Okaloosa County BOCC — Sept 11, 2012 — SB1400 RESTORE Act — reading text

HN DO OH PP WO YY KS Oo NO NO NH WN NO RR Fe RRP RP Re Ee RE mW BB WO NO §F& OD OO CO ST WB FH FP WO NY KF OC 11 “G) ELIGIBLE ACTIVITIES.—Amounts provided to the Gulf States under this sub- section may only be used to carry out 1 or more of the following activities: “(1) Coastal restoration projects and activities, including conservation and coastal land acquisition. “(I) Mitigation of damage to, and restoration of, fish, wildlife, or natural resources. “(1) Implementation of a feder- ally approved marine, coastal, or com- prehensive conservation management plan, including fisheries monitoring. “(TV) Programs to promote tour- ism in a Gulf Coast State. “(V) Programs to promote the consumption of seafood produced from the Gulf Coast ecosystem. “(VI) Programs to promote edu- cation regarding the natural resources of the Gulf Coast ecosystem. “(VII) Planning assistance. “(VITI) Workforce development and job creation. eS 1400 IS Oo Oo HN NWN WO FP WO NN NO wo NH NO NO KR YR Se FP RP PF FS FSF Ke BR WO NO F&F DOD CO WDB ITNT DUH BP WO NY YF OS *S 1400 IS 12 “(IX) Improvements to or upon State parks located in coastal areas affected by the Deepwater Horizon oil spill. ‘“(X) Mitigation of the ecological and economic impact of outer Conti- nental Shelf activities and the impacts of the Deepwater Horizon oil spill or promotion of the long-term ecological or economic recovery of the Gulf Coast ecosystem through the funding of infrastructure projects. “CXI) Coastal flood protection and infrastructure directly affected by coastal wetland losses, beach erosion, and the impacts of the Deepwater Ho- rizon oil spill. “CXIT) Administrative costs of complying with this subsection. “(Gi) LIMITATION.— “(1) IN GENERAL.—Of the amounts received by a Gulf State under this subsection not more than 3 percent may be used for administra- oC mea HN HD A FP WO YP Bo NO BO NO NO RR RR BR WO NYO fF DOD OC DH NIT DB mn FP WO YP KF OO *S 1400 IS 13 tive costs eligible under clause (1)(X1). “(J[) PROHIBITION ON USE FOR IMPORTED SEAFOOD.—None of the funds made available under this sub- section shall be used for any program to support or promote imported sea- food or any seafood product that is not harvested from the Gulf Coast ecosystem. “(C) COASTAL POLITICAL SUBDIVISIONS.— ““(i) IN GENERAL.—In the ease of a State where the coastal zone includes the entire State— “(J) 75 percent of funding shall be provided to the 8 counties that were disproportionately impacted by the Deepwater Horizon Oil Spill; and “(II) 25 percent shall be provided to nondisproportionately impacted counties within the State. “Gi) Loutstana.—Of the total amounts made available to the State of Louisiana under this paragraph: So Oa HN DO OH FP WD NY Oo wo NO NY NHN NO ke KF Re Re ROR Ree mn & WO NYO KF DT OO WNT DB A FR WO NY KF OS *S 1400 IS 14 “(I) Seventy percent shall be pro- vided directly to the State in accord- ance with this subsection. “(I1) Thirty percent shall be pro- vided. directly to parishes in the coast- al zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the State of Louisiana according to the fol- lowing weighted formula: “(aa) Forty percent based on the weighted average of miles of the parish shoreline oiled. “(bb) Forty percent based on the weighted average of the population of the parish. “(ec) Twenty percent based on the weighted average of the land mass of the parish. “Gii) CONDITIONS.— “(T) LAND USE PLAN.—AS a con- dition of receiving amounts allocated under clause (ii), the chief executive of the eligible parish shall certify to the Governor of the State that the co mH YN DWBA FP WO YP NN SN BD DSO DR RR RR KF BO NYO FY CF Oo OH YD DB AW FP WO YO KF CS *S 1400 IS 15 parish has completed a comprehensive land use plan. “() OTHER CONDITIONS.—A coastal political subdivision receiving funding under this subsection shall meet all of the conditions in subpara- eraph (D). “(D) CoNbDITIONS.—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— ““G) 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; “i) 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— So Oa SN HNO AH PP WHO YP eS mo NO DO NO NO RRR FF FEF REO Rel Rl Pr WO NYO F&F OF OO fF AHN DA FP WHO YP KF O&O «S 1400 IS 16 “(T) 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; “(IT) carries out 1 or more of the activities described in subparagraph (B) (1); “(IIT) was selected based on meaningful input from the public, in- cluding broad-based participation from individuals, businesses, and non- profit organizations; and “(TV) in the case of a natural re- source protection or restoration project, is based on the best available science; “Gu) certify that the project or pro- eram and the awarding of a contract for the expenditure of amounts received under this subsection are consistent with the standard procurement rules and regula- tions governing a comparable project or program in that State, including all appli- oO wa NA Dn Wn FF WO YPN MO NO NO HN KN DR wm RR RR RR RE Re nM F&F WO NO KF DTD ODO WwW ITN DH A FP W YP KF OC 17 cable competitive bidding and andit re- quirements; and “(iv) develop and submit a multiyear implementation plan for use of those funds. “(K) 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: “G) ALABAMA,— “(T) 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 Chairperson and preside over the meetings of the Alabama Gulf eS 1400 IS oO ma NIN Dn Or FP W NY F&F NY NO VHP NY NHN NO KR Re RP BP Fe Be Re RE BE mn BB WO NO KF CO OO DH > DB A FP WHO NYP KF OS *S 1400 IS 18 Coast Recovery Council in the absence of the Chairperson. “(ee) 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. “(go) The Mayor of the city of Fairhope. “(hh) The Mayor of the city of Gulf Shores. “(i) The Mayor of the city of Mobile. “j) The Mayor of the city of Orange Beach. “(I) VotE.—Each member of the Alabama Gulf Coast Recovery Council shall be entitled to 1 vote. “(1I) Masority voTe.—All de- cisions of the Alabama Gulf Coast Re- covery Council shall be made by ma- jority vote. SoS a NH DWN OO FR WO YP BO NO NO NO ROR RB WO NYO FEF OD Oo AH IN Hn FP WO NY KF OS 19 “Gi) LOUISIANA.—In the State of Louisiana, the Coastal Protection and Res- toration Authority of Louisiana. “(ii) MISSISSIPPI—In the State of Mississippi, the Mississippi Department of Environmental Quality. “(F) COMPLIANCE WITH ELIGIBLE ACTIVI- TIES.—If the Secretary of the Treasury deter- mines that an expenditure by a Gulf Coast State or coastal political subdivision of amounts made available under this subsection does not meet 1 of the activities described in subpara- eraph (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— “() has been deposited by the Gulf Coast State or coastal political subdivision in the Trust Fund; or “(ii) has been authorized by the Sec- retary of the Treasury for expenditure by the Gulf Coast State or coastal political eS 1400 IS o Oo st Dn nH PP WO YN & oO NO NO NY WN NO RRR HB Ke Se FF FEF SE On & WO NO FH DT Oo CO TD WB A FP WOW YP KY SC 20 subdivision for a project or program that meets the requirements of this subsection. “(G) COMPLIANCE WITH CONDITIONS.—If the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivi- sion does not meet the requirements of this subsection, including the conditions of subpara- eraph (D), where applicable, the Secretary of the Treasury shall make no amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until all condi- tions of this subsection are met. “(H) PUBLIC INPUT.—In meeting any con- dition of this subsection, a Gulf Coast State may use an appropriate procedure for public consultation in that Gulf Coast State, including consulting with 1 or more established task forces or other entities, to develop recommenda- tions for proposed projects and programs that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habi- tats, beaches, coastal wetlands, and economy of the Gulf Coast. “(I) PREVIOUSLY APPROVED PROJECTS AND PROGRAMS.—A Gulf Coast State or coastal *S 1400 IS Oo eo SN DN A FP WH YP Ke wo wo VB NY NV NO KH KR KF HF KF FF FEF EF Re mn BP WO NO FF COD Oo Bn HDB WH BP WO NY KF OC 21 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 Resourees and KEcosystems Sustainability, Tourist Opportunities, and Re- vived Economies of the Gulf Coast States Act of 2011— “d) the Gulf Coast State or coastal political subdivision has established condi- tions for carrying out projects and pro- erams that are substantively the same as the conditions described in subparagraph (D); and “qi) the applicable project or program carries out 1 or more of the activities de- seribed in subparagraph (B) (11). “(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 Com- prehensive Plan with amounts provided under this subsection. “(K) NON-FEDERAL MATCHING FUNDS.— *S 1400 IS oO me NN OH FP WO NY TE NO SE NO EE NO I OO mH BR WwW NO FF CO Oo wns Dm FP WHO NY YF SC 22 “G) 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). “Gi) 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 im 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 pref- erence to individuals and companies that reside in, are headquartered in, or are principally en- gaged in business in, a Gulf Coast State. “(M) UNUSED FUNDS.—Any Funds not identified in an implementation plan by a State *S 1400 IS oO wma HN NWN On FP W YP NO NO NBO NN NHN NO RK Re RP Be RP RP Re Re Rl nA BR WHO HO F& OD Oo DW HIN DBA FP WO NY KF OC 23 or coastal political subdivision m accordance with