To provide for the restoration of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of Gulf Coast States and to provide funding for the Land and Water Conservation Fund.

SA 1822. Mr. NELSON of Florida (for himself, Mrs. Shaheen, and Ms.
Landrieu) submitted an amendment intended to be proposed by him to the
bill S. 1813, to reauthorize Federal-aid highway and highway safety
construction programs, and for other purposes; which was ordered to lie
on the table; as follows:

At the end of title I of division A, add the following:

Subtitle F--Gulf Coast Restoration

SEC. 1601. SHORT TITLE.

This subtitle may be cited as the ``Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived
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 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 instrument 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 activities
of this subtitle; and
(2) remain available until expended, without fiscal 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 expenditure 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 Interior
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 compliance with applicable
requirements, including procedures 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 Pollution
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 intended; and
(3) procedures for identification and allocation of funds
available to the Secretary under other provisions of law that
may be necessary to pay the administrative expenses directly
attributable to the management of the Trust Fund.

SEC. 1603. 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 Chairperson of the
Council;
``(28) the term `coastal political subdivision' means any
local political jurisdiction that is immediately below the
State level of government, including a county, parish, or

[[Page S1471]]

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 pursuant 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 offshore drilling unit
Deepwater Horizon that occurred on April 20, 2010, and
resulting hydrocarbon releases 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 discretion of, the Federal Government
or officers or agents of the Federal Government) that border
the Gulf of Mexico;
``(B) any adjacent land, water, and watersheds, 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 Mexico;
``(33) the term `Gulf Coast State' means any of the States
of Alabama, Florida, Louisiana, Mississippi, 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 expenditures.--
``(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
section, to the Gulf Coast States in equal shares for
expenditure for ecological and economic restoration of the
Gulf Coast ecosystem in accordance with this subsection.
``(B) Use of funds.--
``(i) Eligible activities.--Amounts provided to the Gulf
States under this subsection 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 federally approved marine,
coastal, or comprehensive conservation management plan,
including fisheries monitoring.
``(IV) Programs to promote tourism 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 education regarding the natural
resources of the Gulf Coast ecosystem.
``(VII) Planning assistance.
``(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 Continental 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 Horizon 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 percent may be used for
administrative costs eligible under clause (i)(XII).
``(II) Prohibition on use for imported seafood.--None of
the funds made available under this subsection shall be used
for any program to support or promote imported seafood 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 affected counties.--Of the total
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 counties; and
``(bb) 90 percent shall be distributed to the 8
disproportionately affected counties in accordance 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 September 30, 2012.
``(CC) 20 percent based on the weighted average of the
population of the county.
``(DD) 20 percent based on the inverse proportion 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 political 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
population of the county.
``(bb) 33 percent based on the weighted average of the
county per capita sales tax collections estimated for the
fiscal year ending September 30, 2012.
``(cc) 33 percent based on the inverse proportion of the
weighted average distance from 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 following 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
population of the parish.
``(cc) 20 percent based on the weighted average of the land
mass of the parish.
``(iv) Conditions.--

``(I) Land use plan.--As a condition 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 subparagraph (D).

``(D) Conditions.--As a condition of receiving amounts from
the Trust Fund, a Gulf Coast State, including the entities
described in subparagraph (E), or a coastal political
subdivision shall--
``(i) agree to meet such conditions, including audit
requirements, as the Secretary of the Treasury determines
necessary to ensure that amounts disbursed from the Trust
Fund will be used in accordance 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 coastal
political subdivision is requesting amounts--

``(I) is designed to restore and protect the natural
resources, ecosystems, 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, including broad-based participation from individuals,
businesses, and nonprofit organizations; and
``(IV) in the case of a natural resource protection or
restoration project, is based on the best available science;

``(iii) certify that the project or program and the
awarding of a contract for the expenditure of amounts
received under this subsection are consistent with the
standard procurement rules and regulations governing a
comparable project or program in that State, including all
applicable competitive bidding and audit requirements; 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 pursuant to
this paragraph:
``(i) Alabama.--

``(I) In general.--In the State of Alabama, the Alabama
Gulf Coast Recovery Council, which shall be comprised of only
the following:

``(aa) The Governor of Alabama, 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 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.

[[Page S1472]]

``(II) Vote.--Each member of the Alabama Gulf Coast
Recovery Council shall be entitled to 1 vote.
``(III) Majority vote.--All decisions of the Alabama Gulf
Coast Recovery Council shall be made by majority vote.

``(ii) Louisiana.--In the State of Louisiana, the Coastal
Protection and Restoration Authority of Louisiana.
``(iii) Mississippi.--In the State of Mississippi, the
Mississippi Department of Environmental Quality.
``(F) Compliance with eligible activities.--If the
Secretary of the Treasury determines 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 subparagraph (B)(i), the Secretary
shall make no additional 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 Secretary 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 subdivision does not meet the requirements of this
subsection, including the conditions of subparagraph (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 conditions
of this subsection are met.
``(H) Public input.--In meeting any condition 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 recommendations for proposed
projects and programs that would restore and protect the
natural resources, ecosystems, fisheries, marine and wildlife
habitats, 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 Revived Economies of the Gulf
Coast States Act of 2012--
``(i) the Gulf Coast State or coastal political subdivision
has established conditions for carrying out projects and
programs 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 described 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 the Council to identify large-scale projects
that may be jointly supported by that Gulf Coast State and by
the Council pursuant to the Comprehensive 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 subparagraph (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 coastal political subdivision may give a preference
to individuals and companies that reside in, are
headquartered in, or are principally engaged 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, including 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.
``(2) Council establishment and allocation.--
``(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 expend 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 wetlands, and economy
of the Gulf Coast.
``(ii) Allocation and expenditure procedures.--The
Secretary of the Treasury shall develop such conditions,
including audit requirements, as the Secretary of the
Treasury determines necessary to ensure that amounts
disbursed from the Trust Fund to the Council to implement the
Comprehensive Plan will be used in accordance with this
paragraph.
``(iii) Administrative expenses.--Of the amounts received
by the Council under this subsection, not more than 3 percent
may be used for administrative expenses, including staff.
``(C) Gulf coast ecosystem restoration council.--
``(i) Establishment.--There is established 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 Interior.
``(III) The Secretary of the Army.
``(IV) The Secretary of Commerce.
``(V) The Administrator of the Environmental Protection
Agency.
``(VI) The Secretary of Agriculture.
``(VII) The head of the department in which the Coast Guard
is operating.
``(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 appointed 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 Council, the representatives of States on the 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 affirmative 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 Comprehensive Plan and future
revisions 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).

``(III) Quorum.--A quorum of State members shall be
required to be present for the Council to take any
significant action.
``(IV) Affirmative vote requirement deemed met.--For
approval 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
requirements for affirmative votes under subclause (I).
``(V) Public transparency.--Appropriate actions of the
Council, including votes on significant actions and
associated deliberations, shall be made available to the
public.

``(vii) Duties of council.--The Council shall--

``(I) develop the Comprehensive Plan, and future revisions
to the Comprehensive Plan;
``(II) identify as soon as practicable the projects that--

``(aa) have been authorized prior to the date of enactment
of this subsection but not yet commenced; and
``(bb) if implemented quickly, 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 agencies, State
and local governments, and private sector entities for
addressing the restoration and protection of the Gulf Coast
ecosystem;
``(IV) establish such other advisory committee or
committees as may be necessary to assist the Council,
including a scientific advisory committee and a committee to
advise the Council on public policy issues;
``(V) coordinate scientific and other research associated
with restoration of the Gulf Coast ecosystem, including
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;

[[Page S1473]]

``(VI) seek to ensure that all policies, 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 especially economically and socially vulnerable
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 companies
that reside in, are headquartered in, or are principally
engaged in business in, a Gulf Coast State;
``(IX) prepare an integrated financial 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 annual report that--

``(aa) summarizes the policies, strategies, plans, and
activities for addressing the restoration and protection of
the Gulf Coast ecosystem;
``(bb) describes the projects and programs being
implemented to restore and protect the Gulf Coast ecosystem;
and
``(cc) makes such recommendations 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 expended.

``(viii) Application of federal advisory committee act.--
The Council, or any other advisory committee established
under this subsection, shall not be considered an advisory
committee under the Federal 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 enactment of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012, the Chairperson, on behalf of the
Council, shall publish a proposed plan to restore and protect
the natural resources, 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 Sustainability,
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 Plan to restore and
protect the natural 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 coordination with the President's Gulf Coast
Restoration Task Force.
``(III) Considerations.--In developing 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 Endowment established pursuant to the Gulf Coast
Ecosystem Restoration Science, Monitoring, and Technology
Program under section 1604 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived 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 subsection but not yet
commenced, the completion of which would further the purposes
and goals of this subsection and of the Resources and
Ecosystems Sustainability, 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 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
illustrates 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 established 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
``(bb) the 3-year list of projects and programs described
in subclause (IV)(dd) annually.
``(iii) Restoration priorities.--Except 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
address 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, marine 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 substantially contribute to restoring and protecting the
natural resources, ecosystems, fisheries, marine and wildlife
habitats, beaches, and coastal wetlands of the Gulf Coast
ecosystem.
``(III) Projects contained in existing Gulf Coast State
comprehensive plans for the restoration and protection 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 resources, 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, acting 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 responsibility.--

``(I) In general.--Primary authority 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 Federal agency.
``(II) Transfer of amounts.--Amounts necessary to carry out
each project or program included in the Comprehensive Plan
shall be transferred by the Secretary of the Treasury from
the Trust Fund to that Federal agency or Gulf Coast State as
the project or program is implemented, subject to such
conditions as the Secretary of the Treasury, in consultation
with the Secretary of the Interior and the Secretary of
Commerce, established pursuant to section 1602 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012.

``(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 carrying a project or program that--

``(aa) is authorized by other Federal law; and
``(bb) meets the criteria of subparagraph (D).

``(II) Inclusion in comprehensive plan.--A project or
program described in subclause (I) that meets the criteria
for inclusion in the Comprehensive Plan described in
subparagraph (D) shall be selected and adopted by the Council
as part of the Comprehensive Plan in the manner described in
subparagraph (D).

``(F) Coordination.--The Council and the Federal members of
the Council may develop Memorandums of Understanding
establishing integrated funding and implementation plans
among the member agencies and authorities.
``(G) Termination.--The Council shall terminate on the date
on which the report described in subparagraph (C)(vii)(XI) is
submitted to Congress.
``(3) Oil spill restoration impact allocation.--
``(A) In general.--Except as provided in paragraph (4), of
the total amount made available 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 subparagraph (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 criteria:

``(I) 40 percent based on the proportionate number of miles
of shoreline in each Gulf Coast State that experienced oiling
as of 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 inverse proportion of the
average distance from the Deepwater Horizon oil rig 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 decennial census of coastal counties bordering 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 programs.--
``(i) In general.--The Council shall disburse amounts to
the respective Gulf Coast States in accordance with the
formula developed under subparagraph (A) for projects,
programs, and activities that will improve

[[Page S1474]]

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 following criteria:

``(I) All projects, programs, and activities included in
that plan are eligible 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 consideration 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 made available for infrastructure
projects eligible under subclauses (X) and (XI) of paragraph
(1)(B)(i).
``(II) Exception.--The plan described in clause (i) may
propose to use more than 25 percent of the funding 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
addressed by the projects in the proposed plan; and
``(bb) additional investment in infrastructure is required
to mitigate the impacts of the Deepwater Horizon Oil Spill to
the ecosystem or economy.
``(iii) Development.--The plan described 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 that includes at least 1
representative of each disproportionally affected county;
``(III) in the State of Louisiana, the Coastal Protection
and Restoration Authority of Louisiana;
``(IV) in the State of Mississippi, the Office of the
Governor or an appointee of the Office of the Governor; and
``(V) in the State of Texas, the Office of the Governor or
an appointee of the Office of the Governor.

``(iv) Approval.--Not later than 60 days after the date on
which a plan is submitted under clause (i), the Council shall
approve or disapprove the plan based on the conditions of
clause (i).
``(C) Disapproval.--If the Council disapproves a plan
pursuant to subparagraph (B)(iv), the Council shall--
``(i) provide the reasons for disapproval 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 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 subsection.
``(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 jurisdiction and venue,
that is located within the State seeking such review.
``(4) Authorization of interest transfers.--
``(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
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 established 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 Revenue Code of 1986, and any interest on,
and proceeds from, any such investment shall be available for
expenditure in accordance with this subparagraph.

``(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 interest
earned by the National Endowment 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
Endowment for the Oceans--

``(aa) to allocate funding to coastal states (as defined in
section 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 regional ocean and coastal
planning bodies; and
``(cc) to develop and implement a National Grant Program
for Oceans and Coastal Waters.

``(II) Program adjustments.--Each fiscal year where the
amount described in subparagraph (A)(i) does not exceed
$100,000,000, the Secretary may elect to fund only the grant
program established in subclause (I)(cc).

``(iv) Eligible activities.--Funds deposited in the
National Endowment for the Oceans may be allocated by the
Secretary only to fund grants for programs and activities
intended to restore, protect, maintain, or understand living
marine resources 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 programs and activities carried out in
coordination with Federal and State departments or agencies,
that are consistent with Federal environmental laws and that
avoid environmental degradation.
``(v) Application.--To be eligible to receive a grant under
clause (iii)(I), an entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary 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 shoreline 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 allocation among
coastal States for any fiscal year.
``(V) No territory shall be allocated more than 1 percent
of the total amount of funds available for allocation among
coastal States for any fiscal year.

``(C) Gulf of mexico research endowment.--
``(i) In general.--There is established in the Treasury of
the United States a trust fund to be known as the `Gulf of
Mexico Research Endowment', to be administered by the
Secretary of Commerce, solely for use in providing long-term
funding in accordance with section 1604 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies 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 principal,
any interest on, and proceeds from, any such investment shall
be available for expenditure and shall be allocated in equal
portions to the Gulf Coast Ecosystem Restoration Science,
Monitoring, and Technology Program and Fisheries Endowment
established in section 1604 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies
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 ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Fisheries and ecosystem endowment.--The term
``Fisheries and Ecosystem Endowment'' means the endowment
established by subsection (d).
(3) Program.--The term ``Program'' means the Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and
Technology Program established by subsection (b).
(b) Establishment of Program.--There is established within
the National Oceanic and Atmospheric Administration a program
to be known as the ``Gulf Coast Ecosystem Restoration
Science, Observation, Monitoring, and Technology Program'',
to be carried out by the Administrator.
(c) Centers of Excellence.--
(1) In general.--In carrying out the Program, the
Administrator, in consultation with other Federal agencies
with expertise in the discipline of a center of excellence,
shall make grants in accordance 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 establishment of centers of
excellence as described in paragraph (1).
(B) Application.--To be eligible to receive 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 demonstrate the ability to establish the broadest cross-
section of participants with interest and expertise in any
discipline described in

[[Page S1475]]

paragraph (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, restoration and
protection; including solutions and technology that allow
citizens to live safely and sustainably in a coastal delta.
(B) Coastal fisheries and wildlife ecosystem research and
monitoring.
(C) Offshore energy development, including research and
technology to improve the sustainable and safe development of
energy resources.
(D) Sustainable and resilient growth, economic and
commercial development in the Gulf Coast.
(E) Comprehensive observation, monitoring, and mapping of
the Gulf of Mexico.
(4) Coordination with other programs.--The Administrator
shall develop a plan for the coordination of projects and
activities between the Program 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.
(2) Expenditure of funds.--For each fiscal year, amounts
made available to carry out this subsection may be expended
for, with respect to the Gulf of Mexico--
(A) marine and estuarine research;
(B) marine and estuarine ecosystem monitoring and ocean
observation;
(C) data collection and stock assessments;
(D) pilot programs for--
(i) fishery independent data; and
(ii) reduction of exploitation of spawning 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 consultation with the Director of the
United States Fish and Wildlife Service, with guidance
provided by the Regional Gulf of Mexico Fishery Management
Council.
(4) Species included.--The Fisheries and Ecosystem
Endowment will include all marine, estuarine, aquaculture,
and fish and wildlife species in State and Federal waters of
the Gulf of Mexico.
(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, related research
activities; and
(B) address current or anticipated marine ecosystem,
fishery, or wildlife management information needs.
(6) Duplication and coordination.--In carrying out this
subsection, the Administrator shall seek to avoid duplication
of other research and monitoring activities and coordinate
with existing research and monitoring programs, including the
Integrated Coastal and Ocean Observation System Act of 2009
(33 U.S.C. 3601 et seq.).
(e) Funding.--
(1) In general.--Except as provided in subsection (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.
(2) Administrative expenses.--Of the amounts received by
the National Oceanic and Atmospheric Administration to carry
out this section, not more than 3 percent may be used for
administrative expenses.

SEC. 1605. EFFECT.

(a) In General.--Nothing in this subtitle or any amendment
made by this subtitle--
(1) supersedes or otherwise affects any provision 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 Deepwater Horizon oil spill.
(b) Use of Funds.--Funds made available under this subtitle
may be used only for eligible activities specifically
authorized by this subtitle.

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 ``September 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
purposes of this Act; and
``(B) the remainder of amounts covered into the fund shall
be available subject to appropriations, 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 available 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 expended 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, exchange, or donation
from a willing seller.
``(d) Additional Amounts.--Amounts made available 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.''.
(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 expenditures''
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 period; and
(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 ``appropriated''; and
(B) in paragraph (3), by inserting ``or expenditures''
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 expenditures'' after
``appropriations'';
(3) in the first sentence of subsection (c)(1)--
(A) by inserting ``or expended'' after ``appropriated'';
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 public access to
existing Federal public land for hunting, fishing, and other
recreational purposes.''.

Subtitle H--Offsets

SEC. 1801. DELAY IN APPLICATION OF WORLDWIDE INTEREST.

(a) In General.--Paragraphs (5)(D) and (6) of section
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.

SEC. 1802.

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