tivities of this Act and the amendments made by 
this Act; 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-
ture in accordance with this Act and the amendments 
made by this Act. 
(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 Act, including— 
(1) procedures to assess whether the programs 
and activities carried out under this Act and the 
amendments made by this Act achieve compliance 
with applicable requirements, including procedures 
by which the Secretary of the Treasury may deter-
mine whether an expenditure by a Gulf Coast State 
or coastal political subdivision (as those terms are 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
defined in section 311 of the Federal Water Pollu-
tion 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-
visions of law that may be necessary to pay the ad-
ministrative expenses directly attributable to the 
management of the Trust Fund. 
SEC. 4. GULF COAST NATURAL RESOURCES RESTORATION 
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; 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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); 
‘‘(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 region’ 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)) that border the Gulf of Mexico; 
‘‘(B) any adjacent land, water, and water-
sheds, that are within 25 miles of those coastal 
zones of the Gulf Coast States; and 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(C) all Federal waters in the Gulf of Mex-
ico; 
‘‘(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 3 of the Resources and Ecosystems Sus-
tainability, Tourist Opportunities, and Revived 
Economies of the Gulf Coast States Act of 2011.’’; 
(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 region in accordance 
with this subsection. 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(B) USE OF FUNDS.— 
‘‘(i) ELIGIBLE ACTIVITIES.—Amounts 
provided to the Gulf Coast States under 
this subsection may only be used to carry 
out one 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 charter fishing and rec-
reational fishing. 
‘‘(V) Programs to promote the 
consumption of seafood produced from 
the Gulf Coast region. 
‘‘(VI) Programs to promote edu-
cation regarding the natural resources 
of the Gulf Coast region. 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(VII) Planning assistance. 
‘‘(VIII) Workforce development, 
job creation, and other economic de-
velopment projects. 
‘‘(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 region 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.— 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
under clause (ii), 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 paragraph 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; 
‘‘(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 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 one or more of 
the activities described in subpara-
graph (B)(i); 
‘‘(III) was selected based on 
meaningful input from the public, in-
cluding public scoping, planning, com-
ment, and 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 
the expenditure of amounts received under 
this paragraph are consistent with the 
standard procurement rules and regula-
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 the use of such 
amounts. 
‘‘(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. 
‘‘(bb) The Director of the 
Alabama State Port Authority, 
who shall also serve as Vice 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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. 
‘‘(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-
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 one 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— 
‘‘(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 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 
paragraph, 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 paragraph are met. 
‘‘(H) PUBLIC INPUT.—In meeting any con-
dition of this paragraph, a Gulf Coast State 
may use an appropriate procedure for public 
consultation in that Gulf Coast State, including 
consulting with one or more established task 
forces or other entities, public scoping, plan-
ning, and comment, to develop recommenda-
tions for proposed projects and programs that 
would restore and protect the natural resources, 
ecosystems, fisheries, marine and wildlife habi-
tats, beaches, coastal wetlands, and economy of 
the Gulf Coast. 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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 2011— 
‘‘(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 one or more of the activities de-
scribed in subparagraph (B)(i). 
‘‘(J) CONSULTATION WITH COUNCIL.—In 
carrying out this paragraph, each Gulf Coast 
State shall 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 paragraph. 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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 paragraph, a Gulf Coast State or 
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 the State of project execu-
tion. 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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 paragraph, in-
cluding the conditions of subparagraph (D), the 
Gulf Coast State or coastal political subdivision 
may obtain expedited judicial review within 90 
days after that decision in a district court of 
the United States, of appropriate jurisdiction 
and venue, that is located within the State 
seeking such review. 
‘‘(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 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
the Council to carry out the Comprehensive 
Plan and projects, programs, and activities ap-
proved pursuant to paragraph (3)(B)(iv). 
‘‘(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. 
‘‘(iii) ADMINISTRATIVE
EXPENSES.— 
Of the amounts received by the Council 
under this paragraph, not more than 3 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
percent may be used for administrative ex-
penses. 
‘‘(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. 
‘‘(V) The Administrator of the 
Environmental Protection Agency. 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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 
the Governor’s behalf. 
‘‘(iv) CHAIRPERSON.—From among 
the Federal agency members of the Coun-
cil, the representatives of States on the 
Council shall select, and the President 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 Chairperson and a 
majority of the State members to be 
effective. 
‘‘(II) 
INCLUSIONS.—Significant 
actions include— 
‘‘(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 
be submitted to Congress pursu-
ant to clause (vii)(X). 
‘‘(III) QUORUM.—A quorum of 
State members shall be required to be 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 paragraph 
(3)(B), when joined by an affirmative 
vote of the Chairperson of the Coun-
cil, is deemed to satisfy the require-
ments for affirmative votes under sub-
clause (I). 
‘‘(V) PUBLIC
TRANSPARENCY.— 
Appropriate actions of the Council, in-
cluding significant actions and associ-
ated deliberations, shall be made 
available to the public via electronic 
means prior to any vote. 
‘‘(vii) DUTIES
OF
COUNCIL.—The 
Council shall— 
‘‘(I) develop the Comprehensive 
Plan and future revisions to the Com-
prehensive Plan; 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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 region; 
‘‘(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 region; 
‘‘(IV) establish such other advi-
sory committee or committees as may 
be necessary to assist the Council, in-
cluding to address public policy and 
scientific issues; 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(V) coordinate scientific and 
other research associated with restora-
tion of the Gulf Coast region; 
‘‘(VI) seek to ensure that all poli-
cies, strategies, plans, and activities 
for addressing the restoration of the 
Gulf Coast region 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 
and programs awarded pursuant to 
the Comprehensive Plan that provide 
a preference to individuals and com-
panies that reside in, are headquar-
tered 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 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
the Federal agencies represented on 
the Council for projects and programs 
in the Gulf Coast States; and 
‘‘(X) submit an annual report to 
Congress that— 
‘‘(aa) summarizes the poli-
cies, strategies, plans, and activi-
ties for addressing the restora-
tion and protection of the Gulf 
Coast region; 
‘‘(bb) describes the projects 
and programs being implemented 
to restore and protect the Gulf 
Coast region; and 
‘‘(cc) 
makes 
such 
rec-
ommendations to Congress for 
modifications of existing laws as 
the Council determines necessary 
to implement the Comprehensive 
Plan. 
‘‘(viii) APPLICATION OF FEDERAL AD-
VISORY COMMITTEE ACT.—The Council, or 
any other advisory committee established 
under this subparagraph, shall not be con-
sidered an advisory committee under the 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 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 2011 
and after notice and opportunity for 
public comment, the Chairperson, on 
behalf of the Council and after ap-
proval by the Council, shall publish in 
the Federal Register the initial Com-
prehensive Plan to restore and protect 
the natural resources, ecosystems, 
fisheries, marine and wildlife habitats, 
beaches, and coastal wetlands of the 
Gulf Coast region. 
‘‘(II) COOPERATION WITH GULF 
COAST RESTORATION TASK FORCE.— 
The Council shall develop the initial 
Comprehensive Plan in close coordina-
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
tion with the President’s Gulf Coast 
Restoration Task Force. 
‘‘(III) CONSIDERATIONS.—In de-
veloping the initial Comprehensive 
Plan, the Council shall consider all 
relevant findings or reports submitted 
by a center of excellence participating 
in the Gulf Coast Ecosystem Restora-
tion Science, Monitoring, and Tech-
nology Program established pursuant 
to section 5(c) of the Resources and 
Ecosystems 
Sustainability, 
Tourist 
Opportunities, and Revived Economies 
of the Gulf Coast States Act of 2011. 
‘‘(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 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 2011; 
‘‘(cc) a description of the 
manner in which amounts from 
the Trust Fund projected to be 
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 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 subparagraph for 
each 5-year period for which 
amounts are expected to be made 
available to the Gulf Coast States 
from the Trust Fund; and 
‘‘(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 one or more of the following criteria: 
‘‘(I) Projects that are projected 
to make the greatest contribution to 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
restoring and protecting the natural 
resources, ecosystems, fisheries, ma-
rine and wildlife habitats, beaches, 
and coastal wetlands of the Gulf 
Coast region, without regard to geo-
graphic 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 
habitats, beaches, and coastal wet-
lands of the Gulf Coast region. 
‘‘(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 region. 
‘‘(IV) Projects that restore long- 
term resiliency of the natural re-
sources, ecosystems, fisheries, marine 
and wildlife habitats, beaches, and 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
coastal wetlands most impacted by the 
Deepwater Horizon oil spill. 
‘‘(E) IMPLEMENTATION.— 
‘‘(i) IN GENERAL.—The Council, act-
ing through the Federal agencies rep-
resented on the Council and Gulf Coast 
States, may carry out projects and pro-
grams adopted in the Comprehensive Plan. 
‘‘(ii) 
ADMINISTRATIVE
RESPONSI-
BILITY.— 
‘‘(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, 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
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 3 of the Re-
sources 
and 
Ecosystems 
Sustain-
ability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast 
States Act of 2011. 
‘‘(iii) COST SHARING.— 
‘‘(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 out a project or program that— 
‘‘(aa) is authorized by other 
Federal law; and 
‘‘(bb) meets the criteria of 
this paragraph. 
‘‘(II) INCLUSION IN COMPREHEN-
SIVE PLAN.—A project or program de-
scribed in subclause (I) shall be se-
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
lected and adopted by the Council as 
part of the Comprehensive Plan in the 
manner described in this paragraph. 
‘‘(F) COORDINATION.—The Council and 
the Federal members of the Council may de-
velop memorandums of understanding estab-
lishing integrated funding and implementation 
plans among the member agencies and authori-
ties. 
‘‘(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-
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
line in each Gulf Coast State that ex-
perienced oiling on or before April 10, 
2011, compared to the total number 
of miles 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 
mobile offshore drilling unit at the 
time of the explosion to the nearest 
and farthest point of the shoreline 
that experienced oiling 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. 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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) 
for projects, programs, and activities that 
will improve the ecosystems or economy of 
the Gulf Coast region, subject to the condi-
tion that each Gulf Coast State submits a 
plan for the expenditure of amounts dis-
bursed under this paragraph which meet 
the following 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 
region. 
‘‘(III) The plan is consistent with 
the goals and objectives described in 
paragraph (2)(B)(i). 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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 
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 eco-
system or economy. 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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); 
‘‘(II) in the State of Florida, a 
consortia of local political subdivisions 
to include at a minimum 1 representa-
tive of each affected county; 
‘‘(III) in the State of Louisiana, 
the Coastal Protection and Restora-
tion Authority of Louisiana; 
‘‘(IV) in the State of Texas, the 
Office of the Governor or an ap-
pointee of the Office of the Governor; 
and 
‘‘(V) in the State of Mississippi, 
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). 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(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 
‘‘(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 paragraph, any funds made 
available under this paragraph shall remain in 
the Trust Fund until such date as a plan is 
submitted and approved pursuant to this para-
graph. 
‘‘(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.— 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS
‘‘(A) IN GENERAL.—Of the total amount 
made available in any fiscal year from the 
Trust Fund, an amount equal to 50 percent of 
the interest earned by the Trust Fund and pro-
ceeds from investments made by the Trust 
Fund for the preceding fiscal year shall be 
transferred to the Gulf of Mexico Research En-
dowment established by subparagraph (B). 
‘‘(B) 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 5 of the Re-
sources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived Econo-
mies of the Gulf Coast States Act of 2011. 
‘‘(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 any interest on, and proceeds 
VerDate Mar 15 2010 
23:04 Oct 11, 2011
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3096.IH
H3096
jlentini on DSK4TPTVN1PROD with BILLS