[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1140 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1140
To provide for restoration of the coastal areas of the Gulf of Mexico
affected by the Deepwater Horizon oil spill, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2011
Mr. Rockefeller introduced the following bill; which was read twice
and referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide for restoration of the coastal areas of the Gulf of Mexico
affected by the Deepwater Horizon oil spill, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Restoration Act''.
SEC. 2. GULF COAST ECOSYSTEM RESTORATION.
(a) Definitions.--In this section:
(1) Chair.--The term ``Chair'' means the Chair of the Task
Force appointed under subsection (d)(3).
(2) State coastal ecosystem restoration plan.--The term
``State Coastal Ecosystem Restoration Plan'' means a plan
submitted under subsection (c) by a qualifying State to the
Task Force.
(3) Fund.--The term ``Fund'' means the Gulf Coast Ecosystem
Restoration Fund established by subsection (b)(2)(A).
(4) Governors.--The term ``Governors'' means the Governors
of each of the States of Alabama, Florida, Louisiana, and
Mississippi.
(5) Gulf coast ecosystem.--The term ``Gulf Coast
ecosystem'' means the coastal zones, as determined pursuant to
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.), of the States of Alabama, Florida, Louisiana, and
Mississippi and adjacent State waters and areas of the outer
Continental Shelf, adversely impacted by 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.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Qualifying state.--The term ``qualifying State'' means
each of the States of Alabama, Florida, Louisiana, and
Mississippi.
(8) Task force.--The term ``Task Force'' means the Gulf
Coast Ecosystem Restoration Task Force established by
subsection (d).
(b) Gulf Coast Ecosystem Restoration.--
(1) In general.--In accordance with this section, the Chair
shall review and approve or disapprove State Coastal Ecosystem
Restoration Plans submitted by the Governors that provide for
restoration activities with respect to the Gulf Coast
ecosystem.
(2) Gulf coast ecosystem restoration fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
``Gulf Coast Ecosystem Restoration Fund''.
(B) Transfers to fund.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
deposit into the Fund amounts equal to not less than 80
percent of any amounts collected by the United States
as penalties, settlements, or fines under sections 309
and 311 of the Federal Water Pollution Control Act (33
U.S.C. 1319, 1321) in relation to the blowout and
explosion of the mobile offshore drilling unit
Deepwater Horizon that occurred on April 20, 2010, and
resulting hydrocarbon releases into the environment.
(C) Authorized uses.--The Fund shall be available
to the Chair for the conservation, protection, and
restoration of the Gulf Coast ecosystem in accordance
with State Coastal Ecosystem Restoration Plans
submitted by the Governors and approved by the Chair
under this section.
(3) Disbursement.--The Chair shall disburse to each
qualifying State for which the Chair has approved a State
Coastal Ecosystem Restoration Plan under this section such
funds as are allocated to the qualifying State under this
section.
(4) Use of funds by qualifying state.--A qualifying State
shall use all amounts received under this section, including
any amount deposited in a trust fund that is administered by
the State and dedicated to uses consistent with this section,
in accordance with all applicable Federal and State law, only
for 1 or more of the following purposes:
(A) Projects and activities for the conservation,
protection, or restoration of coastal areas, including
wetlands.
(B) Mitigation of damage to fish, wildlife, or
natural resources.
(C) Planning assistance and the administrative
costs of complying with this section.
(D) Implementation of a federally approved marine,
coastal, or comprehensive conservation management plan.
(c) State Coastal Ecosystem Restoration Plan.--
(1) Submission of state plans.--
(A) In general.--Not later than July 1, 2012, the
Governor of a qualifying State shall submit to the
Chair a State Coastal Ecosystem Restoration Plan.
(B) Public participation.--In carrying out
subparagraph (A), the Governor shall solicit local
input and provide for public participation in the
development of the plan.
(2) Approval.--
(A) In general.--The Chair must approve a plan of a
qualifying State submitted under paragraph (1) before
disbursing any amount to the qualifying State under
this section.
(B) Required components.--The Chair shall approve a
plan submitted by a qualifying State under paragraph
(1) if--
(i) the Chair determines that the plan is
consistent with the uses described in
subsection (b); and
(ii) the plan contains--
(I) the name of the State agency
that will have the authority to
represent and act on behalf of the
State in dealing with the Secretary for
purposes of this section;
(II) a program for the
implementation of the plan that
describes how the amounts provided
under this section to the qualifying
State will be used; and
(III) a certification by the
Governor that ample opportunity has
been provided for public participation
in the development and revision of the
plan.
(3) Amendments.--Any amendment to a plan submitted under
paragraph (1) shall be--
(A) developed in accordance with this subsection;
and
(B) submitted to the Chair for approval or
disapproval under paragraph (4).
(4) Procedure.--Not later than 60 days after the date on
which a plan or amendment to a plan is submitted under
paragraph (1) or (3), respectively, the Chair shall approve or
disapprove the plan or amendment.
(d) Gulf Coast Ecosystem Restoration Task Force.--
(1) Establishment.--There is established the Gulf Coast
Ecosystem Restoration Task Force.
(2) Membership.--The Task Force shall consist of the
following members, or in the case of a Federal agency, a
designee at the level of Assistant Secretary or the equivalent:
(A) The Secretary.
(B) The Secretary of Commerce.
(C) The Secretary of the Army.
(D) The Attorney General.
(E) The Secretary of Homeland Security.
(F) The Administrator of the Environmental
Protection Agency.
(G) The Commandant of the Coast Guard.
(H) The Secretary of Transportation.
(I) The Secretary of Agriculture.
(J) A representative of each affected Indian tribe,
appointed by the Secretary based on the recommendations
of the tribal chairman.
(K) Two representatives of each of the States of
Alabama, Florida, Louisiana, and Mississippi, appointed
by the Governor of each State, respectively.
(L) Two representatives of local government within
each of the States of Alabama, Florida, Louisiana, and
Mississippi, appointed by the Governor of each State,
respectively.
(3) Chair.--The Chair of the Task Force shall be appointed
by the President from among the members under paragraph (2) who
are Federal officials.
(4) Duties of the task force.--The Task Force shall--
(A) consult with, and provide recommendations to,
the Chair regarding the approval of State Coastal
Ecosystem Restoration Plans;
(B) coordinate scientific and other research
associated with restoration of the Gulf Coast
ecosystem; and
(C) submit an annual report to Congress that
summarizes the State Coastal Ecosystem Restoration
Plans submitted by the Governors and approved by the
Chair.
(5) Application of the federal advisory committee act.--The
Task Force shall not be considered an advisory committee under
the Federal Advisory Committee Act (5 U.S.C. App.).
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