Fort Walton Beach Council agenda — 09-27-11 regular part 2 of 2 — reading text

Gulf Coast State or coastal political subdivi- 6 sion does not meet the requirements of this 7 subsection, including the conditions of subpara- 8 graph ( D), where applicable, the Secretary of 9 the Treasury shall make no amounts from the 10 Trust Fund available to that Gulf Coast State 11 or coastal political subdivision until all condi- 12 tions of this subsection are met. 13 H) PUBLIC INPUT. —In meeting any con- 14 dition of this subsection, a Gulf Coast State 15 may use an appropriate procedure for public 16 consultation in that Gulf Coast State, including 17 consulting with 1 or more established task 18 forces or other entities, to develop recommenda- 19 tions for proposed projects and programs that 20 would restore and protect the natural resources, 21 ecosystems, fisheries, marine and wildlife habi- 22 tats, beaches, coastal wetlands, and economy of 23 the Gulf Coast. 24 I) PREVIOUSLY APPROVED PROJECTS 25 AND PRoGRAMs. —A Gulf Coast State or coastal RvdnF m9 0 9 1400 I9 OO Attachment: 9 -27 -11 SB1400 rev ( 1444 : 2011 -30 - Support for SB 1400)  l otg8Slo1voddnS- Ot- 1 L0Z: 4641) A0l00Vl8Stt-[ Z- 67" 0wy0eny 0 a 0 21 o.m aY aUN I political subdivision shall be considered to have 2 met the conditions of subparagraph ( D) for a 3 specific project or program if, before the date of 4 enactment of the Resources and Ecosystems 5 Sustainability, Tourist Opportunities, and Re- 6 vived Economies of the Gulf Coast States Act 7 of 2011 - 8 i) the Gulf Coast State or coastal 9 political subdivision has established condi- 10 tions for carrying out projects and pro- 11 grams that are substantively the same as 12 the conditions described in subparagraph 13 D); and 14 ii) the applicable project or program 15 carries out 1 or more of the activities de- 16 scribed in subparagraph ( 13)( h). 17 I) CONSULTATION WITH COUNCIL. — In 18 carrying out this subsection, each Gulf Coast 19 State shall seek the input of the Chairperson of 20 the Council to identify large -scale projects that 21 may be jointly supported by that Gulf Coast 22 State and by the Council pursuant to the Com- 23 prehensive Plan with amounts provided under 24 this subsection. 25 K) NON- FEDERAL MATCHING FUNDS.- 8140019  22 1 i) IN GENERAL. —A Gulf Coast 2 State or coastal political subdivision may 3 use, in whole or in part, amounts made 4 available to that Gulf Coast State from the 5 Trust Mind to satisfy the non -Federal 6 share of the cost of any project or program 7 authorized by Federal law that meets the 8 eligible use requirements under subpara- 9 graph ( B)( i). 10 ii) EFFECT ON OTHER FUNDS. - 11 The use of funds made available from the 12 Trust Fund to satisfy the non -Federal 13 share of the cost of a project or program 14 that meets the requirements of clause ( i) 15 shall not affect the priority in which other 16 Federal funds are allocated or awarded. 17 L) LOCAL PREFERENCE. — In awarding 18 contracts to carry out a project or program 19 under this subsection, a Gulf Coast State or 20 coastal political subdivision may give a pref- 21 erence to individuals and companies that reside 22 in, are headquartered in, or are principally en- 23 gaged in business in, a Gulf Coast State. 24 M) UNUSED FUNDS.— Any Funds not 25 identified in an implementation plan by a State namF m S 1400 I3 0ro Attachment: 9 -27 -11 SB1400 rev ( 1444 : 2011 - 30 - Support for SB 1400)  0041 es jol t, oddnS - OE- CtoZ a 444t) naI 00LteS tt- LZ- 6: 7" awgoel7tl n0 0 23 a ax aUN 1 or coastal political subdivision in accordance 2 with subparagraph ( D)( iv) shall remain in the 3 Trust Fund until such time as the State or 4 coastal political subdivision to which the funds 5 have been allocated develops and submits a plan 6 identifying uses for those funds in accordance 7 with subparagraph ( D)( iv). 8 N) JUDICIAL REVIEW. — If the Secretary 9 of the Treasury determines that a Gulf Coast 10 State or coastal political subdivision does not 11 meet the requirements of this subsection, in- 12 cluding the conditions of subparagraph ( D), the 13 Gulf Coast State or coastal political subdivision 14 may obtain expedited judicial review within 90 15 days of that decision in a district court of the 16 United States, of appropriate jurisdiction and 17 venue, that is located within the State seeking 18 such review. 19 2) COUNCIL ESTABLISHMENT AND ALLOCA- 20 TION.— 21 A) IN GENERAL. — Of the total amount 22 made available in any fiscal year from the 23 Trust Fund, 60 percent shall be disbursed to 24 the Council to carry out the Comprehensive 25 Plan. S 1400 IS  24 1 COUNCIL EXPENDITURES. - 2 i) IN GENERAL. — In accordance 3 with this paragraph, the Council shall se- 4 lect, and the Council shall undertake, 5 projects and programs that would restore 6 and protect the natural resources, eco- 7 systems, fisheries, marine and wildlife 8 habitats, beaches, coastal wetlands, and 9 economy of the Gulf Coast. 10 ii) ALLOCATION AND EXPENDITURE 11 PROCEDURES. — The Secretary of the 12 Treasury shall develop such conditions, in- 13 cluding audit requirements, as the Sec - 14 retary of the Treasury determines nec- 15 essary to ensure that amounts disbursed 16 from the Trust Fund to the Council to im- 17 plement the Comprehensive Plan will be 18 used in accordance with this paragraph. 19 iii) ADMINISTRATIVE EXPENSES. - 20 Of the amounts received by the Council 21 under this subsection, not more than 3 22 percent may be used for administrative ex- 23 penes. 24 C) GULF COAST ECOSYSTEM RESTORA- 25 TION COUNCIL.— Wn9ms 9 S 1400 I9 A 0 Attachment: 9 -27 -11 SB1400 rev ( 1444 : 2011 -30 - Support for SB 1400)  0o418Sjo; yoddnS - OC- t LOZ : bob L) naJ OrnieS L L- LZ- 6 auawyoeV a n0 a( a 25 a Yu an 1 i) ESTABLISHMENT. —There is es- 2 tablished as an independent entity in the 3 Federal Government a council to be known 4 as the ` Gulf Coast Ecosystem Restoration 5 Council'. 6 ii) MEMBERSup. —The Council 7 shall consist of the following members, or 8 in the case of a Federal agency, a designee 9 at the level of the Assistant Secretary or 10 the equivalent: 11 I) The Chair of the Council on 12 Environmental Quality. 13 II) The Secretary of the Inte- 14 rior. 15 III) The Secretary of the 16 Army. 17 IV) The Secretary of Com- 18 meree. 19 V) The Administrator of the 20 Environmental Protection Agency. 21 VI) The Secretary of Agri - 22 culture. 23 VII) The head of the depart 24 ment in which the Coast Guard is op- 25 eratmg.