section 311 of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1321), as added by section 4 of this 

5 Act. 

6 (5) GULF COAST STATE.—The term ‘‘Gulf 

7 Coast State’’ has the meaning given such term in 

8 section 311 of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1321), as added by section 4 of this 

10 Act. 

11 (6) PROGRAM.—The term ‘‘Program’’ means 

12 the Gulf Coast Ecosystem Restoration Science, Ob13 servation, Monitoring, and Technology Program es14 tablished by subsection (b). 

15 (b) ESTABLISHMENT OF PROGRAM.—There is estab16 lished within the National Oceanic and Atmospheric Ad17 ministration a program to be known as the ‘‘Gulf Coast 

18 Ecosystem Restoration Science, Observation, Monitoring, 

19 and Technology Program’’, to be carried out by the Ad20 ministrator. 

21 (c) CENTERS OF EXCELLENCE.— 

22 (1) IN GENERAL.—In carrying out the Pro23 gram, the Administrator shall make grants in ac24 cordance with paragraph (2) to establish and oper25 ate 5 centers of excellence, one of which shall be loVerDate Mar 15 2010 23:04 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3096.IH H3096

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1 cated in each of the States of Alabama, Florida, 

2 Louisiana, Mississippi, and Texas. 

3 (2) GRANTS.— 

4 (A) IN GENERAL.—The Administrator 

5 shall use the amounts made available to carry 

6 out this section to award competitive grants to 

7 nongovernmental entities and consortia in the 

8 Gulf Coast region (including public and private 

9 institutions of higher education) for the estab10 lishment of centers of excellence as described in 

11 paragraph (1). 

12 (B) APPLICATION.—To be eligible to re13 ceive a grant under this paragraph, an entity or 

14 consortium described in subparagraph (A) shall 

15 submit to the Administrator an application at 

16 such time, in such manner, and containing such 

17 information as the Administrator determines to 

18 be appropriate. 

19 (C) PRIORITY.—In awarding grants under 

20 this paragraph, the Administrator shall give 

21 priority to entities and consortia that dem22 onstrate the ability to establish the broadest 

23 cross-section of participants with interest and 

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1 graph (3) on which the proposed curriculum of 

2 the center of excellence will be focused. 

3 (D) PREFERENCE.—The Administrator 

4 shall award grants in a manner that provides a 

5 preference to entities and consortia that are 

6 principally led by, are headquartered in, or are 

7 principally engaged in research in a Gulf Coast 

8 State and shall include representatives from re9 search universities that are engaged in marine 

10 and ocean science, deltaic sustainability, or gulf 

11 coast restoration in the applicable Gulf Coast 

12 State. 

13 (3) DISCIPLINES.—Each center of excellence 

14 shall focus the curriculum of the center on science, 

15 technology, and monitoring in at least one of the fol16 lowing disciplines: 

17 (A) Coastal and deltaic sustainability, res18 toration, and protection, including solutions and 

19 technology that allow citizens to live safely and 

20 sustainably in a coastal delta. 

21 (B) Coastal fisheries and wildlife eco22 system research and monitoring. 

23 (C) Offshore energy development, including 

24 research and technology to improve the sustain25 able and safe development of energy resources. 


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1 (D) Sustainable and resilient growth, eco2 nomic and commercial development in the Gulf 

3 Coast. 

4 (E) Comprehensive observation, moni5 toring, and mapping of the Gulf of Mexico. 

6 (4) COORDINATION WITH OTHER PROGRAMS.— 

7 The Administrator shall develop a plan for the co8 ordination of projects and activities between the Pro9 gram and other existing Federal and State science 

10 and technology programs in the States of Alabama, 

11 Florida, Louisiana, Mississippi, and Texas, as well 

12 as between the centers of excellence. 

13 (d) ESTABLISHMENT OF FISHERIES AND ECOSYSTEM

14 ENDOWMENT.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this Act, the Council 

17 shall establish a fishery and ecosystem endowment 

18 to ensure, to the maximum extent practicable, the 

19 long-term sustainability of the ecosystem, fish 

20 stocks, fish habitat, and the recreational, commer21 cial, and charter fishing industries in the Gulf of 

22 Mexico. 

23 (2) EXPENDITURE OF FUNDS.—For each fiscal 

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1 section may be expended for, with respect to the 

2 Gulf of Mexico— 

3 (A) marine and estuarine research; 

4 (B) marine and estuarine ecosystem moni5 toring and ocean observation; 

6 (C) data collection and stock assessments; 

7 (D) pilot programs for— 

8 (i) fishery independent data; and 

9 (ii) reduction of exploitation of spawn10 ing aggregations; and 

11 (E) cooperative research. 

12 (3) ADMINISTRATION AND IMPLEMENTATION.— 

13 The Fisheries and Ecosystem Endowment shall be 

14 administered by the Administrator with guidance 

15 provided by the Regional Gulf of Mexico Fishery 

16 Management Council. 

17 (4) SPECIES INCLUDED.—The research, moni18 toring, assessment, and programs eligible for 

19 amounts made available under the Fisheries and 

20 Ecosystem Endowment shall include all marine, es21 tuarine, aquaculture, and fish species in State and 

22 Federal waters of the Gulf of Mexico. 

23 (5) RESEARCH PRIORITIES.—In distributing 

24 funding under this subsection, priority shall be given 

25 to integrated, long-term projects that— 


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1 (A) build on, or are coordinated with, re2 lated research activities; and 

3 (B) address current or anticipated marine 

4 ecosystem, fishery, or wildlife management in5 formation needs. 

6 (6) DUPLICATION.—In carrying out this sub7 section, the Administrator shall seek to avoid dupli8 cation of other research and monitoring activities. 

9 (7) LIMITATION ON EXPENDITURES.— 

10 (A) IN GENERAL.—Not more than 3 per11 cent of funds provided in subsection (e) shall be 

12 used by the Administrator for administrative 

13 expenses. 

14 (B) NOAA.—The funds provided in sub15 section (e) may not be used— 

16 (i) for any existing or planned re17 search headed by the National Oceanic and 

18 Atmospheric Administration, unless as 

19 agreed to in writing by the grant recipient 

20 entity; 

21 (ii) to implement existing regulations 

22 or to initiate new regulations promulgated 

23 or proposed by the National Oceanic and 

24 Atmospheric Administration; or 


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1 (iii) to develop or approve a new lim2 ited access privilege program (as that term 

3 is used in section 303A of the Magnuson4 Stevens Fishery Conservation and Manage5 ment Act) for any fishery under the juris6 diction of the South Atlantic, Mid-Atlantic, 

7 New England, or Gulf of Mexico Fishery 

8 Management Councils. 

9 (e) FUNDING.—Except as provided in section 

10 311(t)(4) of the Federal Water Pollution Control Act (33 

11 U.S.C. 1321(t)(4)), of the total amount made available for 

12 each fiscal year for the Gulf Coast Restoration Trust 

13 Fund established under section 3 of this Act, 5 percent 

14 shall be allocated in equal portions to the Program and 

15 the Fisheries and Ecosystem Endowment established by 

16 this section. 

17 (f) SUNSET.—Any entities established under this sec18 tion shall cease operations when all funds in the Gulf 

19 Coast Restoration Trust Fund established under section 

20 3 of this Act have been expended. 

21 SEC. 6. EFFECT. 

22 (a) IN GENERAL.—Nothing in this Act or any 

23 amendment made by this Act— 

24 (1) supersedes or otherwise affects any provi25 sion of Federal law, including, in particular, laws 


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1 providing recovery for injury to natural resources 

2 under the Oil Pollution Act of 1990 (33 U.S.C. 

3 2701 et seq.) and laws for the protection of public 

4 health and the environment; or 

5 (2) applies to any fine collected under section 

6 311 of the Federal Water Pollution Control Act (33 

7 U.S.C. 1321) for any incident other than the Deep8 water Horizon oil spill. 

9 (b) USE OF FUNDS.—Funds made available under 

10 this Act may be used only for eligible activities specifically 

11 authorized by this Act. 

12 (c) DEFINITION.—The term ‘‘Deepwater Horizon oil 

13 spill’’ has the meaning given such term in section 311 of 

14 the Federal Water Pollution Control Act (33 U.S.C. 

15 1321). 

16 SEC. 7. LAND ACQUISITION. 

17 None of the funds made available under this Act may 

18 be used for Federal land acquisition. 

Æ 


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