513 
practice intellectual property and associ-
ated technical data related to the award of 
funds, resources, or other benefit royalty- 
free for government purposes, including 
completing or operating enrichment tech-
nologies and using them for national de-
fense purposes, such as providing nuclear 
material to operate commercial nuclear 
power reactors for tritium production; and 
(iii) as soon as practicable, deliver to 
the Secretary all technical information and 
other documentation in its possession or 
control necessary to permit the Secretary 
to use and practice all intellectual property 
related to domestic enrichment tech-
nologies; and 
(C) any other condition or restriction the 
Secretary determines is necessary to protect the 
interests of the United States. 
(c) If the Secretary determines that a recipient has 
not achieved the technical criteria under the agreement 
pursuant to subsection (b), either by the dates specified 
in the original agreement or by June 30, 2014, whichever 
is earlier, the recipient shall, as soon as practicable, sur-
render custody, possession and control, or return, as ap-
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propriate, any real or personal property owned or leased 
by the recipient, to the Secretary in connection with the 
deployment of enrichment technology, along with all cap-
ital improvements, equipment, fixtures, appurtenances, 
and other improvements thereto, and any further obliga-
tion by the Secretary under any such lease shall terminate. 
(d)(1) The limitations in this section shall apply to 
funds made available in this Act, prior Appropriations 
Acts, and any future Appropriations Acts. 
(2) This section shall not apply with regard to 
the issuance of any loan guarantee pursuant to sec-
tion 1703 of the Energy Policy Act of 2005 (42 
U.S.C. 16513). 
(e) For purpose of this section, the term ‘‘Secretary’’ 
shall mean the Secretary of the Department of Energy. 
SEC. 1535. SENSE OF SENATE CONCERNING EXPEDITIOUS 
COMPLETION OF ENVIRONMENTAL REVIEWS, 
APPROVALS, LICENSING, AND PERMIT RE-
QUIREMENTS. 
It is the sense of the Senate that Federal agencies 
should— 
(1) ensure that all applicable environmental re-
views, approvals, licensing, and permit requirements 
under Federal law are completed on an expeditious 
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basis following any disaster or emergency declared 
under Federal law, including— 
(A) a major disaster declared by the Presi-
dent under section 401 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170); and 
(B) an emergency declared by the Presi-
dent under section 501 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5191); and 
(2) use the shortest existing applicable process 
under Federal law to complete each review, approval, 
licensing, and permit requirement described in para-
graph (1) following a disaster or emergency de-
scribed in that paragraph. 
Subtitle F—Gulf Coast Restoration 
SEC. 1601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Resources and 
Ecosystems Sustainability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast States Act of 2012’’. 
SEC. 1602. GULF COAST RESTORATION TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund to be known 
as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 
in this section as the ‘‘Trust Fund’’), consisting of such 
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amounts as are deposited in the Trust Fund under this 
subtitle or any other provision of law. 
(b) TRANSFERS.—The Secretary of the Treasury 
shall deposit in the Trust Fund an amount equal to 80 
percent of all administrative and civil penalties paid by 
responsible parties after the date of enactment of this Act 
in connection with the explosion on, and sinking of, the 
mobile offshore drilling unit Deepwater Horizon pursuant 
to a court order, negotiated settlement, or other instru-
ment in accordance with section 311 of the Federal Water 
Pollution Control Act (33 U.S.C. 1321). 
(c) EXPENDITURES.—Amounts in the Trust Fund, 
including interest earned on advances to the Trust Fund 
and proceeds from investment under subsection (d), 
shall— 
(1) be available for expenditure, without further 
appropriation, solely for the purpose and eligible ac-
tivities of this subtitle; and 
(2) remain available until expended, without fis-
cal year limitation. 
(d) INVESTMENT.—Amounts in the Trust Fund shall 
be invested in accordance with section 9702 of title 31, 
United States Code, and any interest on, and proceeds 
from, any such investment shall be available for expendi-
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ture in accordance with this subtitle and the amendments 
made by this subtitle. 
(e) ADMINISTRATION.—Not later than 180 days after 
the date of enactment of this Act, after providing notice 
and an opportunity for public comment, the Secretary of 
the Treasury, in consultation with the Secretary of the In-
terior and the Secretary of Commerce, shall establish such 
procedures as the Secretary determines to be necessary 
to deposit amounts in, and expend amounts from, the 
Trust Fund pursuant to this subtitle, including— 
(1) procedures to assess whether the programs 
and activities carried out under this subtitle and the 
amendments made by this subtitle achieve compli-
ance with applicable requirements, including proce-
dures by which the Secretary of the Treasury may 
determine whether an expenditure by a Gulf Coast 
State or coastal political subdivision (as those terms 
are defined in section 311 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1321)) pursuant to 
such a program or activity achieves compliance; 
(2) auditing requirements to ensure that 
amounts in the Trust Fund are expended as in-
tended; and 
(3) procedures for identification and allocation 
of funds available to the Secretary under other pro-
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visions of law that may be necessary to pay the ad-
ministrative expenses directly attributable to the 
management of the Trust Fund. 
SEC. 1603. GULF COAST NATURAL RESOURCES RESTORA-
TION AND ECONOMIC RECOVERY. 
Section 311 of the Federal Water Pollution Control 
Act (33 U.S.C. 1321) is amended— 
(1) in subsection (a)— 
(A) in paragraph (25)(B), by striking 
‘‘and’’ at the end; 
(B) in paragraph (26)(D), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(27) the term ‘Chairperson’ means the Chair-
person of the Council; 
‘‘(28) the term ‘coastal political subdivision’ 
means any local political jurisdiction that is imme-
diately below the State level of government, includ-
ing a county, parish, or borough, with a coastline 
that is contiguous with any portion of the United 
States Gulf of Mexico; 
‘‘(29) the term ‘Comprehensive Plan’ means the 
comprehensive plan developed by the Council pursu-
ant to subsection (t); 
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‘‘(30) the term ‘Council’ means the Gulf Coast 
Ecosystem Restoration Council established pursuant 
to subsection (t); 
‘‘(31) the term ‘Deepwater Horizon oil spill’ 
means the blowout and explosion of the mobile off-
shore drilling unit Deepwater Horizon that occurred 
on April 20, 2010, and resulting hydrocarbon re-
leases into the environment; 
‘‘(32) the term ‘Gulf Coast ecosystem’ means— 
‘‘(A) in the Gulf Coast States, the coastal 
zones (as that term is defined in section 304 of 
the Coastal Zone Management Act of 1972 (16 
U.S.C. 1453), except that, in this section, the 
term ‘coastal zones’ includes land within the 
coastal zones that is held in trust by, or the use 
of which is by law subject solely to the discre-
tion of, the Federal Government or officers or 
agents of the Federal Government) that border 
the Gulf of Mexico; 
‘‘(B) any adjacent land, water, and water-
sheds, that are within 25 miles of the coastal 
zones described in subparagraph (A) of the Gulf 
Coast States; and 
‘‘(C) all Federal waters in the Gulf of Mex-
ico; 
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‘‘(33) the term ‘Gulf Coast State’ means any of 
the States of Alabama, Florida, Louisiana, Mis-
sissippi, and Texas; and 
‘‘(34) the term ‘Trust Fund’ means the Gulf 
Coast Restoration Trust Fund established pursuant 
to section 1602 of the Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Revived 
Economies of the Gulf Coast States Act of 2012.’’; 
(2) in subsection (s), by inserting ‘‘except as 
provided in subsection (t)’’ before the period at the 
end; and 
(3) by adding at the end the following: 
‘‘(t) GULF COAST RESTORATION AND RECOVERY.— 
‘‘(1) 
STATE
ALLOCATION
AND
EXPENDI-
TURES.— 
‘‘(A) IN GENERAL.—Of the total amounts 
made available in any fiscal year from the 
Trust Fund, 35 percent shall be available, in 
accordance with the requirements of this sec-
tion, to the Gulf Coast States in equal shares 
for expenditure for ecological and economic res-
toration of the Gulf Coast ecosystem in accord-
ance with this subsection. 
‘‘(B) USE OF FUNDS.— 
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‘‘(i) ELIGIBLE ACTIVITIES.—Amounts 
provided to the Gulf States under this sub-
section may only be used to carry out 1 or 
more of the following activities: 
‘‘(I) Coastal restoration projects 
and activities, including conservation 
and coastal land acquisition. 
‘‘(II) Mitigation of damage to, 
and restoration of, fish, wildlife, or 
natural resources. 
‘‘(III) Implementation of a feder-
ally approved marine, coastal, or com-
prehensive conservation management 
plan, including fisheries monitoring. 
‘‘(IV) Programs to promote tour-
ism in a Gulf Coast State, including 
recreational fishing. 
‘‘(V) Programs to promote the 
consumption of seafood produced from 
the Gulf Coast ecosystem. 
‘‘(VI) Programs to promote edu-
cation regarding the natural resources 
of the Gulf Coast ecosystem. 
‘‘(VII) Planning assistance. 
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‘‘(VIII) Workforce development 
and job creation. 
‘‘(IX) Improvements to or upon 
State parks located in coastal areas 
affected by the Deepwater Horizon oil 
spill. 
‘‘(X) Mitigation of the ecological 
and economic impact of outer Conti-
nental Shelf activities and the impacts 
of the Deepwater Horizon oil spill or 
promotion of the long-term ecological 
or economic recovery of the Gulf 
Coast ecosystem through the funding 
of infrastructure projects. 
‘‘(XI) Coastal flood protection 
and infrastructure directly affected by 
coastal wetland losses, beach erosion, 
or the impacts of the Deepwater Hori-
zon oil spill. 
‘‘(XII) Administrative costs of 
complying with this subsection. 
‘‘(ii) LIMITATION.— 
‘‘(I) 
IN
GENERAL.—Of 
the 
amounts received by a Gulf State 
under this subsection not more than 3 
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percent may be used for administra-
tive 
costs 
eligible 
under 
clause 
(i)(XII). 
‘‘(II) PROHIBITION ON USE FOR 
IMPORTED
SEAFOOD.—None of the 
funds made available under this sub-
section shall be used for any program 
to support or promote imported sea-
food or any seafood product that is 
not harvested from the Gulf Coast 
ecosystem. 
‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— 
‘‘(i) IN GENERAL.—In the case of a 
State where the coastal zone includes the 
entire State— 
‘‘(I) 75 percent of funding shall 
be provided to the 8 disproportionally 
affected counties impacted by the 
Deepwater Horizon Oil Spill; and 
‘‘(II) 25 percent shall be provided 
to 
nondisproportionately 
impacted 
counties within the State. 
‘‘(ii) FLORIDA.— 
‘‘(I) 
DISPROPORTIONALLY
AF-
FECTED
COUNTIES.—Of the total 
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524 
amounts made available to counties in 
the State of Florida under clause 
(i)(I)— 
‘‘(aa) 10 percent shall be 
distributed equally among the 8 
disproportionately affected coun-
ties; and 
‘‘(bb) 90 percent shall be 
distributed to the 8 dispropor-
tionately affected counties in ac-
cordance 
with 
the 
following 
weighted formula: 
‘‘(AA) 30 percent based 
on the weighted average of 
the county shoreline oiled. 
‘‘(BB) 30 percent based 
on the weighted average of 
the county per capita sales 
tax collections estimated for 
the fiscal year ending Sep-
tember 30, 2012. 
‘‘(CC) 20 percent based 
on the weighted average of 
the population of the county. 
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525 
‘‘(DD) 
percent 
based on the inverse propor-
tion of the weighted average 
distance from the Deepwater 
Horizon oil rig to each of 
the nearest and farthest 
points of the shoreline. 
‘‘(II) NONDISPROPORTIONATELY 
IMPACTED
COUNTIES.—The 
total 
amounts made available to coastal po-
litical subdivisions in the State of 
Florida under clause (i)(II) shall be 
distributed according to the following 
weighted formula: 
‘‘(aa) 34 percent based on 
the weighted average of the pop-
ulation of the county. 
‘‘(bb) 33 percent based on 
the weighted average of the coun-
ty per capita sales tax collections 
estimated for the fiscal year end-
ing September 30, 2012. 
‘‘(cc) 33 percent based on 
the inverse proportion of the 
weighted average distance from 
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526 
the Deepwater Horizon oil rig to 
each of the nearest and farthest 
points of the shoreline. 
‘‘(iii) 
LOUISIANA.—Of 
the 
total 
amounts made available to the State of 
Louisiana under this paragraph: 
‘‘(I) 70 percent shall be provided 
directly to the State in accordance 
with this subsection. 
‘‘(II) 30 percent shall be provided 
directly to parishes in the coastal zone 
(as defined in section 304 of the 
Coastal Zone Management Act of 
1972 (16 U.S.C. 1453)) of the State 
of Louisiana according to the fol-
lowing weighted formula: 
‘‘(aa) 40 percent based on 
the weighted average of miles of 
the parish shoreline oiled. 
‘‘(bb) 40 percent based on 
the weighted average of the pop-
ulation of the parish. 
‘‘(cc) 20 percent based on 
the weighted average of the land 
mass of the parish. 
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‘‘(iv) CONDITIONS.— 
‘‘(I) LAND USE PLAN.—As a con-
dition of receiving amounts allocated 
under clause (iii), the chief executive 
of the eligible parish shall certify to 
the Governor of the State that the 
parish has completed a comprehensive 
land use plan. 
‘‘(II) OTHER
CONDITIONS.—A 
coastal political subdivision receiving 
funding under this subsection shall 
meet all of the conditions in subpara-
graph (D). 
‘‘(D) CONDITIONS.—As a condition of re-
ceiving amounts from the Trust Fund, a Gulf 
Coast State, including the entities described in 
subparagraph (E), or a coastal political subdivi-
sion shall— 
‘‘(i) agree to meet such conditions, in-
cluding audit requirements, as the Sec-
retary of the Treasury determines nec-
essary to ensure that amounts disbursed 
from the Trust Fund will be used in ac-
cordance with this subsection; 
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‘‘(ii) certify in such form and in such 
manner as the Secretary of the Treasury 
determines necessary that the project or 
program for which the Gulf Coast State or 
coastal political subdivision is requesting 
amounts— 
‘‘(I) is designed to restore and 
protect the natural resources, eco-
systems, fisheries, marine and wildlife 
habitats, beaches, coastal wetlands, or 
economy of the Gulf Coast; 
‘‘(II) carries out 1 or more of the 
activities described in subparagraph 
(B)(i); 
‘‘(III) was selected based on 
meaningful input from the public, in-
cluding 
broad-based 
participation 
from individuals, businesses, and non-
profit organizations; and 
‘‘(IV) in the case of a natural re-
source 
protection 
or 
restoration 
project, is based on the best available 
science; 
‘‘(iii) certify that the project or pro-
gram and the awarding of a contract for 
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529 
the expenditure of amounts received under 
this subsection are consistent with the 
standard procurement rules and regula-
tions governing a comparable project or 
program in that State, including all appli-
cable competitive bidding and audit re-
quirements; and 
‘‘(iv) develop and submit a multiyear 
implementation plan for use of those 
funds. 
‘‘(E) APPROVAL BY STATE ENTITY, TASK 
FORCE, OR AGENCY.—The following Gulf Coast 
State entities, task forces, or agencies shall 
carry out the duties of a Gulf Coast State pur-
suant to this paragraph: 
‘‘(i) ALABAMA.— 
‘‘(I) IN GENERAL.—In the State 
of Alabama, the Alabama Gulf Coast 
Recovery Council, which shall be com-
prised of only the following: 
‘‘(aa) The Governor of Ala-
bama, who shall also serve as 
Chairperson and preside over the 
meetings of the Alabama Gulf 
Coast Recovery Council. 
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530 
‘‘(bb) The Director of the 
Alabama State Port Authority, 
who shall also serve as Vice 
Chairperson and preside over the 
meetings of the Alabama Gulf 
Coast Recovery Council in the 
absence of the Chairperson. 
‘‘(cc) The Chairman of the 
Baldwin County Commission. 
‘‘(dd) The President of the 
Mobile County Commission. 
‘‘(ee) The Mayor of the city 
of Bayou La Batre. 
‘‘(ff) The Mayor of the town 
of Dauphin Island. 
‘‘(gg) The Mayor of the city 
of Fairhope. 
‘‘(hh) The Mayor of the city 
of Gulf Shores. 
‘‘(ii) The Mayor of the city 
of Mobile. 
‘‘(jj) The Mayor of the city 
of Orange Beach. 
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531 
‘‘(II) VOTE.—Each member of 
the Alabama Gulf Coast Recovery 
Council shall be entitled to 1 vote. 
‘‘(III) MAJORITY VOTE.—All de-
cisions of the Alabama Gulf Coast Re-
covery Council shall be made by ma-
jority vote. 
‘‘(ii) LOUISIANA.—In the State of 
Louisiana, the Coastal Protection and Res-
toration Authority of Louisiana. 
‘‘(iii) MISSISSIPPI.—In the State of 
Mississippi, the Mississippi Department of 
Environmental Quality. 
‘‘(F) COMPLIANCE WITH ELIGIBLE ACTIVI-
TIES.—If the Secretary of the Treasury deter-
mines that an expenditure by a Gulf Coast 
State or coastal political subdivision of amounts 
made available under this subsection does not 
meet 1 of the activities described in subpara-
graph (B)(i), the Secretary shall make no addi-
tional amounts from the Trust Fund available 
to that Gulf Coast State or coastal political 
subdivision until such time as an amount equal 
to the amount expended for the unauthorized 
use— 
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532 
‘‘(i) has been deposited by the Gulf 
Coast State or coastal political subdivision 
in the Trust Fund; or 
‘‘(ii) has been authorized by the Sec-
retary of the Treasury for expenditure by 
the Gulf Coast State or coastal political 
subdivision for a project or program that 
meets the requirements of this subsection. 
‘‘(G) COMPLIANCE WITH CONDITIONS.—If 
the Secretary of the Treasury determines that 
a Gulf Coast State or coastal political subdivi-
sion does not meet the requirements of this 
subsection, including the conditions of subpara-
graph (D), where applicable, the Secretary of 
the Treasury shall make no amounts from the 
Trust Fund available to that Gulf Coast State 
or coastal political subdivision until all condi-
tions of this subsection are met. 
‘‘(H) PUBLIC INPUT.—In meeting any con-
dition of this subsection, a Gulf Coast State 
may use an appropriate procedure for public 
consultation in that Gulf Coast State, including 
consulting with 1 or more established task 
forces or other entities, to develop recommenda-
tions for proposed projects and programs that 
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533 
would restore and protect the natural resources, 
ecosystems, fisheries, marine and wildlife habi-
tats, beaches, coastal wetlands, and economy of 
the Gulf Coast. 
‘‘(I) PREVIOUSLY
APPROVED
PROJECTS 
AND PROGRAMS.—A Gulf Coast State or coastal 
political subdivision shall be considered to have 
met the conditions of subparagraph (D) for a 
specific project or program if, before the date of 
enactment of the Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast States Act 
of 2012— 
‘‘(i) the Gulf Coast State or coastal 
political subdivision has established condi-
tions for carrying out projects and pro-
grams that are substantively the same as 
the conditions described in subparagraph 
(D); and 
‘‘(ii) the applicable project or program 
carries out 1 or more of the activities de-
scribed in subparagraph (B)(ii). 
‘‘(J) CONSULTATION WITH COUNCIL.—In 
carrying out this subsection, each Gulf Coast 
State shall seek the input of the Chairperson of 
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534 
the Council to identify large-scale projects that 
may be jointly supported by that Gulf Coast 
State and by the Council pursuant to the Com-
prehensive Plan with amounts provided under 
this subsection. 
‘‘(K) NON-FEDERAL MATCHING FUNDS.— 
‘‘(i) IN
GENERAL.—A Gulf Coast 
State or coastal political subdivision may 
use, in whole or in part, amounts made 
available to that Gulf Coast State from the 
Trust Fund to satisfy the non-Federal 
share of the cost of any project or program 
authorized by Federal law that meets the 
eligible use requirements under subpara-
graph (B)(i). 
‘‘(ii) EFFECT
ON
OTHER
FUNDS.— 
The use of funds made available from the 
Trust Fund to satisfy the non-Federal 
share of the cost of a project or program 
that meets the requirements of clause (i) 
shall not affect the priority in which other 
Federal funds are allocated or awarded. 
‘‘(L) LOCAL
PREFERENCE.—In awarding 
contracts to carry out a project or program 
under this subsection, a Gulf Coast State or 
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535 
coastal political subdivision may give a pref-
erence to individuals and companies that reside 
in, are headquartered in, or are principally en-
gaged in business in, a Gulf Coast State. 
‘‘(M) UNUSED
FUNDS.—Any Funds not 
identified in an implementation plan by a State 
or coastal political subdivision in accordance 
with subparagraph (D)(iv) shall remain in the 
Trust Fund until such time as the State or 
coastal political subdivision to which the funds 
have been allocated develops and submits a plan 
identifying uses for those funds in accordance 
with subparagraph (D)(iv). 
‘‘(N) JUDICIAL REVIEW.—If the Secretary 
of the Treasury determines that a Gulf Coast 
State or coastal political subdivision does not 
meet the requirements of this subsection, in-
cluding the conditions of subparagraph (D), the 
Gulf Coast State or coastal political subdivision 
may obtain expedited judicial review within 90 
days of that decision in a district court of the 
United States, of appropriate jurisdiction and 
venue, that is located within the State seeking 
such review. 
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‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA-
TION.— 
‘‘(A) IN GENERAL.—Of the total amount 
made available in any fiscal year from the 
Trust Fund, 60 percent shall be disbursed to 
the Council to carry out the Comprehensive 
Plan. 
‘‘(B) COUNCIL EXPENDITURES.— 
‘‘(i) IN
GENERAL.—In accordance 
with this paragraph, the Council shall ex-
pend funds made available from the Trust 
Fund to undertake projects and programs 
that would restore and protect the natural 
resources, ecosystems, fisheries, marine 
and wildlife habitats, beaches, coastal wet-
lands, and economy of the Gulf Coast. 
‘‘(ii) ALLOCATION AND EXPENDITURE 
PROCEDURES.—The 
Secretary 
of 
the 
Treasury shall develop such conditions, in-
cluding audit requirements, as the Sec-
retary of the Treasury determines nec-
essary to ensure that amounts disbursed 
from the Trust Fund to the Council to im-
plement the Comprehensive Plan will be 
used in accordance with this paragraph. 
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‘‘(iii) ADMINISTRATIVE
EXPENSES.— 
Of the amounts received by the Council 
under this subsection, not more than 3 
percent may be used for administrative ex-
penses, including staff. 
‘‘(C) GULF COAST ECOSYSTEM RESTORA-
TION COUNCIL.— 
‘‘(i) ESTABLISHMENT.—There is es-
tablished as an independent entity in the 
Federal Government a council to be known 
as the ‘Gulf Coast Ecosystem Restoration 
Council’. 
‘‘(ii) 
MEMBERSHIP.—The 
Council 
shall consist of the following members, or 
in the case of a Federal agency, a designee 
at the level of the Assistant Secretary or 
the equivalent: 
‘‘(I) The Chair of the Council on 
Environmental Quality. 
‘‘(II) The Secretary of the Inte-
rior. 
‘‘(III) The Secretary of the 
Army. 
‘‘(IV) The Secretary of Com-
merce. 
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‘‘(V) The Administrator of the 
Environmental Protection Agency. 
‘‘(VI) The Secretary of Agri-
culture. 
‘‘(VII) The head of the depart-
ment in which the Coast Guard is op-
erating. 
‘‘(VIII) The Governor of the 
State of Alabama. 
‘‘(IX) The Governor of the State 
of Florida. 
‘‘(X) The Governor of the State 
of Louisiana. 
‘‘(XI) The Governor of the State 
of Mississippi. 
‘‘(XII) The Governor of the State 
of Texas. 
‘‘(iii) ALTERNATE.—A Governor ap-
pointed to the Council by the President 
may designate an alternate to represent 
the Governor on the Council and vote on 
behalf of the Governor. 
‘‘(iv) CHAIRPERSON.—From among 
the Federal agency members of the Coun-
cil, the representatives of States on the 
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Council shall select, and the President 
shall appoint, 1 Federal member to serve 
as Chairperson of the Council. 
‘‘(v) PRESIDENTIAL APPOINTMENT.— 
All Council members shall be appointed by 
the President. 
‘‘(vi) COUNCIL ACTIONS.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (IV), significant actions by 
the Council shall require the affirma-
tive vote of the Federal Chairperson 
and a majority of the State members 
to be effective. 
‘‘(II) 
INCLUSIONS.—Significant 
actions include but are not limited 
to— 
‘‘(aa) approval of a Com-
prehensive Plan and future revi-
sions to a Comprehensive Plan; 
‘‘(bb) 
approval 
of 
State 
plans pursuant to paragraph 
(3)(B)(iv); and 
‘‘(cc) approval of reports to 
Congress 
pursuant 
to 
clause 
(vii)(X). 
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‘‘(III) QUORUM.—A quorum of 
State members shall be required to be 
present for the Council to take any 
significant action. 
‘‘(IV) AFFIRMATIVE
VOTE
RE-
QUIREMENT DEEMED MET.—For ap-
proval of State plans pursuant to 
paragraph (3)(B)(iv), the certification 
by a State member of the Council that 
the plan satisfies all requirements of 
clauses (i) and (ii) of paragraphs 
(3)(B), when joined by an affirmative 
vote of the Federal Chairperson of the 
Council, is deemed to satisfy the re-
quirements for affirmative votes under 
subclause (I). 
‘‘(V) PUBLIC
TRANSPARENCY.— 
Appropriate actions of the Council, in-
cluding votes on significant actions 
and associated deliberations, shall be 
made available to the public. 
‘‘(vii) DUTIES
OF
COUNCIL.—The 
Council shall— 
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‘‘(I) develop the Comprehensive 
Plan, and future revisions to the Com-
prehensive Plan; 
‘‘(II) identify as soon as prac-
ticable the projects that— 
‘‘(aa) have been authorized 
prior to the date of enactment of 
this subsection but not yet com-
menced; and 
‘‘(bb) if implemented quick-
ly, would restore and protect the 
natural 
resources, 
ecosystems, 
fisheries, marine and wildlife 
habitats, beaches, barrier islands, 
dunes, and coastal wetlands of 
the Gulf Coast ecosystem; 
‘‘(III) coordinate the development 
of 
consistent 
policies, 
strategies, 
plans, and activities by Federal agen-
cies, State and local governments, and 
private sector entities for addressing 
the restoration and protection of the 
Gulf Coast ecosystem; 
‘‘(IV) establish such other advi-
sory committee or committees as may 
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be necessary to assist the Council, in-
cluding a scientific advisory committee 
and a committee to advise the Council 
on public policy issues; 
‘‘(V) coordinate scientific and 
other research associated with restora-
tion of the Gulf Coast ecosystem, in-
cluding research, observation, and 
monitoring carried out pursuant to 
section 1604 of the Resources and 
Ecosystems 
Sustainability, 
Tourist 
Opportunities, and Revived Economies 
of the Gulf Coast States Act of 2012; 
‘‘(VI) seek to ensure that all poli-
cies, strategies, plans, and activities 
for addressing the restoration of the 
Gulf Coast ecosystem are based on 
the best available physical, ecological, 
and economic data; 
‘‘(VII) make recommendations to 
address the particular needs of espe-
cially economically and socially vulner-
able populations; 
‘‘(VIII) develop standard terms 
to include in contracts for projects 
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and programs awarded pursuant to 
the Comprehensive Plan that provide 
a preference to individuals and com-
panies 
that 
reside 
in, 
are 
headquartered in, or are principally 
engaged in business in, a Gulf Coast 
State; 
‘‘(IX) prepare an integrated fi-
nancial plan and recommendations for 
coordinated budget requests for the 
amounts proposed to be expended by 
the Federal agencies represented on 
the Council for projects and programs 
in the Gulf Coast States; 
‘‘(X) submit to Congress an an-
nual report that— 
‘‘(aa) summarizes the poli-
cies, strategies, plans, and activi-
ties for addressing the restora-
tion and protection of the Gulf 
Coast ecosystem; 
‘‘(bb) describes the projects 
and programs being implemented 
to restore and protect the Gulf 
Coast ecosystem; and 
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‘‘(cc) 
makes 
such 
rec-
ommendations to Congress for 
modifications of existing laws as 
the Council determines necessary 
to implement the Comprehensive 
Plan; and 
‘‘(XI) submit to Congress a final 
report on the date on which all funds 
made available to the Council are ex-
pended. 
‘‘(viii) APPLICATION OF FEDERAL AD-
VISORY COMMITTEE ACT.—The Council, or 
any other advisory committee established 
under this subsection, shall not be consid-
ered an advisory committee under the Fed-
eral Advisory Committee Act (5 U.S.C. 
App.). 
‘‘(D) COMPREHENSIVE PLAN.— 
‘‘(i) PROPOSED PLAN.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after the date of enact-
ment of the Resources and Eco-
systems Sustainability, Tourist Op-
portunities, and Revived Economies of 
the Gulf Coast States Act of 2012, 
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545 
the Chairperson, on behalf of the 
Council, shall publish a proposed plan 
to restore and protect the natural re-
sources, ecosystems, fisheries, marine 
and wildlife habitats, beaches, and 
coastal wetlands of the Gulf Coast 
ecosystem. 
‘‘(II) CONTENTS.—The proposed 
plan described in subclause (I) shall 
include and incorporate the findings 
and information prepared by the 
President’s Gulf Coast Restoration 
Task Force. 
‘‘(ii) PUBLICATION.— 
‘‘(I) INITIAL
PLAN.—Not later 
than 1 year after date of enactment of 
the Resources and Ecosystems Sus-
tainability, Tourist Opportunities, and 
Revived Economies of the Gulf Coast 
States Act of 2012 and after notice 
and opportunity for public comment, 
the Chairperson, on behalf of the 
Council and after approval by the 
Council, shall publish in the Federal 
Register the initial Comprehensive 
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Plan to restore and protect the nat-
ural resources, ecosystems, fisheries, 
marine and wildlife habitats, beaches, 
and coastal wetlands of the Gulf 
Coast ecosystem. 
‘‘(II) COOPERATION WITH GULF 
COAST RESTORATION TASK FORCE.— 
The Council shall develop the initial 
Comprehensive Plan in close coordina-
tion with the President’s Gulf Coast 
Restoration Task Force. 
‘‘(III) CONSIDERATIONS.—In de-
veloping the initial Comprehensive 
Plan and subsequent updates, the 
Council shall consider all relevant 
findings, reports, or research prepared 
or funded by a center of excellence or 
the Gulf Fisheries and Ecosystem En-
dowment established pursuant to the 
Gulf Coast Ecosystem Restoration 
Science, Monitoring, and Technology 
Program under section 1604 of the 
Resources and Ecosystems Sustain-
ability, Tourist Opportunities, and Re-
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vived Economies of the Gulf Coast 
States Act of 2012. 
‘‘(IV) CONTENTS.—The initial 
Comprehensive Plan shall include— 
‘‘(aa) such provisions as are 
necessary to fully incorporate in 
the 
Comprehensive 
Plan 
the 
strategy, projects, and programs 
recommended by the President’s 
Gulf Coast Restoration Task 
Force; 
‘‘(bb) a list of any project or 
program authorized prior to the 
date of enactment of this sub-
section but not yet commenced, 
the completion of which would 
further the purposes and goals of 
this subsection and of the Re-
sources and Ecosystems Sustain-
ability, 
Tourist 
Opportunities, 
and Revived Economies of the 
Gulf Coast States Act of 2012; 
‘‘(cc) a description of the 
manner in which amounts from 
the Trust Fund projected to be 
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made available to the Council for 
the succeeding 10 years will be 
allocated; and 
‘‘(dd) subject to available 
funding in accordance with clause 
(iii), a prioritized list of specific 
projects and programs to be 
funded and carried out during 
the 3-year period immediately 
following the date of publication 
of 
the 
initial 
Comprehensive 
Plan, including a table that illus-
trates the distribution of projects 
and programs by Gulf Coast 
State. 
‘‘(V) 
PLAN
UPDATES.—The 
Council shall update— 
‘‘(aa) 
the 
Comprehensive 
Plan every 5 years in a manner 
comparable to the manner estab-
lished in this subsection for each 
5-year period for which amounts 
are expected to be made available 
to the Gulf Coast States from the 
Trust Fund; and 
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‘‘(bb) the 3-year list of 
projects and programs described 
in subclause (IV)(dd) annually. 
‘‘(iii) RESTORATION PRIORITIES.—Ex-
cept for projects and programs described 
in subclause (IV)(bb), in selecting projects 
and programs to include on the 3-year list 
described in subclause (IV)(dd), based on 
the best available science, the Council shall 
give highest priority to projects that ad-
dress 1 or more of the following criteria: 
‘‘(I) Projects that are projected 
to make the greatest contribution to 
restoring and protecting the natural 
resources, ecosystems, fisheries, ma-
rine and wildlife habitats, beaches, 
and coastal wetlands of the Gulf 
Coast ecosystem, without regard to 
geographic location. 
‘‘(II) Large-scale projects and 
programs that are projected to sub-
stantially contribute to restoring and 
protecting the natural resources, eco-
systems, fisheries, marine and wildlife 
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habitats, beaches, and coastal wet-
lands of the Gulf Coast ecosystem. 
‘‘(III) Projects contained in exist-
ing Gulf Coast State comprehensive 
plans for the restoration and protec-
tion of natural resources, ecosystems, 
fisheries, marine and wildlife habitats, 
beaches, and coastal wetlands of the 
Gulf Coast ecosystem. 
‘‘(IV) Projects that restore long- 
term resiliency of the natural re-
sources, ecosystems, fisheries, marine 
and wildlife habitats, beaches, and 
coastal wetlands most impacted by the 
Deepwater Horizon oil spill. 
‘‘(E) IMPLEMENTATION.— 
‘‘(i) IN GENERAL.—The Council, act-
ing through the member agencies and Gulf 
Coast States, shall expend funds made 
available from the Trust Fund to carry out 
projects and programs adopted in the 
Comprehensive Plan. 
‘‘(ii) 
ADMINISTRATIVE
RESPONSI-
BILITY.— 
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‘‘(I) IN GENERAL.—Primary au-
thority and responsibility for each 
project and program included in the 
Comprehensive Plan shall be assigned 
by the Council to a Gulf Coast State 
represented on the Council or a Fed-
eral agency. 
‘‘(II) TRANSFER OF AMOUNTS.— 
Amounts necessary to carry out each 
project or program included in the 
Comprehensive Plan shall be trans-
ferred by the Secretary of the Treas-
ury from the Trust Fund to that Fed-
eral agency or Gulf Coast State as the 
project or program is implemented, 
subject to such conditions as the Sec-
retary of the Treasury, in consultation 
with the Secretary of the Interior and 
the Secretary of Commerce, estab-
lished pursuant to section 1602 of the 
Resources and Ecosystems Sustain-
ability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast 
States Act of 2012. 
‘‘(iii) COST SHARING.— 
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552 
‘‘(I) IN GENERAL.—A Gulf Coast 
State or coastal political subdivision 
may use, in whole or in part, amounts 
made available to that Gulf Coast 
State or coastal political subdivision 
from the Trust Fund to satisfy the 
non-Federal share of the cost of car-
rying a project or program that— 
‘‘(aa) is authorized by other 
Federal law; and 
‘‘(bb) meets the criteria of 
subparagraph (D). 
‘‘(II) INCLUSION IN COMPREHEN-
SIVE PLAN.—A project or program de-
scribed in subclause (I) that meets the 
criteria for inclusion in the Com-
prehensive Plan described in subpara-
graph (D) shall be selected and adopt-
ed by the Council as part of the Com-
prehensive Plan in the manner de-
scribed in subparagraph (D). 
‘‘(F) COORDINATION.—The Council and 
the Federal members of the Council may de-
velop Memorandums of Understanding estab-
lishing integrated funding and implementation 
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plans among the member agencies and authori-
ties. 
‘‘(G) TERMINATION.—The Council shall 
terminate on the date on which the report de-
scribed in subparagraph (C)(vii)(XI) is sub-
mitted to Congress. 
‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA-
TION.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (4), of the total amount made avail-
able to the Council under paragraph (2) in any 
fiscal year from the Trust Fund, 50 percent 
shall be disbursed by the Council as follows: 
‘‘(i) FORMULA.—Subject to subpara-
graph (B), for each Gulf Coast State, the 
amount disbursed under this paragraph 
shall be based on a formula established by 
the Council by regulation that is based on 
a weighted average of the following cri-
teria: 
‘‘(I) 40 percent based on the pro-
portionate number of miles of shore-
line in each Gulf Coast State that ex-
perienced oiling as of April 10, 2011, 
compared to the total number of miles 
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554 
of shoreline that experienced oiling as 
a result of the Deepwater Horizon oil 
spill. 
‘‘(II) 40 percent based on the in-
verse proportion of the average dis-
tance from the Deepwater Horizon oil 
rig to the nearest and farthest point 
of the shoreline that experienced oil-
ing of each Gulf Coast State. 
‘‘(III) 20 percent based on the 
average population in the 2010 decen-
nial census of coastal counties bor-
dering the Gulf of Mexico within each 
Gulf Coast State. 
‘‘(ii) 
MINIMUM
ALLOCATION.—The 
amount disbursed to a Gulf Coast State 
for each fiscal year under clause (i) shall 
be at least 5 percent of the total amounts 
made available under this paragraph. 
‘‘(B) APPROVAL OF PROJECTS AND PRO-
GRAMS.— 
‘‘(i) IN GENERAL.—The Council shall 
disburse amounts to the respective Gulf 
Coast States in accordance with the for-
mula developed under subparagraph (A) 
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for projects, programs, and activities that 
will improve the ecosystems or economy of 
the Gulf Coast, subject to the condition 
that each Gulf Coast State submits a plan 
for the expenditure of amounts disbursed 
under this paragraph which meet the fol-
lowing criteria: 
‘‘(I) All projects, programs, and 
activities included in that plan are eli-
gible activities pursuant to paragraph 
(1)(B)(i). 
‘‘(II) The projects, programs, 
and activities included in that plan 
contribute to the overall economic and 
ecological recovery of the Gulf Coast. 
‘‘(III) The plan takes into con-
sideration the Comprehensive Plan 
and is consistent with its goals and 
objectives, as described in paragraph 
(2)(B)(i). 
‘‘(ii) FUNDING.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the plan 
described in clause (i) may use not 
more than 25 percent of the funding 
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556 
made 
available 
for 
infrastructure 
projects eligible under subclauses (X) 
and (XI) of paragraph (1)(B)(i). 
‘‘(II) EXCEPTION.—The plan de-
scribed in clause (i) may propose to 
use more than 25 percent of the fund-
ing made available for infrastructure 
projects eligible under subclauses (X) 
and (XI) of paragraph (1)(B)(i) if the 
plan certifies that— 
‘‘(aa) ecosystem restoration 
needs in the State will be ad-
dressed by the projects in the 
proposed plan; and 
‘‘(bb) additional investment 
in infrastructure is required to 
mitigate the impacts of the Deep-
water Horizon Oil Spill to the 
ecosystem or economy. 
‘‘(iii) DEVELOPMENT.—The plan de-
scribed in clause (i) shall be developed 
by— 
‘‘(I) in the State of Alabama, the 
Alabama Gulf Coast Recovery Council 
established under paragraph (1)(E)(i); 
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‘‘(II) in the State of Florida, a 
consortia of local political subdivisions 
that includes at least 1 representative 
of 
each 
disproportionally 
affected 
county; 
‘‘(III) in the State of Louisiana, 
the Coastal Protection and Restora-
tion Authority of Louisiana; 
‘‘(IV) in the State of Mississippi, 
the Office of the Governor or an ap-
pointee of the Office of the Governor; 
and 
‘‘(V) in the State of Texas, the 
Office of the Governor or an ap-
pointee of the Office of the Governor. 
‘‘(iv) APPROVAL.—Not later than 60 
days after the date on which a plan is sub-
mitted under clause (i), the Council shall 
approve or disapprove the plan based on 
the conditions of clause (i). 
‘‘(C) DISAPPROVAL.—If the Council dis-
approves a plan pursuant to subparagraph 
(B)(iv), the Council shall— 
‘‘(i) provide the reasons for dis-
approval in writing; and 
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‘‘(ii) consult with the State to address 
any identified deficiencies with the State 
plan. 
‘‘(D) FAILURE
TO
SUBMIT
ADEQUATE 
PLAN.—If a State fails to submit an adequate 
plan under this subsection, any funds made 
available under this subsection shall remain in 
the Trust Fund until such date as a plan is 
submitted and approved pursuant to this sub-
section. 
‘‘(E) JUDICIAL
REVIEW.—If the Council 
fails to approve or take action within 60 days 
on a plan described in subparagraph (B)(iv), 
the State may obtain expedited judicial review 
within 90 days of that decision in a district 
court of the United States, of appropriate juris-
diction and venue, that is located within the 
State seeking such review. 
‘‘(4) AUTHORIZATION
OF
INTEREST
TRANS-
FERS.— 
‘‘(A) IN GENERAL.—Of the total amount 
made available in any fiscal year from the 
Trust Fund, an amount equal to the interest 
earned by the Trust Fund and proceeds from 
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559 
investments made by the Trust Fund in the 
preceding fiscal year— 
‘‘(i) 50 percent shall be transferred to 
the National Endowment for Oceans in 
subparagraph (B); and 
‘‘(ii) 50 percent shall be transferred to 
the Gulf of Mexico Research Endowment 
in subparagraph (C). 
‘‘(B) NATIONAL
ENDOWMENT
FOR
THE 
OCEANS.— 
‘‘(i) ESTABLISHMENT.— 
‘‘(I) IN GENERAL.—There is es-
tablished in the Treasury of the 
United States a trust fund to be 
known as the ‘National Endowment 
for the Oceans’, consisting of such 
amounts as may be appropriated or 
credited to the National Endowment 
for the Oceans. 
‘‘(II) INVESTMENT.—Amounts in 
the National Endowment for the 
Oceans shall be invested in accordance 
with section 9602 of the Internal Rev-
enue Code of 1986, and any interest 
on, and proceeds from, any such in-
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vestment shall be available for expend-
iture in accordance with this subpara-
graph. 
‘‘(ii) TRUSTEE.—The trustee for the 
National Endowment for the Oceans shall 
be the Secretary of Commerce. 
‘‘(iii) ALLOCATION OF FUNDS.— 
‘‘(I) IN
GENERAL.—Each fiscal 
year, the Secretary shall allocate, at a 
minimum, an amount equal to the in-
terest earned by the National Endow-
ment for the Oceans in the preceding 
fiscal year, and may distribute an 
amount equal to up to 10 percent of 
the total amounts in the National En-
dowment for the Oceans— 
‘‘(aa) to allocate funding to 
coastal states (as defined in sec-
tion 304 of the Marine Resources 
and 
Engineering 
Development 
Act of 1966 (16 U.S.C. 1453)) 
and affected Indian tribes; 
‘‘(bb) to make grants to re-
gional ocean and coastal planning 
bodies; and 
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‘‘(cc) to develop and imple-
ment a National Grant Program 
for Oceans and Coastal Waters. 
‘‘(II) PROGRAM ADJUSTMENTS.— 
Each fiscal year where the amount de-
scribed in subparagraph (A)(i) does 
not exceed $100,000,000, the Sec-
retary may elect to fund only the 
grant program established in sub-
clause (I)(cc). 
‘‘(iv) ELIGIBLE
ACTIVITIES.—Funds 
deposited in the National Endowment for 
the Oceans may be allocated by the Sec-
retary only to fund grants for programs 
and activities intended to restore, protect, 
maintain, or understand living marine re-
sources and their habitats and resources in 
ocean and coastal waters (as defined in 
section 304 of the Marine Resources and 
Engineering Development Act of 1966 (16 
U.S.C. 1453)), including baseline scientific 
research, ocean observing, and other pro-
grams and activities carried out in coordi-
nation with Federal and State departments 
or agencies, that are consistent with Fed-
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562 
eral environmental laws and that avoid en-
vironmental degradation. 
‘‘(v) APPLICATION.—To be eligible to 
receive a grant under clause (iii)(I), an en-
tity shall submit to the Secretary an appli-
cation at such time, in such manner, and 
containing such information as the Sec-
retary determines to be appropriate. 
‘‘(vi) 
FUNDING
FOR
COASTAL 
STATES.—The 
Secretary 
shall 
allocate 
funding among States as follows: 
‘‘(I) 50 percent of the funds shall 
be allocated equally among coastal 
States. 
‘‘(II) 25 percent of the funds 
shall be allocated based on tidal shore-
line miles. 
‘‘(III) 25 percent of the funds 
shall be allocated based on the coastal 
population density of a coastal State. 
‘‘(IV) No State shall be allocated 
more than 10 percent of the total 
amount of funds available for alloca-
tion among coastal States for any fis-
cal year. 
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563 
‘‘(V) No territory shall be allo-
cated more than 1 percent of the total 
amount of funds available for alloca-
tion among coastal States for any fis-
cal year. 
‘‘(C) GULF OF MEXICO RESEARCH ENDOW-
MENT.— 
‘‘(i) IN
GENERAL.—There is estab-
lished in the Treasury of the United States 
a trust fund to be known as the ‘Gulf of 
Mexico Research Endowment’, to be ad-
ministered by the Secretary of Commerce, 
solely for use in providing long-term fund-
ing in accordance with section 1604 of the 
Resources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived Econo-
mies of the Gulf Coast States Act of 2012. 
‘‘(ii) INVESTMENT.—Amounts in the 
Gulf of Mexico Research Endowment shall 
be invested in accordance with section 
9602 of the Internal Revenue Code of 
1986, and, after adjustment for inflation 
so as to maintain the value of the prin-
cipal, any interest on, and proceeds from, 
any such investment shall be available for 
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564 
expenditure and shall be allocated in equal 
portions to the Gulf Coast Ecosystem Res-
toration Science, Monitoring, and Tech-
nology Program and Fisheries Endowment 
established in section 1604 of the Re-
sources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived Econo-
mies of the Gulf Coast States Act of 
2012.’’. 
SEC. 
1604. 
GULF 
COAST 
ECOSYSTEM 
RESTORATION 
SCIENCE, OBSERVATION, MONITORING, AND 
TECHNOLOGY PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
(2) 
FISHERIES
AND
ECOSYSTEM
ENDOW-
MENT.—The term ‘‘Fisheries and Ecosystem En-
dowment’’ means the endowment established by sub-
section (d). 
(3) PROGRAM.—The term ‘‘Program’’ means 
the Gulf Coast Ecosystem Restoration Science, Ob-
servation, Monitoring, and Technology Program es-
tablished by subsection (b). 
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565 
(b) ESTABLISHMENT OF PROGRAM.—There is estab-
lished within the National Oceanic and Atmospheric Ad-
ministration a program to be known as the ‘‘Gulf Coast 
Ecosystem Restoration Science, Observation, Monitoring, 
and Technology Program’’, to be carried out by the Ad-
ministrator. 
(c) CENTERS OF EXCELLENCE.— 
(1) IN
GENERAL.—In carrying out the Pro-
gram, the Administrator, in consultation with other 
Federal agencies with expertise in the discipline of 
a center of excellence, shall make grants in accord-
ance with paragraph (2) to establish and operate 5 
centers of excellence, 1 of which shall be located in 
each of the States of Alabama, Florida, Louisiana, 
Mississippi, and Texas. 
(2) GRANTS.— 
(A) IN
GENERAL.—The Administrator 
shall use the amounts made available to carry 
out this section to award competitive grants to 
nongovernmental entities and consortia in the 
Gulf Coast region (including public and private 
institutions of higher education) for the estab-
lishment of centers of excellence as described in 
paragraph (1). 
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566 
(B) APPLICATION.—To be eligible to re-
ceive a grant under this paragraph, an entity or 
consortium described in subparagraph (A) shall 
submit to the Administrator an application at 
such time, in such manner, and containing such 
information as the Administrator determines to 
be appropriate. 
(C) PRIORITY.—In awarding grants under 
this paragraph, the Administrator shall give 
priority to entities and consortia that dem-
onstrate the ability to establish the broadest 
cross-section of participants with interest and 
expertise in any discipline described in para-
graph (3) on which the proposal of the center 
of excellence will be focused. 
(3) DISCIPLINES.—Each center of excellence 
shall focus on science, technology, and monitoring in 
at least 1 of the following disciplines: 
(A) Coastal and deltaic sustainability, res-
toration and protection; including solutions and 
technology that allow citizens to live safely and 
sustainably in a coastal delta. 
(B) Coastal fisheries and wildlife eco-
system research and monitoring. 
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567 
(C) Offshore energy development, including 
research and technology to improve the sustain-
able and safe development of energy resources. 
(D) Sustainable and resilient growth, eco-
nomic and commercial development in the Gulf 
Coast. 
(E) 
Comprehensive 
observation, 
moni-
toring, and mapping of the Gulf of Mexico. 
(4) COORDINATION WITH OTHER PROGRAMS.— 
The Administrator shall develop a plan for the co-
ordination of projects and activities between the Pro-
gram and other existing Federal and State science 
and technology programs in the States of Alabama, 
Florida, Louisiana, Mississippi, and Texas, as well 
as between the centers of excellence. 
(d) ESTABLISHMENT OF FISHERIES AND ECOSYSTEM 
ENDOWMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Council 
shall establish a fishery and ecosystem endowment 
to ensure, to the maximum extent practicable, the 
long-term sustainability of the ecosystem, fish 
stocks, fish habitat and the recreational, commercial, 
and charter fishing industry in the Gulf of Mexico. 
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568 
(2) EXPENDITURE OF FUNDS.—For each fiscal 
year, amounts made available to carry out this sub-
section may be expended for, with respect to the 
Gulf of Mexico— 
(A) marine and estuarine research; 
(B) marine and estuarine ecosystem moni-
toring and ocean observation; 
(C) data collection and stock assessments; 
(D) pilot programs for— 
(i) fishery independent data; and 
(ii) reduction of exploitation of spawn-
ing aggregations; and 
(E) cooperative research. 
(3) ADMINISTRATION AND IMPLEMENTATION.— 
The Fisheries and Ecosystem Endowment shall be 
administered by the Administrator of the National 
Oceanic and Atmospheric Administration, in con-
sultation with the Director of the United States Fish 
and Wildlife Service, with guidance provided by the 
Regional Gulf of Mexico Fishery Management Coun-
cil. 
(4) SPECIES
INCLUDED.—The Fisheries and 
Ecosystem Endowment will include all marine, estu-
arine, aquaculture, and fish and wildlife species in 
State and Federal waters of the Gulf of Mexico. 
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569 
(5) RESEARCH
PRIORITIES.—In distributing 
funding under this subsection, priority shall be given 
to integrated, long-term projects that— 
(A) build on, or are coordinated with, re-
lated research activities; and 
(B) address current or anticipated marine 
ecosystem, fishery, or wildlife management in-
formation needs. 
(6) DUPLICATION AND COORDINATION.—In car-
rying out this subsection, the Administrator shall 
seek to avoid duplication of other research and mon-
itoring activities and coordinate with existing re-
search and monitoring programs, including the Inte-
grated Coastal and Ocean Observation System Act 
of 2009 (33 U.S.C. 3601 et seq.). 
(e) FUNDING.— 
(1) IN GENERAL.—Except as provided in sub-
section (t)(4) of section 311 of the Federal Water 
Pollution Control Act (33 U.S.C. 1321), of the total 
amount made available for each fiscal year for the 
Gulf Coast Restoration Trust Fund established 
under section 1602, 5 percent shall be allocated in 
equal portions to the Program and Fisheries and 
Ecosystem Endowment established by this section. 
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570 
(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amounts received by the National Oceanic and At-
mospheric Administration to carry out this section, 
not more than 3 percent may be used for adminis-
trative expenses. 
SEC. 1605. EFFECT. 
(a) IN GENERAL.—Nothing in this subtitle or any 
amendment made by this subtitle— 
(1) supersedes or otherwise affects any provi-
sion of Federal law, including, in particular, laws 
providing recovery for injury to natural resources 
under the Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.) and laws for the protection of public 
health and the environment; or 
(2) applies to any fine collected under section 
311 of the Federal Water Pollution Control Act (33 
U.S.C. 1321) for any incident other than the Deep-
water Horizon oil spill. 
(b) USE OF FUNDS.—Funds made available under 
this subtitle may be used only for eligible activities specifi-
cally authorized by this subtitle. 
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571 
Subtitle G—Land and Water 
Conservation Fund 
SEC. 1701. LAND AND WATER CONSERVATION FUND. 
(a) AUTHORIZATION.—Section 2 of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 
5) is amended— 
(1) in the matter preceding subsection (a), by 
striking ‘‘September 30, 2015’’ and inserting ‘‘Sep-
tember 30, 2022’’; and 
(2) in subsection (c)(1), by striking ‘‘through 
September 30, 2015’’ and inserting ‘‘September 30, 
2022’’. 
(b) FUNDING.—Section 3 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is 
amended to read as follows: 
‘‘SEC. 3. AVAILABILITY OF FUNDS. 
‘‘(a) FUNDING.— 
‘‘(1) FISCAL YEARS 2013 AND 2014.—For each 
of fiscal years 2013 and 2014— 
‘‘(A) $700,000,000 of amounts covered 
into the fund under section 2 shall be available 
for expenditure, without further appropriation 
or fiscal year limitation, to carry out the pur-
poses of this Act; and 
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572 
‘‘(B) the remainder of amounts covered 
into the fund shall be available subject to ap-
propriations, which may be made without fiscal 
year limitation. 
‘‘(2) FISCAL YEARS 2015 THROUGH 2022.—For 
each of fiscal years 2015 through 2022, amounts 
covered into the fund under section 2 shall be avail-
able for expenditure to carry out the purposes of this 
Act subject to appropriations, which may be made 
without fiscal year limitation. 
‘‘(b) USES.—Amounts made available for obligation 
or expenditure from the fund may be obligated or ex-
pended only as provided in this Act. 
‘‘(c) WILLING SELLERS.—In using amounts made 
available under subsection (a)(1)(A), the Secretary shall 
only acquire land or interests in land by purchase, ex-
change, or donation from a willing seller. 
‘‘(d) ADDITIONAL AMOUNTS.—Amounts made avail-
able under subsection (a)(1)(A) shall be in addition to 
amounts made available to the fund under section 105 of 
the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109–432). 
‘‘(e) ALLOCATION AUTHORITY.—Appropriation Acts 
may provide for the allocation of amounts covered into the 
fund under section 2.’’. 
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573 
(c) ALLOCATION OF FUNDS.—Section 5 of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 
460l–7) is amended— 
(1) in the first sentence, by inserting ‘‘or ex-
penditures’’ after ‘‘appropriations’’; 
(2) in the second sentence— 
(A) by inserting ‘‘or expenditures’’ after 
‘‘appropriations’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, including the amounts to 
be allocated from the fund for Federal and 
State purposes’’; and 
(3) by striking ‘‘Those appropriations from’’ 
and all that follows through the end of the section. 
(d) CONFORMING AMENDMENTS.—Section 6(b) of 
the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l–8(b)) is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘or expended’’ after ‘‘appropriated’’; 
(2) in paragraph (1)— 
(A) by inserting ‘‘or expenditures’’ after 
‘‘appropriations’’; and 
(B) by striking ‘‘; and’’ and inserting a pe-
riod; and 
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574 
(3) in the first sentence of paragraph (2), by 
inserting ‘‘or expenditure’’ after ‘‘appropriation’’. 
(e) PUBLIC ACCESS.—Section 7 of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l- 
9) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘or expended’’ after ‘‘appro-
priated’’; and 
(B) in paragraph (3), by inserting ‘‘or ex-
penditures’’ after ‘‘such appropriations’’; 
(2) in subsection (b)— 
(A) in the first sentence, by inserting ‘‘or 
expenditures’’ after ‘‘Appropriations’’; and 
(B) in the proviso, by inserting ‘‘or ex-
penditures’’ after ‘‘appropriations’’; 
(3) in the first sentence of subsection (c)(1)— 
(A) by inserting ‘‘or expended’’ after ‘‘ap-
propriated’’; and 
(B) by inserting ‘‘or expenditures’’ after 
‘‘appropriations’’; and 
(4) by adding at the end the following: 
‘‘(d) PUBLIC ACCESS.—Not less than 1.5 percent of 
the annual authorized funding amount shall be made 
available each year for projects that secure recreational 
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575 
public access to existing Federal public land for hunting, 
fishing, and other recreational purposes.’’. 
Subtitle H—Offsets 
SEC. 1801. DELAY IN APPLICATION OF WORLDWIDE INTER-
EST. 
(a) IN GENERAL.—Paragraphs (5)(D) and (6) of sec-
tion 864(f) of the Internal Revenue Code of 1986 are each 
amended by striking ‘‘December 31, 2020’’ and inserting 
‘‘December 31, 2021.’’ 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
TITLE II—AMERICA FAST FOR-
WARD 
FINANCING 
INNOVA-
TION 
SEC. 2001. SHORT TITLE. 
This title may be cited as the ‘‘America Fast Forward 
Financing Innovation Act of 2011’’. 
SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT AMENDMENTS. 
Sections 601 through 609 of title 23, United States 
Code, are amended to read as follows: 
‘‘§ 601. Generally applicable provisions 
‘‘(a) DEFINITIONS.—In this chapter, the following 
definitions apply: 
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576 
‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli-
gible project costs’ means amounts substantially all 
of which are paid by, or for the account of, an obli-
gor in connection with a project, including the cost 
of— 
‘‘(A) development phase activities, includ-
ing planning, feasibility analysis, revenue fore-
casting, environmental review, permitting, pre-
liminary engineering and design work, and 
other preconstruction activities; 
‘‘(B) construction, reconstruction, rehabili-
tation, replacement, and acquisition of real 
property (including land relating to the project 
and improvements to land), environmental miti-
gation, construction contingencies, and acquisi-
tion of equipment; and 
‘‘(C) capitalized interest necessary to meet 
market requirements, reasonably required re-
serve funds, capital issuance expenses, and 
other carrying costs during construction. 
‘‘(2) FEDERAL
CREDIT
INSTRUMENT.—The 
term ‘Federal credit instrument’ means a secured 
loan, loan guarantee, or line of credit authorized to 
be made available under this chapter with respect to 
a project. 
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577 
‘‘(3) INVESTMENT-GRADE
RATING.—The term 
‘investment-grade rating’ means a rating of BBB 
minus, Baa3, bbb minus, BBB (low), or higher as-
signed by a rating agency to project obligations. 
‘‘(4) LENDER.—The term ‘lender’ means any 
non-Federal qualified institutional buyer (as defined 
in section 230.144A(a) of title 17, Code of Federal 
Regulations (or any successor regulation), known as 
Rule 144A(a) of the Securities and Exchange Com-
mission and issued under the Securities Act of 1933 
(15 U.S.C. 77a et seq.)), including— 
‘‘(A) a qualified retirement plan (as de-
fined in section 4974(c) of the Internal Revenue 
Code of 1986) that is a qualified institutional 
buyer; and 
‘‘(B) a governmental plan (as defined in 
section 414(d) of the Internal Revenue Code of 
1986) that is a qualified institutional buyer. 
‘‘(5) LETTER OF INTEREST.—The term ‘letter 
of interest’ means a letter submitted by a potential 
applicant prior to an application for credit assistance 
in a format prescribed by the Secretary on the 
website of the TIFIA program, which— 
‘‘(A) describes the project and the location, 
purpose, and cost of the project; 
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‘‘(B) outlines the proposed financial plan, 
including the requested credit assistance and 
the proposed obligor; 
‘‘(C) provides a status of environmental re-
view; and 
‘‘(D) provides information regarding satis-
faction of other eligibility requirements of the 
TIFIA program. 
‘‘(6) LINE
OF
CREDIT.—The term ‘‘ ‘line of 
credit’ ’’ means an agreement entered into by the 
Secretary with an obligor under section 604 to pro-
vide a direct loan at a future date upon the occur-
rence of certain events. 
‘‘(7) LIMITED
BUYDOWN.—The term ‘limited 
buydown’ means, subject to the conditions described 
in section 603(b)(4)(C), a buydown of the interest 
rate by the Secretary and by the obligor if the inter-
est rate has increased between— 
‘‘(A)(i) the date on which a project appli-
cation acceptable to the Secretary is submitted; 
or 
‘‘(ii) the date on which the Secretary en-
tered into a master credit agreement; and 
‘‘(B) the date on which the Secretary exe-
cutes the Federal credit instrument. 
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‘‘(8) LOAN GUARANTEE.—The term ‘loan guar-
antee’ means any guarantee or other pledge by the 
Secretary to pay all or part of the principal of and 
interest on a loan or other debt obligation issued by 
an obligor and funded by a lender. 
‘‘(9) MASTER CREDIT AGREEMENT.—The term 
‘master credit agreement’ means an agreement to 
extend credit assistance for a program of projects 
secured by a common security pledge (which shall 
receive an investment grade rating from a rating 
agency), or for a single project covered under section 
602(b)(2) that would— 
‘‘(A) make contingent commitments of 1 or 
more secured loans or other Federal credit in-
struments at future dates, subject to the avail-
ability of future funds being made available to 
carry out this chapter; 
‘‘(B) establish the maximum amounts and 
general terms and conditions of the secured 
loans or other Federal credit instruments; 
‘‘(C) identify the 1 or more dedicated non- 
Federal revenue sources that will secure the re-
payment of the secured loans or secured Fed-
eral credit instruments; 
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580 
‘‘(D) provide for the obligation of funds for 
the secured loans or secured Federal credit in-
struments after all requirements have been met 
for the projects subject to the master credit 
agreement, including— 
‘‘(i) completion of an environmental 
impact statement or similar analysis re-
quired under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
‘‘(ii) compliance with such other re-
quirements as are specified in section 
602(c); and 
‘‘(iii) the availability of funds to carry 
out this chapter; and 
‘‘(E) require that contingent commitments 
result in a financial close and obligation of 
credit assistance not later than 3 years after 
the date of entry into the master credit agree-
ment, or release of the commitment, unless oth-
erwise extended by the Secretary. 
‘‘(10) OBLIGOR.—The term ‘obligor’ means a 
party that— 
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581 
‘‘(A) is primarily liable for payment of the 
principal of or interest on a Federal credit in-
strument; and 
‘‘(B) may be a corporation, partnership, 
joint venture, trust, or governmental entity, 
agency, or instrumentality. 
‘‘(11) PROJECT.—The term ‘project’ means— 
‘‘(A) any surface transportation project eli-
gible for Federal assistance under this title or 
chapter 53 of title 49; 
‘‘(B) a project for an international bridge 
or tunnel for which an international entity au-
thorized under Federal or State law is respon-
sible; 
‘‘(C) a project for intercity passenger bus 
or rail facilities and vehicles, including facilities 
and vehicles owned by the National Railroad 
Passenger Corporation and components of mag-
netic levitation transportation systems; and 
‘‘(D) a project that— 
‘‘(i) is a project— 
‘‘(I) for a public freight rail facil-
ity or a private facility providing pub-
lic benefit for highway users by way of 
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direct freight interchange between 
highway and rail carriers; 
‘‘(II) for an intermodal freight 
transfer facility; 
‘‘(III) for a means of access to a 
facility described in subclause (I) or 
(II); 
‘‘(IV) for a service improvement 
for a facility described in subclause 
(I) or (II) (including a capital invest-
ment for an intelligent transportation 
system); or 
‘‘(V) that comprises a series of 
projects described in subclauses (I) 
through (IV) with the common objec-
tive of improving the flow of goods; 
‘‘(ii) may involve the combining of pri-
vate and public sector funds, including in-
vestment of public funds in private sector 
facility improvements; 
‘‘(iii) if located within the boundaries 
of a port terminal, includes only such sur-
face transportation infrastructure modi-
fications as are necessary to facilitate di-
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rect intermodal interchange, transfer, and 
access into and out of the port; and 
‘‘(iv) is composed of related highway, 
surface transportation, transit, rail, or 
intermodal capital improvement projects el-
igible for assistance under this subsection 
in order to meet the eligible project cost 
threshold under section 602, by grouping 
related projects together for that purpose, 
on the condition that the credit assistance 
for the projects is secured by a common 
pledge. 
‘‘(12) 
PROJECT
OBLIGATION.—The 
term 
‘project obligation’ means any note, bond, debenture, 
or other debt obligation issued by an obligor in con-
nection with the financing of a project, other than 
a Federal credit instrument. 
‘‘(13) RATING
AGENCY.—The term ‘rating 
agency’ means a credit rating agency registered with 
the Securities and Exchange Commission as a na-
tionally recognized statistical rating organization (as 
that term is defined in section 3(a) of the Securities 
Exchange Act of 1934 (15 U.S.C. 78c(a))). 
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‘‘(14) RURAL
INFRASTRUCTURE
PROJECT.— 
The term ‘rural infrastructure project’ means a sur-
face transportation infrastructure project either— 
‘‘(A) located in any area other than an ur-
banized area that has a population of greater 
than 250,000 inhabitants; or 
‘‘(B) connects a rural area to a city with 
a population of less than 250,000 inhabitants 
within the city limits. 
‘‘(15) SECURED
LOAN.—The term ‘secured 
loan’ means a direct loan or other debt obligation 
issued by an obligor and funded by the Secretary in 
connection with the financing of a project under sec-
tion 603. 
‘‘(16) STATE.—The term ‘State’ has the mean-
ing given the term in section 101. 
‘‘(17) SUBSIDY
AMOUNT.—The term ‘subsidy 
amount’ means the amount of budget authority suf-
ficient to cover the estimated long-term cost to the 
Federal Government of a Federal credit instrument, 
calculated on a net present value basis, excluding 
administrative costs and any incidental effects on 
governmental receipts or outlays in accordance with 
the Federal Credit Reform Act of 1990 (2 U.S.C. 
661 et seq.). 
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‘‘(18) SUBSTANTIAL
COMPLETION.—The term 
‘substantial completion’ means— 
‘‘(A) the opening of a project to vehicular 
or passenger traffic; or 
‘‘(B) a comparable event, as determined by 
the Secretary and specified in the credit agree-
ment. 
‘‘(19) TIFIA PROGRAM.—The term ‘TIFIA 
program’ means the transportation infrastructure fi-
nance and innovation program of the Department. 
‘‘(20) CONTINGENT
COMMITMENT.—The term 
‘contingent commitment’ means a commitment to 
obligate an amount from future available budget au-
thority that is— 
‘‘(A) contingent upon those funds being 
made available in law at a future date; and 
‘‘(B) not an obligation of the Federal Gov-
ernment. 
‘‘(b) TREATMENT OF CHAPTER.—For purposes of 
this title, this chapter shall be treated as being part of 
chapter 1. 
‘‘§ 602. Determination of eligibility and project selec-
tion 
‘‘(a) ELIGIBILITY.—A project shall be eligible to re-
ceive credit assistance under this chapter if the entity pro-
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posing to carry out the project submits a letter of interest 
prior to submission of a formal application for the project, 
and the project meets the following criteria: 
‘‘(1) CREDITWORTHINESS.— 
‘‘(A) IN GENERAL.—The project shall sat-
isfy 
applicable 
creditworthiness 
standards, 
which, at a minimum, includes— 
‘‘(i) a rate covenant, if applicable; 
‘‘(ii) adequate coverage requirements 
to ensure repayment; 
‘‘(iii) an investment grade rating from 
at least 2 rating agencies on debt senior to 
the Federal credit instrument; and 
‘‘(iv) a rating from at least 2 rating 
agencies on the Federal credit instrument, 
subject to the condition that, with respect 
to clause (iii), if the senior debt and Fed-
eral credit instrument is for an amount 
less than $75,000,000 or for a rural infra-
structure project or intelligent transpor-
tation systems project, 1 rating agency 
opinion for each of the senior debt and 
Federal credit instrument shall be suffi-
cient. 
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‘‘(B) 
SENIOR
DEBT.—Notwithstanding 
subparagraph (A), in a case in which the Fed-
eral credit instrument is the senior debt, the 
Federal credit instrument shall be required to 
receive an investment grade rating from at least 
2 rating agencies, unless the credit instrument 
is for a rural infrastructure project or intel-
ligent transportation systems project, in which 
case 1 rating agency opinion shall be sufficient. 
‘‘(2) INCLUSION
IN
TRANSPORTATION
PLANS 
AND PROGRAMS.—The project shall satisfy the appli-
cable planning and programming requirements of 
sections 134 and 135 at such time as an agreement 
to make available a Federal credit instrument is en-
tered into under this chapter. 
‘‘(3) APPLICATION.—A State, local government, 
public authority, public-private partnership, or any 
other legal entity undertaking the project and au-
thorized by the Secretary, shall submit a project ap-
plication acceptable to the Secretary. 
‘‘(4) ELIGIBLE PROJECT COSTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), to be eligible for assistance 
under this chapter, a project shall have eligible 
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project costs that are reasonably anticipated to 
equal or exceed the lesser of— 
‘‘(i)(I) $50,000,000; or 
‘‘(II) in the case of a rural infrastruc-
ture project, $25,000,000; or 
‘‘(ii) 331⁄3 percent of the amount of 
Federal highway assistance funds appor-
tioned for the most recently completed fis-
cal year to the State in which the project 
is located. 
‘‘(B) INTELLIGENT TRANSPORTATION SYS-
TEM PROJECTS.—In the case of a project prin-
cipally involving the installation of an intelligent 
transportation system, eligible project costs 
shall be reasonably anticipated to equal or ex-
ceed $15,000,000. 
‘‘(5) DEDICATED
REVENUE
SOURCES.—The 
Federal credit instrument shall be repayable, in 
whole or in part, from tolls, user fees, or other dedi-
cated revenue sources that also secure the project 
obligations. 
‘‘(6) PUBLIC SPONSORSHIP OF PRIVATE ENTI-
TIES.—In the case of a project that is undertaken 
by an entity that is not a State or local government 
or an agency or instrumentality of a State or local 
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government, the project that the entity is under-
taking shall be publicly sponsored as provided in 
paragraph (2). 
‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a rolling application process in which projects 
that are eligible to receive credit assistance under 
subsection (a) shall receive credit assistance on 
terms acceptable to the Secretary, if adequate funds 
are available to cover the subsidy costs associated 
with the Federal credit instrument. 
‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.— 
‘‘If the Secretary fully obligates funding to 
eligible projects in a given fiscal year, and ade-
quate funding is not available to fund a credit 
instrument, a project sponsor of an eligible 
project may elect to enter into a master credit 
agreement and wait until the following fiscal 
year or until additional funds are available to 
receive credit assistance. 
‘‘(3) PRELIMINARY RATING OPINION LETTER.— 
The Secretary shall require each project applicant to 
provide a preliminary rating opinion letter from at 
least 1 rating agency— 
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‘‘(A) indicating that the senior obligations 
of the project, which may be the Federal credit 
instrument, have the potential to achieve an in-
vestment-grade rating; and 
‘‘(B) including a preliminary rating opin-
ion on the Federal credit instrument. 
‘‘(c) FEDERAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—In addition to the require-
ments of this title for highway projects, chapter 53 
of title 49 for transit projects, and section 5333(a) 
of title 49 for rail projects, the following provisions 
of law shall apply to funds made available under this 
chapter and projects assisted with the funds: 
‘‘(A) Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.). 
‘‘(B) The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(C) The Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.). 
‘‘(2) NEPA.—No funding shall be obligated for 
a project that has not received an environmental 
Categorical Exclusion, Finding of No Significant 
Impact, or Record of Decision under the National 
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Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘§ 603. Secured loans 
‘‘(a) IN GENERAL.— 
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 
through (4), the Secretary may enter into agree-
ments with 1 or more obligors to make secured 
loans, the proceeds of which shall be used— 
‘‘(A) to finance eligible project costs of any 
project selected under section 602; 
‘‘(B) to refinance interim construction fi-
nancing of eligible project costs of any project 
selected under section 602; 
‘‘(C) to refinance existing loan agreements 
for rural infrastructure projects; or 
‘‘(D) to refinance long-term project obliga-
tions or Federal credit instruments if the refi-
nancing provides additional funding capacity for 
the completion, enhancement, or expansion of 
any project that— 
‘‘(i) is selected under section 602; or 
‘‘(ii) otherwise meets the requirements 
of section 602. 
‘‘(2) LIMITATION ON REFINANCING OF INTERIM 
CONSTRUCTION
FINANCING.—A loan under para-
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592 
graph (1) shall not refinance interim construction fi-
nancing under paragraph (1)(B) later than 1 year 
after the date of substantial completion of the 
project. 
‘‘(3) RISK ASSESSMENT.—Before entering into 
an agreement under this subsection, the Secretary, 
in consultation with the Director of the Office of 
Management and Budget, shall determine an appro-
priate capital reserve subsidy amount for each se-
cured loan, taking into account each rating letter 
provided by an agency under section 602(b)(3)(B). 
‘‘(b) TERMS AND LIMITATIONS.— 
‘‘(1) IN GENERAL.—A secured loan under this 
section with respect to a project shall be on such 
terms and conditions and contain such covenants, 
representations, warranties, and requirements (in-
cluding requirements for audits) as the Secretary de-
termines appropriate. 
‘‘(2) MAXIMUM AMOUNT.—The amount of the 
secured loan shall not exceed the lesser of 49 per-
cent of the reasonably anticipated eligible project 
costs or, if the secured loan does not receive an in-
vestment grade rating, the amount of the senior 
project obligations. 
‘‘(3) PAYMENT.—The secured loan— 
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‘‘(A) shall— 
‘‘(i) be payable, in whole or in part, 
from tolls, user fees, or other dedicated 
revenue sources that also secure the senior 
project obligations; and 
‘‘(ii) include a rate covenant, coverage 
requirement, or similar security feature 
supporting the project obligations; and 
‘‘(B) may have a lien on revenues de-
scribed in subparagraph (A) subject to any lien 
securing project obligations. 
‘‘(4) INTEREST RATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), the interest rate on 
the secured loan shall be not less than the yield 
on United States Treasury securities of a simi-
lar maturity to the maturity of the secured loan 
on the date of execution of the loan agreement. 
‘‘(B) 
RURAL
INFRASTRUCTURE 
PROJECTS.—A loan offered to a rural infra-
structure project under this chapter shall be at 
1⁄2 of the Treasury Rate. 
‘‘(C) LIMITED
BUYDOWNS.—A limited 
buydown is subject to the following conditions: 
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‘‘(i) The interest rate under the agree-
ment may not be lowered by more than the 
lower of— 
‘‘(I) 11⁄2 percentage points (150 
basis points); or 
‘‘(II) the amount of the increase 
in the interest rate. 
‘‘(ii) The Secretary may pay up to 50 
percent of the cost of the limited buydown, 
and the obligor shall pay the balance of the 
cost of the limited buydown. 
‘‘(iii) Not more than 5 percent of the 
funding made available annually to carry 
out this chapter may be used to carry out 
limited buydowns. 
‘‘(5) MATURITY
DATE.—The final maturity 
date of the secured loan shall be the lesser of— 
‘‘(A) 35 years after the date of substantial 
completion of the project; or 
‘‘(B) if the useful life of the capital asset 
being financed is of a lesser period, the useful 
life of the asset. 
‘‘(6) NONSUBORDINATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the secured loan shall not be 
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subordinated to the claims of any holder of 
project obligations in the event of bankruptcy, 
insolvency, or liquidation of the obligor. 
‘‘(B) PRE-EXISTING INDENTURE.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall waive subparagraph (A) for public 
agency borrowers that are financing ongo-
ing capital programs and have outstanding 
senior bonds under a pre-existing inden-
ture, if— 
‘‘(I) the secured loan is rated in 
the A-category or higher; 
‘‘(II) the secured loan is secured 
and payable from pledged revenues 
not affected by project performance, 
such as a tax-backed revenue pledge 
or a system-backed pledge of project 
revenues; and 
‘‘(III) the TIFIA program share 
of eligible project costs is 33 percent 
or less. 
‘‘(ii) LIMITATION.—If the Secretary 
waives the nonsubordination requirement 
under this subparagraph— 
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‘‘(I) the maximum credit subsidy 
that will be paid by the Federal Gov-
ernment shall be limited to 10 percent 
of the principal amount of the secured 
loan; and 
‘‘(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy cost. 
‘‘(7) FEES.—The Secretary may establish fees 
at a level sufficient to cover all or a portion of the 
costs to the Federal Government of making a se-
cured loan under this section. 
‘‘(8) NON-FEDERAL SHARE.—The proceeds of a 
secured loan under this chapter may be used for any 
non-Federal share of project costs required under 
this title or chapter 53 of title 49, if the loan is re-
payable from non-Federal funds. 
‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The 
total Federal assistance provided on a project receiv-
ing a loan under this chapter shall not exceed 80 
percent of the total project cost. 
‘‘(c) REPAYMENT.— 
‘‘(1) SCHEDULE.—The Secretary shall establish 
a repayment schedule for each secured loan under 
this section based on the projected cash flow from 
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597 
project revenues and other repayment sources, and 
the useful life of the project. 
‘‘(2) COMMENCEMENT.—Scheduled loan repay-
ments of principal or interest on a secured loan 
under this section shall commence not later than 5 
years after the date of substantial completion of the 
project. 
‘‘(3) DEFERRED PAYMENTS.— 
‘‘(A) AUTHORIZATION.—If, at any time 
after the date of substantial completion of the 
project, the project is unable to generate suffi-
cient revenues to pay the scheduled loan repay-
ments of principal and interest on the secured 
loan, the Secretary may, subject to subpara-
graph (C), allow the obligor to add unpaid prin-
cipal and interest to the outstanding balance of 
the secured loan. 
‘‘(B) INTEREST.—Any payment deferred 
under subparagraph (A) shall— 
‘‘(i) continue to accrue interest in ac-
cordance with subsection (b)(4) until fully 
repaid; and 
‘‘(ii) be scheduled to be amortized 
over the remaining term of the loan. 
‘‘(C) CRITERIA.— 
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598 
‘‘(i) IN GENERAL.—Any payment de-
ferral under subparagraph (A) shall be 
contingent on the project meeting criteria 
established by the Secretary. 
‘‘(ii) REPAYMENT
STANDARDS.—The 
criteria established under clause (i) shall 
include standards for reasonable assurance 
of repayment. 
‘‘(4) PREPAYMENT.— 
‘‘(A) USE
OF
EXCESS
REVENUES.—Any 
excess revenues that remain after satisfying 
scheduled debt service requirements on the 
project obligations and secured loan and all de-
posit requirements under the terms of any trust 
agreement, bond resolution, or similar agree-
ment securing project obligations may be ap-
plied annually to prepay the secured loan with-
out penalty. 
‘‘(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—The secured loan may be prepaid at 
any time without penalty from the proceeds of 
refinancing from non-Federal funding sources. 
‘‘(d) SALE OF SECURED LOANS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
as soon as practicable after substantial completion of 
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a project and after notifying the obligor, the Sec-
retary may sell to another entity or reoffer into the 
capital markets a secured loan for the project if the 
Secretary determines that the sale or reoffering can 
be made on favorable terms. 
‘‘(2) CONSENT OF OBLIGOR.—In making a sale 
or reoffering under paragraph (1), the Secretary 
may not change the original terms and conditions of 
the secured loan without the written consent of the 
obligor. 
‘‘(e) LOAN GUARANTEES.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
a loan guarantee to a lender in lieu of making a se-
cured loan if the Secretary determines that the 
budgetary cost of the loan guarantee is substantially 
the same as that of a secured loan. 
‘‘(2) TERMS.—The terms of a guaranteed loan 
shall be consistent with the terms set forth in this 
section for a secured loan, except that the rate on 
the guaranteed loan and any prepayment features 
shall be negotiated between the obligor and the lend-
er, with the consent of the Secretary. 
‘‘§ 604. Lines of credit 
‘‘(a) IN GENERAL.— 
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600 
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 
through (4), the Secretary may enter into agree-
ments to make available lines of credit to 1 or more 
obligors in the form of direct loans to be made by 
the Secretary at future dates on the occurrence of 
certain events for any project selected under section 
602. 
‘‘(2) USE OF PROCEEDS.—The proceeds of a 
line of credit made available under this section shall 
be available to pay debt service on project obliga-
tions issued to finance eligible project costs, extraor-
dinary repair and replacement costs, operation and 
maintenance expenses, and costs associated with un-
expected Federal or State environmental restrictions. 
‘‘(3) RISK ASSESSMENT.—Before entering into 
an agreement under this subsection, the Secretary, 
in consultation with the Director of the Office of 
Management and Budget and each rating agency 
providing a preliminary rating opinion letter under 
section 602(b)(3), shall determine an appropriate 
capital reserve subsidy amount for each line of cred-
it, taking into account the rating opinion letter. 
‘‘(4) INVESTMENT-GRADE
RATING
REQUIRE-
MENT.—The funding of a line of credit under this 
section shall be contingent on the senior obligations 
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601 
of the project receiving an investment-grade rating 
from 2 rating agencies. 
‘‘(b) TERMS AND LIMITATIONS.— 
‘‘(1) IN GENERAL.—A line of credit under this 
section with respect to a project shall be on such 
terms and conditions and contain such covenants, 
representations, warranties, and requirements (in-
cluding requirements for audits) as the Secretary de-
termines appropriate. 
‘‘(2) MAXIMUM AMOUNTS.—The total amount 
of the line of credit shall not exceed 33 percent of 
the reasonably anticipated eligible project costs. 
‘‘(3) DRAWS.—Any draw on the line of credit 
shall represent a direct loan and shall be made only 
if net revenues from the project (including capital-
ized interest but not including reasonably required 
financing reserves) are insufficient to pay the costs 
specified in subsection (a)(2). 
‘‘(4) INTEREST
RATE.—Except as otherwise 
provided in subparagraphs (B) and (C) of section 
603(b)(4), the interest rate on a direct loan result-
ing from a draw on the line of credit shall be not 
less than the yield on 30-year United States Treas-
ury securities as of the date of execution of the line 
of credit agreement. 
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602 
‘‘(5) SECURITY.—The line of credit— 
‘‘(A) shall— 
‘‘(i) be payable, in whole or in part, 
from tolls, user fees, or other dedicated 
revenue sources that also secure the senior 
project obligations; and 
‘‘(ii) include a rate covenant, coverage 
requirement, or similar security feature 
supporting the project obligations; and 
‘‘(B) may have a lien on revenues de-
scribed in subparagraph (A) subject to any lien 
securing project obligations. 
‘‘(6) PERIOD
OF
AVAILABILITY.—The full 
amount of the line of credit, to the extent not drawn 
upon, shall be available during the period beginning 
on the date of substantial completion of the project 
and ending not later than 10 years after that date. 
‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— 
‘‘(A) AGAINST FEDERAL GOVERNMENT.—A 
third-party creditor of the obligor shall not have 
any right against the Federal Government with 
respect to any draw on the line of credit. 
‘‘(B) ASSIGNMENT.—An obligor may as-
sign the line of credit to 1 or more lenders or 
to a trustee on the behalf of the lenders. 
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603 
‘‘(8) NONSUBORDINATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), a direct loan under 
this section shall not be subordinated to the 
claims of any holder of project obligations in 
the event of bankruptcy, insolvency, or liquida-
tion of the obligor. 
‘‘(B) PRE-EXISTING INDENTURE.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall waive subparagraph (A) for public 
agency borrowers that are financing ongo-
ing capital programs and have outstanding 
senior bonds under a pre-existing inden-
ture, if— 
‘‘(I) the line of credit is rated in 
the A-category or higher; 
‘‘(II) the TIFIA program loan 
resulting from a draw on the line of 
credit is payable from pledged reve-
nues not affected by project perform-
ance, such as a tax-backed revenue 
pledge or a system-backed pledge of 
project revenues; and 
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604 
‘‘(III) the TIFIA program share 
of eligible project costs is 33 percent 
or less. 
‘‘(ii) LIMITATION.—If the Secretary 
waives the nonsubordination requirement 
under this subparagraph— 
‘‘(I) the maximum credit subsidy 
that will be paid by the Federal Gov-
ernment shall be limited to 10 percent 
of the principal amount of the secured 
loan; and 
‘‘(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy cost. 
‘‘(9) FEES.—The Secretary may establish fees 
at a level sufficient to cover all or a portion of the 
costs to the Federal Government of providing a line 
of credit under this section. 
‘‘(10) RELATIONSHIP
TO
OTHER
CREDIT
IN-
STRUMENTS.—A project that receives a line of credit 
under this section shall not also receive a secured 
loan or loan guarantee under section 603 in an 
amount that, combined with the amount of the line 
of credit, exceeds 49 percent of eligible project costs. 
‘‘(c) REPAYMENT.— 
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605 
‘‘(1) TERMS AND CONDITIONS.—The Secretary 
shall establish repayment terms and conditions for 
each direct loan under this section based on the pro-
jected cash flow from project revenues and other re-
payment sources, and the useful life of the asset 
being financed. 
‘‘(2) TIMING.—All repayments of principal or 
interest on a direct loan under this section shall be 
scheduled to commence not later than 5 years after 
the end of the period of availability specified in sub-
section (b)(6) and to conclude, with full repayment 
of principal and interest, by the date that is 25 
years after the end of the period of availability speci-
fied in subsection (b)(6). 
‘‘§ 605. Program administration 
‘‘(a) REQUIREMENT.—The Secretary shall establish 
a uniform system to service the Federal credit instruments 
made available under this chapter. 
‘‘(b) FEES.—The Secretary may collect and spend 
fees, contingent upon authority being provided in appro-
priations Acts, at a level that is sufficient to cover— 
‘‘(1) the costs of services of expert firms re-
tained pursuant to subsection (d); and 
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606 
‘‘(2) all or a portion of the costs to the Federal 
Government of servicing the Federal credit instru-
ments. 
‘‘(c) SERVICER.— 
‘‘(1) IN GENERAL.—The Secretary may appoint 
a financial entity to assist the Secretary in servicing 
the Federal credit instruments. 
‘‘(2) DUTIES.—The servicer shall act as the 
agent for the Secretary. 
‘‘(3) FEE.—The servicer shall receive a serv-
icing fee, subject to approval by the Secretary. 
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
retary may retain the services of expert firms, including 
counsel, in the field of municipal and project finance to 
assist in the underwriting and servicing of Federal credit 
instruments. 
‘‘§ 606. State and local permits 
‘‘The provision of credit assistance under this chapter 
with respect to a project shall not— 
‘‘(1) relieve any recipient of the assistance of 
any obligation to obtain any required State or local 
permit or approval with respect to the project; 
‘‘(2) limit the right of any unit of State or local 
government to approve or regulate any rate of re-
turn on private equity invested in the project; or 
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607 
‘‘(3) otherwise supersede any State or local law 
(including any regulation) applicable to the construc-
tion or operation of the project. 
‘‘§ 607. Regulations 
‘‘The Secretary may promulgate such regulations as 
the Secretary determines appropriate to carry out this 
chapter. 
‘‘§ 608. Funding 
‘‘(a) FUNDING.— 
‘‘(1) SPENDING
AND
BORROWING
AUTHOR-
ITY.—Spending and borrowing authority for a fiscal 
year to enter into Federal credit instruments shall 
be promptly apportioned to the Secretary on a fiscal 
year basis. 
‘‘(2) REESTIMATES.—When the estimated cost 
of a loan or loans is reestimated, the cost of the re-
estimate shall be borne by or benefit the general 
fund of the Treasury, consistent with section 661c(f) 
of title 2, United States Code. 
‘‘(3) RURAL SET-ASIDE.— 
‘‘(A) IN GENERAL.—Of the total amount 
of funds made available to carry out this chap-
ter for each fiscal year, 10 percent shall be set 
aside for rural infrastructure projects. 
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608 
‘‘(B) REOBLIGATION.—Any amounts set 
aside under subparagraph (A) that remain un-
obligated by June 1 of the fiscal year for which 
the amounts were set aside shall be available 
for obligation by the Secretary on projects other 
than rural infrastructure projects. 
‘‘(4) REDISTRIBUTION OF AUTHORIZED FUND-
ING.— 
‘‘(A) IN GENERAL.—Beginning in the sec-
ond fiscal year after the date of enactment of 
this paragraph, on August 1 of that fiscal year, 
and each fiscal year thereafter, if the unobli-
gated and uncommitted balance of funding 
available exceeds 150 percent of the amount 
made available to carry out this chapter for 
that fiscal year, the Secretary shall distribute to 
the States the amount of funds and associated 
obligation authority in excess of that amount. 
‘‘(B) DISTRIBUTION.—The amounts and 
obligation authority distributed under this para-
graph shall be distributed, in the same manner 
as obligation authority is distributed to the 
States for the fiscal year, based on the propor-
tion that— 
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‘‘(i) the relative share of each State of 
obligation authority for the fiscal year; 
bears to 
‘‘(ii) the total amount of obligation 
authority distributed to all States for the 
fiscal year. 
‘‘(C) PURPOSE.—Funds distributed under 
subparagraph (B) shall be available for any 
purpose described in section 133(c). 
‘‘(5) AVAILABILITY.—Amounts made available 
to carry out this chapter shall remain available until 
expended. 
‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 
made available to carry out this chapter, the Sec-
retary may use not more than 1 percent for each fis-
cal year for the administration of this chapter. 
‘‘(b) CONTRACT AUTHORITY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, execution of a term sheet by the 
Secretary of a Federal credit instrument that uses 
amounts made available under this chapter shall im-
pose on the United States a contractual obligation to 
fund the Federal credit investment. 
‘‘(2) AVAILABILITY.—Amounts made available 
to carry out this chapter for a fiscal year shall be 
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628 
transportation and other transportation 
service providers carried out by a recipient 
or subrecipient through an agreement en-
tered into with a person, including a gov-
ernmental entity, under this chapter (other 
than section 5309); but 
‘‘(ii) excluding operating public trans-
portation services; or 
‘‘(L) associated capital maintenance, in-
cluding— 
‘‘(i) equipment, tires, tubes, and ma-
terial, each costing at least .5 percent of 
the current fair market value of rolling 
stock comparable to the rolling stock for 
which the equipment, tires, tubes, and ma-
terial are to be used; and 
‘‘(ii) reconstruction of equipment and 
material, each of which after reconstruc-
tion will have a fair market value of at 
least .5 percent of the current fair market 
value of rolling stock comparable to the 
rolling stock for which the equipment and 
material will be used. 
‘‘(4) DESIGNATED RECIPIENT.—The term ‘des-
ignated recipient’ means— 
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651 
operation of transportation systems and facilities 
(including accessible pedestrian walkways, bicycle 
transportation facilities, and intermodal facilities 
that support intercity transportation) that will func-
tion as— 
‘‘(A) an intermodal transportation system 
for the metropolitan planning area; and 
‘‘(B) an integral part of an intermodal 
transportation system for the applicable State 
and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing metropolitan transportation plans and 
transportation improvement programs shall— 
‘‘(A) provide for consideration of all modes 
of transportation; and 
‘‘(B) be continuing, cooperative, and com-
prehensive to the degree appropriate, based on 
the complexity of the transportation needs to be 
addressed. 
‘‘(4) TIERING.— 
‘‘(A) TIER I MPOS.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization shall be designated 
as a tier I MPO if— 
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