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

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, in- cluding 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 ALLOCA- TION .— “(A) IN GENERAL.—Of the total amount made available in any fiscal year from the Trust Fund, 60 percent shall be disbursed to the Council to carry out the Comprehensive Plan. *S 1400 IS oO wa nN Dn Un FF WY YN KF NO pO NON VY ND NO KBR RP ee Re EF EF KE mn & WO NO —-§ OF OO DO NHI DN FBP WO NY KF OC 24 “(B) COUNCIL EXPENDITURES.— “G) IN GENERAL.—In accordance with this paragraph, the Council shall se- lect, and the Council shall undertake, projects and programs that would restore and protect the natural resources, eco- systems, fisheries, marine and _ wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. “Gi) ALLOCATION AND EXPENDITURE PROCEDURES.—The Secretary of the Treasury shall develop such conditions, in- cluding audit requirements, as the Sec- retary of the Treasury determines nec- essary to ensure that amounts disbursed from the Trust Fund to the Council to 1m- plement the Comprehensive Plan will be used in accordance with this paragraph. “Gii) ADMINISTRATIVE EXPENSES.— Of the amounts received by the Council under this subsection, not more than 3 percent may be used for administrative ex- penses. “(C) GULF COAST ECOSYSTEM RESTORA- TION COUNCIL. °*S 1400 IS So Aa HTD A FP WHO YH mo NYO VP NH HN NO KR Ke KF HF KF KF FP EF SEF nm BP WO NO §-—§& DT CO DW ANT BD NA HB WD VP fF CO «S 1400 IS 20 ‘““G) ESTABLISHMENT.—There is es- tablished as an independent entity in the Federal Government a council to be known as the ‘Gulf Coast Ecosystem Restoration Council’. “Gi) MEMBERSHIP.—The Council shall consist of the following members, or in the case of a Federal agency, a designee at the level of the Assistant Secretary or the equivalent: “(I) The Chair of the Council on Environmental Quality. “(II) The Secretary of the Inte- rior. “(III) The Seeretary of the Army. “(IV) The Secretary of Com- merce. “(V) The Administrator of the Environmental Protection Agency. ‘“(VI) The Secretary of Agri- eulture. “(VII) The head of the depart- ment in which the Coast Guard is op- erating. oo ea YN Dn UH FP WHO YP NO NO BN NO DO RR RR Re BR WO NO fF Oo Oo DH AIT Dm FF WY NY FY CO *S 1400 IS 26 “(VIII) The Governor of the State of Alabama. “([X) The Governor of the State of Florida. “(X) The Governor of the State of Louisiana. “CXT) The Governor of the State of Mississippi. “CXII) The Governor of the State of Texas. “(@ii) ALTERNATE.—A Governor ap- pointed to the Council by the President may designate an alternate to represent the Governor on the Council. “(v) CHAIRPERSON.—F rom among the Federal agency members of the Coun- cil, the representatives of States on the Council shall select, and the President shall appoint, 1 Federal member to serve as Chairperson of the Council. “(vy) PRESIDENTIAL APPOINTMENT.— All Council members shall be appointed by the President. “(vi) COUNCIL ACTIONS.— SoS Oo SS DH OH FP WO NO NO NO NO DB HN KN rR RR Re Re Re Re Re Mm BB WO NO KF @D OO WO INT DB NH FP WO NO KF OO eS 1400 IS 27 “(1) IN GENERAL.—Subject to subclause (IV), significant actions by the Council shall require the affirma- tive vote of the Federal Chairperson and a majority of the State members to be effective. “(T) INcCLUSIONS.—Nignificant actions include but are not limited to— “(aa) approval of a Com- prehensive Plan and future revi- sions to a Comprehensive Plan; “(bb) approval of State plans pursuant to paragraph (3)(B) (ii); and “(ee) approval of reports to Congress pursuant to clause (vii) (X). “(II) QuoruM.—A quorum of State members shall be required to be present for the Council to take any sigonificant action. “(TV) AFFIRMATIVE VOTE RE- QUIREMENT DEEMED MET.—For ap- proval of State plans pursuant to oOo OA IND Hn FPF WY YP Oo NO NBO NO NHN NO KR KF KF HF KF KF FF FEF Se nN BP WO HNO KF CO OO CO IT DB A FP WY VP KY OC *S 1400 IS 28 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 re- quirements for affirmative votes under subclause (I). “(V) PUBLIC TRANSPARENCY.— Appropriate actions of the Council, in- cluding votes on significant actions and associated deliberations, shall be made available to the public. “(vii) DUTIES OF COUNCIL.—The Council shall— “(1) develop the Comprehensive Plan, and future revisions to the Com- prehensive Plan; “(II) identify as soon as prac- ticable the projects that— ‘“‘(aa) have been authorized prior to the date of enactment of this subsection but not yet com- meneced; and oma NHN OH FP WHO YP FR Oo NO NO NO NN NO KR Ke RP Re RP HF Ee Se RB nA B&B WO NO FF DCD OO WO IN HDB Nn FP WHO NBO KH CO *S 1400 IS 29 “(bb) if implemented quick- ly, would restore and protect the natural resources, ecosystems, fisheries, marine and_ wildlife habitats, beaches, barrier islands, dunes, and coastal wetlands of the Gulf Coast ecosystem; “(IIT) coordinate the development of consistent policies, strategies, plans, and activities by Federal agen- cies, State and local governments, and private sector entities for addressing the restoration and protection of the Gulf Coast ecosystem; “(IV) establish such other advi- sory committee or committees as may be necessary to assist the Council, in- eluding to address public policy and scientific issues; “(V) coordinate scientific and other research associated with restora- tion of the Gulf Coast ecosystem; “(VI) seek to ensure that all poli- cies, strategies, plans, and activities for addressing the restoration of the oC ea INI DH Or FP WOW YN KF NO NO NO WO KN KD kr RB RB RB RR RO RR mn B&B WHO NO KF COD Oo DH NT DH Wn FP WOW VP KF CO *S 1400 IS 30 Gulf Coast ecosystem are based on the best available physical, ecological, and economic data; “(VIT) make recommendations to address the particular needs of espe- cially economically and socially vulner- able populations; “(VITI) develop standard terms to include in contracts for projects and programs awarded pursuant to the Comprehensive Plan that provide a preference to individuals and com- panies that reside in, are headquartered in, or are principally engaged in business in, a Gulf Coast State; “(IX) prepare an integrated fi- nancial plan and recommendations for coordinated budget requests for the amounts proposed to be expended by the Federal agencies represented on the Council for projects and programs in the Gulf Coast States; and “CX) submit an annual report to Congress that— So OA ND OH FF WO NH NO bo NO NHN NY Hee BRR Be eee Ree ee RP woo NYO FY OF 0 © DT DB Wn FBP WO VP KF CO *S 1400 IS 31 “(aa) summarizes the poli- cies, strategies, plans, and activi- ties for addressing the restora- tion and protection of the Gulf Coast ecosystem; “(bb) deseribes the projects and programs being implemented to restore and protect the Gulf Coast ecosystem; and “(ee) makes such — rec- ommendations to Congress for modifications of existing laws as the Council determines necessary to implement the Comprehensive Plan. “(vitl) APPLICATION OF FEDERAL AD- VISORY COMMITTEE ACT.—The Council, or any other advisory committee established under this subsection, shall not be consid- ered an advisory committee under the Fed- eral Advisory Committee Act (5 U.S.C. App.). “(D) COMPREHENSIVE PLAN.— “‘(j) PROPOSED PLAN.— oc wma NIN DH NO FP WOW YP Oo po ND KN KN KN RR Re eR Re Re Re Ree mA BB WHO NO KF CO OO WD IT WB NH FP WO NYO KF OO *S 1400 IS 32 “(7) IN GENERAL.—Not later than 180 days after the date of enact- ment of the Resources and LEKeo- systems Sustainability, Tourist Op- portunities, and Revived Economies of the Gulf Coast States Act of 2011, the Chairperson, on behalf of the Council, shall publish a proposed plan to restore and protect the natural re- sources, 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. ‘““(44i) PUBLICATION.— “(J) INITIAL PLAN.—Not later than 1 year after date of enactment of the Resources and Ecosystems Sus- tainability, Tourist Opportunities, and Revived Eeonomies of the Gulf Coast oO eo NN DK AR FP WO YP BO NO NO NO PO KNORR RO RR RO ROO Re mn BP WO NO fF CO HO Wo nN WD Un FP WO LP KF O&O eS 1400 IS 33 States Act of 2011 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 nat- ural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. “(I1) COOPERATION WITH GULF COAST RESTORATION TASK FORCE.— The Council shall develop the initial Comprehensive Plan in close coordina- tion with the President’s Gulf Coast Restoration Task Force. “(TIT) CONSIDERATIONS.—In de- veloping the initial Comprehensive Plan, the Council shall consider all relevant findings or reports submitted by a center of excellence participating in the Gulf Coast Ecosystem Restora- tion Science, Monitoring, and Tech- nology Program established pursuant oC wa nN nn A FP WO NP NY NYO NO NY NO KF KF RFP Ree FEF Se OO Se Oe PrP WO NO FH OF OO WD NI WB wn” FP WW NY YF OC *S 1400 IS 34 to section 5(c) of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011. “(V) ContTENTS.—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 Foree; “(bb) a list of any project or program authorized prior to the date of enactment of this sub- section but not yet commenced, the completion of which would further the purposes and goals of this subsection and of the Re- sources and Ecosystems Sustain- ability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011; o wont HD OH FP WO YN Ff NO NO NO VN WN NO KH KF HF KS Fe HF RP Ee SE mn B&B WO NYO KF DT OBO DAN DA FP WHO LHP KF CO eS 1400 IS 35 “(ec) a deseription 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 earried out during the 3-year period immediately following the date of publication of the initial Comprehensive Plan, including a table that illus- trates the distribution of projects and programs by Gulf Coast State. “(V) PLAN UPDATES.—The Council shall update— “‘(aa) the Comprehensive Plan every 5 years in a manner comparable to the manner estab- lished in this subsection for each 5-year period for which amounts oO Aa AN DH A FSP WO LPO Do NO NO PO WN HN Re Be RB Bm Re Re Re Re nA