S. 1311Senate111th Congress (2009-2011)In Committee

Gulf of Mexico Restoration and Protection Act

Introduced June 19, 2009

Legislative Activity

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6 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 501.

August 2, 2010

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SenateIntro Referral

Introduced in Senate

June 19, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6848)

June 19, 2009

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

June 19, 2009

SenateCommittee

Committee on Environment and Public Works Subcommittee on Water and Wildlife. Hearings held.

November 9, 2009

SenateCommittee

Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.

June 30, 2010

SenateCommittee

Committee on Environment and Public Works. Reported by Senator Boxer with an amendment in the nature of a substitute. With written report No. 111-241.

August 2, 2010

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 501.

August 2, 2010

Floor Debate

23 members

What members said about S. 1311 on the floor

8 Republicans14 Democrats1 Independent
Tom Coburn
Sen. Tom CoburnR-OK · Jul 21, 2010

Mr. President, I have listened to my colleague from California. I am somewhat amazed to think she would imply we don't care about the unemployed. The fact is, we do. I went through the list of the…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jul 21, 2010

Mr. President, the Senator from Vermont speaks in very clear words. When he says this debate is about whose side are you on, he could not be more on target. We have a situation where we know that…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Jul 21, 2010

Mr. President, my high school English teacher always used to say: All right, let's review things. So let's review things just for a moment. I have listened to some of this debate in the Senate today,…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Jul 21, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I wish to take a few moments to talk about what is currently happening in the Senate, in my…

Bernard Sanders
Sen. Bernard SandersI-VT · Jul 21, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, every day it becomes harder and harder for me to listen to my Republican friends who race down…

Show 8 more
Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Jul 21, 2010

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, we are spending time today in so many ways talking about where the American people are right…

John Barrasso
Sen. John BarrassoR-WY · Jul 21, 2010

Madam President, I come to the floor to visit about the continuation of revelations to the American people about the health bill that has been signed into law by the President. I come as someone who…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jul 21, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, the oil disaster in the…

Jim DeMint
Sen. Jim DeMintR-SC · Jul 21, 2010

Mr. President, I agree with my colleague from Massachusetts. The blame game has gone on long enough. There is certainly enough blame to go around. But I need to remind the majority that they have…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Jul 21, 2010

Mr. President, during the debate, I had a chance to sit in the chair for a while and listen to one of my colleagues from across the aisle. In the space of just a short period of time, that colleague…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 21, 2010

Mr. President, will the Senator yield for a question? Mr. President, first, I thank the Senator from Michigan. Her State more than any State in the Nation has been hit harder by this recession and…

Scott P. Brown
Sen. Scott P. Brown R-MA · Jul 21, 2010

Mr. President, I enjoyed the prior speeches. I don't necessarily agree with them, but I enjoyed them. There is plenty of blame to go around. We can go back to the fact that the majority party has…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Jul 21, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, today, hopefully, we…

Show 11 more
Jon Kyl
Sen. Jon KylR-AZ · Jul 21, 2010

Mr. President, in the Rose Garden on Tuesday, President Obama stood with three long-time job seekers and reminded us that out- of-work Americans want to find work, and no one here, of course,…

Edward E. Kaufman
Sen. Edward E. Kaufman D-DE · Jul 21, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak as in morning business for up to 5 minutes. Mr. President, I…

Harry Reid
Sen. Harry ReidD-NV · Jul 21, 2010

Mr. President, I ask, through the Chair, if my friend will yield for me to make a unanimous consent request. Mr. President, I ask unanimous consent that all postcloture time be considered expired,…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Jun 19, 2009

Mr. President, today I introduce an important piece of legislation that will help protect and preserve the health and productivity of one of our Nation's most important bodies of water--the Gulf of…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Jun 19, 2009

Mr. President, today I introduce an important piece of legislation that will help protect and preserve the health and productivity of one of our Nation's most important bodies of water--the Gulf of…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Jun 19, 2009

Mr. President, today I introduce legislation requested by the Secretary of Veterans Affairs, as a courtesy to the Secretary and the Department of Veterans Affairs. Except in unusual circumstances, it…

Carl Levin
Sen. Carl LevinD-MI · Jul 21, 2010

Mr. President, for weeks we have sought to continue extended emergency unemployment benefits. We must do this because, while our economic recovery has begun, it has a long way to go. Our economy is…

Mike  Johanns
Sen. Mike Johanns R-NE · Jul 21, 2010

Madam President, I ask unanimous consent the order for the quorum call be rescinded. I thank the Chair. (The remarks of Mr. Johanns pertaining to the introduction of S. 3622 are located in today's…

Maria Cantwell
Sen. Maria CantwellD-WA · Jul 21, 2010

Mr. President, I move to reconsider that vote and lay that motion upon the table. The motion to lay upon the table was agreed to. Mr. President, I suggest the absence of a quorum.

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jul 21, 2010

I ask unanimous consent that the order for the quorum call be rescinded. I ask unanimous consent to speak for up to 15 minutes as in morning business. I may ask to extend my time.

Jim Bunning
Sen. Jim BunningR-KY · Jun 19, 2009

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

2 versions available

Reading Mode
Latest
Reported to SenateIssued August 2, 2010

II

Calendar No. 501

111th CONGRESS

2d Session

S. 1311

[Report No. 111–241]

IN THE SENATE OF THE UNITED STATES

June 19, 2009

Mr. Wicker (for himself, Ms. Landrieu, Mr. Cochran, Mr. Vitter, and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

August 2, 2010

Reported by Mrs. Boxer, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Federal Water Pollution Control Act to expand and strengthen cooperative efforts to monitor, restore, and protect the resource productivity, water quality, and marine ecosystems of the Gulf of Mexico.

1.

Short title

This Act may be cited as the Gulf of Mexico Restoration and Protection Act.

2.

Findings and purposes

(a)

Findings

Congress finds that—

(1)

the Gulf of Mexico is a valuable resource of national and international importance, continuously serving the people of the United States and other countries as an important source of food, economic productivity, recreation, beauty, and enjoyment;

(2)

over many years, the resource productivity and water quality of the Gulf of Mexico and its watershed have been diminished by point and nonpoint source pollution;

(3)

the United States should seek to attain the protection and restoration of the Gulf of Mexico ecosystem as a collaborative regional goal of the Gulf of Mexico Program; and

(4)

the Administrator of the Environmental Protection Agency, in consultation with other Federal agencies and State and local authorities, should coordinate the effort to meet those goals.

(b)

Purposes

The purposes of this Act are—

(1)

to expand and strengthen cooperative efforts to restore and protect the Gulf of Mexico;

(2)

to expand Federal support for monitoring, management, and restoration activities in the Gulf of Mexico and its watershed;

(3)

to commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, the Gulf of Mexico; and

(4)

to establish a Gulf of Mexico Program to serve as a national and international model for the collaborative management of large marine ecosystems.

3.

Gulf of Mexico restoration and protection

Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

123.

Gulf of Mexico restoration and protection

(a)

Definitions

In this section;

(1)

Gulf of mexico ecosystem

The term Gulf of Mexico ecosystem means the ecosystem of the Gulf of Mexico and its watershed.

(2)

Gulf of mexico executive council

The term Gulf of Mexico Executive Council means the formal collaborative Federal, State, local, and private participants in the Program.

(3)

Program

The term Program means the Gulf of Mexico Program established by the Administrator in 1988 as a nonregulatory, inclusive partnership to provide a broad geographic focus on the primary environmental issues affecting the Gulf of Mexico.

(4)

Program office

The term Program Office means the office established by the Administrator to administer the Program that is reestablished by subsection (b)(1)(A).

(b)

Continuation of gulf of mexico program

(1)

Gulf of mexico program office

(A)

Reestablishment

The Program Office established before the date of enactment of this section by the Administrator is reestablished as an office of the Environmental Protection Agency.

(B)

Requirements

The Program Office shall be—

(i)

headed by a Director who, by reason of management experience and technical expertise relating to the Gulf of Mexico, is highly qualified to direct the development of plans and programs on a variety of Gulf of Mexico issues, as determined by the Administrator; and

(ii)

located in a State all or a portion of the coastline of which is on the Gulf of Mexico.

(C)

Functions

The Program Office shall—

(i)

coordinate the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies—

(I)

to improve the water quality and living resources in the Gulf of Mexico ecosystem; and

(II)

to obtain the support of appropriate officials;

(ii)

in cooperation with appropriate Federal, State, and local authorities, assist in developing and implementing specific action plans to carry out the Program;

(iii)

coordinate and implement priority State-led and community-led restoration plans and projects and facilitate science, research, modeling, monitoring, data collection, and other activities that support the Program;

(iv)

implement outreach programs for public information, education, and participation to foster stewardship of the resources of the Gulf of Mexico;

(v)

develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Gulf of Mexico ecosystem;

(vi)

serve as the liaison with, and provide information to, the Mexican members of the Gulf of Mexico States Accord and Mexican counterparts of the Environmental Protection Agency; and

(vii)

focus the efforts and resources of the Program Office on activities that will result in measurable improvements to water quality and living resources of the Gulf of Mexico ecosystem.

(c)

Interagency agreements

The Administrator may enter into 1 or more interagency agreements with other Federal agencies to carry out this section.

(d)

Grants

(1)

In general

In accordance with the Program, the Administrator may provide grants to nonprofit organizations, State and local governments, colleges, universities, interstate agencies, and individuals to carry out this section for use in—

(A)

monitoring the water quality and living resources of the Gulf of Mexico ecosystem;

(B)

researching the effects of natural and human-induced environmental changes on the water quality and living resources of the Gulf of Mexico ecosystem;

(C)

developing and executing cooperative strategies that address the water quality and living resource needs in the Gulf of Mexico ecosystem;

(D)

developing and implementing locally based protection and restoration programs or projects within a watershed that complement those strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Gulf of Mexico ecosystem; and

(E)

eliminating or reducing point sources that discharge pollutants that contaminate the Gulf of Mexico ecosystem, including activities to eliminate leaking septic systems and construct connections to local sewage systems.

(2)

Federal share

The Federal share of the cost of any project or activity carried out using a grant provided under this section shall not exceed 75 percent, as determined by the Administrator.

(3)

Administrative costs

Administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against programs or projects carried out using funds made available through a grant under this subsection shall not exceed 15 percent of the amount of the grant.

(e)

Reports

(1)

Annual report

Not later than December 30, 2009, and annually thereafter, the Director of the Program Office shall submit to the Administrator and make available to the public a report that describes—

(A)

each project and activity funded under this section during the previous fiscal year;

(B)

the goals and objectives of those projects and activities; and

(C)

the net benefits of projects and activities funded under this section during previous fiscal years.

(2)

Assessment

(A)

In general

Not later than April 30, 2011, and every 5 years thereafter, the Administrator, in coordination with the Gulf of Mexico Executive Council, shall complete an assessment, and submit to Congress a comprehensive report on the performance, of the Program.

(B)

Requirements

The assessment and report described in subparagraph (A) shall—

(i)

assess the overall state of the Gulf of Mexico ecosystem;

(ii)

compare the current state of the Gulf of Mexico ecosystem with a baseline assessment;

(iii)

include specific measures to assess any improvements in water quality and living resources of the Gulf of Mexico ecosystem;

(iv)

assess the effectiveness of the Program management strategies being implemented, and the extent to which the priority needs of the region are being met through that implementation; and

(v)

make recommendations for the improved management of the Program, including strengthening strategies being implemented or adopting improved strategies.

(f)

Budget item

The Administrator, in the annual submission to Congress of the budget of the Environmental Protection Agency, shall include a funding line item request for the Program Office as a separate budget line item.

(g)

Authorization of appropriations

There are authorized to be appropriated to carry out this section, to remain available until expended—

(1)

$10,000,000 for fiscal year 2010;

(2)

$15,000,000 for fiscal year 2011; and

(3)

$25,000,000 for each of fiscal years 2012 through 2014.

.

1.

Short title

This Act may be cited as the Gulf of Mexico Restoration and Protection Act.

2.

Findings and purposes

(a)

Findings

Congress finds that—

(1)

the Gulf of Mexico is a valuable resource of national and international importance, continuously serving the people of the United States and other countries as an important source of food, economic productivity, recreation, beauty, and enjoyment;

(2)

over many years, the resource productivity and water quality of the Gulf of Mexico and its watershed have been diminished by point and nonpoint source pollution;

(3)

the United States should seek to attain the protection and restoration of the Gulf of Mexico ecosystem as a collaborative regional goal of the Gulf of Mexico Program; and

(4)

the Administrator of the Environmental Protection Agency, in consultation with other Federal agencies and State and local authorities, should coordinate the effort to meet those goals.

(b)

Purposes

The purposes of this Act are—

(1)

to expand and strengthen cooperative voluntary efforts to restore and protect the Gulf of Mexico;

(2)

to expand Federal support for monitoring, management, and restoration activities in the Gulf of Mexico and its watershed;

(3)

to commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, the Gulf of Mexico; and

(4)

to establish a Gulf of Mexico Program to serve as a national and international model for the collaborative management of large marine ecosystems.

3.

Gulf of Mexico restoration and protection

Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

123.

Gulf of Mexico restoration and protection

(a)

Definitions

In this section;

(1)

Gulf of mexico ecosystem

The term Gulf of Mexico ecosystem means the ecosystem of the Gulf of Mexico and its watershed.

(2)

Gulf of mexico executive council

The term Gulf of Mexico Executive Council means the formal collaborative Federal, State, local, and private participants in the Program.

(3)

Program

The term Program means the Gulf of Mexico Program established by the Administrator in 1988 as a nonregulatory, inclusive partnership to provide a broad geographic focus on the primary environmental issues affecting the Gulf of Mexico.

(4)

Program office

The term Program Office means the office established by the Administrator to administer the Program that is reestablished by subsection (b)(1)(A).

(b)

Continuation of gulf of mexico program

(1)

Gulf of mexico program office

(A)

Reestablishment

The Program Office established before the date of enactment of this section by the Administrator is reestablished as an office of the Environmental Protection Agency.

(B)

Requirements

The Program Office shall be—

(i)

headed by a Director who, by reason of management experience and technical expertise relating to the Gulf of Mexico, is highly qualified to direct the development of plans and programs on a variety of Gulf of Mexico issues, as determined by the Administrator; and

(ii)

located in a State all or a portion of the coastline of which is on the Gulf of Mexico.

(C)

Functions

The Program Office shall—

(i)

coordinate the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies—

(I)

to improve the water quality and living resources in the Gulf of Mexico ecosystem; and

(II)

to obtain the support of appropriate officials;

(ii)

in cooperation with appropriate Federal, State, and local authorities, assist in developing and implementing specific action plans to carry out the Program;

(iii)

coordinate and implement priority State-led and community-led restoration plans and projects, and facilitate science, research, modeling, monitoring, data collection, and other activities that support the Program through the provision of grants under subsection (d);

(iv)

implement outreach programs for public information, education, and participation to foster stewardship of the resources of the Gulf of Mexico;

(v)

develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Gulf of Mexico ecosystem;

(vi)

serve as the liaison with, and provide information to, the Mexican members of the Gulf of Mexico States Accord and Mexican counterparts of the Environmental Protection Agency; and

(vii)

focus the efforts and resources of the Program Office on activities that will result in measurable improvements to water quality and living resources of the Gulf of Mexico ecosystem.

(c)

Interagency agreements

The Administrator may enter into 1 or more interagency agreements with other Federal agencies to carry out this section.

(d)

Grants

(1)

In general

In accordance with the Program, the Administrator, acting through the Program Office, may provide grants to nonprofit organizations, State and local governments, colleges, universities, interstate agencies, and individuals to carry out this section for use in—

(A)

monitoring the water quality and living resources of the Gulf of Mexico ecosystem;

(B)

researching the effects of natural and human-induced environmental changes on the water quality and living resources of the Gulf of Mexico ecosystem;

(C)

developing and executing cooperative strategies that address the water quality and living resource needs in the Gulf of Mexico ecosystem;

(D)

developing and implementing locally based protection and restoration programs or projects within a watershed that complement those strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Gulf of Mexico ecosystem; and

(E)

eliminating or reducing nonpoint sources that discharge pollutants that contaminate the Gulf of Mexico ecosystem, including activities to eliminate leaking septic systems and construct connections to local sewage systems.

(2)

Federal share

The Federal share of the cost of any project or activity carried out using a grant provided under this section shall not exceed 75 percent, as determined by the Administrator.

(3)

Administrative costs

Administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against programs or projects carried out using funds made available through a grant under this subsection shall not exceed 15 percent of the amount of the grant.

(e)

Reports

(1)

Annual report

Not later than December 30, 2009, and annually thereafter, the Director of the Program Office shall submit to the Administrator and make available to the public a report that describes—

(A)

each project and activity funded under this section during the previous fiscal year;

(B)

the goals and objectives of those projects and activities; and

(C)

the net benefits of projects and activities funded under this section during previous fiscal years.

(2)

Assessment

(A)

In general

Not later than April 30, 2011, and every 5 years thereafter, the Administrator, in coordination with the Gulf of Mexico Executive Council, shall complete an assessment, and submit to Congress a comprehensive report on the performance, of the Program.

(B)

Requirements

The assessment and report described in subparagraph (A) shall—

(i)

assess the overall state of the Gulf of Mexico ecosystem;

(ii)

compare the current state of the Gulf of Mexico ecosystem with a baseline assessment;

(iii)

include specific measures to assess any improvements in water quality and living resources of the Gulf of Mexico ecosystem;

(iv)

assess the effectiveness of the Program management strategies being implemented, and the extent to which the priority needs of the region are being met through that implementation; and

(v)

make recommendations for the improved management of the Program, including strengthening strategies being implemented or adopting improved strategies.

(f)

Budget item

The Administrator, in the annual submission to Congress of the budget of the Environmental Protection Agency, shall include a funding line item request for the Program Office as a separate budget line item.

(g)

Limitation on regulatory authority

Nothing in this section establishes any new legal or regulatory authority of the Administrator other than the authority to provide grants in accordance with this section.

(h)

Authorization of appropriations

There are authorized to be appropriated to carry out this section, to remain available until expended—

(1)

$10,000,000 for fiscal year 2010;

(2)

$15,000,000 for fiscal year 2011; and

(3)

$25,000,000 for each of fiscal years 2012 through 2014.

.

August 2, 2010

Reported with an amendment