SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gulf of Mexico Eco-
nomic and Environmental Restoration Act of 2010’’. 
SEC. 2. GULF OF MEXICO RECOVERY COUNCIL. 
(a) ESTABLISHMENT.—There is established the Gulf 
of Mexico Recovery Council. 
(b) MEMBERSHIP.—The Council shall consist of each 
member of the Gulf Coast Ecosystem Restoration Task 
Force established by Executive Order 13554 (75 Fed. 
Reg. 62313). 
(c) CHAIR.—The Chair of the Council shall be the 
member designated as the Chair of the Gulf Coast Eco-
system Restoration Task Force under Executive Order 
13554 (75 Fed. Reg. 62313). 
(d) DUTIES OF THE COUNCIL.—The Council shall— 
(1) establish guidelines for State comprehensive 
restoration plans under section 4(b); 
(2) approve or disapprove State comprehensive 
restoration plans under section 4(d); 
(3) distribute funds under section 4(e) to States 
that have State comprehensive restoration plans ap-
proved under section 4(d); 
(4) annually review State comprehensive res-
toration plans under section 4(e)(2); 
(5) establish a Gulf of Mexico Observation Sys-
tem under section 5; 
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(6) establish a Gulf of Mexico sea grant pro-
gram under section 6; 
(7) establish a Gulf of Mexico seafood mar-
keting program under section 7; 
(8) establish a Gulf of Mexico clean energy pro-
gram under section 8; 
(9) establish a Gulf coast-based working group 
that includes representatives of members of the 
Council and other local agencies and representatives 
as appropriate for the purposes of recommending, 
coordinating, and implementing policies, programs, 
activities, and projects to accomplish Gulf coast eco-
nomic development, ecosystem restoration, and pub-
lic health rehabilitation under this Act; 
(10) coordinate the sharing of scientific infor-
mation and other research associated with Gulf 
coast economic development, ecosystem restoration, 
and public health rehabilitation; and 
(11) submit an annual report to Congress 
under subsection (e). 
(e) REPORT.—Not later than September 30 of each 
year, the Council shall submit to Congress a report that 
summarizes the activities of the Council and the policies, 
plans, activities, and projects carried out under this Act. 
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(f) NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Council or the working 
group established under subsection (d)(9). 
SEC. 3. GULF OF MEXICO ECONOMIC AND ENVIRONMENTAL 
RECOVERY FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
Gulf of Mexico Economic and Environmental Recovery 
Fund. 
(b) TRANSFERS
TO FUND.—Notwithstanding any 
other provision of law, the Secretary of the Treasury shall 
deposit into the Fund amounts equal to not less than 80 
percent of any amounts collected by the United States be-
fore, on, or after the date of the enactment of this Act 
as penalties, settlements, or fines under sections 309 and 
311 of the Federal Water Pollution Control Act (33 
U.S.C. 1319, 1321) in relation to the Gulf oil spill. 
(c) AUTHORIZED USES.— 
(1) IN GENERAL.—The Fund shall be available 
to the Council, as provided in appropriations Acts, 
only for activities related to Gulf coast economic de-
velopment, ecosystem restoration, and public health 
rehabilitation in accordance with this Act. 
(2) GRANTS TO STATES.— 
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(A) IN GENERAL.—The Council shall dis-
tribute 80 percent of the amounts made avail-
able for expenditure from the Fund in a fiscal 
year to the Gulf States to be used to carry out 
their respective State comprehensive restoration 
plans approved by the Council under section 
4(d)(2), in accordance with section 4(e). 
(B) PROPORTIONAL
DISTRIBUTION.—The 
Council shall allocate the amounts to be distrib-
uted to each Gulf State under this paragraph 
as follows: 
(i) 60 percent shall be allocated based 
on each Gulf State’s proportionate share of 
the length of Gulf coast shoreline in the 
Gulf States, as determined by the Council 
based on the most recently available data 
from, or accepted by, the Office of Coast 
Survey of the National Oceanic and At-
mospheric Administration. 
(ii) 40 percent shall be allocated based 
on each Gulf State’s proportionate share of 
the aggregate population of all counties 
contained in whole or in part within the 
designated Gulf coast boundaries of the 
Gulf States, as determined by the Council 
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based on the most recent United States 
census. 
(3) REGIONAL GRANTS.— 
(A) USE
OF
FUNDS.—The Council shall 
distribute the remaining 20 percent of the 
amounts made available for expenditure from 
the Fund in such fiscal year in the form of 
grants as follows: 
(i) 40 percent for the Gulf of Mexico 
Observation System established under sec-
tion 5. 
(ii) 15 percent for the Gulf of Mexico 
sea grant program established under sec-
tion 6. 
(iii) 15 percent for the Gulf of Mexico 
seafood marketing program established 
under section 7. 
(iv) 30 percent for the Gulf of Mexico 
clean energy program established under 
section 8. 
(B) CONSISTENCY
WITH
REGIONAL
ECO-
SYSTEM RESTORATION STRATEGY.—The Coun-
cil shall ensure that any funds made available 
under this paragraph are used for projects and 
activities that are not inconsistent with the re-
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gional ecosystem restoration strategy developed 
by the Gulf Coast Ecosystem Restoration Task 
Force established by Executive Order 13554 
(75 Fed. Reg. 62313). 
SEC. 4. STATE COMPREHENSIVE RESTORATION PLANS. 
(a) IN GENERAL.—In order to be eligible to receive 
funds under section 3(c)(2), a Gulf State shall submit to 
the Council a State comprehensive restoration plan re-
garding Gulf coast economic development, ecosystem res-
toration, and public health rehabilitation in the State, in 
accordance with this section. 
(b) GUIDELINES.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, and after pro-
viding notice and an opportunity for public com-
ment, the Council shall make available to the public 
guidelines for the development and submission of 
State comprehensive restoration plans under this 
section. 
(2) CONTENTS OF PLAN.— 
(A) IN GENERAL.—The Council shall re-
quire a State submitting a State comprehensive 
restoration plan under this section to ensure 
that the plan addresses the effects in the State 
of the Gulf oil spill with regards to the econ-
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omy, the environment, and public health, both 
physical and mental. 
(B) SPECIFIC
ELEMENTS.—The Council 
shall require a State submitting a State com-
prehensive restoration plan under this section 
to ensure that the plan specifically addresses 
the following elements: 
(i) Environmental restoration and re-
mediation, including in coastal and marine 
ecosystems. 
(ii) Academic and applied research re-
garding the economy, environment, and 
public health. 
(iii) Seafood marketing. 
(iv) Tourism marketing. 
(v) Coastal land acquisition. 
(vi) Ecosystem resource planning and 
coastal and marine spatial planning (as 
that term is defined in Executive Order 
13547 (75 Fed. Reg. 43023)). 
(vii) Renewable and clean energy pro-
duction and development, energy conserva-
tion, and related retrofitting projects. 
(c) DEADLINE.—A State submitting to the Council 
a State comprehensive restoration plan under this section 
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shall do so not later than 90 days after the date on which 
the Council makes guidelines available to the public under 
subsection (b). 
(d) REVIEW, APPROVAL, AND DISAPPROVAL.— 
(1) REVIEW.—Not later than 30 days after a 
State submits to the Council a State comprehensive 
restoration plan under subsection (a), the Council 
shall review and either approve or disapprove the 
State comprehensive restoration plan in accordance 
with this subsection. 
(2) APPROVAL.—The Council may approve a 
State comprehensive restoration plan from a State 
under this subsection if the plan meets all of the re-
quirements of subsection (b) and the guidelines 
made available under such subsection. 
(3) DISAPPROVAL.—If the Council disapproves 
a State comprehensive restoration plan under this 
subsection— 
(A) the Council shall provide to the State 
the reasons for the disapproval; and 
(B) the State may submit a revised State 
comprehensive restoration plan not later than 
30 days after the date of such disapproval. 
(e) DISTRIBUTION OF FUNDS.— 
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(1) TIMELINE.—If the Council approves a State 
comprehensive restoration plan under subsection (d), 
the Council shall establish a timeline for distributing 
funds to the State under section 3(c)(2) and dis-
tribute the funds according to such timeline. 
(2) ANNUAL
REVIEW.—Not later than Sep-
tember 30 of each year during which funds are dis-
tributed to a State for a State comprehensive res-
toration plan under section 3(c)(2), the Council shall 
conduct a review of the implementation of the plan. 
(3) WITHHOLDING OF FUNDS.—If the Council 
finds, based on an annual review conducted under 
paragraph (2), that a State is not fully imple-
menting its State comprehensive restoration plan or 
the implementation of such plan is not achieving its 
stated objectives, the Council may withhold funds 
that have not yet been distributed under the timeline 
established under paragraph (1). 
SEC. 5. GULF OF MEXICO OBSERVATION SYSTEM. 
(a) ESTABLISHMENT.—The Council shall establish a 
Gulf of Mexico Observation System to observe, monitor, 
and map the Gulf in a comprehensive manner in accord-
ance with this section. 
(b) ADMINISTRATION.— 
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(1) IN GENERAL.—The Gulf of Mexico Observa-
tion System established under subsection (a) shall be 
implemented through a Gulf of Mexico Exploration 
Research Center administered by an eligible entity 
chosen by the Council based on an application dem-
onstrating the ability of the eligible entity to carry 
out the requirements of this section. 
(2) GRANTS.—The Council shall make grants 
under section 3(c)(3)(A) to an eligible entity chosen 
under paragraph (1) for the administration of the 
Gulf of Mexico Exploration Research Center. 
(c) FACILITATION OF EXISTING TECHNOLOGIES.— 
An eligible entity administering the Gulf of Mexico Obser-
vation System under subsection (b) shall facilitate the use 
of existing technologies in order to quickly increase obser-
vation and monitoring capabilities in the Gulf, including 
facilitating— 
(1) enhancement of existing ocean-based moni-
toring systems, including satellite imagery, moorings 
and autonomous observation platforms, oceano-
graphic research vessels, subsurface sea floor map-
ping, coastal and wetland monitoring stations, 
robotic technology, computational modeling and fore-
casting, and vessels to support coastal monitoring 
and fishery assessment; 
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(2) enhancement of the existing land-based 
monitoring facilities through the acquisition, con-
struction, and development of laboratories, port in-
frastructure, equipment, and personnel that support, 
interface, communicate with, and provide integrated 
observation functions that supplement the ocean- 
based monitoring system; 
(3) support of operational costs for staffing re-
lating to existing technologies; and 
(4) the development of academic programs fo-
cused on training in supportive fields, such as data 
assimilation, information synthesis and modeling, 
data visualization capabilities, and data management 
and analysis. 
(d) DEVELOPMENT OF NEW TECHNOLOGIES.—An el-
igible entity administering the Gulf of Mexico Observation 
System under subsection (b) shall facilitate the develop-
ment of new monitoring technologies. 
(e) SPECIFIC TECHNOLOGIES.— 
(1) DEPLOYMENT.—An eligible entity admin-
istering the Gulf of Mexico Observation System 
under subsection (b) shall deploy monitoring tech-
nologies, including the following: 
(A) Coastal sensor moorings. 
(B) Deep sea sensor moorings. 
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