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

BP WHO HYPO KF OD OO fH HIN DB UA FP WW NY KF OO *S 1400 IS 36 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 subelause (IV)(dd) annually. “(tl) RESTORATION PRIORITIES.—Ex- cept 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 ad- dress 1 or more of the following criteria: “(T) Projects that are projected to make the greatest contribution to restoring and protecting the natural resources, ecosystems, fisheries, ma- rine 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 sub- stantially contribute to restoring and So em NH nA FF WHO YN NO po PO NO HN NHN HB He RB Ke Re FF Re Re ee mH BP WO HO F& CO OO DW NHI DWBA HA FP WHO PO KF CO eS 1400 IS oT protecting the natural resources, eco- systems, fisheries, marine and wildlife habitats, beaches, and coastal wet- lands of the Gulf Coast ecosystem. “(III) Projects contained in exist- ing Gulf Coast State comprehensive plans for the restoration and protec- tion 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 re- sources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands most impacted by the Deepwater Horizon oil spill. “(K) IMPLEMENTATION.— “G) IN GENERAL.—The Council, act- ing through the member agencies and Gulf Coast States, may carry out projects and programs adopted in the Comprehensive Plan. “Gi) ADMINISTRATIVE RESPONSI- BILITY.— oOo Oo HN Dn AH SP WHO YP NO NO NO NO NO NO RR Re RP RP RP RP PEF SE nA BB HO NO KF OD OO DO ST DB A FP WO NY YK OS *S 1400 IS 38 “(T) IN GENERAL.—Primary au- thority 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 Fed- eral agency. “(IT) TRANSFER OF AMOUNTS.— Amounts necessary to carry out each project or program included in the Comprehensive Plan shall be trans- ferred by the Secretary of the Treas- ury from the Trust Fund to that Fed- eral agency or Gulf Coast State as the project or program is implemented, subject to such conditions as the Sec- retary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, estab- lished pursuant to section 3 of the Re- sources and Ecosystems Sustain- ability, Tourist Opportunities, and Re- vived Heonomies of the Gulf Coast States Act of 2011. “Gi) COST SHARING.— oC Oo HN DONO OW FR WO YO NO NO NO NO NO HS Fe Fe Fe Se RPO RESO EEUU Sl kr WwW NY KF OF OO OH DBA FP WO YP KF CO 39 “(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 car- rying a project or program that—- “(aa) is authorized by other Federal law; and ““(bb) meets the criteria of this paragraph. “(II) INCLUSION IN COMPREHEN- SIVE PLAN.—A project or program de- scribed in subclause (I) shall be se- lected and adopted by the Council as part of the Comprehensive Plan in the manner described in this paragraph. “(E) COORDINATION.—The Council and the Federal members of the Council may de- velop Memorandums of Understanding estab- lishing integrated funding and implementation plans among the member agencies and authori- ties. *S 1400 IS 40 “(3) OIL SPILL RESTORATION IMPACT ALLOCA- TION .— ¢S 1400 IS “(A) IN GENERAL.—Except as provided in paragraph (4), of the total amount made avail- able to the Council under paragraph (2) in any fiscal year from the Trust Fund, 50 percent shall be disbursed by the Council as follows: “() FORMULA.—Subject to subpara- graph (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 cri- teria: “(1) Forty 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 oilimg as a result of the Deepwater Horizon oil spill. “(II) Forty percent based on the inverse proportion of the average dis- tance from the Deepwater Horizon oil oO Oo NN OH FP WOW YN KF Oo NYO NY NY NO HR Re Re RO Re ee eR BR Wo NYO KF DSD 0 Dw AT DN FBR W NH fF CO 41 rig to the nearest and farthest point of the shoreline that experienced oil- ing of each Gulf Coast State. “(TIT) Twenty percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State. “Gi) 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 PRO- GRAMS.— *S 1400 IS “G) IN GENERAL.—The Council shall disburse amounts to the respective Gulf Coast States in accordance with the for- mula developed under subparagraph (A), subject to the condition that each Gulf Coast State submits a plan for the expend- iture of amounts disbursed under this paragraph which meet the following cri- teria: Co mea SN DB A FP WO LY mo NO NO NO WN NO KF RF RF RFF Fr Rr RrellUlULrRlR Hn SFP WHO NYO FH CO CO DB ANA DB A HBP WO NBO KF CO *S 1400 IS 42 “(T) All projects, programs, and activities included in that plan are eli- gible activities pursuant to paragraph (1)(B)Q). “(II) The projects, programs, and activities included in that plan contribute to the overall economic and ecological recovery of the Gulf Coast. “(IT) The plan takes into con- sideration the Comprehensive Plan and is consistent with its goals and objectives, as described in paragraph (2)(B)(i). “Gi) 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)(). “(1) EXceptTion.—The plan de- scribed in clause (i) may propose to use more than 25 percent of the fund- ing made available for infrastructure Co OH NN WH BP WO YP DO NO BD DO DB RR i ee ee ea rR OBO NO KFK& 3D Oo OO HIT WB FP W YN KF OC °S 1400 IS 43 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 ad- dressed by the projects in the proposed plan; and “(bb) additional investment In infrastructure is required to mitigate the impacts of the Deep- water Horizon Oil Spill to the ecosystem or economy. “(ii) DEVELOPMENT.—The plan de- seribed in clause (i) shall be developed by— “(T) in the State of Alabama, the Alabama Gulf Coast Recovery Council established under paragraph (1)(E)(i); “(II) in the State of Florida, the State or a consortia of local political subdivisions; “(TIT) in the State of Louisiana, the Coastal Protection and Restora- tion Authority of Louisiana; and Co Oo NHN OH FF DO YN NO NO NO DN HN DN Ree ee nN &e WO NYO KF CO OO DW aI DB aA BP WO NP KF CO 44 “(IV) in the state of Texas, the Office of the Governor or an ap- pointee of the Office of the Governor. “(iv) APPROVAL.—Not later than 60 days after the date on which a plan is sub- mitted under clause (i), the Council shall approve or disapprove the plan based on the conditions of clause (i). “(C) DISAPPROVAL.—If the Council dis- approves a plan pursuant to subparagraph (B) (iv), the Council shall— “(i) provide the reasons for dis- approval in writing; and “Gi) consult with the State to address any identified deficiencies with the State plan. “(D) FAURE 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 sub- section. “(H) JUDICIAL REVIEW.—If the Council fails to approve or take action within 60 days eS 1400 IS o ea HN Dn AH FF WO YY NO NO VN NO DO DR Oe ee nA BP Wo NO FKF& OD CO CO a HDB w~” BP WO NP YF CS 45 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 juris- diction and venue, that is located within the State seeking such review. “(4) AUTHORIZATION OF INTEREST TRANS- FERS. “(A) IN GENERAL.—Of the total amount made available in any fiscal year from the Trust Fund, an amount equal to 50 percent of the interest earned by the Trust Fund and pro- ceeds from investments made by the Trust Fund for the preceding fiscal year shall be transferred to the Gulf of Mexico Research En- dowment established by subparagraph (B). “(B) GULF OF MEXICO RESEARCH ENDOW- MENT.— “G) IN GENERAL.—There is estab- lished in the Treasury of the United States a trust fund to be known as the ‘Gulf of Mexico Research Endowment’, to be ad- ministered by the Secretary of Commerce, solely for use in providing long-term fund- ing in accordance with section 5 of the Re- eS 1400 IS Oo Aa HN DHNn Hn FF W HO eR Oo wo NN NO HN HNO Be BBR ee Ree Ree eee nA & WO NYO -§ OD OO WOW INQ DB A HBP WO VP YY CO 46 sources and Ecosystems Sustainability, Tourist Opportunities, and Revived Econo- mies of the Gulf Coast States Act of 2011. “di) INVESTMENT.—Amounts in the Gulf of Mexico Research Endowment shall be imvested in accordance with section 9602 of the Internal Revenue Code of 1986, and any interest on, and proceeds from, any such investment shall be avail- able for expenditure and shall be allocated in equal portions to the Gulf Coast Eco- system Restoration Science, Monitoring, and Technology Program and Fisheries Endowment established in section 5 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Econo- mies of the Gulf Coast States Act of 2011.”. SEC. 5. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSERVATION, MONITORING, AND TECH- NOLOGY PROGRAM. (a) DEFINITIONS.—In this seetion: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator” means the Administrator of the National Oceanic and Atmospheric Administration. eS 1400 IS Oo Aa NH OT FP YH YP NY NO NO NO NO NO Ke Ke Fe YF FF Se Fe Re Re nA BF WHO NO FY DOD Oo DB IT DB A FF WHO NPB KY CO 47 (2) FISHERIES AND ECOSYSTEM ENDOW- MENT.—The term ‘Fisheries and Ecosystem En- dowment” means the endowment established by sub- section (d). (3) PROGRAM.—The term “Program” means the Gulf Coast Ecosystem Restoration Science, Ob- servation, Monitoring, and Technology Program es- tablished by subsection (b). (b) ESTABLISHMENT OF PROGRAM.—There is estab- lished within the National Oceanic and Atmospheric Ad- ministration a program to be known as the “Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program”’, to be carried out by the Ad- ministrator. (c) CENTERS OF EXCELLENCE.— (1) IN GENERAL.—In carrying out the Pro- gram, the Administrator shall make grants in ac- cordance with paragraph (2) to establish and oper- ate 5 centers of excellence, 1 of which shall be lo- cated 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 *S 1400 IS 48 1 nongovernmental entities and