Item P07 BOARD OF COUNTY COMMISSIONERS (Revised Draft ILA 9/13/12)
AGENDA ITEM SUMMARY (Revised Resolution)
Meeting Date: 9/21/12(Marathon) ' Division:County Attorney ais (o aoto-
Bulk Item: Yes X No , Staff Contact: Suzanne Hutton/Bob Shillinger x3470
AGENDA ITEM WORDING: Approval of resolution approving an interlocal agreement relating to
the establishment of the Gulf Consortium.
ITEM BACKGROUND: Congress passed the "Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act of 2012", known as the
RESTORE Act, to establish a trust fund for deposits of 80% of administrative and civil penalties paid
by parties responsible for the Deepwater Horizon oil spill. The Act established the process for
distribution of the funds among the affected states. The Act recognizes 8 "disproportionately affected
counties"as well as 15 "non-disproportionately affected counties" on Florida's Gulf Coast. Monroe is
one of the 15 non-disproportionately affected counties.
The proposed interlocal agreement (ILA) establishes the consortium as a separate legal entity and its
main operating parameters. This item is being placed on the agenda but the proposed ILA is expected
to be modified slightly as a result comments from the county attorneys from the affected counties.
Further changes to the ILA may be made at the Florida Association of Counties meeting on September
19, 2012. The current draft of the ILA is attached as back up i to provide the general tenor of the
proposed consortium. Updated drafts will be provided as they become available.
The proposed consortium would a) develop Florida's proposals I for funding for large scale projects
from the Gulf Coast Ecosystem Restoration Council which 'is composed of representatives of the 5
affected states plus 6 federal agencies (the `federal pot"; b) develop and administer a plan for
programs, projects, and activities that are eligible for funding under Florida's share of the Oil Spill
impact allocation (the "state or consortium pot"); and c) assist counties, if needed, in administering
funds provided directly to the counties (the "local pot"). The consortium would also lobby federal
agencies in the rulemaking process.
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The RESTORE Act contemplates establishment of the consortium by October 1a`. This type of entity is
authorized under F.S. 163.01, the Florida Interlocal Cooperation Act. The consortium would be a
separate governmental entity subject to the Sunshine Law and Public Records Act, which would draw
its authority to act from its member governments under terms set forth in the ILA.
The Consortium would be initially funded out of costs provided by'its members. The initial allocation
would fund the start-up phase which is estimated to run through December. 1, 2012. Under the
proposed cost sharing formula, Monroe County's initial cost would be $1,280. The future funding
formula has been determined.
PREVIOUS RELEVANT BOCC ACTION: August 15, 2012, 'approval of a consulting agreement
with MW Biodiesel Consulting,Inc.
CONTRACT/AG CHANGES:
STAFF RECOMMENDATIONS: Approval ((
TOTAL COST: $1280 initially INDIRECT COST: TBD BUDGETED: Yes No—
DIFFERENTIAL OF LOCAL PREFERENCE:n/a
COST TO COUNTY: $1280 initially SOURCE OF FUNDS: ad valorem
REVENUE.PRODUCING: Yes xx No AMOUNT PER MONTH TBD Year TBD
APPROVED BY:. County Atty f OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: I AGENDA ITEM# P-7
* REVISED BACKUP *
Revised 7/09 (Revised draft. ILA 9/13/12)
• (Revised Resolution)
i
Gulf Coast Consortium Interlocal Agreement
Back Up Materials
1. Resolution approving and authorizing execution of Interlocal Agreement
2. Proposed Interlocal Agreement— NGN Draft No. 5' 9/13/12 — Note: DrraftRNo. 6 anticipated
9 21/12 (day of BOCC meeting)
3. Legal Description of a Separate Government Entity. (Nabors, Giblin, Nickerson)
4. How a Joint Public Entity Can Serve Affected Counties in Implementation of RESTORE Act
(Nabors, Giblin, Nickerson)
5. RESTORE Act Summary(Okaloose County Commissioner David Parisot)
6. The RESTORE Act.
7. Power Point Presentation on RESTORE Act(Florida Association of Counties)
1
Resolution approving and
authorizing execution of
Interlocal Agreement
a 5 '
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RESOLUTION NO. -' 2012
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA,APPROVING THE FORM OF THE INTERLOCAL AGREEMENT
THAT ADMITS MONROE COUNTY AS A MEMBER OF THE GULF CONSORTIUM;
AUTHORIZING THE GULF CONSORTIUM TO ACT ON BEHALF OF MONROE
COUNTY IN THE IMPLEMENTATION OF THE RESTORE ACT IN ACCORDANCE
WITH THE INTERLOCAL AGREEMENT; AUTHORIZING EXECUTION OF THE
INTERLOCAL AGREEMENT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Congress passed the "Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012," known as the
RESTORE Act, to establish a trust fund for deposits of 80% of administrative and civil penalties exacted
from parties responsible for the Deepwater Horizon oil spill for distribution of the funds among the
affected states; and
WHEREAS,the RESTORE Act requires a plan for funding expenditures within the State of Florida
to be developed by a"consortia of local political subdivisions;"and
WHEREAS, it has been established that there are 8 disproportionately and 15 non-
disproportionately affected counties in Florida, with Monroe; as one of the 15 non-disproportionately
affected counties;and
WHEREAS, it is proposed by representatives of the 23 counties with leadership and assistance
from the Florida Association of Counties that an interlocal agreement (ILA) establish the statutorily
required consortium and set the main operating parameters of the consortium, allowing administrative
and operating details to be determined by the consortium once established;and
WHEREAS, it is anticipated that any of the 23 counties choosing not to be a member of the
consortium will be treated in an advisory capacity only in the development of a state-wide plan;and
WHEREAS, there is a funding formula which allocates some funding for the non-
disproportionately affected-15 counties based on established factors such as population and sales tax
collections, and thirty percent of the funding being subject to the consortium's competitive rules and
evaluations of the proposed projects;and
WHEREAS, it is deemed to be!in the best interests of the residents, taxpayers, and all local
governments that Monroe County be a voting member of the consortium in the development of the
competitive guidelines and the evaluations;now therefore,
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BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida,that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the
provisions of Section 125.01 and Part I of Chapter 163, Florida Statutes.
SECTION 2. FINDINGS: Monroe County, Florida! (the "County") does hereby find and
determine that
(A) Monroe County is a county with frontage on the Gulf of Mexico entitled to membership
in the Gulf Consortium, a joint public entity created by interlocal agreement among any or
all of the counties along the Gulf Coast of Florida.
(B) Monroe County desires to become a member of the Gulf Consortium.
(C) In order to properly document the admission,of Monroe County to membership in the
Gulf Consortium, it is necessary and desirable;for Monroe County to authorize, execute,
and deliver the Interlocal Agreement Relating to Establishment of the Gulf Consortium
(the"Interlocal Agreement"),the form of which is attached hereto as Exhibit A.
(D) To maximize the use of Monroe County resources and staff, it is in the best interest of
Monroe County to authorize the Gulf Consortium to act on its behalf in implementing
the RESTORE Act in accordance with the Interlocal Agreement.
SECTION 3. THE APPROVAL OF THE INTERLOCAL AGREEMENT RELATING TO THE RESTORE ACT.
The form, terms and provisions of the Interlocal Agreement, submitted to this meeting, attached hereto as
Exhibit A.is intended to set the terms and conditions for the Gulf Consortium to act on behalf of Monroe County
in the implementation of the RESTORE Act upon Monroe County becoming a Member of the Gulf Consortium.
The form,terms and provisions of the Interlocal Agreement are hereby approved and the Mayor of the Board of
County Commissioners of Monroe County and the aerk of Monroe County are hereby authorized to execute
and deliver said Interlocal Agreement in its name on behalf of Monroe County.
SECTION 4. FILING OF INTERLOCAL AGREEMENT. The Clerk of Monroe County is hereby directed to
file the Interlocal Agreement with the Clerk of the Circuit Court in Leon County, Florida as required pursuant to
Section 163.01(11), Florida Statutes.
SECTION 5. GENERAL AUTHORITY. The members of the Board of County Commissioners of Monroe
County, Florida and the officers, attorneys and other agents or employees of Monroe County are hereby
authorized to do all acts and things required of them by this Resolution and the Interlocal Agreement, or
desirable or consistent with the requirements hereof or thereof for the full,punctual and complete performance
of all the terms,covenants and agreements contained herein or in the Interlocal Agreement, and each member,
employee, attorney and officer of Monroe County and the Monroe County Clerk is hereby authorized and
directed to execute and deliver any and,all papers and instruments and to do and cause to be done any and all
acts and things necessary or proper for carrying out the transactions contemplated hereunder and under the
Interlocal Agreement. •
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SECTION 6. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to
the policy of express law, though not expressly prohibited or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be
deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the
validity of any of the other provisions hereof or of the lnterlocal Agreement.
SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting on said Board on the day of i ,A.D.,2012.
Mayor David Rice
Mayor Pro Tern Kim 1Nigington
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
ATTEST: Danny L Kolhage,CLERK
BY: By:
Deputy Clerk ! Mayor
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MONROE C f NT TTOR
APIPR • T F M:
".BE-' jB. SHI INGER,JR.
CHIEF WIST$pt coyNlY ATTORNEY
Date:
Ij 41 /!cc}3--
Page 3 of 3
2.
EXHIBIT A. TO RESOLUTION
PROPOSED INTERLO AL AGREEMENT
9/13/2012 DRAFT
•
NGN=Draft_No.S} `9�/13/1`2
* MOST RECENT DRAFT *
NOTE: Draft No. .6 anticipated
9/21/12 (day of BOCC meeting)
'To be provided upon,receipt.
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
• GULF CONSORTIUM
•
•
Among
[INSERT COUNTY N• I Si
Dated as of , 2012
•
•
•
•
•
EXHIBIT
•
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TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS,
SECTION 1.01. DEFINITIONS. 4
ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. 6
SECTION 2.02. PURPOSES. 6
SECTION 2.03. CONSORTIUM MEMBERS. , 7
SECTION 2.04. DURATION OF CONSORTIUM. 7
ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01. MEMBERSHIP. 8
SECTION 3.02. REPRESENTATION. 8
SECTION 3.03. ACTION. 9
SECTION 3.04. ELECTION OF OFFICERS. 9
SECTION 3.05. AUTHORITY OF OFFICERS.
9
SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR. 10
SECTION 3.07. MEETINGS. 10
SECTION 3.08. WITHDRAWAL OR DISMISSAL OF CONSORTIUM
MEMBERS.
11
SECTION 3.09. EXPENSES. 11
SECTION 3.10. LIABILITY. 11
SECTION 3.11. EXECUTIVE COMMITTEE. 11
SECTION 3.12. PRINCIPAL PLACE OF BUSINESS. 12
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ARTICLE IV
POWERS AND DUTIES
SECTION 4.01. POWERS. 13
SECTION 4.02. ANNUAL BUDGET.
16
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. 16
ARTICLE V
MISCELLANEOUS
SECTION 5.01. DELEGATION OF DUTY. 17
SECTION 5.02. FILING.
17
SECTION 5.03. IMMUNITY.
17
SECTION 5.04. LIMITED LIABILITY.
18
SECTION 5.05. AMENDMENTS. 18
SECTION 5.06. SEVERABILITY. 18
SECTION 5.07. CONTROLLING LAW. I 18
SECTION 5.08. EFFECTIVE DATE. ! 18
11
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INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
1
THIS INTERLOCAL AGREEMENT, dated as of , 2012
(the "Interlocal Agreement"), is jointly entered into by the counties which are
signatory hereto (collectively, the "Consortium Members"), each of which are
political subdivisions or other government agencies of the State of Florida and
constitute a "public agency" as that term is defined by Part I of Chapter 163,
Florida Statutes (the "Interlocal Act"), and such other public agencies as are added
as additional Consortium Members as provided in Section 3.01 hereof.
WITNESSETH:
WHEREAS, each of the initial Consortium Members are political
subdivisions of the State of Florida and have all powers of self-government
pursuant to their home rule powers and express, grants of authority provided by
general law, including, but not limited to, those powers granted under Chapter 125,
Florida Statutes; and
WHEREAS, all Consortium Members are public agencies of the State of
Florida, within the meaning of Part I of Chapter 163, Florida Statutes (the
"Interlocal Act"); and
WHEREAS, the Consortium Members, as public agencies under the
Interlocal Act, may enter into interlocal agreements with each other to jointly
exercise any power, privilege or authority which sucli! Consortium Members share
in common and which each might exercise separately. The joint exercise of this
authority permits the Consortium Members to make the most efficient use of their
powers by enabling them to cooperate on the basis of mutual benefit and, pursuant
to this authority, to form a governmental entity that will best serve the needs of
such Consortium Members and their citizens; and
WHEREAS, the Interlocal Act authorizes the Consortium Members to enter
into an interlocal agreement for the purposes of creating a separate legal entity for
the purpose of the joint exercise of the common powers of the Consortium
Members; and
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WHEREAS, the United States Congress approved, and the President signed
into law, the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of 2012 (the "RESTORE Act"),
which established potential funding sources for various purposes which will
enhance and benefit the Gulf Coast area. Such funding sources are to be derived
from administrative and civil penalties from responsible parties in connection with
the explosion on and sinking of the mobile offshore drilling unit Deepwater
Horizon; and
WHEREAS, the initial Consortium Members are counties which were
impacted by the Deepwater Horizon event and the provisions of the RESTORE
Act are applicable to it; and
WHEREAS, under the provisions of the RESTORE Act, a Trust Fund (the
"Trust Fund") is established through which funding is available for various
projects, improvements, development and environmental mitigation within the
Gulf Coast regions; and
WHEREAS, the Consortium Members have determined that it is in their
best interests to create a legal entity to join, together for the purposes of
implementing the consortia of local political subdivisions contemplated by the
RESTORE Act, for the purposes of the development of the plan for the
expenditure of the oil spill restoration impact allocation and to jointly serve the
interests of the Consortium Members; and
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WHEREAS, the Consortium Members seek to;jointly exercise their power
to consider and promote proposals to be funded through the Trust Fund and to seek
on behalf of the Consortium and its members the funding of eligible projects
within their respective areas; and
WHEREAS, the Consortium Members seek to join together to arrive at
mutually beneficial projects, programs and improvements which will enhance the
ecosystems and economy of the Consortium Members and to collectively fulfill
their responsibilities under the RESTORE Act to develop a plan for expenditure of
certain funds within the Trust Fund.
NOW, THEREFORE, in consideration of the foregoing, it is mutually
agreed by and among the Consortium Members that now or may hereafter execute
this Interlocal Agreement, that the "Gulf Consortium,"',is a legal entity, public body
and a unit of local government with all of the privileges, benefits, powers and
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• .
terms of the hereinafter defmed Act and this Interlocal Agreement, and is hereby
created for the purposes described herein.
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II
ARTICLE I
DEFINITIONS
SECTION 1.01. DEFINITIONS. The following definitions shall govern
the interpretation of this Interlocal Agreement:
"Act" shall mean, with respect to Consortium Members that are Affected
Counties, the "Home Rule" powers and all provisions of general law granting
powers and authority to each such Consortium Member, including, but not limited
to, Chapter 125, Florida Statutes, the Interlocal! Act, and other applicable
provisions of law, and to other Consortium Members, all provisions of general law
granting powers and authority to such Consortium Member, including the
Interlocal Act.
"Affected County" shall mean any of the 23 Florida counties with frontage
on the Gulf of Mexico.
"Consortium Members" shall mean the member or members of the
Consortium, from time to time, as shall be provided for by this Interlocal
Agreement.
"Board" shall mean the governing board 'of the Consortium, consisting of
the Directors appointed hereunder.
"Consortium" shall mean the Gulf Consortium, a legal entity and public
body, created pursuant to the provisions of the Interlocal Act and by this Interlocal
Agreement.
"Director" shall mean that individual appointed by each Consortium
Member in accordance with the provisions hereof to serve as part of the Board.
"Fiscal Year" shall mean the period commencing on October 1 of each year
and continuing through the next succeeding September 30, or such other period as
may be determined by the Board.
"Manager" shall mean the individual or entity!selected and engaged by the
Board to provide administrative functions of the Consortium.
"Interlocal Act" shall mean Part I of Chapter 163, Florida Statutes.
4
"Interlocal Agreement" shall mean this Interlocal Agreement, including
any amendments or supplements hereto, executed and delivered in accordance with
the terms•hereof.
"Public Agencies" shall mean any "public agency", as that term is defined
by the Interlocal Act.
"RESTORE Act" shall have the meaning set forth in the preambles hereof.
"State" shall mean the State of Florida.
Whenever any words are used in this Interlocal Agreement in the masculine
gender, they shall be construed as though they were also used in the feminine or
neuter gender in all situations where they would so apply, and whenever any words
are used in this Interlocal Agreement in the singular form, they shall be construed
as though they were also used in the plural form m all situations where they would
so apply.
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ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. The Consortium Members hereby jointly
create and establish the "Gulf Consortium", a legal entity and public body and a
unit of local government, with all of the privileges, benefits, powers and terms
provided for herein and by the Act.
SECTION 2.02. PURPOSES.
(A) The purpose of this Interlocal Agreement is for the establishment of
the Consortium, which will serve as the consortia or establish the consortia of local
political subdivisions as contemplated by the RESTORE Act for those counties
which are members of the Consortium. The Consortium is intended to assist in or
be responsible for, as determined by the Board:
(1) the development of the plan for the expenditure of the Oil Spill
Restoration Impact Allocation required by the RESTORE Act;
(2) the preparation and processing of applications or proposals for
funding under the competitive program to be processed and administered by the
Gulf Coast Ecosystem Restoration Council;
(3) acting as a resource for Consortium Members, to the extent
requested by that Member, in the planning, administration and expenditure of that
Member's share or portion thereof provided directly to the disportionately and
nondisportionately impacted counties pursuant to the RESTORE Act upon such
terms and conditions agreed to by that Consortium Member and at the sole expense
of that Consortium Member; provided, that nothing contained herein is intended to
impact the amount or timing, of any such distribution provided directly to the
disportionately and nondisportionately impacted counties;
(4) acting as a resource in the obtaining of additional funding for
programs through other available revenue sources, including, but not limited to,
those available for the Natural Resource Damage Assessment (NRDA);
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(5) acting as an advocate and representing the Consortium
Members in the development of federal rules relating to the implementation of the
RESTORE Act; and
(6) acting as an advocate for the Consortium Members with
executive.agencies, the Florida Legislature and the United States government.
(B) It is determined that the creation and organization of the Consortium
and the fulfillment of its objectives serves a public purpose, and is in all respects
for the benefit of the people of the State, Consortium Members, affected Public
Agencies and their citizens.
(C) It is determined that the Consortium is performing an essential
governmental function. All property of the Consortium is and shall in all respects
be considered to be public property, and the title to such property, to the extent
required, shall be held by the Consortium for the benefit of the public. The use of
such property shall be considered to serve a public purpose, until disposed of upon
such terms as the Consortium may deem appropriate.
SECTION 2.03. CONSORTIUM MEMBERS. The Consortium
Members shall consist of those Public Agencies set forth below or joined as
provided in Article III.
SECTION 2.04. DURATION OF CONSORTIUM. The Consortium
shall be in perpetual existence until the earlier of the following occurs:
(A) all revenue within the Trust Fund created pursuant to the RESTORE
Act is expended and the program established by the RESTORE Act is dissolved; or
(B) the Consortium is dissolved by the majority vote of its Board.
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ARTICLE III;
MEMBERSHIP AND REPRESENTATION
SECTION 3.01. MEMBERSHIP.
(A) Membership in the Consortium shall consist of Public Agencies that
approve this Interlocal Agreement pursuant to Article III.
(B) The initial Consortium Members shall on the date hereof consist of:
(INSERT COUNTIES)
(C) To the extent permitted by the Interlocal Act and the RESTORE Act,
the Consortium may admit any additional Public Agency to membership upon
application of such Public Agency, the approval of this Interlocal Agreement by
that Public Agency, and the affirmative vote of the majority of all Directors at a
duly called meeting of the Board of the Consortium; provided, that any Affected
County shall automatically be admitted to membership upon application thereof.
This Interlocal Agreement need not be amended in order to admit any Public
Agency as a Member of the Consortium; however, any new Consortium Member
which is not an Affected County shall be required to evidence its approval of any
conditions imposed on its membership by the existing Directors of the Consortium.
Approval of the governing bodies of each existing Consortium Member shall not
be required for the purpose of admitting a new Consortium Member.
(D) As a precondition to membership in the Consortium, each Consortium
Member shall constitute a Florida municipality, county or such other Public
Agency which is permitted' by the Interlocal Act to be a member of the
Consortium. Such new Consortium Member shall execute, deliver and record a
duly authorized counterpart to this Interlocal Agreement, as it exists at the time of
its approval.
SECTION 3.02. REPRESENTATION.
(A) Each Consortium Member shall appoint one Director to act as its
representative on the Board. Each Director shall be an individual who shall be
appointed specifically by name or by position. The Consortium Member shall
notify the Manager and the Chairman in writing as to the individual designated as
their Director.
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(B) Directors may be an elected official, appointed official, employee or
other designee of a Consortium Member.
SECTION 3.03. ACTION.
(A) The affairs, actions and duties of the Consortium shall be undertaken at
a duly called meeting pursuant to Section 3.08 hereof.`
(B) At any meeting of the Consortium at which any official action is to be
taken, a majority of all Directors shall constitute a quorum. A majority vote of a
quorum of the Directors present at a duly called meeting shall constitute an act of
the Consortium, except as otherwise provided herein. Except as may be
established by the Board with respect to any new Consortium Member which is not
an Affected County,.each Director is entitled to cast one vote.
(C) A certificate, resolution or instrument authorized by the Board and
signed by the Chairman, Vice-Chairman or such other person of the Consortium as
may hereafter be designated and authorized by the Board, shall be evidence of the
action of the Consortium and any such certificate, resolution or other instrument so
signed shall conclusively be presumed to be authentic. Likewise, all facts and
matters stated therein shall conclusively be presumed to be accurate and true.
SECTION 3.04. ELECTION OF OFFICERS. Once a year, and at such
other time as may be necessary to fill a vacancy, at is duly called meeting of the
Board called for the purpose thereof, the Consortium through its Directors shall
elect a Chairman, a Vice-Chairman and a Secretary-Treasurer to conduct the
meetings of the Board and to perform such other functions as herein provided.
Said Chairman, Vice-Chairman and Secretary-Treasurer shall each serve one (1)
year terms unless they resign from the Consortium, are removed by the Member
they represent, or such officer is otherwise replaced;as a Director of the Board.
Officers may, if elected by the Directors, serve longer than a one (1) year term.
SECTION 3.05. AUTHORITY OF OFFICERS.
(A) The Chairman and the Vice-Chairman shall take such actions and have
such powers as provided by the Board. The Chairman shall sign all documents on
behalf of the Consortium and take such action as may be in furtherance of the
purposes of this Interlocal Agreement as may be approved by resolution or action
of the Board adopted at a duly called meeting. The Vice-Chairman shall act in the
absence or otherwise inability of the Chairman to act.
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(B) The Secretary-Treasurer, or his designee, shall keep and maintain all
minutes of all meetings of the Board, but such minutes need not be verbatim.
Copies of all minutes of the meetings of the Board shall be sent by the Secretary-
Treasurer or his designee to all Directors of the Consortium. The Secretary-
Treasurer may also attest to the execution of documents. The Secretary-Treasurer
shall have such other powers as may be approved by resolution or other action of
the Board adopted at a duly called meeting.
SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR.
(A) Any Director may resign from all duties or responsibilities hereunder
by giving at least thirty (30) days prior written .notice to the Manager and
Chairman. Such notice shall state the date said!resignation shall take effect and
such resignation shall take effect on that date.
(B) Each Consortium Member, in its sole discretion, may remove its
designated Director at any time and may appoint a new Director to serve on the
Board upon written notice being given to the Manager and Chairman. Each
Consortium Member may also designate an alternate or designee to serve in a
Director's place in the event the Director is unavailable.
(C) In the event the Director of a Consortium Member shall resign or be
removed, such Consortium Member shall appoint j a new Director within thirty (30)
days. j
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(D) Any Director who resigns or is removed; and who is an officer of the.
Consortium shall immediately turn over and deliver;to the Manager any and all
records, books, documents or other property in his possession or under his control
which belong to the Authority.
SECTION 3.07. MEETINGS.
(A) The Board shall convene at a meeting duly called by either a majority
of the Directors or the Chairman. The Directors may establish regular meeting
times and places. Meetings shall be conducted at such locations as may be
determined by the majority of the Directors or the Chairman. Notice of a special
meeting, unless otherwise waived, shall be furnished to each Director by the
Manager not less than seven (7) calendar days prior to the date of such meeting;
provided the Chairman or, in his absence or unavailability, the Vice-Chairman,
may call a meeting upon twenty-four (24) hours written notice, if such officer
10
determines an emergency exists. All meetings shall be noticed in accordance with
Florida law.
(B) Within thirty (30) calendar days of the creation of the Consortium, the
duly appointed Directors shall hold an organizational meeting to elect officers and
perform such other duties as are provided for under this Interlocal Agreement.
(C) To the extent allowed, meetings may be held by means of media
technology in conformity with the Interlocal Act.
SECTION 3.08. WITHDRAWAL OR DISNIISSAL OF
CONSORTIUM MEMBERS. Any Consortium Member may withdraw from the
Consortium at any time, if the following conditions are satisfied:
(A) there shall be at least two (2) Consortium Members remaining in the
Consortium subsequent to withdrawal; and
(B) a certified resolution from the Consortium Member's governing body
setting forth its intent to withdraw is presented to the Consortium. Upon
satisfaction of the foregoing conditions, such withdrawal shall be effective.
SECTION 3.09. EXPENSES. The Consortium may establish, from time
to time, procedures for reimbursement for reasonable expenses incurred by
Directors and employees of the Consortium. The!Consortium shall also establish a
mechanism for assessing or apportioning Consortium expenses to the Consortium
Members. The expenditure of all expenses and approval of travel shall be in
conformity with the provisions of Florida law governing travel and reimbursement
of expenses for public officials.
SECTION 3.10. LIABILITY. No Director, agent, officer, official or
employee of the Consortium shall be liable for any action taken pursuant to this
Interlocal Agreement in good faith or for any omission, except gross negligence, or
for any act of omission or commission by any other Director, agent, officer,
official or employee of the Consortium.
SECTION 3.11 EXECUTIVE COMMITTEE. An Executive Committee
of the Board shall be established that shall consist lof the Chairman, the Vice-
Chairman, the Secretary-Treasurer and two other Directors designated by the
foregoing three officers. The Executive Committee shall have the power to act on
behalf of the Board in items of the activities set forth in Section 4.01(A)(2), (3),
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(4), (6), (7), (11), (13), (15), (16), (17), (23) and(24) hereof, and such other powers
as may be designated by the Board.
SECTION 3.12 PRINCIPAL PLACE OF BUSINESS. The
Consortium's principal place of business, within the meaning of Section 163.01
(11), Florida Statutes, shall initially be Leon County, Florida, subject to
modification by action of the Board. i
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ARTICLE IV
POWERS AND DUTIES
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SECTION 4.01. POWERS.
(A) The Consortium shall have all powers to carry out the purposes of this
Interlocal Agreement, including the following powers which shall be in addition to
and supplementing,any other privileges, benefits and powers granted by the Act, or
otherwise by the Interlocal Agreement:
(1) To enter into other interlocal agreements or join with any other
special purpose or general purpose local governments, public agencies or
authorities or create a separate entity as permitted by the Act in the exercise of
common powers or to assist the Consortium in fulfilling its purpose under this
Interlocal Agreement.
(2) To sue and be sued in the name of the Consortium.
(3) To adopt and use a seal and I authorize the use of a facsimile
thereof.
(4) To contract with any public or private entity or person upon
such terms as the Board deems appropriate.
(5) To acquire, by purchase, gift, devise or otherwise, and to
dispose of, real or personal property, or any estate therein, including the power to
determine how property will be disposed of upon the dissolution of the
Consortium.
(6) To make and execute contracts or other instruments necessary
or convenient to the exercise of its powers: I i
(7) To maintain an office or offices at such place or places as the
Board may designate from time to time, and to establish a custodian for the records
of the Consortium.
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(8) To lease, as lessor or lessee; to, or from any person, . firm,
corporation, association or body, public or private, facilities or property of any
nature to carry out any of the purposes authorized by this Interlocal Agreement.
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(9) To apply for and accept grants, loans and subsidies from any
governmental entity for the funding of projects, improvements or mitigation, and to
comply with all requirements and conditions imposed in connection therewith.
(10) To the extent allowed by law and to the extent required to
effectuate the purposes hereof, to exercise all privileges, immunities and
exemptions accorded municipalities and counties of the State under the provisions
of the constitution and laws of the State.
(11) To invest its moneys in such investments as directed by the
Board in accordance with State law.
(12) To provide for the establishment of advisory committees or
councils to the Board or other interlocal entities under the auspices of the Board.
(13) To fix the time and place or places at which its regular meetings
shall be held, and to call and hold special meetings.
(14) To make and adopt rules and procedures, resolutions and take
such other actions as are not inconsistent with the Constitution and laws of the
State of Florida, the provisions of the Interlocal;Act or this Interlocal Agreement
that are necessary for the governance and management of the affairs of the
Consortium, and further, the powers, obligations and responsibilities vested in the
Consortium by this Interlocal Agreement.
(15) To select and engage a Manager, who shall administer the
operations of the Consortium, manage the staff of the;Consortium, as authorized by
the Board, and perform all other administrative duties as directed by the Board.
(16) To employ or hire such attorneys or firm(s) of attorneys as it
deems appropriate to provide legal advice and/or other legal services to the
Consortium.
(17) To employ or hire engineers; consultants or other specialized
professionals as it deems appropriate to further the purposes of the Consortium.
(18) To create any and all necessary offices in addition to Chairman,
Vice-Chairman and Secretary-Treasurer; to establish other committees; to establish
the powers, duties and compensation of all employees; and to require and fix the
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amount of all official bonds necessary for the protection of the funds and property
of the Consortium.
(19) To take such action and employ such persons or entities as are
necessary to prepare, develop and submit to the ulf Coast Ecosystem Restoration
Council the plan for the Oil Spill Restoration Impact Allocation contemplated by
the RESTORE Act setting forth those projects, programs and activities that will
improve the ecosystems or economy of the State of Florida.
(20) To prepare, develop and submit applications for funding from
the Trust Fund under the competitive prograiiii administered by the Gulf Coast
Ecosystem Restoration Council on behalf of the Consortium or a Member.
(21) To advise, assist and aid Consortium Members, upon their
request, in the planning, administration and expenditure of that Member's share or
portion thereof of amounts provided directly to the disportionately and
nondisportionately impacted Counties pursuant to the RESTORE Act, upon such
terms and conditions agreed to by that Member and at the sole expense of that
Consortium Member.
(22) To advise, assist and aid the Consortium in obtaining additional
funding from other programs for projects, programs or mitigation on behalf of the
Consortium or its Members.
(23) To hire or engage staff, attorneys and professionals to act as an
advocate and represent the interests of Cons oirtiuin Members in the Federal
rulemaking process.
(24) To hire or engage staff, attorneys and professionals as an
advocate and to represent the interests of the Consortium and its Members before
Federal and State agencies and the Legislature.
(25) To do all acts and to exercise all of the powers necessary,
convenient, incidental, implied or proper in connection with any of the powers,
duties or purposes authorized by this Interlocal Agreement or the Act.
(B) In exercising the powers conferred by this Interlocal Agreement, the
Board shall act by resolution or other action approved;at duly noticed and publicly
held meetings in conformance with applicable law.
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(C) The provisions of Chapter 120, Florida Statutes, shall not apply to the
Consortium.
(D) The Consortium shall be subject to the provisions of the Florida
Sunshine Law under Chapter 286, Florida Statutes. All records of the Consortium
shall be subject to the Public Records Law.
SECTION 4.02. ANNUAL BUDGET. ';
(A) Following the creation of the Consortium, the Board'shall approve a
budget which shall provide for revenues and expenditures during the remainder of
the fiscal year in which it was formed. Such interim budget procedures shall be
utilized solely for the initial year of creation of the Consortium, after which the
budget shall be created pursuant to the remainingprovisions of this section.
(B) Prior to October 1 of each year the Board will adopt an annual budget
for the Consortium. Such budget shall be prepared within the time periods
required for the adoption of a tentative and final budget for county governments
under general law. The annual budget shall contain an estimate of receipts by
source and an itemized estimation of expenditures anticipated to be incurred to
meet the fmancial needs and obligations of the !Consortium. The Manager shall
prepare the annual budget.
(C) The adopted budget shall be .the operating and fiscal guide for the
Consortium for the ensuing Fiscal Year. The Board may from time to time amend
the budget at any duly called regular or special meeting.
(D) The Consortium shall provide financial reports in such form and in
such manner as prescribed pursuant to this Interlocal Agreement and Chapter 218,
Florida Statutes.
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED.
The Consortium shall not have the power to levy and assess an ad valorem tax on
any property for any reason.
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ARTICLE V '
MISCELLANEOUS
SECTION 5.01. DELEGATION OF DUTY. Nothing contained herein
shall be deemed to authorize the delegation of any of the constitutional or statutory
duties of the State or the Consortium Members or,any officers thereof.
SECTION 5.02. FILING. A copy of this Interlocal Agreement shall be
filed for record with the Clerk of the Circuit Court of Leon County, Florida, and
with the Clerk of the Circuit Court of any other County subsequently determined to
be the Consortium's principal place of business.
SECTION 5.03. IMMUNITY.
(A) All of the privileges and immunities from liability and exemptions
from laws, ordinances and rules which apply to the activity of officials, officers,
agents or employees of the Consortium Members shall apply to the officials,
officers, agents or employees of the Consortium when performing their respective
functions and duties under the provisions of this Interlocal Agreement.
(B) The Consortium and each Consortium Member shall be entitled to all
protections granted to them under Sections 768.28 and 163.01(9)(c), Florida
Statutes, other Florida Statutes and the common law governing sovereign
immunity. Pursuant to Section 163.01(5)(o), Florida Statutes, Consortium
Members may not be held jointly liable for the to4s of the officers or employees of
the Consortium, or any other tort attributable to the Consortium, and that the
Consortium alone shall be liable for any torts attributable to it or for torts of is
officers, employees or agents, and then only to the extent of the waiver of
sovereign immunity or limitation of liability as specified in Section 768.28, Florida
Statutes. Nothing in this Interlocal Agreement shall be deemed to constitute a
waiver of sovereign immunity.
(C) The Consortium Members intend that the,Consortium shall have all of
the privileges and immunities from liability and exemptions from laws, ordinances,
rules and common law which apply to the municipalities and counties of the State.
Nothing in this Interlocal Agreement is intended to inure to the benefit of any
third-party for the purpose of allowing any claim which would otherwise be barred
under the doctrine of sovereign immunity or by operation of law.
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SECTION 5.04. LIMITED LIABILITY. No Consortium Member shall
in any manner be obligated to pay any debts, obligations or liabilities arising as a
result of any actions of the Consortium, the Directors or any other agents,
employees, officers or officials of the Consortium, except to the extent otherwise
mutually agreed upon by that Member, and neither the Consortium, the Directors
or any other agents, employees, officers or officials of the Consortium have any
authority or power to otherwise obligate any individual Consortium Member in any
manner.
SECTION 5.05. AMENDMENTS. This Interlocal Agreement may be
amended in writing at any time by the concurrence of all of the Directors present at
a duly called meeting of the Consortium and subsequent ratification by the
governing body of each Consortium Member. However, this Interlocal Agreement
may not be amended so as to (A) permit any profits of the Consortium to inure to
the benefit of any private person, or (B) permit the diversion or application of any
of the moneys or other assets of the Consortium for any purposes other than those
specified herein.
SECTION 5.06. SEVERABILITY. In the event that any provision of this
Interlocal Agreement shall, for any reason, be determined invalid, illegal or
unenforceable in any respect by a court of competent jurisdiction, the other
provisions of this Interlocal Agreement shall remain in full force and effect.
SECTION 5.07. CONTROLLING LAW. This Interlocal Agreement
shall be construed and governed by Florida law.
SECTION 5.08. EFFECTIVE DATE. This Interlocal Agreement shall
become effective on the later of(A) the dated date hereof, or (B) the date the last
initial Consortium Member executes this Interlocal Agreement and the filing
requirements of Section 5.02 hereof are satisfied.
(SEAL)
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DANNY L.KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk
Mayor
MoNHut CO T 1N
AA PR D. TO FO
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R BERT B. SHILLINGER, JR.
CHIEF A 3ISTANT CO}JNTY ATTORNEY
Data:
From: Florida Association of Counties
To: Potential Counties of Gulf Consortium
Subj: Transition Budget
FAC is committed to serving Florida's 67 counties through our mission of preserving
and protecting home rule through education, advocacy and collaboration. However,
there are events that occur, such as the Deepwater Horizion Oil Spill, that call on the
Association to work on the primary behalf of.a specific region. When that occurs, FAC
historically has asked those affected counties to provide financial support to the
Association so these regional efforts can be implemented.
When the RESTORE Act was being lobbied in Washington, the eight disproportionately
impacted counties contributed funds to support FAC's lobbying efforts. Now that the
RESTORE Act has passed and FAC is working to create a consortium to maximize the
opportunities for Florida's counties and advance the principle of home rule—securing
that these decisions should be made on a local level!— FAC is turning to those impacted
counties to directly support our efforts.
Therefore, FAC is asking those 23 Gulf Coast counties to reimburse FAC for the
investments being made to create the consortium. If and when a consortium is formed,
it will develop an independent operating budget and funding structure. Should any
funds remain from the transition period, they will be transferred to the consortium.
The Transition Budget is intended to accomplish the followin
I g:
• Reimburse FAC for expenses associated with consultants, travel and other
administrative costs.
• Continue the lobbying effort with Federal Agencies to ensure Florida counties
interests' are considered. j
• Continue to provide continuity to members until the Gulf Consortium is formed.
The Transition Budget is not a bill for developing the interlocal agreement (ILA)and is
not a fee for joining the Gulf Consortium.
If approved by a majority of the affected counties, the Transition Budget will be
presented to the FAC Executive Committee for approval and invoicing.
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Transition Planning Assumptions
• Goal is to have RESTORE Consortium setup and running by October 1,2012
• Once established,the Consortium will be responsible for implementation of the RESTORE Act
• Until October 1, 2012, or whenever the Consortium is established, FAC will facilitate and
coordinate the transition (detail below)
Transition Period (now-October;1, 2012*)
• FAC has hired Doug Darling to assist during this period! John Wayne Smith and Bill Peebles are
also available and involved
• Goals of Transition Period 1
o Establish framework for Consortium Membership
• Counties
• State involvement
• Other stakeholders i I
o Facilitate the planning for establishment of Consortium
• Budget
• Proposed expenses
• Proposed cost sharing
• Initial policy guidelines
• Advocacy&lobbyist(State&Federal)
o Counties
o State Agencies(DACS/DEP/FWCC/DEO/NRDA/WMD)
o Visit Florida 1
o Enterprise Florida
o State Stakeholders (Hotels/Restaurants/TDC's/Environmental
Groups)
o Governor's Office
o Legislative Leadership j
o Commission on Oil Spill Response
o Federal Agencies
o U.S.Treasury
o Other States
• Preliminary legal analysis
o Proposed legal establishment '
o Initial incorporation documents
o Initial By-Laws
• Communications
Page 1of3
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o Communications Plan ._
o FAC Website
o Establish Public Records protocol
o In-coming calls
o Public Meetings
• Proposed Timeline
O Proposed Consortium Structure,Membership,Legal formation,presented to Executive
Committee August 16
o September
• Build consensus with Consortium members
• Resolutions passed in counties
• Other participants appointed
• Fully brief Governor's Council Appointee
• Develop FAC phase-out plan
• Proposed Transition Budget(July 1-Dec 1)
o $3,000/month—consultant
o $20,000—legal
o $5,000—FAC Travel
O $8,000—Meeting Expenses
• Estimate 8 meetings with Counties
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O NRDA Coordination-$2,000 •
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O Total Proposed Transition Budget=$53,000
• Proposed Funding Structure
O 8 Counties—75%
• Original proposed formula
O 15 Counties—25%
• Estimated formula from RESTORE Act
ESTIMATED
COUNTY POPULATION ALLOCATION AMOUNT
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ESCAMBIA 297,619 27% $12,960
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SANTA ROSA 151,372 10% $4,800
OKALOOSA 180,822 16% $7,680
Page 2 of 3
• w •
A
ESTIMATED
COUNTY POPULATION ALLOCATION AMOUNT
WALTON 55,043 14% $6,720
BAY 168,852 15% $7,200
GULF 15,863 6% $2,880
FRANKLIN 11,549 8% $3,840
WAKULLA 30,776 4% $1,920
JEFFERSON 14,761 4% $640
TAYLOR 22,570 4% $640
DIXIE 16,422 3%
$480
LEVY 40,801 4% .$640
CITRUS 141,236 5% $800
HERNANDO 172,778 5% I$800
PASCO 464,697 7%
$1,120
PINELLAS 916,542 11% $1,760
HILLSBOROUGH 1,229,226 13% $2,080
MANATEE 322,833 7% $1,120
SARASOTA 379,448 7%
$1,120
CHARLOTTE 159,978 5% $800
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LEE 618,754 9% $1,440
COLLIER 321,520 7% $1,120
MONROE 73,090 8% $1,280
Page 3 of 3
3s
Legal Description of a Separate
Government Entity
(Nabors, Giblin, Nickerson)
Legal Description of a Separate Government Entity
Section 163.01, Florida Statutes, authorizes counties and other public agencies
to agree to use their powers jointly through the formation:of another governmental entity
so that the counties can efficiently address their mutual needs. The idea of a separate
legal entity created by two or more counties is much like the concept of a corporation or
LLC that any person can create. A corporation has a charter and bylaws, which contain
the powers of the corporation. The corporation is subject to laws and regulation that do
not necessarily apply to human beings, and vice versa. Corporations and the people
who start them are separate bodies, separate units, separate creatures under the law.
Separate legal entities are common mechanisms through which counties and cities
accomplish mutual goals. A list of some of the separate government entities formed by
counties and municipalities in Florida is provided in a;separate document. This
document describes the legal parameters in Florida of a separate government entity.
Formation By Resolution. To address the opportunities and challenges
presented by the RESTORE Act, counties desiring to join together can form a separate
legal entity through the adoption of an identical resolution by each of the participating
boards of county commissioners. At a minimum, section 163.01 requires the
participation by two counties to create a separate government entity. The statutes do
not require all 23 of the affected counties to be members. Some of the affected
counties may decide not to join.
Powers. The powers of the separate government entity are established in the
resolutions creating the entity. Generally, a separate!government entity may be granted
"any power, privilege, or authority which . . . [the counties] share in common and which
each might exercise separately." Sec. 163.01(4), Fla; Stat. Sections 163.01(5) and (7)
authorizes the separate government entity to exercise broad governmental powers
which can be further specified and limited in the resolution creating the entity.
1
Nabors,Giblin&Nickerson,P.A.,1500 Mahan Drive,Suite 200, Tallahassee,FL 32308
(850)224-4070
July 26,2012
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Thereafter, the powers of the separate government entity can be more fully developed
and refined in the bylaws adopted by the participating counties.
Scope Of Powers. To implement the RESTORE!Act, the interlocal entity may
be empowered to serve as the Florida Consortium,jointly manage federal rule-making
and state executive and legislative processes, and joiintly propose large scale projects
to the Gulf Coast Council. A separate document outlines some of the specific powers
relative to implementing the RESTORE Act.
Governance Structures: The bylaws and resolution provide for the governance
structure of the separate governmental entity. The structure can be created in any
manner that will serve the interests of the participating counties, including having more
than one governing body, each of which can be given separate responsibilities for
different purposes.
Transparency. The separate entity must meet all government transparency
requirements, including public records, open meetings, ethics and state auditing
obligations.
Costs. The start-up and on-going operations can be funded from county
contributions or any other source that may be available. Under certain circumstances,
these up-front and other costs may be recoverable from RESTORE Act funds allocated
for administration.
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Nabors,Giblin &Nickerson,P.A.,1500 Mahan Drive, Suite 200, Tallahassee,FL 32308
(850)224-4070
July 26,2012
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How a Joint Public Entity Can
Serve Affected Counties in the
implementation of the E
STORE Act
(Nabors, Giblin, Nickerson)
How a Joint Public Entity Can Serve Affected Counties
in the Implementation of the RESTORE Act
The joint public entity is tentatively titled the "Gulf Consortium". The Gulf Consortium can be
authorized to serve the 23 "affected counties" including the 8 disproportionately affected
counties and the 15 non-disproportionately affected counties in implementing any or all of the
following aspects of the RESTORE Act.
WHY a joint entity?—Gulf Consortium
REQUIRED
• In the state of Florida, the RESTORE Act provides that"a consortia of local political
subdivisions"will develop the state economic and environmental restoration plan. The
consortia shall include at a minimum "a representative of each affected county".
• The consortium is responsible for the development and implementation of Florida's plan
that will be funded based on a state "impact allocation" formula. It is estimated that
Florida will receive 19-20% of these funds.
COORDINATION
• The RESTORE Act provides for multiple pots; three separate funding pots for economic
and environmental restoration and an additional pot emphasizing monitoring and
research.
• The projects and programs developed will very likely require the planning and
cooperation of multiple jurisdictions.
• The Gulf Consortium can propose and implement large-scale projects and programs to
be funded by the Gulf Coast Ecosystem Restoration Council, which is responsible for
developing a Master Gulf Coast Regional plan.
• The Gulf Consortium can also help identify projects for the Natural Resource Damage
Assessment (NRDA).
TECHNICAL ASSISTANCE
• The Consortium may be authorized to assist any of the 23 affected counties (if they so
desire) in the plan development, implementation and administration of the 35 percent of
RESTORE Act funds that constitute Florida's share as a Gulf Coast State and are
allocated directly to the 23 counties. These funds are not subject to further appropriation.
FLEXIBILITY
• The Consortium can establish itself in almost any format, including
o Multiple (Joint Interest or geographic) county groups,
o Include state entities
o Include other stakeholders j
OVERSIGHT &COMPLIANCE
o Consortium can coordinate the 23 affected counties in the development of the Federal rules
to implement the RESTORE Act.
o Consortium can provide a process that will be open and transparent to the public.
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HOW do I get one?—Gulf Consortium
i
Joint Public Entity
o Chapter 163, Florida Statutes, authorizes countiee and other public agencies to agree to
use their powers jointly through the formation of another governmental entity so that they
can efficiently address their mutual needs.
o The idea of a separate legal entity created by two or more counties is much like the
concept of a corporation or LLC that any person can create. A corporation has a charter
and bylaws, which contain the powers of the corporation. The corporation is subject to
laws and regulation that do not necessarily apply Ito human beings, and vice versa.
Separate legal entities are common mechanisms!through which counties and cities
accomplish mutual goals.
o A list of some of the separate government entities formed by counties and municipalities
in Florida is provided in a separate document.
Formation By Resolution
o Counties desiring to join together can form a separate legal entity through the adoption
of an identical resolution by each of the participating boards of county commissioners.
At a minimum, section 163.01 requires the participation by two counties to create a
separate government entity.
Powers
o The powers of the separate government entity are established in the resolutions creating
the entity.
o Generally, a separate government entity may be granted "any power, privilege, or
authority which . . . [the counties] share in common and which each might exercise
separately." Sec. 163.01(4), Fla. Stat. Sections 163.01(5) and (7) authorizes the
separate government entity to exercise broad governmental powers, which can be
further specified and limited in the resolution creating the entity. Thereafter, the powers
of the separate government entity can be more fully developed and refined in the bylaws
adopted by the participating counties.
Organization & Governance Structures
II I
o The bylaws and resolution provide for the governancelstructure of the separate
governmental entity.
o The structure can be created,in any manner that will serve the interests of the
participating counties, including having more than,one;governing body, each of which
can be given separate responsibilities for differentjpurposes.
Costs
o The start-up and on-going operations can be funded from county contributions or any
other source that may be available.
o Under certain circumstances,'these up-front and otherlcosts may be recoverable from
RESTORE Act funds allocated for administration.
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5.
The RESTORE Act Summary
(Okaloosa County Commissioner David Parisot)
1
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Resources and Ecosystems Sustainability, Tourist;2pportunities, and Revived
Economies of the Gulf Coast States Act of 2012 '(RESTORE Act of 2012) (Source:
MAP-21 Conference Report,Subtitle F—Gulf Coast Restoration,Sec. 1601 thru Sec. 1608)
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Author: Dave Parisot, Okaloosa County Commissioner, Dist.2
Contacts: Email dparisot@co.okaloosa.fl.us; Office (850)1651-7105; Mobile (850)855-1042
1. Action: Establish procedures to deposit in and expend from the Trust Fund (80%of the total
fines). (OPR: U.S.Sec'ys. Of Treasury, Interior, &Commerce) (E.G., if fine is$20B,then$16B
goes to Trust Fund)
a. Requirements:
(1) Procedures to assess State and County(FL) procedures
(2)Auditing requirements
(3) Procedures for administrative expense of Trust Fund management
2. Adds new sections (28) thru (35) to subsection (a) of 33'U.S.C. 1321. :
a. Para(29) defines 'coastal political subdivision' (p. 188) "Any political jurisdiction
that is immediately below the State level of government, including a county, with a
coastline that is contiguous with any Donlon of the U.S. Gulf of Mexico."
b. Para (30) defines 'Comprehensive Plan' 1
c. Para. (31) defines 'Council' as the Gulf Coast Ecosystem Restoration Council (see
new subsection (t)(2)(C) [p. 194]
d. Para. (32) defines 'Deepwater Horizon oil spill'
e. Para. (33) defines 'Gulf Coast region' (p.188) I
f. Para. (34) defines 'Gulf Coast State' as AL, FL, LA,' MS,';AND TX
,
g. Para. (35) defines 'Trust Fund' (p.189)
3. Amends subsection (s) of 33 U,.S.C. 1321 (Federal Water Pollution Control Act):
(s) Oil Spill Liability Trust Fund : The Oil Spill Liability Trust,Fund established under section
9509 of title 26 shall be available to carry out subsections (b), (c), (d), (j), and (I) of this
section as those subsections apply to discharges, and substantial threats of discharges, of
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oil. Any amounts received by the,United States under this section shall be deposited in the
Oil Spill Liability Trust Fund "except as provided in subsection (t)."
4. Adds a new subsection (t) to 33 U.S.0 1321: GULF COAST RESTORATION AND
RECOVERY. (This is the "meat" of the Act):
a. 35% of funds to the 5 Gulf States in equal sharesfor ecological and economic
restoration (Pot#1), i.e., 7%each to AL, FL, LA, MS, &TX [E.G., if fine is $20B, then $5.6B
(35%of $16B) is divided 5 ways; each State share would be $1.12B)
b. Allowed activities:
(I) Restoration/protection of natural resources, ecosystems, fisheries, marine &
wildlife habitats, beaches, & coastal wetlands
(II) Mitigation of damage to fish, wildlife, & natural resources
(III) Implementation of a federally approved marine, coastal, or comprehensive
conservation management plan, including fisheries monitoring
(IV)Workforce development and job creation
(V) Improvements to or on State parks located in 'coastal areas affected by Oil Spill
(VI) Infrastructure projects benefitting the economy or ecological resources, including
port infrastructure
(VII) Coastal flood protection and related infrastructure
(VIII) Planning assistance
(IX) Administrative costs of complying with this subsection (max. of 3%)
(X) Activities to promote tourism and seafood in the Gulf Coast region, limited to:
(a). Promotion of tourism in the Gulf Coast Region, including recreational fishing
(b). Promotion of seafood harvested from the Gulf Coast Region
NOTE: Activities funded under this subsection may not'be included in any claim for
compensation paid out by the Oil Spill Liability Trust Fund after the date of enactment of
this subsection.
c. Pot#1 Distribution (Florida):
(1) 75%directly to the 8;disproportionaily affected counties (Escambia to Wakulla);
(if total fine is $20B, 75%of$1.12B = $840M)
(2) 25%directly to,the nondisproportionally impacted counties: 34% based on
population;.33% based on the county per capita sales fax collections estimated for FY2012;
33% based on the inverse proportion of the weighted average distance from the Deepwater
Horizon oil rig to each of the nearest and farthest points of the shoreline. (If total fine is
$20B, 25%of $1.128 = $280M, then 34% = $95.2M; 3,3%'= $92.4M)
d. Conditions:
(1) Agree to Sec'y of Treasury requirements (includes audit)
(2) Certify to Sec'y of Treasury projects/programs:
(a) Meets criteria of 4b above
(b) Was selected based on meaningful input from public (including
individuals, businesses, and NPOs)
(c) For natural resource protection or restoration projects, based on the best
available science.
(3) Certify the projects/programs/contract award.are consistent with standard
procurement rules and audit requirements
(4) Develop and submit a multi-year implementation plan for the use of funds
e. Funds allocated to a coastal political subdivision (in FL. a county) shall remain in
the Trust Fund until plans submitted and approved
5. 60%disbursed to the Gulf Coast Ecosystem Restoration Council to implement the
comprehensive recovery.plan (Pot#2,and Pot#3) [NOTE: Per Florida SB 2156, Sec. 499,
75% of FL's share to the 8-counties (see below)]
a. Pot#2: 30%of total (50%of the 6096) (If total fine,is $20B, 30% = $4.8B)
(1). Membership: Sec'ys of Interior, Army, Commerce, Agriculture; EPA
Administrator; Coast Guard; Governors of AL, FL, LA, MS, &TX (needs majority of State
members to have a quorum)
(2). Public Transparency—actions proposed by Council made available to public via
electronic means prior to any vote
(3). Projects: Projects and, programs that would restore and protect the natural
resources, ecosystems, fisheries,.'marine and wildlife habitats, beaches, coastal wetlands,
and economy of the Gulf Coast
(4). Comprehensive Plan: Within 180 days of enactment, shall publish a proposed
plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife
habitats of the Gulf Coast region
(5). Disbursement: (To the 5 Gulf States: AL, FL, LA, MS, &TX)
(a) 40% based on the proportionate number of miles of shoreline in each Gulf
Coast State that experienced oiling compared to the total number of miles of shoreline that
experienced oiling as a result of the Deepwater Horizon oil,spill (If total fine is $20B, 40% =
$1.92B )
(b) 40% based on the inverse proportion of,the average distance from the
mobile offshore drilling unit Deepwater Horizon at the:time of the explosion to the nearest
and farthest point of the shoreline that experienced oiling of each Gulf Coast State
I
(c) 20% based on the average population in the 2010 census of coastal
counties bordering the Gulf of Mexico within each GulfICoast State (If total fine is $208,
20%= $960M )
(d) Minimum Allocation: Not less than 5%of the total to each State (If total fine
is $20B, 5% = $240M )
(6). Plan Development: In Florida, a consortia of local political subdivisions
(counties) that includes at a minimum 1 representative of each affected county.
b. Pot#3: (30% of total (50%,of the 60%) (If total fine is S20B, 30%= S4.813)
(1). To the states and the federal government to carry out the comprehensive
restoration plan
6. Remaining 5% ("Pot#4) of total, fine monies: (If total fne;is $2013, 5% = $800M )
I
a. To Gulf Coast Ecosystem Restoration Science, Observation, Monitoring and
Technology Program
. i
(1) 50%to the Gulf Coast States in equal shares, exclusively for grants IAW Sec
1605 (c) of RESTORE Act to establish centers of excellence to conduct research only on the
Gulf Coast Region (If total fine is $20B, 2.5% = $400M )
(2) 50%to carry out the program of the Gulf Coast Restoration Trust Fund (If
total fine is $20B, 2.5% = $400M )
7. Interest generated by the Gulf Trust Fund ("Pot#5')
a. 50%to be divided equally between Gulf Coast Ecosystem Restoration Science,
Observation, Monitoring and Technology program authorized in Section 1604 of RESTORE
Act and the centers of excellence research grants authorized in Section 1605 of RESTORE
Act
b. 50%to 6a (above)
8. Florida SB 2156. Section 499: ( Factor in funds expenditures of Pots 2. 3. and 4 )
a. Disproportionally Affected County: Bay, Escambia, Franklin, Gulf, Okaloosa, Santa
Rosa, Walton, Wakulla
b. 75%of funds to a. above to be used for:
(1) Scientific research on impact of oil spill on fisheries and coastal wildlife and
vegetation along county's shoreline and development of strategies to implement measures
suggested from such research
(2) Environmental restoration of coastal areas damaged by the oil spill
(3) Economic incentives
i •
(4) Initiatives to expand and diversify the county's economies
c. 25%to be used for items in b.(1)-b.(4) above,but areas other than the 8-counties
d. FDEP to be lead agency to expend funds for environmental restoration
e. FDEO to be lead agency to expend funds for economic incentives and
diversification efforts
1
f. Expenditures of funding via SB 2156 will also have to comply with criteria in
RESTORE Act
RECOMMENDATIONS for Okaloosa County to Implement RESTORE Act of 2012:
1. Establish a Steering Committee:
a. Membership:
(1). County Commission and key Directors, e.g.,1 Public Works, Growth Management,
Tourist Development
(2). Municipalities
(3). Economic Development Council
(4). Business leaders
(5). Environmentalists
(6). Others
b. County Ordinance??
c. Meet in Sunshine; open to public.
d. Recommend formal minutes,just like BCC meetings.
2. Designate a "funds receiving/disbursement" agency,'e.g., Clerk of Courts (small . -
commission commensurate with workload)
3. Major task: Getting a good understanding of what'sallowed and prohibited by both
Federal and State criteria for funds expenditures from the various "Pots" of funding, and
integrate RESTORE plans with NRDA programs to maximize available funding from both
programs.
4. Detailed planning
a. Selection of projects/programs.
b. Categorize projects/programs as to category (e.g., environmental; economic;
infrastructure; workforce creation/job development; mitigation; tourism; seafood
promotion; coastal flood protection; et.al.) to meet funding "rules". Example: A
stormwater project to build outfalls to clean up/protect Choctaw Bay could fall under
various categories, i.e., environmental, infrastructure,job creation, mitigation, and/or
coastal flood protection.
c. Cost estimation/allocation.
5. Write and submit plans to appropriate Federal and State agencies.
a. If can agree on some initial projects/programs, get those in writing and submitted
ASAP to aid economic recovery and growth; don't wait on "complete planning"for the total
funding.
b. Planning will get more defined after we know the fine amount.
6. Recommend BCC set a RESTORE Workshop(Suggested Dates: Aug 13 (Mon), Aug 14
(Tue), or Aug 15 (Wed)` Note: Final Budget Workshop is Aug. 9.
6.
The RESTORE Act
0:\CEL\CEL12723.xinl (file 4 of 10] S.L.C.
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(4) DEADLINE.—The Secretary shall complete the report
under paragraph(1) by not later than 18!months after the date
of enactment of this Act.
(5)I1vTERGI REPORT.Not later than190 days after the date
of enactment of this Act, the Secretary shall submit to the Com-
mittees on Appropriations of the House of Representatives and
Senate, the Committee on Environment and Public Works of the
Senate, and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report describing—
(A) interim milestones that will)be met prior to final
completion of the study and report under paragraph (1);
and
(13) funding necessary for completion of the study and
report under paragraph (1), including funding necessary
for completion of each interim milestone identified under
subparagraph(A).
Subtitle F—Gulf Coast Restoration
SEC.1601.SHORT TITLE.
This subtitle may be cited as the "Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012".
SEC.16os.GULF COAST RESTORATION TRUST FUND.
(a) EsTABL1sWMENT:—There is established in' the Treasury of
the United States a trust fund to be known as thel,"Gulf Coast Res-
toration Trust Funds (referred to in this section as the 'Trust
Fund'), consisting of such amounts as are deposited in the Trust
Fund under this Act or any other provision of law.
(b) TRANSFERS.—The Secretary of the Treasury shall deposit in
the Trust Fund an amount equal to 80 percent of all administrative
and civil penalties paid by responsible parties after the date of en-
actment of this Act in connection with the explosion on, and sinking
of the mobile offshore drilling unit Deepwater Horizon pursuant to
a court order, negotiated settlement, or other'instrument in accord-
ance with section 311 of the Federal Water Pollution Control Act(33
U.S.C. 1321).
(c) ERPENvITUREs.—Amounts in the Trust Fund, including in-
terest earned on advances to the Trust Fund and proceeds from in-
vestment under subsection(d), shall—
(1) be available for expenditure, without further appropria-
tion, solely for the purpose and eligible activities of this subtitle
and the amendments made by this subtitle;and
(2) remain available until expended, without fiscal year
limitation.
(d)INVES2'MENT.Amounts in the Trust Blind:shall be invested
in accordance with section 9702 of title 31, United''States Code, and
any interest on, and proceeds from, any such investment shall be
available for expenditure in accordance with'this;subtitle and the
amendments made by,this subtitle.
(e)ADamvzSTRATION.Not later than 180;days:after the date of
enactment of this Act, after providing notice and an opportunity for
public comment, the Secretary of the Treasury, in consultation with
the Secretary of the Interior and the Secretary of(Commerce, shall
II
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188
establish such procedures as the Secretary Idetermines to be nec-
essary to deposit amounts in, and expend amounts from, the Trust
Fund pursuant to this subtitle, including—
(1) procedures to assess whether the programs and activi-
ties carried out Under this subtitle and the amendments made
by this subtitle achieve compliance with applicable require-
ments, including procedures by which; the Secretary of the
Treasury may determine whether an expenditure by a Gulf
Coast State or coastal political subdivision (as those terms are
defined in section 311 of the Federal Water Pollution Control
Act (33 U.S.0 1321))pursuant to such,a program or activity
achieves compliance;
(2) auditing requirements to ensure that amounts in the
Trust Fund are expended as intended;and
• (3) procedures for identification and allocation of funds
available to the Secretary under other provisions of law that
may be necessary to pay the administrative expenses directly at-
tributable to the management of the Trust Fund
• (fl SrnvsET—The authority for the Trust Fund shall terminate
on the date all funds in the Trust Fund have been expended.
SEC. 1603. GULF COAST.NATURAL RESOURIES RESTORATION AND
ECONOMIC RECOVERY.
Section311 of the Federal Water Pollutions Control Act (33
U.S.C. 1321)is amended—
(1) in subsection (a)--
•
A) in paragraph (25)(B), by striking"and"at the end;
paragraph (26)(D), by striking;the period at the
end and inserting'a semicolon;and
(C)by adding at the end the following:
"(27) the term 'best available science'"means science that—
"(A) maximizes the quality, objectivity, and integrity of
information, including statistical information;
and"(B) uses peer-reviewed and publicly available data;
"(C) clearly documents and communicates risks and
uncertainties in the scientific basis for such projects;
"(28) the term 'Chairperson' means the Chairperson of the
Council;
"(29) the term 'coastal political subdivision means any
local political jurisdiction that is immediately below the State
level of government, including a county,, parish, or borough,
with a coastline that is contiguous with any portion of the
United States Gulf of Mexico;
"(30) the terra 'Comprehensive Plan'means the comprehen-
sive plan developed by the Council pursuant to subsection (t);
'(31) the term 'Council' means the Gulf'Coast Ecosystem
Restoration Council established pursuant to subsection(t);
"(32)the term Deepwater Horizon oil spill'means the blow-
out and explosion of the mobile offshore drilling unit Deepwater
Horizon that occurred on April 20, 2010, and resulting hydro-
carbon releases into the environment;
"(33)the term'Gulf Coast region'means
"(A) in the Gulf Coast States, thecoastal zones (as that
term is defined in section 304 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1453)), except;that, in this sec-
• I
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O:\CEL\CEL12723.xm1 (file 4 of 10) S.L.C.
189
tion, the term `coastal zones'includes laid within the coast-
al zones that is held in trust by, or the use of which is by
law subject solely to the discretion;of, the Federal Govern-
ment or officers or agents of the Federal Government)) that
border the Gulf of Mexico;
"(B) any adjacent land, water, and watersheds, that
are within 25 miles of the coastal zones described in sub-
paragraph (A)of the Gulf Coast States;and
(C)all Federal waters in the Gulf of Mexico;
"(34) the term 'Gulf Coast State' means any of the States
of Alabama, Florida,Louisiana, Mississippi, and Texas;and
(35) the term Trust Fund'means the Gulf Coast Restora-
tion Trust Fund established pursuant to section 1602 of the Re-
sources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012.";
(2) in subsection (s), by inserting 1"except as provided in
subsection(t)"before the period at the end;and
(3) by adding at the end the following:
"(t) GULF COAST RESTORATION AND RECOVERY.—
"(1)STATE ALLOCATION AND EXPENDITURES.—
"(A) IN GENERAL.—Of the total amounts made avail-
able in any fiscal year from the Trust Fund, 35 percent
shall be available, in accordance with the requirements of
this section;to the Gulf Coast States in equal shares for ex-
penditure for ecological and economic restoration of the
Gulf Coast region in accordance with this subsection.
"(B) USE OF FUNDS.-- 1
"(i)I ELIGIBLE ACTIVIT7E8 IN THE GULF COAST RE-
GION.—Subject to clause (iii), amounts provided to the
Gulf Coast States under this subsection may only be
used to carry out 1 or more of!the following activities
in the Gulf Coast region:
" ) Restoration and protection of the natural
resources, ecosystems, fisheries, marine and wild-
life habitats, beaches, and coastal wetlands of the
Gulf Coast region.
"(II) Mitigation of damage,1 to fish, wildlife,
and natural resources.
?HI) Implementation of a federally approved
marine, coastal, or comprehensive conservation
management plan, including fisheries monitoring.
Workforce development)and job creation.
"(V)Improvements to orlon State parks located
in coastal areas affected by the Deepwater Horizon
oil spill.
"(VI) Infrastructure projects benefitting the
economy or ecological resources, including port in-
frastructure. I
"(VII) Coastal flood protection and related in-
frastructure.
1"(VIII)Planning assistance.
"(IJC Administrative costs of complying with
this(subsection.
"(ii) ACTIVITIES TO PROMOTE TOURISM AND SEA-
FOOD IN.THE GULF COAST REGION.—Amounts provided
O:\CEL\CEL12723. m1 [file 4 of 10] S.L.C.
190
to the Gulf Coast States under this subsection may be
used to carry out 1 or more of,the following activities:
"(I) Promotion of tourism in the Gulf Coast
Region, including recreational fishing.
"(II) Promotion of the consumption of seafood
harvested from the Gulf Coast Region.
"(iii)LIMITATION.—
"(I) IN GENERAL.—Of the amounts received by
a Gulf Coast State under this subsection, not more
than 3 percent may be used for administrative
costs eligible under clause(i)(I7O.
"(II) CLAIMS FOR COMPENSATION.—Activities
funded under this subsection may not be included
in any claim for compensation paid out by the Oil
Spill Liability Trust Fundafter the date of enact-
ment of this subsection.
"(C) COASTAL POLITICAL SUBDIVISIONS.—
"(i) DISTRIBUTION.In the case of a State where
the coastal zone includes the entire State—
"(I) 75 percent of funding shall be provided di-
rectly to the 8 disproportionately affected counties
impacted by the Deepwater Horizon oil spill; and
"(II) 25 percent shall 'be provided directly to
nondisproportionately impacted counties within
the State.
"(ii) NONDISPROPORTIONATELY IMPACTED COUN-
TIES.—The total amounts made;available to coastal po-
litical subdivisions in the State!of Florida under clause
(i)(II) shall be distributed according to the following
weighted Formula:
`(I) 34 percent based on the weighted average
of the population of the county.
"(II) 33 percent based on the weighted average
of the county per capita sales tax collections esti-
mated for fiscal year 2012.
"OH) 33 percent based on the inverse propor-
tion of the weighted average distance from the
Deepwater Horizon oil rigi to each of the nearest
and farthest points of the shoreline.
"(D)LOUISIANA.—
`(i) IN GENERAL—Of the total amounts made
available to the State of Louisiana under this para-
graph:
"a) 70 percent shall be;provided directly to the
State in accordance with this subsection.
"(II) 30 percent shall be provided directly to
parishes in the coastal zone (as defined in section
304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453))of the State of Louisiana accord-
ing to the following weighted formula:
"(aa)40 percent based on the weighted av-
' erage of miles of the parish shoreline oiled.
"(bb)40 percent based on the weighted av-
erage of the population.of the parish.
I i
O:\CELICEL12723.xm1 (file 4 of 10] S.L.C.
191
"(cc) 20 percent based on the weighted av-
erage of the land mass,of the parish.
"(ii) CONDITIONS.—
"(I) LAND USE PLAN.As a condition of receiv-
ing amounts allocated under this paragraph, the
chief executive of the eligible parish shall certify to
the Governor of the State that the parish has com-
pleted a comprehensive land use plan.
"(II) OTHER CONDITIONS—.A coastal political
subdivision receiving funding under this para-
graph shall meet all of the conditions in subpara-
graph(E).
"(E) CONDITIONS.As a condition of receiving amounts
from the Trust Fund, a Gulf Coast iState, including the en-
tities described in subparagraph (F), or a coastal political
subdivision shall—
"(i) agree to meet such conditions, including audit
requirements, as the Secretary; of the Treasury deter-
mines necessary to ensure that amounts disbursed from
the Trust Fund will be used in accordance with this
subsection;
`(ii) 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—
"(I) is designed to restore and protect the nat-
ural resources, ecosystems,! fisheries, marine and
wildlife habitats, beaches, coastal wetlands, or
economy of the Gulf Coast;
(II) carries out 1 or more of the activities de-
scribed in clauses (i)and (ii) of!subparagraph B);
"(III) was selected based on meaningful input
from the public, including j broad-based participa-
tion from individuals, businesses, and nonprofit
organizations;and
"(1V) in the case of a natural resource protec-
tion or restoration project,; is based on the best
available science;
"(iii) certify that the project or.program and the
awarding of a contract for the expenditure of amounts
received under this paragraph are consistent with the
standard procurement rules and regulations governing
a comparable project or program in that State, includ-
ing all applicable competitive bidding and audit re-
quirements;and
`Yiu) develop and submit a multiyear implementa-
tion plan for the use of such amounts, which may in-
clude milestones, projected completion of each activity,
and a mechanism to evaluate th'e success of each activ-
ity in helping to restore and protect the Gulf Coast re-
gion impacted by the Deepwater Horizon oil spill.
"(F)APPROVAL BY STATE ENTITY,I TASK FORCE, OR AGEN-
CY,—The following Gulf Coast State l entities, task forces, or
agencies shall carry out the duties iof al Gulf Coast State
pursuant to this paragraph:
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192
"(i)ALAEAMA.—
"(I)IN GENERAL.—In the State of Alabama, the
Alabama Gulf Coast Recovery Council, which shall
be comprised of only the following:
"(aa) The Governor of Alabama, who shall
also serve as Chairperson and preside over the
meetings of the Alabama Gulf Coast Recovery
Ccil.
"(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 Coast Recovery Council in
the absence of the Chairperson.
"(cc) The Chairman of the Baldwin Coun-
ty Commission.
"(dd) The President of the Mobile County
Commission.
`Yee) The Mayor of the city of Bayou La
Batre:
`(ff)The Mayor of the town of Dauphin Is-
land.
"(gg)The Mayor of!the city of Fairhope.
"(hh) The Mayor of the city of Gulf Shores.
"(ii)The Mayor of the city of Mobile.
"(jj) The Mayor of the city of Orange
Beach.
"(II) VOTE.Each member of the Alabama
Gulf Coast Recovery Council shall be entitled to 1
vote.
"(III) MAJORITY voT&iii—All decisions of the
Alabama Gulf Coast Recovery i Council shall be
made by majority vote. '
"(IV) LIMITATION ON' ADMIMSTRATIVE EX-
PENSES.—Administrative duties for the Alabama
Gulf Coast Recovery Council may only be per-
formed by public officials and employees that are
subject to the ethics laws of the State of Alabama.
"(ii) LOUISIANA.-In the State 'Of Louisiana, the
Coastal Protection and Restoration Authority of Lou-
isiana. i
"(iii) MISSISSIPPI:In the State of Mississippi, the
Mississippi Department of Environmental Quality.
(iv) TEXAS.In the State of Texas, the Office of
the Governor or an appointee of the Office of the Gov-
ernor.
"(G) COMPLIANCE WITH ELIGIBLE ACTIVITIES.If the
Secretary of the Treasury determines that an expenditure
by a Gulf Coast State or coastal political subdivision of
amounts made available under this subsection does not
meet one of the activities described in clauses (i) and (ii) of
subparagraph B), the Secretary shall make no additional
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
O:10EL10EL12723.um1 [file 4 of 10] S.L.C.
193
`Yi) has been deposited by;the Gulf Coast State or
coastal political subdivision ini the Trust Fund;or
"(ii) has been authorized by the Secretary of the
Treasury for expenditure by the Gulf Coast State or
coastal political subdivision for a project or program
that meets the requirements of this subsection.
"(H) COMPLIANCE WITH CONDITIONS.If the Secretary
of the Treasury determines that a Gulf Coast State or coast-
al political subdivision does not Meet the requirements of
this paragraph, including the conditions of subparagraph
(E), where applicable, the Secretary of the Treasury shall
make no amounts from the TrusC Fund available to that
Gulf Coast State or coastal political subdivision until all
conditions of this paragraph are met.
"(I) PUBLIC INPUT.—In meeting any condition of this
paragraph,•a Gulf Coast State may:use an appropriate pro-
cedure for public consultation in that Gulf Coast State, in-
cluding consulting with one or more established task forces
or other entities, to develop recommendations for proposed
projects and programs that would restore and protect the
natural resources, ecosystems, fisheries, marine and wild-
life habitats, beaches, coastal wetlands, and economy of the
Gulf Coast.
YJ) PREVIOUSLY APPROVED PROJECTS AND PRO-
GRAMS.—A Gulf Coast State or coastal political subdivision
shall be considered to have met the conditions of subpara-
graph (E) for a specific project or,program if, before the
date of enactment of the Resources and Ecosystems Sus-
tainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012= '
"(i) the Gulf Coast State or coastal political sub-
division has established conditions for carrying out
projects and programs that are;substantively the same
as the conditions described in subparagraph (E); and
"(ii) the applicable project or program carries out
1 or more of the activities described in clauses (i) and
(ii)of subparagraph (B).
"(K) LOCAL PREFERENCE.--In awarding contracts to
carry out a project or program under this paragraph, a
Gulf Coast State or coastal political subdivision may give
a preference to individuals and companies that reside in,
are headquartered in, or are principally engaged in busi-
ness in the State of project execution:
"(L) UNUSED FUNDS.Funds allocated to a State or
coastal political subdivision under this paragraph shall re-
main in the Trust Fund until such time as the State or
coastal political subdivision develops and submits a plan
identifying uses for those funds in' accordance with sub-
parat^ra,�h (E)(iv).
►m) JUDICIAL REVIEW.—If the Secretary of the Treas-
ury determines that a Gulf Coast State or coastal political
subdivision 'does not meet the requirements of this para-
graph, including the conditions of'subparagraph (E), the
Gulf Coast State or coastal political subdivision may obtain
expedited judicial review within 90 days after that decision
I i
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O:10EL\CEL12723:am1 [file 4 of 10] S.L.C. •
194
in a district court of the United States,'of appropriate juris-
diction and venue, that is located'within the State seeking
the review...
"(N) COST-SHARING.—
"(i) IN GENERAL.A Gulf Coast State or coastal
political subdivision may use, in whole or in part,
amounts made available under this paragraph to that
Gulf Coast State or coastal political subdivision to sat-
isfy the non-Federal share of the cost of any project or
program authorized by Federal law that is an eligible
activity described in clauses (i) and (ii) of subpara-
graph B)..
"(ii) 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 in which other Federal funds are allocated or
awarded.
"(2) COUNCIL ESTABLISHMENT AND ALLOCATION.—
"(A)IN GENERAL.—Of the totat amount made available
in any fiscal year from the Trust Fund, ''30 percent shall be
disbursed to the Council to carry i out the Comprehensive
Plan. I
"(B)COUNCIL EXPENDITURES.—
ToIN GENERAL.In accordance with this para-
graph, the Council shall expend funds made available
from the Trust Fund to undertake)projects and pro-
grams, using the best available science that would re-
store and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches, coastal
wetlands, and economy of the Gulf Coast.
"(ii) ALLOCATION AND I EXPENDITURE PROCE-
DURES—The Secretary of the Treasury shall develop
such conditions, including audit requirements, as the
Secretary of the Treasury determines necessary to en-
sure that amounts disbursed from the Trust Fund to
the Council to implement the Comprehensive Plan will
be wain accordance with this.paragraph.
"(iii)ADMINISTRATIVE EXPENSES'-0f the amounts
received by the Council under this paragraph, not more
than 3,percent may be used for administrative ex-
penses, including staff
"(C) GULF COAST ECOSYSTEM RESTORATION COUNCIL.—
"a) ESTABLISHMENT.—There is established as an
independent entity in,the Federal Government a coun-
cil to be known as the 'Gulf Coast Ecosystem Restora-
tion Council:
"(ii) 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 Sec-
retary or the equivalent:
"(I) The Secretary of thelInterior.
"(li) The Secretary of the Army.
"(III) The Secretary of Commerce.
O:\CEL\CEL12723.xm1 [file 4 of 101 S.L.C.
195
"(IV) The Administrator of the Environmental
Protection Agency.
"(V) The Secretary of Agriculture.
"(VI) The head of the department in which the
Coast Guard is operating. i'
"(VII) The Governor of the State of Alabama.
"(VIII) The Governor of the'State of Florida.
"(DC The Governor of the State of Louisiana.
"(X) The Governor of the State of Mississippi.
"(XI) The Governor of the State of Texas.
"(iii) ALTERNATE—A Governor appointed to the
Council by the President may designate an alternate to
represent the Governor on the Council and vote on be-
half of the Governor.
"(iv) CHAIRPERSON.From among the Federal
agency members of the Council, the representatives of
States on the Council shall select, and the President
shall appoint, 1 Federal member to serve as Chair-
person of the Council.
"(v) PRESIDENTIAL APPOINTMENT.All Council
members shall be appointed by'the President.
"(iii) COUNCIL ACTIONS.--
"(I)IN GENERAL The following actions by the
Council shall require the iaffirmative vote of the
Chairperson and a majority of'the State members
to be effective:
"(aa) Approval of'a Comprehensive Plan
and future revisions to;a Comprehensive Plan.
`(bb)Approval of State,plans pursuant to
paragraph (3)(B)(iu).
"(cc)Approval of reports to Congress pur-
suant to clause(vii)(VII).
"(dd) Approval o transfers pursuant to
subparagraph (E)(ii) ):
"(ee) Other significant actions determined
by the Council.
"(II) QUORUM.— A majority of State members
shall be required to be present for the Council to
take anysignificant action.'
(I )" AFFIRMATIVE VOTE REQUIREMENT CON-
SIDERED MET.For approval of State plans pursu-
ant to paragraph (3)B)(iv), t e; certification by a
State member of the Council that the plan satisfies
all' requirements of clause's (i) and (ii) of para-
graph (3)(B), when joined by an laf firmative vote of
the Federal Chairperson of the I Council, shall be
considered to satisfy the requirements for affirma-
tive votes under subclause Q).
"(IV) PUBLIC TRANSPARENCY.-7—Appropriate ac-
tions of the Council, including significant actions
and associated deliberations, shall be made avail-
able to the public via electronic Means prior to any
vote.
"(vii)DUTIES OF COUNCIL-The,Council shall—
.
O:10EL10EL12723.sm] [file 4 of 10] S.L.C.
196
"(I) develop the Comprehensive Plan and fu-
ture revisions to the Comprehensive Plan;
tI I)identify as soon as practicable the projects
`Yaa) have been authorized prior to the
date of enactment of this subsection but not yet
commenced;and
`Ybb) if implemented quickly, would re-
store and protect the natural resources, eco-
systems, fisheries, marine and wildlife habi-
tats, beaches, barrier, islands, dunes, and
• coastal wetlands of the Gulf Coast region;
"QII) establish such other 1 or more advisory
committees as may be necessary to assist the Coun-
cil, including a scientific advisory committee and a
committee to advise the Council on public policy
issues;
"(IV) collect and consider scientific and other
research associated with restoration of the Gulf
Coast ecosystem, including research, observation,
and monitoring carried out pursuant to sections
1604 and 1606 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012;
"(V) develop standard terms to include in con-
tracts for projects and programs awarded pursu-
ant to the Comprehensive Plan that provide a ref-
erence to individuals and companies that reside in,
are headquartered in, or are principally engaged
in business in a Gulf Coast'State;
"(VI)prepare an integrated financial plan and
recommendations for coordinated budget requests
for'the amounts proposed to be expended by the
Federal agencies represented on the Council for
projects 'the
and programs in Gulf Coast States;
a "(VII) submit to Congress an annual report
that—
`Yaa) summarizes the policies, strategies,
plans, and activities for addressing the res-
toration and protection! of the Gulf Coast re-
gion;
"(bb) describes the projects and programs
'being implemented to restore and protect the
Gulf Coast region, including—
"(AA) a list of each project and pro-
• gram;
"(BB) an identification of the funding
provided to projects and programs identi-
fied in subitem(AA);
"(CC) an identification of each recipi-
' ent for funding identified in subitem (BB);
and"(DD) a description of the length of
time and funding needed to complete the
O:\CEL\CEL12723.x nl [file 4 of 101 S.L.C.
197
objectives of each project and program
identified in subitein(AA);
"(cc) makes such recommendations to Con-
gress for modifications 'of existing laws as the
Council determines necessary to implement the
Comprehensive Plan; i
`(dd)reports on the;progress on implemen-
tation of each project or program—
"(AA) after 3 years of ongoing activity
of the project or program, if applicable;
and
"(BB) on completion of the project or
program;
"(ee) includes the information required to
be submitted under section 1605(c)(4) of the
Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies
of the Gulf Coast States'Act of 2012;and
`(ll) submits the reports required under
item (dd)to— i
"(AA) the Committee on Science,
Space, and Technology, the Committee on
Natural Resources, the Committee on
Transportation and Infrastructure, and
the Committee on Appropriations of the
House of Representatives;and
"(BB) the Committee on Environment
and Public Works, the Committee on Com-
merce, Science, and Transportation, the
Committee on Energy 'and Natural Re-
sources, and the Committee on Appropria-
tions of the Senate.
"(viii) APPLICATION OF FEDERAL ADVISORY COM-
MITI'EE ACT.—The Council,or dny other advisory com-
mittee established under this subparagraph, shall not
be considered an advisory committee under the Federal
Advisory Committee Act(5 U.S.C.App.).
`(ix) SUNSET.—The authority for the Council, and
any other advisory committee established under this
subparagraph, shall terminate on the date all funds in
the Trust Fund have been expended.
"(D) COMPREHENSIVE PLAN.—
"(i)PROPOSED PLAN.—
"(I) IN GENERAL Not later than 180 days
after the date of enactment of the Resources and
Ecosystems Sustainability, ;Tourist Opportunities,
• and Revived Economies of!the Gulf Coast States
Act of 2012, the Chairperson, on behalf of the
Council and after appropriate public input, review,
and comment, shall publish a proposed plan to re-
store and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches,
and coastal wetlands of the!GulfCoast region.
"(II) INCLUSIONS.—The proposed
roposed plan de-
scribed in subclause (I) shall and incor-
• r
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198
porate the findings and in formation prepared by
the President's Gulf Coast Restoration Task Force.
"(ii)PUBLICATION.—
aa) INITIAL PLAN.— Not;later than 1 year after
the, date of enactment of the Resources and Eco-
systems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of
2012 and after notice and'opportunity for public
comment, the Chairperson,ion behalf of the Coun-
cil and after approval by the Council, shall pub-
lish in the Federal Register;the initial Comprehen-
sive Plan to restore and protect the natural re-
sources, ecosystems, fisheries, marine and wildlife
habitats, beaches, and coastal wetlands of the Gulf
Coast region.
"(II)COOPERATION WITH GULP COAST RESTORA-
TION TASK FORCE.—The Council shall develop the
initial Comprehensive Plan in close coordination
with the President's Gulf Coast,Restoration Task
Force.
"(III) CONSIDERATIONS.=In developing the ini-
tial Comprehensive Plan and subsequent updates,
the Council shall consider all relevant findings, re-
ports, or research prepared or funded under sec-
tion 1604 or 1605 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012.
"(IV) CONTENTS,—The'initial Comprehensive
Plan shall include—
"(aa) such provisions as are necessary to
fully incorporate in the Comprehensive Plan
the strategy, projects,' and programs rec-
ommended by the President's Gulf Coast Res-
toration Task Force;
"(bb) a list of any project or program au-
thorized prior to the date of enactment of this
subsection but not yet commenced, the comple-
tion of which would further the purposes and
goals of this subsection and of the Resources
and Ecosystems Sustainability, Tourist Oppor-
tunities, and Revived Economies of the Gulf
Coast States Act of 2012;
"(cc) a description of the.manner in which
amounts from the Trust Fund projected to be
made available to the l Council r the suc-
ceeding 10 years will be!allocated;and
"(dd) subject to available funding in ac-
cordance with clause (iii), a prioritized list of
specific projects and programs to be funded
and carrie out during;the 8-year period im-
mediately following the;date;of publication of
the initial Comprehensive Plan, including a
table that illustrates; the I distribution of
;projects and programs by j the Gulf Coast
State.
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199
"(V) PLAN UPDATES.-The Council shall up-
date—
"(aa) the Comprehensive Plan every 5
years in a manner comparable to the manner
established in this subparagraph for each 5-
year period for which amounts are expected to
be made available to the Gulf Coast States
from the Trust Fund;and
"(bb) the 3-year list of projects and pro-
grams described in subclause (IV)(dd) annu-
ally.
"
(ut) RESTORATION PRIORITIES.Except for
projects and programs described in clause (ii)(IV)(bb),
in selecting projects and programs to include on the 3-
year list described in clause (ii)(IV)(dd), based on the
best available science, the Council' shall give highest
priority to projects that address 1 or more of the fol-
lowing criteria:
"Q) Projects that are projected to make the
greatest contribution to restoring and protecting
the natural resources, ecosystems,fisheries, marine
and wildlife habitats, beaches; and coastal wet-
lands of the Gulf Coast region; without regard to
geograpphic location within the Gulf Coast region.
"(II) Large-scale projects and programs that
are projected to substantially contribute to restor-
ing and protecting the natural resources, eco-
systems, fsheries, marine and wildlife habitats,
beaches, and coastal wetlands of the Gulf Coast
ecosystem.
`(III) Projects contained in existing Gulf Coast
State comprehensive plans'for the restoration and
protection of natural resources, ecosystems, fish-
eries, marine and wildlife;habitats, beaches, and
coastal wetlands of the Gulf Coast region.
`(IV) Projects that restore long-term resiliency
of the natural resources, ecosystems, fisheries, ma-
rine and wildlife habitats, beaches, and coastal
wetlands most impacted by the Deepwater Horizon
oil spill.
`(E)IMPLEMENTATION.—
`(i)IN GENERAL—The Council, acting through the
Federal agencies represented on the Council and Gulf
Coast States, shall expend funds made available from
the Trust Fund to carry out projects and programs
adopted in the Comprehensive Plan.
"(ii)ADMINISTRATIVE RESPONSIBILITY.--
"(I) IN GENERAL Primary authority and re-
sponsibility 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 Federal agency.
"(II) TRANSFER of AMOUNTS.—Amounts nec-
essary to carry out each project or program in-
cluded in the Comprehensive Plan shall be trans-
,
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200
ferred by the Secretary of the Treasury from the
Trust Fund to that Federal agency or Gulf Coast
State as the project or program is implemented,
subject to such conditions'as the Secretary of the
Treasury, in consultation with the Secretary of the
Interior and the Secretary of Commerce, estab-
lished pursuant to section 1602 of the Resources
and Ecosystems Sustainability,'Tourist Opportuni-
ties, and Revived Economies lof the Gulf Coast
States Act of 2012.
"(III)LIMITATION ON TRANSFERS.—
"(aa) GRANTS TO NONGOVERNMENTAL EN-
TTIIES.—In the case of funds transferred to a
Federal or State agency under subclause
the agency shall not make 1 or more grants or
cooperative agreements to a nongovernmental
entity if the total amount provided to the enti-
ty would equal or exceed 10 percent of the total
amount provided to the agency for that par-
ticular project or program, unless the 1 or
more grunts have been reported in accordance
with item (bb).
"(bb) REPORTING OF GRANTEES.—At least
30 daye prior to making a grant or entering
into a cooperative agreement described in item
(aa), the name of each grantee, including the
amount and purpose of each grant or coopera-
tive agreement, shall be published in the Fed-
eral Register and delivered to the congres-
sional committees listed in subparagraph
(C)(vii)(V71)(ft).
"(cc) ANNUAL REPORTING OF GRANTEES.—
Annually, the name of'each' ntee, including
the amount and purposes ofeach grant or co-
operative agreement, shall be published in the
Federal Register and delivered to Congress as
part of the report submitted pursuant to sub-
paragraph (C)(viiJNll).
"(IV) PROJECT AND PROGRAM LIMITATION.—
The Council, a Federal agency, or a State may not
carry out a project or program funded under this
paragraph outside of the Gulf Coast region.
"(F) COORDINATION.—The Council!and the Federal
members of the Council may develop memoranda of under-
standing establishing integrated funding and implementa-
tion plans among the member agencies and authorities.
"(3) OIL SPILL RESTORATION IMPACT ALLOCA770N.—
"(A)IN IGENERAL.—
"(i), DISBURSEMENT.—Of the total amount made
available from the 7'rust Fund, 30 percent shall be dis-
bursed',pursuant to the formula in'clause (ii) to the
Gulf Coast States on the approval of i he plan described
in subparagraph(B)(i).
"(ii) FORMULA.—Subject to subparagraph B), for
each Gulf Coast State, the amount disbursed under
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201
this paragraph shall be based on a formula established
by the Council by regulation that is based on a weight-
ed average of the following criteria:
"(I) 40 percent based on the proportionate
number of miles of shoreline in each Gulf Coast
State that experienced oiling on or before April 10,
2011, compared to the total number of miles of
shoreline that experienced oiling as a result of the
Deepwater Horizon oil spill.
"(II) 40 percent based; on the inverse propor-
tion of the average distance from the mobile off-
shore drilling unit Deepwater Horizon at the time
of the explosion to the nearest and farthest point of
the shoreline that experienced oiling of each Gulf
Coast State.
"QII) 20 percent based on the average popu-
lation in the 2010 decennial census of coastal
counties bordering the Gulf of Mexico within each
Gulf Coast State.
"(iii) MINIMUM ALLOCATION.--The amount dis-
bursed to a Gulf Coast State for each fiscal year under
clause (ii) shall be at least 5 percent of the total
amounts made available under this paragraph.
"(B)DISBURSEMENT OF FUNDS.-
"(i) IN GENERAL,—The Council shall disburse
amounts to the respective Gulf;Coast States in accord-
ance with the formula developed under subparagraph
(A)for Projects, programs, and l activities that will im-
prove the ecosystems or economy of the Gulf Coast re-
gion, subject to the condition'that each Gulf Coast
State submits a plan for the expenditure of amounts
disbursed under this paragraph that meets the fol-
lowing criteria:
"(I) All projects, programs, and activities in-
cluded in the plan are eligible activities pursuant
to clauses(i)and(ii)of paragraph(1)(B).
"(II) The projects, programs, and activities in-
cluded in the plan contribute to the overall eco-
nomic and ecological recovery of the Gulf Coast.
"(Im) The plan takes into ;consideration the
Comprehensive Plan and is consistent with the
goals and objectives of the;Plan, as described in
paragraph (2)(13)(i).
"(ii)FUNDING.—
"(I) IN GENERAL.Except as provided in sub-
clause (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(VI)and(VII)of paragraph(1)(B)(i).
"(II) EXCEPTION.—The, plan described in
clause(i)may propose to use more than 25 percent
of the funding made available for infrastructure
projects eligible under subclauses (VI) and (VII) of
paragraph(1)B)(i) if the plan certifies that—
.
O:10EL\CEL12723.xml [file 4 of 10] ! S.L.C.
202
"(aa) ecosystem restoration needs in the
State will be addressed by the projects in the
proposed plan;and
"(bb) additional investment in infrastruc-
ture is required to mitigate the impacts of the
Deepwater Horizon Oil Spill to the ecosystem
or economy.
DEVELOPMENT.—The plan described in clause
(i)shall be developed by— ^ —
"(I) in the State of Alabama, the Alabama
Gulf Coast Recovery Council established under
paragraph(1)(F)(i);
"(II) in the State of Florida, a co ortia o
local political subdivisionsithat inclu es at a min-
imum 1 representative of each affected county;
(III) in the State of Louisiana, the Coastal
Protection and Restoration!Authority of Louisiana;
"(IV) in the State of Mississippi, the Office of
the Governor or an appointee of the Office of the
Governor;and
"(V) in the State of Texas, the Office f ce of the
Governor or an appointee of the Office of the Gov-
. ernor.
"(iv) APPROVAL.—Not laterjthan 60 days after the
date on which a plan is submitted under clause (i), the
Council shall approve or disapprove'.the plan based on
the conditions of clause(i).
"(C) DISAPPROVAL—If the Council disapproves a plan
pursuant to subparagraph (B)(iv), the Council shall—
and"(i).provide the reasons for disapproval in writing;
"(ii) consult with the State to address any identi-
fied deficiencies with the State plan.
"(D) FAILURE TO SUBMIT ADEQUATE PLAN—If a State
fails to submit an adequate plan under this paragraph, any
funds made available under this paragraph shall remain
in the Trust Fund until such date as a plan is submitted
and approved pursuant to this paragraph.
"(E) JUDICIAL REVIEW.If the Council fails to approve
or take action within 60 days on a plan, as described in
subparagraph (B)(iv), the State may obtain expedited judi-
cial 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 the review.
"(F) COST-SHARINO.—
"(i),IN GENERAL.- A Gulf Coast State or coastal
political subdivision may use,!in whole or in part,
amounts made available to that Golf Coast State or
coastal political subdivision under this paragraph to
satisfy the non-Federal share of any project or program
that—
;"(I)is authorized by other Federal law;and
1"(II) is an eligible activity described in clause
(i)or(ii)of paragraph(1)(B).
1
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203
"(ii) EFFECT ON OTHER FUNDS.—The use of funds
made available from the Trust Fund under this.para-
graph to satisfy the non-Federal share of the cost of a
project or program described in clause (a) shall not af-
fect the priority in which other Federal funds are allo-
cated or awarded.
`(4)AUTHORIZATION OF INTEREST TRANSFERS.—Of the total
amount made available for any fiscal year from the Trust Fund
that is equal to the interest earned by the Trust Fund and pro-
ceeds from investments made by the Trust Fund in the pre-
ceding fiscal year—
.
TA)60 percent shall be divided;equally between—
`a) the Gulf Coast Ecosystem Restoration Science,
Observation, Monitoring, and Technology program au-
thorized in section 1604 of the Resources and Eco-
systems Sustainability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast States Act of 2012;
and
"(ii) the centers of excellence research grants au-
thorized in section 1605 of that Act;and
"B) 50 percent shall be made available to the Gulf
Coast Ecosystem Restoration Council to carry out the Com-
prehensive Plan pursuant to paragraph (2).".
SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSER-
VATION,MONITORING,AND TECHNOLOGY PROGRAM.
(a)DEFINITIONS.In this section:
(1) ADMINISTRATOR.—The term "Administrator" means the
Administrator of the National Oceanic and Atmospheric Ad-
ministration.
(2) COMMISSION.—The term "Commission" means the Gulf
States Marine Fisheries Commission.
(3) DIRECTOR—The term "Director' means the Director of
the United States Fish and Wildlife Service.
(4) PROGRAM—The term "program'] means the Gulf Coast
Ecosystem Restoration Science, Observation,, Monitoring, and
Technology program established under this section.
(b)ESTABLISHMENT OF PROGRAM. 11
—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Administrator, in'consultation with
the Director, shall establish the Gulf Coast Ecosystem Restore- •
tion Science, Observation, Monitoring, and Technology program
to carry out research, observation, and monitoring to support,
to the maximum extent practicable, the long-term sustainability
of the ecosystem, fish stocks, fish habitat, and the recreational,
commercial, and charter fishing industry in the Gulf of Mexico.
(2)ExPENDITURE OF FUNDS.For each fiscal year, amounts
made available to carry out this subsection may be expended
for, with respect to the Gulf of Mexico—
(A)marine and estuarine research;
(B) marine and estuarine ecosystem monitoring and
ocean observation;
(C)data collection and stock assessments;
(D)pilot programs for—
(i)fishery independent data;i and
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204
(ii) reduction of exploitation of'spawning aggrega-
tions;and
(E)cooperative research.
(3) COOPERATION WITH THE COMMISSION.For each fiscal
year, amounts made available to carry out this subsection may
be transferred to the Commission to establish a fisheries moni-
toring and research program, with,respect to'the Gulf of Mexico.
(4) CONSULTATION.—The Administrator and the Director
shall consult with the Regional Gulf of Mexico Fishery Manage-
ment Council and the Commission in carrying out the program.
(c) SPECIES INCLUDED.The research, monitoring, assessment,
• and programs eligible for amounts made available under the pro-
gram shall include all marine, estuarine, aquaculture, and fish spe-
cies in State and Federal waters of the Gulf of Mexico.
(d) RESEARCH PRIORITIES.In distributing funding under this
subsection, priority shall be given to integrated, long-term projects
that—
(1) build on, or are coordinated with, related research ac-
tivities;and
(2) address current or anticipated!marine ecosystem, fish-
ery,or wildlife management information needs.
(e) DUPLICATION.In carrying out this section, the Adminis-
trator, in consultation with the Director, shall seek to avoid duplica-
tion of other research and monitoring activities.
(f) COORDINATION WITH OTHER PROGRAMS.—The Adminis-
trator, in consultation with the Director,shall develop a plan for the
coordination of projects and activities between the program and
other existing Federal and State science and!technology programs in
the States of Alabama, Florida, Louisiana, 'Mississippi, and Texas,
as well as between the centers of excellence.
(g)LIMITATION ON EXPENDITURES.—
(1) IN GENERAL.—Not more than 3 percent of funds pro-
vided in subsection (h) shall be used',for administrative ex-
penses.
(2) NOAA.—The funds provided in i subsection (h) may not
be used—
(A)for any existing or planned'research led by the Na-
tional Oceanic and Atmospheric Administration, unless
agreed to in writing by the grant recipient;
(23) to implement existing regulations or initiate new
regulations i promulgated or proposed by!the National Oce-
anic and Atmospheric Administration;or
(C)to develop or approve a new;limited access privilege
program (as that term is used in section 303A of the Mag-
nuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1853a))for any fishery under the jurisdiction of
the South.Atlantic, Mid-Atlantic, New England, or Gulf of
Mexico Fishery Management Councils.
(h) FUNDING.-Of the total amount made available for each fis
cal year for the Gulf Coast Restoration Truse Fund established
under section 1602,'2.5 percent shall be available to carry out the
program.
(i) SUNSET.—The program shall cease operations when all
funds in the. Gulf Coast Restoration Trust Fund established under
section 1602 have been expended.
f I
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205
II
SEC.1605.CENTERS OP EXCELLENCE RESEARCH GRANTS.
(a)IN GENERAL.—Of the total amount Made available for each
fiscal year from the,Gulf Coast Restoration Trust Fund established
under section 1602, 2.5 percent shall be made available to the Gulf
Coast States (as defined in section 311(a) of the Federal Water Pol-
lution Control Act (as added by section 1603 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the lGulf Coast States Act of 2012)), in equal shares,
exclusively for grants in accordance with subsection (c) to establish
centers of excellence to conduct research only on the Gulf Coast Re-
gion (as defined in section 311 of the Federal Water Pollution Con-
trol Act(33. U.S.C. 1321)).
(b)APPROVAL I BY STATE ENTITY, TASK FORCE, OR AGENCY The
duties of a Gulf Coast State under this section shall be carried out
by the applicable Gulf Coast State entities, task forces, or agencies
listed in section 311(t)(1)(F) of the Federal Water Pollution Control
Act (as added by section 1603 of the Resources and Ecosystems Sue-
tainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast StatesjAct of 2012), and for the State of Florida, a con-
sortium of public and private research institution's within the State,
which shall include the Florida Department;of Environmental Pro-
tection and the Florida Fish and Wildlife;Conservation Commis-
sion,for that Gulf Coast State.
—(c) GRANTS.
(1)IN GENERAL.--A Gulf Coast State shall use the amounts
made available,to carry out this section to award competitive
grants to nongovernmental entities and consortia in the Gulf
Coast region (including public and private institutions of high-
er education)pi.the establishment of centers of excellence as de-
scribed in subsection (d).
(2) APPLICATION.—To be eligible to;receive a grant under
this subsection,'an entity or consortium described in paragraph
(1) shall submit to a Gulf Coast State an application at such
time, in such I manner, and containing such information as the
Gulf Coast State determines to be appropriate.
(3)PRIORITY In awarding grants under this subsection, a
Gulf Coast State shall give priority to!entities and consortia
that demonstrate the abity to establish;the broadest cross-sec-
tion of participants with interest and expertise in any discipline
described in subsection (d) on which the proposal of the center
of excellence will be focused.
(4)REPORTING.—
(A) IN GENERAL.—Each Gulf Coast State shall provide
annually 'to;the Gulf Coast Ecosystem Restoration Council
established under section 311(t)(2)(C) of the Federal Water
Pollution 1Control Act (as added by section 1603 of the Re-
sources and Ecosystems
stems Sustainability, Tourist Opportuni-
ties, and !Revived of the I Gulf Coast States Act
of 2012) information regarding all grants, including the
amount, discipline or disciplines, ;and recipients of the
grants, and in the case of any grant awarded to a consor-
tium, the Membership of the consortium.
(13)INCLUSION.—The Gulf Coast',Ecosystem Restoration
Council shall include the information received under sub-
paragraph (A) in the annual report to; Congress of the
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206
Council required under section 311(t)(2)(C)(vii)(VII) of the
Federal Water Pollution Control Act (as added by section
1603 of the Resources and Ecosystems Sustainability, Tour-
ist Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012).
(d) DISCIPLINES.Each center of excellence shall focus on
science, technology, and monitoring in at least,1 of the following
disciplines:
(1) Coastal and deltaic sustainability, restoration and pro-
tection, including solutions and technology that allow citizens
to live in a safe and sustainable manner in a coastal delta in
the Gulf Coast Region.
(2) Coastal fisheries and wildlife ecosystem research and
monitoring in the Gulf Coast Region. '
(3) Offshore energy development, including research and
technology to improve the sustainable and safe development of
energy resources in the Gulf of Mexico.
(4) Sustainable and resilient growth, economic and com-
mercial development in the Gulf Coast Region.
(5) Comprehensive observation, monitoring, and mapping
of the Gulf of Mexico.
SEC.1606.EFFECT.
(a) DEFINmTION OF DEEPWATER HORIZON Om SPILL In this
section, the term `Deepwater Horizon oil spill", has the meaning
given the term in section 311(a) of the Federal Water Pollution Con-
trol Act(33 U.S.C. 1321(a)).
(b) EFFECT AND APPLICATION Nothing in this subtitle or any
amendment made by this subtitle—
(1) supersedes or otherwise affects;any other provision of
Federal law, including, in particular, laws;providing recovery
for injury to natural resources under the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.) and laws for the protection of
public health and the environment;or ,
(2) applies,to any fine collected under section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) for any
incident other than the Deepwater Horizon oil spill.
(c) USE OF FUNDS.Funds made available'under this subtitle
may be used only for eligible activities specifically authorized by
this subtitle and the amendments made by this subtitle.
SEC.1607.RESTORATION AND PROTECTION ACTIVITY LIMITATIONS.
(a) WILLING SELLER Fuds n made available under this sub-
title may only be used to acquire land or interests in land by pur-
chase, exchange, or donation from a willing 'seller.
(b) ACQUISITION OF FEDERAL LAND.None of the funds made
available under this subtitle may be used to'acquire land in fee title
by the Federal Government unless—
(1)the land is acquired by exchange or donation;or
(2) the acquisition is necessary for the restoration and pro-
tection of the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, and coastal wetlands of the Gulf
Coast region and has the concurrence;of the Governor of the
State in which the acquisition will take place.
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207
SEC.1608.INSPECTOR GENERAL.
The Office of the Inspector General of ithe Department of the
Treasury shall have authority to conduct, supervise, and coordinate
audits and investigations of projects, programs, and activities fund-
ed under this subtitle and the amendments made by this subtitle.
TITLE II AMERICA FAST FORWARD
FINANCING INNOVATION
SEC.2001.SHORT TITLE.
This title may be cited as the "America Fast Forward Financing
Innovation Act of 2012".
SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNO-
VATION ACT OF 1998 AMENDMENTS.
Sections 601 through 609 of title 23, United States Code, are
amended to read as follows:
"§601. Generally applicable provisions
"(a) DEFINITIONS.In this chapter, the following definitions
apply:
"(1) CONTINGENT COMMITMENT.—The term 'contingent com-
mitment'means a commitment to obligate an amount from fu-
ture available budget authority that is—!
"(A)contingent on those funds being,made available in
law at a future date;and
"B)not an obligation of the Federal Government.
"(2) ELIGIBLE PROJECT COSTS.—The term 'eligible project
costs'means amounts substantially all of which are paid by, or
for the account;of, an obligor in connection with a project, in-
cluding the cost!of—
"(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental re-
view,permitting,preliminary engineering and design work,
and other preconstruction activities;
"(B) construction, reconstruction, rehabilitation, re-
placement, and acquisition of real property (including land
relating to the project and improvements'to land), environ-
mental mitigation, construction contingencies, and acquisi-
tion of equipment;and
"(C) capitalized interest necessary to meet market re-
quirements,; reasonably required reserve funds, capital
issuance expenses, and other carrying costs during con-
struction.
"(3) FEDERAL CREDIT INSTRUMENT.—The term Federal
credit instrument'means a secured loan,'1oan;guarantee, or line
of credit authorized to be made available under this chapter
with respect to a project.
"(4) INVESTMENT-GRADE RATING.The term 'investment-
grade rating'means a rating of BBB minus, Baa3, bbb minus,
BBB (low), or higher assigned by a rating agency to project ob-
ligations.
"(5) LENDER.—The term 'lender' means, any non-Federal
qualified institutional buyer (as defined;in section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor regu-
1
7.
PowerPoint Presentation
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(Florida Association of Counties)
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Sustainability,
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Gulf Coast Restoration Trust Fund
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Section-1602
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• Establishes Gulf Coast Restoration Trust Fund -
• Transfers Eighty (80%) percent Y.e �x � s
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Administrative and civil penalties . ,,rt
Expenditure for prescribed purposes and eligible activities
—• No time constraints on expenditures h
• U. S Treasury (Interior & Commerce) — 180 days r
— Develop policies and procedures A
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— Develop oversight (auditing) requirements
— Develop identification and allocation of funds fr
• *Allocation formulas x
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Water Pollution Act
• "Coastal Political Subdivision" — any local political
subdivision that is immediately below the state, L4
including a county, parish or borough, with acoastl•
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Mexico
• DeepWater Horizon Oil Spill — blow and explosion of the p
mobile offshore drilling unit Deepwater Horizon on
April 20, 2010
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Gulf Coast Natural Resources RestoratiOn and Economic
• Gulf Coast Region —
— Gulf'Coast States (Alabama, Florida. Louisiana, Mississippi and TeX,
— The coastal zones (defined in Section 304 of the, Coastal Zone
Management Act of 1972) except that in this section includes land :
within the coastal zones that is held in turst or Use by the federal:,
government, that border the Gulf of Mexico
— Any adjacent land, water, and watersheds, that are within 25 miles of
the coastal zones
All federal waters in the Gulf of Mexico
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— Advisory Committees
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— Proposed (180 days)
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• Coastal Zone Management Plans
— Initial (360 days)
• Approval of State Plans
— Oil Impact Allocation (30%)
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Eligible Uses of Funds
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• Mitigation of natural resources
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coastal, or conservation management plan
• Workforce development and job creation
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ecological resources (ports)
• Coastal flood protection
• Planning assistance
• Administrative Costs
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— Marine Research �- � `
— Marine Monitoring - r• `• -
Data Collection and Stock Assessments r .
— Pilot Programs
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7/19/2012 14
I
SUPPLEMENTAL BACK-UP
COUNTY ATTORNEY ITEM P-7 BOCC 9/21/12
RE: INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE GULF CONSORTIUM
EXECUTION COPY OF ILA
Received 9/20/12
(Replaces NGN Draft No. 5 9/13/12)
EXECUTION COPY
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
Dated as of September 19, 2012
' I
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
SECTION 1.01. DEFINITIONS. 4
ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. 6
SECTION 2.02. PURPOSES. 6
SECTION 2.03. CONSORTIUM MEMBERS. 7
SECTION 2.04. DURATION OF CONSORTIUM. 7
ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01. MEMBERSHIP. 8
SECTION 3.02. REPRESENTATION. 8
SECTION 3.03. ACTION. 9
SECTION 3.04. ELECTION OF OFFICERS. 9
SECTION 3.05. AUTHORITY OF OFFICERS. 9
SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR. 10
SECTION 3.07. MEETINGS. 10
SECTION 3.08. WITHDRAWAL OR DISMISSAL OF CONSORTIUM
MEMBERS. 11
SECTION 3.09. EXPENSES. 11
SECTION 3.10. LIABILITY. 11
SECTION 3.11. EXECUTIVE COMMITTEE. 11
SECTION 3.12. PRINCIPAL PLACE OF BUSINESS. 12
i
ARTICLE IV
POWERS AND DUTIES
SECTION 4.01. POWERS. 13
SECTION 4.02. ANNUAL BUDGET. 16
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. 16
ARTICLE V
MISCELLANEOUS
SECTION 5.01. DELEGATION OF DUTY. 17
SECTION 5.02. FILING. 17
SECTION 5.03. IMMUNITY. 17
SECTION 5.04. LIMITED LIABILITY. 18
SECTION 5.05. AMENDMENTS. 18
SECTION 5.06. SEVERABILITY. 18
SECTION 5.07. CONTROLLING LAW. 18
SECTION 5.08. EFFECTIVE DATE. 18
ii
. •
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
THIS INTERLOCAL AGREEMENT, dated as of September 19, 2012
(the "Interlocal Agreement"), is jointly entered into by the counties which are
signatory hereto (collectively, the "Consortium Members"), each of which are
political subdivisions or other government agencies of the State of Florida and
constitute a "public agency" as that term is defined by Part I of Chapter 163,
Florida Statutes (the "Interlocal Act"), and such other public agencies as are added
as additional Consortium Members as provided in Section 3.01 hereof.
WITNESSETH:
WHEREAS, each of the initial Consortium Members are political
subdivisions of the State of Florida and have all powers of self-government
pursuant to their •home rule powers and express grants of authority provided by
general law, including, but not limited to, those powers granted under Chapter 125,
Florida Statutes; and
WHEREAS, all Consortium Members are public agencies of the State of
Florida, within the meaning of Part I of Chapter 163, Florida Statutes (the
"Interlocal Act"); and
WHEREAS, the Consortium Members, as public agencies under the
Interlocal Act, may enter into interlocal agreements with each other to jointly
exercise any power, privilege or authority which such Consortium Members share
in common and which each might exercise separately. The joint exercise of this
authority permits the Consortium Members to make the most efficient use of their
powers by enabling them to cooperate on the basis of mutual benefit and, pursuant
to this authority, to form a governmental entity that will best serve the needs of
such Consortium Members and their citizens; and
WHEREAS, the Interlocal Act authorizes the Consortium Members to enter
into an interlocal agreement for the purposes of creating a separate legal entity for
the purpose of the joint exercise of the common powers of the Consortium
Members; and
1
,
WHEREAS, the United States Congress approved, and the President signed
into law, the Resources and Ecosystems Sustainabilty, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of 2012 (the "RESTORE Act"),
which established potential funding sources for ,various purposes which will
enhance and benefit the Gulf Coast area. Such:funding sources are to be derived
from administrative and civil penalties from responsible parties in connection with
the explosion on and sinking of the mobile 'offshore drilling unit Deepwater
Horizon; and
WHEREAS, the initial Consortium Members are counties which were
impacted by the Deepwater Horizon event and the provisions of the RESTORE
Act are applicable to it; and
WHEREAS, under the provisions of the RESTORE Act, a Trust Fund (the
"Trust Fund") is established through which funding is available for various
projects, improvements, development and environmental mitigation within the
Gulf Coast regions; and
WHEREAS, the Consortium Members have determined that it is in their
best interests to create a legal entity to join together for the purposes of
implementing the consortia of local political subdivisions contemplated by the
RESTORE Act, for the purposes of the development of the plan for the
expenditure of the oil spill restoration impact allocation and to jointly serve the
interests of the Consortium Members; and
WHEREAS, the Consortium Members seek to jointly exercise their power
to consider and promote proposals to be funded through the Trust Fund and to seek
on behalf of the Consortium and its members, the funding of eligible projects
within their respective areas; and
WHEREAS, the Consortium Members seek to join together to arrive at
mutually beneficial projects, programs and improvements which will enhance the
ecosystems and economy of the Consortium Members and to collectively fulfill
their responsibilities under the RESTORE Act to' develop a plan for expenditure of
certain funds within the Trust Fund.
NOW, THEREFORE, in consideration i of the foregoing, it is mutually
agreed by and among the Consortium Members that now or may hereafter execute
this Interlocal Agreement, that the "Gulf Consortium;" is a legal entity, public body
and a unit of local government with all of the, privileges, benefits, powers and
2
terms of the hereinafter defined Act and this Interlocal Agreement, and is hereby
created for the purposes described herein.
3
ARTICLE I
DEFINITIONS ;
SECTION 1.01. DEFINITIONS. The following definitions shall govern
the interpretation of this Interlocal Agreement:
"Act" shall mean, with respect to Consortium Members that are Affected
Counties, the "Home Rule" powers and all provisions of general law granting
powers and authority to each such Consortium Member, including, but not limited
to, Chapter 125, Florida Statutes, the Interlocal Act, and other applicable
provisions of law, and to other Consortium Members, all provisions of general law
granting powers and authority to such Consortium Member, including the
Interlocal Act.
"Affected County" shall mean any of the 23 Florida counties with frontage
on the Gulf of Mexico.
"Consortium Members" shall mean the member or members of the
Consortium, from time to time, as shall be provided for by this Interlocal
Agreement.
"Board" shall mean the governing board' of the Consortium, consisting of
the Directors appointed hereunder.
"Consortium" shall mean the Gulf Consortium, a legal entity and public
body, created pursuant to the provisions of the Interlocal Act and by this Interlocal
Agreement.
"Director" shall mean that individual appointed by each Consortium
Member in accordance with the provisions hereof to serve as part of the Board.
"Fiscal Year" shall mean the period commencing on October 1 of each year
and continuing through the next succeeding September 30, or such other period as
may be determined by the Board.
"Manager" shall mean the individual or entity selected and engaged by the
Board to provide administrative functions of the Consortium.
"Interlocal Act" shall mean Part I of Chapter 163, Florida Statutes.
4
"Interlocal Agreement" shall mean this Interlocal Agreement, including
any amendments or supplements hereto, executed arid delivered in accordance with
the terms hereof.
"Public Agencies" shall mean any "public agency", as that term is defined
by the Interlocal Act.
"RESTORE Act" shall have the meaning set forth in the preambles hereof.
"State" shall mean the State of Florida.
Whenever any words are used in this Interlocal Agreement in the masculine
gender, they shall be construed as though they were also used in the feminine or
neuter gender in all situations where they would so apply, and whenever any words
are used in this Interlocal Agreement in the singular form, they shall be construed
as though they were also used in the plural form in all situations where they would
so apply.
5
ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. The Consortium Members hereby jointly
create and establish the "Gulf Consortium", a legal entity and public body and a
unit of local government, with all of the privileges, benefits, powers and terms
provided for herein and by the Act.
SECTION 2.02. PURPOSES.
(A) The purpose of this Interlocal Agreement is for the establishment of
the Consortium, which will serve as the consortia or establish the consortia of local
political subdivisions as contemplated by the RESTORE Act for those counties
which are members of the Consortium. The Consortium is intended to assist in or
be responsible for, as determined by the Board:
(1) the development of the plan for the expenditure of the Oil Spill
Restoration Impact Allocation required by the RESTORE Act;
(2) the preparation and processing of applications or proposals for
funding under the competitive program to be processed and administered by the
Gulf Coast Ecosystem Restoration Council;
(3) acting as a resource for Consortium Members, to the extent
requested by that Member, in the planning, administration and expenditure of that
Member's share or portion thereof provided directly to the disproportionately and
nondisproportionately impacted counties pursuant to the RESTORE Act upon such
terms and conditions agreed to by that Consortium Member and at the sole expense
of that Consortium Member; provided, that nothing contained herein is intended to
impact the amount or timing, of any such distribution provided directly to the
disproportionately and nondisproportionately impacted counties;
(4) acting as a resource in the obtaining of additional funding for
programs through other available revenue sources, including, but not limited to,
those available for the Natural Resource Damage Assessment (NRDA);
6
(5) acting as an advocate and representing the Consortium
Members in the development of federal rules relating to the implementation of the
RESTORE Act; and
(6) acting as an advocate for the. Consortium Members with
executive agencies, the Florida Legislature and the United States government.
(B) It is determined that the creation and organization of the Consortium
and the fulfillment of its objectives serves a public purpose, and is in all respects
for the benefit of the people of the State, Consortium Members, affected Public
Agencies and their citizens.
(C) It is determined that the Consortium is performing an essential
governmental function. All property of the Consortium is and shall in all respects
be considered to be public property, and the title to such property, to the extent
required, shall be held by the Consortium for the benefit of the public. The use of
such property shall be considered to serve a public purpose, until disposed of upon
such terms as the Consortium may deem appropriate.
SECTION 2.03. CONSORTIUM MEMBERS. The Consortium
Members shall consist of those Public Agencies set forth below or joined as
provided in Article III.
SECTION 2.04. DURATION OF CONSORTIUM. The Consortium
shall be in perpetual existence until the earlier of the following occurs:
(A) all revenue within the Trust Fund created pursuant to the RESTORE
Act is expended and the program established by the RESTORE Act is dissolved; or
(B) the Consortium is dissolved by the majority vote of its Board.
7
• - •
ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01. MEMBERSHIP.
(A) Membership in the Consortium shall consist of Public Agencies that
approve this Interlocal Agreement pursuant to Article III.
(B) The initial Consortium Members shall on the date hereof consist of
those counties approving this Interlocal Agreement prior to October 19, 2012.
(C) To the extent permitted by the Interlocal Act and the RESTORE Act,
the Consortium may admit any additional Public Agency to membership upon
application of such Public Agency, the approval of this Interlocal Agreement by
that Public Agency, and the affirmative vote of the majority of all Directors at a
duly called meeting of the Board of the Consortium; provided, that any Affected
County shall automatically be admitted to membership upon application thereof.
This Interlocal Agreement need not be amended in order to admit any Public
Agency as a Member of the Consortium; however, any new Consortium Member
which is not an Affected County shall be required to evidence its approval of any
conditions imposed on its membership by the existing Directors of the Consortium.
Approval of the governing bodies of each existing Consortium Member shall not
be required for the purpose of admitting a new Consortium Member.
(D) As a precondition to membership in the Consortium, each Consortium
Member shall constitute a Florida municipality, county or such other Public
Agency which is permitted. by the Interlocal Act to be a member of the
Consortium. Such new Consortium Member shall execute, deliver and record a
duly authorized counterpart to this Interlocal Agreement, as it exists at the time of
its approval.
SECTION 3.02. REPRESENTATION.
(A) Each Consortium; Member shall appoint one Director to act as its
representative on the Board. 'Each Director shall be an individual who shall be
appointed specifically by name or by position., The Consortium Member shall
notify the Manager and the Chairman in writing'as to the individual designated as
their Director.
8
(B) Directors may be an elected official, appointed official, employee or
other designee of a Consortium Member.
SECTION 3.03. ACTION.
(A) The affairs, actions and duties of the Consortium shall be undertaken at
a duly called meeting pursuant to Section 3.07 hereof.
(B) At any meeting of the Consortium at which any official action is to be
taken, a majority of all Directors shall constitute a quorum. A majority vote of a
quorum of the Directors present at a duly called Imeeting shall constitute an act of
the Consortium, except as otherwise provided herein. Except as may be
established by the Board with respect to any new Consortium Member which is not
an Affected County, each Director is entitled to cast one vote.
(C) A certificate, resolution or instrument authorized by the Board and
signed by the Chairman, Vice-Chairman or such other person of the Consortium as
may hereafter be designated and authorized by the Board, shall be evidence of the
action of the Consortium and any such certificate; resolution or other instrument so
signed shall conclusively be presumed to be authentic. Likewise, all facts and
matters stated therein shall conclusively be presumed to be accurate and true.
SECTION 3.04. ELECTION OF OFFICERS. Once a year, and at such
other time as may be necessary to fill a vacancy, at a duly called meeting of the
Board called for the purpose thereof, the Consortium through its Directors shall
elect a Chairman, a Vice-Chairman and a Secretary-Treasurer to conduct the
meetings of the Board and to perform such other functions as herein provided.
Said Chairman, Vice-Chairman and Secretary-Treasurer shall each serve one (1)
year terms unless they resign from the Consortium, are removed by the Member
they represent, or such officer is otherwise replaced as a Director of the Board.
Officers may, if elected by the Directors, serve longer than a one (1) year term.
SECTION 3.05. AUTHORITY OF OFFICERS.
(A) The Chairman and ;the Vice-Chairman shall take such actions and have
such powers as provided by the Board. The Chairman shall sign all documents on
behalf of the Consortium and take such action as may be in furtherance of the
purposes of this Interlocal Agreement as may be approved by resolution or action
of the Board adopted at a duly called meeting. The Vice-Chairman shall act in the
absence or otherwise inability of the Chairman to act.
9
(B) The Secretary-Treasurer, or his designee, shall keep and maintain all
minutes of all meetings of the Board, but such minutes need not be verbatim.
Copies of all minutes of the meetings of the Board shall be sent by the Secretary-
Treasurer or his designee to all Directors of the '.Consortium. The Secretary-
Treasurer may also attest to the execution of documents. The Secretary-Treasurer
shall have such other powers as may be approved by resolution or other action of
the Board adopted at a duly called meeting.
SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR.
(A) Any Director may resign from all duties or responsibilities hereunder
by giving at least thirty (30) days prior written notice to the Manager and
Chairman. Such notice shall state the date said resignation shall take effect and
such resignation shall take effect on that date.
(B) Each Consortium Member, in its .sole discretion, may remove its
designated Director at any time and may appoint a:new Director to serve on the
Board upon written notice being given to the Manager and Chairman. Each
Consortium Member may also designate an alternate or designee to serve in a
Director's place in the event the Director is unavailable.
(C) In the event the Director of a Consortium Member shall resign or be
removed, such Consortium Member shall appoint a new Director within thirty (30)
days.
(D) Any Director who resigns or is removed and who is an officer of the
Consortium shall immediately turn over and deliver to the Manager any and all
records, books, documents or other property in his possession or under his control
which belong to the Authority.
SECTION 3.07. MEETINGS.
(A) The Board shall convene at a meeting duly called by either a majority
of the Directors or the Chairman. The Directors may establish regular meeting
times and places. Meetings shall be conducted at such locations as may be
determined by the majority of the Directors or the Chairman. Notice of a special
meeting, unless otherwise waived, shall be furnished to each Director by the
Manager not less than seven (7) calendar days prior: to the date of such meeting;
provided the Chairman or, in his absence or unavailability, the Vice-Chairman,
may call a meeting upon twenty-four (24)s hours written notice, if such officer
10
determines an emergency exists. All meetings shall be noticed in accordance with
Florida law.
(B) Within thirty (30) calendar days of the creation of the Consortium, the
duly appointed Directors shall hold an organizational meeting to elect officers and
perform such other duties as are provided for under this Interlocal Agreement.
(C) To the extent allowed, meetings may be held by means of media
technology in conformity with the Interlocal Act.
SECTION 3.08. WITHDRAWAL OR DISMISSAL OF
CONSORTIUM MEMBERS. Any Consortium Member may withdraw from the
Consortium at any time, if the following conditions are satisfied:
(A) there shall be at least two (2) Consortium Members remaining in the
Consortium subsequent to withdrawal; and
(B) a certified resolution from the Consortium Member's governing body
setting forth its intent to withdraw is presented to the Consortium. Upon
satisfaction of the foregoing conditions, such withdrawal shall be effective.
SECTION 3.09. EXPENSES. The Consortium may establish, from time
to time, procedures for reimbursement for reasonable expenses incurred by
Directors and employees of the Consortium. The Consortium shall also establish a
mechanism for assessing or apportioning Consortium expenses to the Consortium
Members. The expenditure of all expenses and approval of travel shall be in
conformity with the provisions of Florida law governing travel and reimbursement
of expenses for public officials.
SECTION 3.10. LIABILITY. No Director, agent, officer, official or
employee of the Consortium shall be liable for any action taken pursuant to this
Interlocal Agreement in good faith or for any omission, except gross negligence, or
for any act of omission or commission by any other Director, agent, officer,
official or employee of the Consortium.
SECTION 3.11 EXECUTIVE COMMITTEE. An Executive Committee
of the Board shall be established that shall consist of the Chairman, the Vice-
Chairman, the Secretary-Treasurer and two other Directors designated by the
foregoing three officers. The Executive Committee shall have the power to act on
behalf of the Board in items of the activities set forth in Section 4.01(A)(2), (3),
11
(4), (6), (7), (11), (13), (15), (16), (17), (23) and (24)Thereof, and such other powers
as may be designated by the Board.
SECTION 3.12 PRINCIPAL PLACE OF BUSINESS. The
Consortium's principal place of business, within th!e meaning of Section 163.01
(11), Florida Statutes, shall initially be Leon County, Florida, subject to
modification by action of the Board.
12
!
ARTICLE IV
POWERS AND DUTIES
SECTION 4.01. POWERS.
(A) The Consortium shall have all powers to carry out the purposes of this
Interlocal Agreement, including the following powers which shall be in addition to
and supplementing any other privileges, benefits,and powers granted by the Act, or
otherwise by the Interlocal Agreement:
(1) To enter into other interlocal 'agreements or join with any other
special purpose or general purpose local governments, public agencies or
authorities or create a separate entity as permitted by the Act in the exercise of
common powers or to assist the Consortium in fulfilling its purpose under this
Interlocal Agreement.
(2) To sue and be sued in the name of the Consortium.
(3) To adopt and use a seal and authorize the use of a facsimile
thereof.
(4) To contract with any public or private entity or person upon
such terms as the Board deems appropriate.
(5) To acquire, by purchase, gift, devise or otherwise, and to
dispose of, real or personal property, or any estate therein, including the power to
determine how property will be disposed of upon the dissolution of the
Consortium.
(6) To make and execute contracts or other instruments necessary
or convenient to the exercise of its powers.
(7) To maintain an office or offices at such place or places as the
Board may designate from time to time, and to establish a custodian for the records
of the Consortium.
(8) To lease, as lessor or lessee, to or from any person, firm,
corporation, association or body, public or private,1 facilities or property of any
nature to carry out any of the purposes authorized by this Interlocal Agreement.
13
(9) To apply for and accept grants, loans and subsidies from any
governmental entity for the funding of projects, improvements or mitigation, and to
comply with all requirements and conditions imposed in connection therewith.
(10) To the extent allowed by law and to the extent required to
effectuate the purposes hereof, to exercise all privileges, immunities and
exemptions accorded municipalities and counties!of the State under the provisions
of the constitution and laws of the State.
(11) To invest its moneys in such investments as directed by the
Board in accordance with State law.
(12) To provide for the establishment of advisory committees or
councils to the Board or other interlocal entities under the auspices of the Board.
(13) To fix the time and place or places at which its regular meetings
shall be held, and to call and hold special meetings.
(14) To make and adopt rules and, procedures, resolutions and take
such other actions as are not inconsistent with the Constitution and laws of the
State of Florida, the provisions of the Interlocal Act or this Interlocal Agreement
that are necessary for the governance and management of the affairs of the
Consortium, and further, the powers, obligations and responsibilities vested in the
Consortium by this Interlocal Agreement.
(15) To select and engage a Manager, who shall administer the
operations of the Consortium, manage the staff of the:Consortium, as authorized by
the Board, and perform all other administrative duties as directed by the Board.
(16) To employ or hire such attorneys or firm(s) of attorneys as it
deems appropriate to provide legal advice and/or other legal services to the
Consortium.
(17) To employ,or hire engineers, consultants or other specialized
professionals as it deems appropriate to further the purposes of the Consortium.
(18) To create any and all necessary offices in addition to Chairman,
Vice-Chairman and Secretary-Treasurer; to establish other committees; to establish
the powers, duties and compensation of all employees; and to require and fix the
14
amount of all official bonds necessary for the protection of the funds and property
of the Consortium.
(19) To take such action and employ such persons or entities as are
necessary to prepare, develop and submit to the Gulf Coast Ecosystem Restoration
Council the plan for the Oil Spill Restoration Impaet Allocation contemplated by
the RESTORE Act setting forth those projects,,programs and activities that will
improve the ecosystems or economy of the State Of Florida.
(20) To prepare, develop and submit applications for funding from
the Trust Fund under the competitive program, administered by the Gulf Coast
Ecosystem Restoration Council on behalf of the Consortium or a Member.
(21) To advise, assist and aid Consortium Members, upon their
request, in the planning, administration and expenditure of that Member's share or
portion thereof of amounts provided directly to the disproportionately and
nondisproportionately impacted Counties pursuant to the RESTORE Act, upon
such terms and conditions agreed to by that Member and at the sole expense of that
Consortium Member.
(22) To advise, assist and aid the Consortium in obtaining additional
funding from other programs for projects, programs or mitigation on behalf of the
Consortium or its Members.
(23) To hire or engage staff, attorneys and professionals to act as an
advocate and represent the interests of Consortium Members in the Federal
rulemaking process.
(24) To hire or engage staff, attorneys and professionals as an
advocate and to represent the interests of the Consortium and its Members before
Federal and State agencies and the Legislature.
(25) To do all acts and to exercise all of the powers necessary,
convenient, incidental, implied or proper in connection with any of the powers,
duties or purposes authorized by this Interlocal Agreement or the Act.
(B) In exercising the powers conferred by this Interlocal Agreement, the
Board shall act by resolution or other action approved at duly noticed and publicly
held meetings in conformance with applicable law.
15
.
•
(C) The provisions of Chapter 120, Florida Statutes, shall not apply to the
Consortium.
(D) The Consortium shall be subject ;to the provisions of the Florida
Sunshine Law under Chapter 286, Florida Statutes. 'All records of the Consortium
shall be subject to the Public Records Law.
SECTION 4.02. ANNUAL BUDGET.
(A) Following the creation of the Consortium, the Board shall approve a
budget which shall provide for revenues and expenditures during the remainder of
the fiscal year in which it was formed. Such interim budget procedures shall be
utilized solely for the initial year of creation of the Consortium, after which the
budget shall be created pursuant to the remaining provisions of this section.
(B) Prior to October 1 of each year the Board will adopt an annual budget
for the Consortium. Such budget shall be prepared within the time periods
required for the adoption of a tentative and final budget for county governments
under general law. The annual budget shall contain an estimate of receipts by
source and an itemized estimation of expenditures anticipated to be incurred to
meet the financial needs and obligations of the, Consortium. The Manager shall
prepare the annual budget.
(C) The adopted budget shall be the operating and fiscal guide for the
Consortium for the ensuing Fiscal Year. The Board may from time to time amend
the budget at any duly called regular or special meeting.
(D) The Consortium shall provide financial reports in such form and in
such manner as prescribed pursuant to this Interl'ocal Agreement and Chapter 218,
Florida Statutes.
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED.
The Consortium shall not have the power to levy and assess an ad valorem tax on
any property for any reason.
16
.
ARTICLE V
MISCELLANEOUS
SECTION 5.01. DELEGATION OF DUTY. Nothing contained herein
shall be deemed to authorize the delegation of any of the constitutional or statutory
duties of the State or the Consortium Members or any officers thereof.
SECTION 5.02. FILING. A copy of this Interlocal Agreement shall be
filed for record with the Clerk of the Circuit Court of Leon County, Florida, and
with the Clerk of the Circuit Court of any other County subsequently determined to
be the Consortium's principal place of business.
SECTION 5.03. IMMUNITY.
(A) All of the privileges and immunities from liability and exemptions
from laws, ordinances and rules which apply to the activity of officials, officers,
agents or employees of the Consortium Members shall apply to the officials,
officers, agents or employees of the Consortium when performing their respective
functions and duties under the provisions of this Interlocal Agreement.
(B) The Consortium and each Consortium Member shall be entitled to all
protections granted to them under Sections 768.28 and 163.01(9)(c), Florida
Statutes, other Florida Statutes and the common law governing sovereign
immunity. Pursuant to Section 163.01(5)(o), Florida Statutes, Consortium
Members may not be held jointly liable for the torts of the officers or employees of
the Consortium, or any other tort attributable to the Consortium, and that the
Consortium alone shall be liable for any torts attributable to it or for torts of is
officers, employees or agents, and then only to the extent of the waiver of
sovereign immunity or limitation of liability as specified in Section 768.28, Florida
Statutes. Nothing in this Interlocal Agreement shall be deemed to constitute a
waiver of sovereign immunity.
(C) The Consortium Members intend that the Consortium shall have all of
the privileges and immunities from liability and exemptions from laws, ordinances,
rules and common law which apply to the municipalities and counties of the State.
Nothing in this Interlocal Agreement is intended to inure to the benefit of any
third-party for the purpose of allowing any claim;which would otherwise be barred
under the doctrine of sovereign immunity or by operation of law.
17
1 ,
SECTION 5.04. LIMITED LIABILITY. No Consortium Member shall
in any manner be obligated to pay any debts, obligations or liabilities arising as a
result of any actions of the Consortium, the Directors or any other agents,
employees, officers or officials of the Consortium, except to the extent otherwise
mutually agreed upon by that Member, and neither,the Consortium, the Directors
or any other agents, employees, officers or officials of the Consortium have any
authority or power to otherwise obligate any individual Consortium Member in any
manner.
SECTION 5.05. AMENDMENTS. This Interlocal Agreement may be
amended in writing at any time by the concurrence of all of the Directors present at
a duly called meeting of the Consortium and subsequent ratification by the
governing body of each Consortium Member. However, this Interlocal Agreement
may not be amended so as to (A) permit any profits of the Consortium to inure to
the benefit of any private person, or (B) permit the diversion or application of any
of the moneys or other assets of the Consortium for!any purposes other than those
specified herein.
SECTION 5.06. SEVERABILITY. In the event that any provision of this
Interlocal Agreement shall, for any reason, be determined invalid, illegal or
unenforceable in any respect by a court of competent jurisdiction, the other
provisions of this Interlocal Agreement shall remain in full force and effect.
SECTION 5.07. CONTROLLING LAW: This Interlocal Agreement
shall be construed and governed by Florida law.
SECTION 5.08. EFFECTIVE DATE. This Interlocal Agreement shall
become effective on the later of (A) the dated date hereof, or (B) the date the last
initial Consortium Member executes this Interrlocal Agreement and the filing
requirements of Section 5.02 hereof are satisfied.
1
18
SIGNATURE PAGE TO
INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT
OF THE GULF CONSORTIUM
MONROE COUNTY,FLORIDA
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
ATTEST: Danny L.Kolhage, CLERK
BY: By:
Deputy Clerk Mayor
MONROE COUNTY TOtNEY
APPRO D TO For:
F( BER . SHILLINGER, JR•
IS NT CO Y ATTORNEY
CHI P�S,S y
Oate:EF
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/21/12(Marathon) Division: County Attorney
Bulk Item: Yes X No _ Staff Contact: Suzanne Hutton/Bob Shillinger x3470
AGENDA ITEM WORDING: Approval of resolution approving an interlocal agreement relating to
the establishment of the Gulf Consortium.
ITEM BACKGROUND: Congress passed the "Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act of 2012", known as the
RESTORE Act, to establish a trust fund for deposits of 80% of administrative and civil penalties paid
by parties responsible for the Deepwater Horizon oil spill. The Act established the process for
distribution of the funds among the affected states. The Act recognizes 8 "disproportionately affected
counties" as well as 15 "non -disproportionately affected counties" on Florida's Gulf Coast. Monroe is
one of the 15 non -disproportionately affected counties.
The proposed interlocal agreement (]LA) establishes the consortium as a separate legal entity and its
main operating parameters. This item is being placed on the agenda but the proposed ILA is expected
to be modified slightly as a result comments from the county attorneys from the affected counties.
Further changes to the ILA may be made at the Florida Association of Counties meeting on September
19, 2012. The current draft of the ILA is attached as back up to provide the general tenor of the
proposed consortium. Updated drafts will be provided as they become available.
The proposed consortium would a) develop Florida's proposals for funding for large scale projects
from the Gulf Coast Ecosystem Restoration Council which is composed of representatives of the 5
affected states plus 6 federal agencies (the "federal pot"; b) develop and administer a plan for
programs, projects, and activities that are eligible for funding under Florida's share of the Oil Spill
impact allocation (the "state or consortium pot"); and c) assist counties, if needed, in administering
funds provided directly to the counties (the "local pot"). The consortium would also lobby federal
agencies in the rulemaking process.
The RESTORE Act contemplates establishment of the consortium by October I't. This type of entity is
authorized under F.S. 163.01, the Florida Interlocal Cooperation Act. The consortium would be a
separate governmental entity subject to the Sunshine Law and Public Records Act, which would draw
its authority to act from its member governments under terms set forth in the ILA.
The Consortium would be initially funded out of costs provided by its members. The initial allocation
would fund the start-up phase which is estimated to run through December 1, 2012. Under the
proposed cost sharing formula, Monroe County's initial cost would be $1,280. The future funding
formula has been determined.
PREVIOUS RELEVANT BOCC ACTION: August 15, 2012, approval of a consulting agreement
with MW Biodiesel Consulting, Inc.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $1280 initially INDIRECT COST: TBD BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: $1280 initially SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: Yes xx No AMOUNT PER MONTH TBD Year TBD
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required,
DISPOSITION: AGENDA ITEM #
Revised 7/09
Gulf Coast Consortium Interlocal Agreement
Back Up Materials
1. Resolution approving and authorizing execution of Interlocal Agreement.
2. Proposed Interlocal Agreement — 8/15/12 draft
3. Legal Description of a Separate Government Entity. (Nabors, Giblin, Nickerson)
4. How a Joint Public Entity Can Serve Affected Counties in Implementation of RESTORE Act
(Nabors, Giblin, Nickerson)
5. RESTORE Act Summary (Okaloosa County Commissioner David Parisot)
6. The RESTORE Act.
7. Power Point Presentation on RESTORE Act (Florida Association of Counties)
1.
Resolution approving and
authorizing execution of
Interlocal Agreement
RESOLUTION NO. -2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT TO
PARTICIPATE IN A CONSORTIUM TO DEVELOP AND ADMINISTER A PLAN FOR
FUNDING OF ENVIRONMENTAL AND ECONOMIC DEVELOPMENT PROJECTS
IN 23 FLORIDA COUNTIES PURSUANT TO THE RESTORE ACT, AND
AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT.
WHEREAS, the United States Congress passed the "Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012," known as the
RESTORE Act, to establish a trust fund for deposits of 80% of administrative and civil penalties exacted
from parties responsible for the Deepwater Horizon oil spill for distribution of the funds among the
affected states; and
WHEREAS, the RESTORE Act requires a plan for funding expenditures within the State of Florida
to be developed by a "consortia of local political subdivisions;" and
WHEREAS, it has been established that there are 8 disproportionately and 15 non -
disproportionately affected counties in Florida, with Monroe as one of the 15 non -disproportionately
affected counties; and
WHEREAS, it is proposed by representatives of the 23 counties with leadership and assistance
from the Florida Association of Counties that an interlocal agreement (ILA) establish the statutorily
required consortium and set the main operating parameters of the consortium, allowing administrative
and operating details to be determined by the consortium once established; and
WHEREAS, it is anticipated that any of the 23 counties choosing not to be a member of the
consortium will be treated in an advisory capacity only in the development of a state-wide plan; and
WHEREAS, there is a funding formula which allocates some funding for the non -
disproportionately affected 15 counties based on established factors such as population and sales tax
collections, and thirty percent of the funding being subject to the consortium's competitive rules and
evaluations of the proposed projects; and
WHEREAS, it is deemed to be in the best interests of the residents, taxpayers, and all local
governments that Monroe County be a voting member of the consortium in the development of the
competitive guidelines and the evaluations; now therefore,
BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that:
1. Monroe County shall participate in the Gulf Consortium as a voting member.
2. The Interlocal Agreement Relating to Establishment of the Gulf Consortium is hereby
approved.
3. The mayor, or mayor pro tem in the absence of the mayor, is authorized to execute the
Interlocal Agreement.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular
meeting on said Board on the day of , A.D., 2012.
(SEAL)
Mayor David Rice
Mayor Pro Tern Kim Wigington
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: Danny L. Kolhage, CLERK
By: By:
Deputy Clerk
Mayor David Rice
VONROL t;oUN I f AT-rOHNtY
APP S FORM:
ROBER B. SHILLINGER, JR.
CHIEF ASSISTANT C OIN Y ATTORNEY
f�at�.
Proposed
NGN Draft No.4 8/15/12
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
Among
[INSERT COUNTY NAMES]
Dated as of 92012
DRAFT ONLY
NGN Draft No.4 8/15/12
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
Among
[INSERT COUNTY NAMESI
Dated as of 92012
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
SECTION 1.01. DEFINITIONS. 3
ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. 5
SECTION 2.02. PURPOSES. 5
SECTION 2.03. CONSORTIUM MEMBERS. 6
SECTION 2.04. DURATION OF CONSORTIUM. 6
ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01.
MEMBERSHIP.
7
SECTION 3.02.
REPRESENTATION.
7
SECTION 3.03.
ACTION.
8
SECTION 3.04.
ELECTION OF OFFICERS.
8
SECTION 3.05.
AUTHORITY OF OFFICERS.
8
SECTION 3.06.
RESIGNATION OR REMOVAL OF DIRECTOR.
9
SECTION 3.08.
MEETINGS.
9
SECTION 3.09.
WITHDRAWAL OR DISMISSAL OF CONSORTIUM
MEMBERS.
10
SECTION 3.10.
EXPENSES.
10
SECTION 3.11.
LIABILITY.
10
ARTICLE IV
POWERS AND DUTIES
SECTION 4.01. POWERS. 11
SECTION 4.02. ANNUAL BUDGET. 14
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED. 14
ARTICLE V
MISCELLANEOUS
SECTION 5.01.
DELEGATION OF DUTY.
15
SECTION 5.02.
FILING.
15
SECTION 5.03.
IMMUNITY.
15
SECTION 5.04.
LIMITED LIABILITY.
16
SECTION 5.05.
AMENDMENTS.
16
SECTION 5.06.
SEVERABILITY.
16
SECTION 5.07.
CONTROLLING LAW.
16
SECTION 5.08.
EFFECTIVE DATE.
16
INTERLOCAL AGREEMENT RELATING TO
ESTABLISHMENT OF THE
GULF CONSORTIUM
THIS INTERLOCAL AGREEMENT, dated as of , 2012
(the "Interlocal Agreement"), is jointly entered into by the counties which are
signatory hereto (collectively, the "Consortium Members"), each of which are
political subdivisions or other government agencies of the State of Florida and
constitute a "public agency" as that term is defined by Part I of Chapter 163,
Florida Statutes (the "Interlocal Act"), and such other public agencies as are added
as additional Consortium Members as provided in Section 3.01 hereof.
WITNESSETH:
WHEREAS, each of the Consortium Members are political subdivisions or
other government agencies of the State of Florida and have all powers of self-
government pursuant to their home rule powers and express grants of authority
provided by general law, including, but not limited to, those powers granted under
Chapter 125, Florida Statutes; and
WHEREAS, Pursuant to Part I of Chapter 163, Florida Statutes (the
"Interlocal Act"), Consortium Members, as public agencies under the Interlocal
Act, may enter into interlocal agreements with each other to jointly exercise any
power, privilege or authority which such Consortium Members share in common
and which each might exercise separately. The joint exercise of this authority
permits the Consortium Members to make the most efficient use of their powers by
enabling them to cooperate on the basis of mutual benefit and, pursuant to this
authority, to form a governmental entity that will best serve the needs of such
Consortium Members and their citizens; and
WHEREAS, the Interlocal Act authorizes the Consortium Members to enter
into an interlocal agreement for the purposes of creating a separate legal entity for
the purpose of the joint exercise of the common powers of the Consortium
Members; and
WHEREAS, the United States Congress approved, and the President signed
into law, the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of 2012 (the "Restore Act"),
which established potential funding sources for various purposes which will
1
enhance and benefit the Gulf Coast area. Such funding source to be derived from
administrative and civil penalties from responsible parties in connection with the
explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon;
and
WHEREAS, the Consortium Members are counties which were impacted
by Deepwater Horizon and the provisions of the Restore Act are applicable to it;
and
WHEREAS, under the provisions of the Restore Act, a Trust Fund (the
"Trust Fund") is established through which funding is available for various
projects, improvements, development and environmental mitigation within the
Gulf Coast regions; and
WHEREAS, the Consortium Members have determined that it is in their
best interests to create a legal entity to join together for the purposes of
implementing the consortia of local political subdivisions contemplated by the
Restore Act, for the purposes of the development of the plan for the expenditure of
the oil spill restoration impact allocation and to jointly serve the interests of the
Consortium Members; and
WHEREAS, the Consortium Members seek to jointly exercise their power
to consider and promote proposals to be funded through the Trust Fund and to seek
on behalf of the Consortium and its members the funding of eligible projects
within their respective areas; and
WHEREAS, the Consortium Members seek to join together to arrive at
mutually beneficial projects, programs and improvements which will enhance the
ecosystems and economy of the Consortium Members and to collectively fulfill
their responsibilities under the Restore Act to develop a plan for expenditure of
certain funds within the Trust Fund.
NOW, THEREFORE, in consideration of the foregoing, it is mutually
agreed by and among the Consortium Members that now or may hereafter execute
this Interlocal Agreement, that the "Gulf Consortium," is a legal entity, public body
and a unit of local government with all of the privileges, benefits, powers and
terms of the hereinafter defined Act and this Interlocal Agreement, and is hereby
created for the purposes described herein.
2
ARTICLE I
DEFINITIONS
SECTION 1.01. DEFINITIONS. The following definitions shall govern
the interpretation of this Interlocal Agreement:
"Act" shall mean, collectively, the "Home Rule" powers and all provisions
of general law granting powers and authority to each Consortium Member,
including, but not limited to, Chapter 125, Florida Statutes, Chapter 166, Florida
Statutes, the Interlocal Act, and other applicable provisions of law.
"Affected County" shall have the meaning set forth in the Restore Act.
"Consortium Members" shall mean the member or members of the
Consortium, from time to time, as shall be provided for by this Interlocal
Agreement.
"Board" shall mean the governing board of the Consortium, consisting of
the Directors appointed hereunder.
"Consortium" shall mean the Gulf Consortium, a legal entity and public
body, created pursuant to the provisions of the Interlocal Act and by this Interlocal
Agreement.
"Director" shall mean that individual appointed by each Consortium
Member in accordance with the provisions hereof to serve as part of the Board.
"Fiscal Year" shall mean the period commencing on October 1 of each year
and continuing through the next succeeding September 30, or such other period as
may be determined by the Board.
"Manager" shall mean the individual or entity selected and engaged by the
Board to provide administrative functions of the Consortium.
"Interlocal Act" shall mean Part I of Chapter 163, Florida Statutes.
"Interlocal Agreement" shall mean this Interlocal Agreement, including
any amendments or supplements hereto, executed and delivered in accordance with
the terms hereof.
3
"Public Agencies" shall mean any "public agency", as that term is defined
by the Interlocal Act.
"Restore Act" shall have the meaning set forth in the preambles hereof.
"State" shall mean the State of Florida.
Whenever any words are used in this Interlocal Agreement in the masculine
gender, they shall be construed as though they were also used in the feminine or
neuter gender in all situations where they would so apply, and whenever any words
are used in this Interlocal Agreement in the singular form, they shall be construed
as though they were also used in the plural form in all situations where they would
so apply.
0
ARTICLE II
THE CONSORTIUM
SECTION 2.01. CREATION. The Consortium Members hereby jointly
create and establish the "Gulf Consortium", a legal entity and public body and a
unit of local government, with all of the privileges, benefits, powers and terms
provided for herein and by the Act.
SECTION 2.02. PURPOSES.
(A) The purpose of this Interlocal Agreement is for the establishment of
the Consortium, which will serve as the consortia or establish the consortia of local
political subdivisions as contemplated by the Restore Act for those counties which
are members of the Consortium. The Consortium is intended to assist in or be
responsible for, as determined by the Board:
(1) the development of the plan for the expenditure of the oil spill
restoration impact allocation required by the Restore Act;
(2) the preparation and processing of applications for funding
under the competitive program to be processed and administered by the Gulf Coast
Ecosystem Restoration Council;
(3) acting as a resource for Consortium Members, to the extent
requested, in the planning, administration and expenditure of that Member's share
provided directly to the disportionately and nondisportionately impacted counties
pursuant to the Restore Act;
(4) acting as a resource in the obtaining of additional funding for
programs through other available revenue sources, including, but not limited to,
those available for the Natural Resource Damage Assessment (NRDA);
(5) acting as an advocate and representing the Consortium
Members in the development of federal rules relating to the implementation of the
Restore Act; and
6y
(6) acting as an advocate for the Consortium Members with
executive agencies, the Florida Legislature and the United States government.
(B) It is determined that the creation and organization of the Consortium
and the fulfillment of its objectives serves a public purpose, and is in all respects
for the benefit of the people of the State, Consortium Members, affected Public
Agencies and their citizens.
(C) It is determined that the Consortium is performing an essential
governmental function. All property of the Consortium is and shall in all respects
be considered to be public property, and the title to such property, to the extent
required, shall be held by the Consortium for the benefit of the public. The use of
such property shall be considered to serve a public purpose, until disposed of upon
such terms as the Consortium may deem appropriate.
SECTION 2.03. CONSORTIUM MEMBERS. The Consortium
Members shall consist of those Public Agencies set forth below or joined as
provided in Article III.
SECTION 2.04. DURATION OF CONSORTIUM. The Consortium
shall be in perpetual existence until the earlier of the following occurs:
(A) all revenue within the Trust Fund created pursuant to the Restore Act
is expended and the program established by the Restore Act is dissolved; or
(B) the Consortium is dissolved by the majority vote of its Board.
rol
ARTICLE III
MEMBERSHIP AND REPRESENTATION
SECTION 3.01. MEMBERSHIP.
(A) Membership in the Consortium shall consist of Public Agencies that
approve this Interlocal Agreement pursuant to Article III.
(B) The initial Consortium Members shall on the date hereof consist of:
(INSERT COUNTIES)
(C) To the extent permitted by the Interlocal Act and the Restore Act, the
Consortium may admit any additional Public Agency to membership upon
application of such Public Agency, the approval of this Interlocal Agreement by
that Public Agency, and the affirmative vote of the majority of all Directors at a
duly called meeting of the Board of the Consortium; provided, that any Affected
County shall automatically be admitted to membership upon application thereof.
This Interlocal Agreement need not be amended in order to admit any Public
Agency as a Member of the Consortium; however, any new Consortium Member
which is not an Affected County shall be required to evidence its approval of any
conditions imposed on its membership by the existing Directors of the Consortium.
Approval of the governing bodies of each existing Consortium Member shall not
be required for the purpose of admitting a new Consortium Member.
(D) As a precondition to membership in the Consortium, each Consortium
Member shall constitute a Florida municipality, county or such other Public
Agency which is permitted by the Interlocal Act to be a member of the
Consortium. Such new Consortium Member shall execute, deliver and record a
duly authorized counterpart to this Interlocal Agreement, as it exists at the time of
its approval.
SECTION 3.02. REPRESENTATION.
(A) Each Consortium Member shall appoint one Director to act as its
representative on the Board. Each Director shall be an individual who shall be
appointed specifically by name or by position. The Consortium Member shall
notify the Manager and the Chairman in writing as to the individual designated as
their Director.
h
(B) Directors may be an elected official, appointed official, employee or
other designee of a Consortium Member.
SECTION 3.03. ACTION.
(A) The affairs, actions and duties of the Consortium shall be undertaken at
a duly called meeting pursuant to Section 3.08 hereof.
(B) At any meeting of the Consortium at which any official action is to be
taken, a majority of all Directors shall constitute a quorum. A majority vote of a
quorum of the Directors present at a duly called meeting shall constitute an act of
the Consortium, except as otherwise provided herein. Except as may be
established by the Board with respect to any new Consortium Member which is not
an Affected County, each Director is entitled to cast one vote.
(C) A certificate, resolution or instrument signed by the Chairman, Vice -
Chairman or such other person of the Consortium as may hereafter be designated
and authorized by the Board, shall be evidence of the action of the Consortium and
any such certificate, resolution or other instrument so signed shall conclusively be
presumed to be authentic. Likewise, all facts and matters stated therein shall
conclusively be presumed to be accurate and true.
SECTION 3.04. ELECTION OF OFFICERS. Once a year, and at such
other time as may be necessary to fill a vacancy, at a duly called meeting of the
Board called for the purpose thereof, the Consortium through its Directors shall
elect a Chairman, a Vice -Chairman and Secretary -Treasurer to conduct the
meetings of the Authority and to perform such other functions as herein provided.
Said Chairman, Vice -Chairman and Secretary -Treasurer shall each serve one (1)
year terms unless they resign from the Consortium, are removed by the Member
they represent, or such officer is otherwise replaced as a Director of the Board.
SECTION 3.05. AUTHORITY OF OFFICERS.
(A) The Chairman and the Vice -Chairman shall take such actions and have
such powers as provided by the Board. The Chairman shall sign all documents on
behalf of the Consortium and take such action as may be in furtherance of the
purposes of this Interlocal Agreement as may be approved by resolution or action
of the Board adopted at a duly called meeting. The Vice -Chairman shall act in the
absence or otherwise inability of the Chairman to act.
(B) The Secretary -Treasurer, or his designee, shall keep and maintain all
minutes of all meetings of the Board, but such minutes need not be verbatim.
Copies of all minutes of the meetings of the Board shall be sent by the Secretary -
Treasurer or his designee to all Directors of the Consortium. The Secretary -
Treasurer may also attest to the execution of documents. The Secretary -Treasurer
shall have such other powers as may be approved by resolution or other action of
the Board adopted at a duly called meeting.
SECTION 3.06. RESIGNATION OR REMOVAL OF DIRECTOR.
(A) Any Director may resign from all duties or responsibilities hereunder
by giving at least thirty (30) days prior written notice to the Manager and
Chairman. Such notice shall state the date said resignation shall take effect and
such resignation shall take effect on that date.
(B) Each Consortium Member, in its sole discretion, may remove its
designated Director at any time and may appoint a new Director to serve on the
Board upon written notice being given to the Manager and Chairman.
(C) In the event the Director of a Consortium Member shall resign or be
removed, such Consortium Member shall appoint a new Director within thirty (30)
days.
(D) Any Director who resigns or is removed who is an officer of the
Consortium shall immediately turn over and deliver to the Manager any and all
records, books, documents or other property in his possession or under his control
which belong to the Authority.
SECTION 3.07. MEETINGS.
(A) The Board shall convene at a meeting duly called by either a majority
of the Directors or the Chairman. The Directors may establish regular meeting
times and places. Meetings shall be conducted at such locations as may be
determined by the majority of the Directors or the Chairman. Notice of a special
meeting, unless otherwise waived, shall be furnished to each Director by the
Manager not less than seven (7) calendar days prior to the date of such meeting;
provided the Chairman or, in his absence or unavailability, the Vice -Chairman,
may call a meeting upon twenty-four (24) hours written notice, if such officer
determines an emergency exists. All meetings shall be noticed in accordance with
Florida law.
9
(B) Within thirty (30) calendar days of the creation of the Consortium, the
duly appointed Directors shall hold an organizational meeting to elect officers and
perform such other duties as are provided for under this Interlocal Agreement.
(C) To the extent allowed, meetings may be held by means of media
technology in conformity with the Interlocal Act.
SECTION 3.08. WITHDRAWAL OR DISMISSAL OF ONSORTIUM
MEMBERS. Any Consortium Member may withdraw from the Consortium at
any time, if the following conditions are satisfied:
(A) there shall be at least two (2) Consortium Members remaining in the
Consortium subsequent to withdrawal; and
(B) a certified resolution from the Consortium Member's governing body
setting forth its intent to withdraw is presented to the Consortium. Upon
satisfaction of the foregoing conditions, such withdrawal shall be effective.
SECTION 3.09. EXPENSES. The Consortium may establish, from time
to time, procedures for reimbursement for reasonable expenses incurred by
Directors and employees of the Consortium. The expenditure of all expenses and
approval of travel shall be in conformity with the provisions of Florida law
governing travel and reimbursement of expenses for public officials.
SECTION 3.10. LIABILITY. No Director, agent, officer, official or
employee of the Consortium shall be liable for any action taken pursuant to this
Interlocal Agreement in good faith or for any omission, except gross negligence, or
for any act of omission or commission by any other Director, agent, officer,
official or employee of the Consortium.
SECTION 3.11 EXECUTIVE COMMITTEE. An Executive Committee
of the Board shall be established that shall consist of the Chairman, the Vice -
Chairman, the Secretary -Treasurer and two other Directors designated by the
foregoing three officers. The Executive Committee shall have the power to act on
behalf of the Board in items of the activities set forth in Section 4.01(2), (3), (4),
(6), (7), (11), (13), (15), (17), (23) and (24) hereof, and such other powers as may
be designated by the Board.
10
ARTICLE IV
POWERS AND DUTIES
SECTION 4.01. POWERS.
(A) The Consortium shall have all powers to carry out the purposes of this
Interlocal Agreement, including the following powers which shall be in addition to
and supplementing any other privileges, benefits and powers granted by the Act, or
otherwise by the Interlocal Agreement:
(1) To enter into other interlocal agreements or join with any other
special purpose or general purpose local governments, public agencies or
authorities or create a separate entity as permitted by the Act in the exercise of
common powers or to assist the Consortium in fulfilling its purpose under this
Interlocal Agreement.
(2) To sue and be sued in the name of the Consortium.
(3) To adopt and use a seal and authorize the use of a facsimile
thereof.
(4) To contract with any public or private entity or person upon
such terms as the Board deems appropriate.
(5) To acquire, by purchase, gift, devise or otherwise, and to
dispose of, real or personal property, or any estate therein.
(6) To make and execute contracts or other instruments necessary
or convenient to the exercise of its powers.
(7) To maintain an office or offices at such place or places as the
Board may designate from time to time.
(8) To lease, as lessor or lessee, to or from any person, firm,
corporation, association or body, public or private, facilities or property of any
nature to carry out any of the purposes authorized by this Interlocal Agreement.
11
(9) To apply for and accept grants, loans and subsidies from any
governmental entity for the funding of projects, improvements or mitigation, and to
comply with all requirements and conditions imposed in connection therewith.
(10) To the extent allowed by law and to the extent required to
effectuate the purposes hereof, to exercise all privileges, immunities and
exemptions accorded municipalities and counties of the State under the provisions
of the constitution and laws of the State.
(11) To invest its moneys in such investments as directed by the
Board in accordance with State law and which shall be consistent in all instances
with the applicable provisions of the Financing Documents.
(12) To provide for the establishment of advisory committees or
councils to the Board or other interlocal entities under the auspices of the Board.
(13) To fix the time and place or places at which its regular meetings
shall be held, and to call and hold special meetings.
(14) To make and adopt rules and procedures, resolutions and take
such other actions as are not inconsistent with the Constitution and laws of the
State of Florida, the provisions of the Interlocal Act or this Interlocal Agreement
that are necessary for the governance and management of the affairs of the
Consortium, and further, the powers, obligations and responsibilities vested in the
Consortium by this Interlocal Agreement.
(15) To select and engage a Manager, who shall administer the
operations of the Consortium, manage the staff of the Consortium, as authorized by
the Board, and perform all other administrative duties as directed by the Board.
(16) To employ or hire such attorneys or firm(s) of attorneys as it
deems appropriate to provide legal advice and/or other legal services to the
Consortium.
(17) To employ or hire engineers, consultants or other specialized
professionals as it deems appropriate to further the purposes of the Consortium.
(18) To create any and all necessary offices in addition to Chairman,
Vice -Chairman and Secretary -Treasurer; to establish the powers, duties and
12
compensation of all employees; and to require and fix the amount of all official
bonds necessary for the protection of the funds and property of the Consortium.
(19) To take such action and employ such persons or entities as are
necessary to prepare, develop and submit to the Gulf Coast Ecosystem Restoration
Council the plan contemplated by the Restore Act setting forth those projects,
programs and activities that will improve the ecosystems or economy of the State
of Florida.
(20) To prepare, develop and submit applications for funding from
the Trust Fund under the competitive program administered by the Gulf Coast
Ecosystem Restoration Council on behalf of the Consortium or a Member.
(21) To advise, assist and aid Consortium Members, upon their
request, in the planning, administration and expenditure of funds from the Trust
Fund provided to disportionately and nondisportionately impacted Counties.
(22) To advise, assist and aid the Consortium in obtaining additional
funding from other programs for projects, programs or mitigation on behalf of the
Consortium or its Members.
(23) To hire or engage staff, attorneys and professionals to act as an
advocate and represent the interests of Consortium Members in the Federal
rulemaking process.
(24) To hire or engage staff, attorneys and professionals as an
advocate and to represent the interests of the Consortium and its Members before
Federal and State agencies and the Legislature.
(25) To do all acts and to exercise all of the powers necessary,
convenient, incidental, implied or proper in connection with any of the powers,
duties or purposes authorized by this Interlocal Agreement or the Act.
(B) In exercising the powers conferred by this Interlocal Agreement, the
Board shall act by resolution or other action approved at duly noticed and publicly
held meetings in conformance with applicable law.
(C) The provisions of Chapter 120, Florida Statutes, shall not apply to the
Consortium.
13
(D) The Consortium shall be subject to the provisions of the Florida
Sunshine Law under Chapter 286, Florida Statutes. All records of the Consortium
shall be subject to the Public Records Law.
SECTION 4.02. ANNUAL BUDGET.
(A) Following the creation of the Consortium, the Board shall approve a
budget which shall provide for revenues and expenditures during the remainder of
the fiscal year in which it was formed. Such interim budget procedures shall be
utilized solely for the initial year of creation of the Consortium, after which the
budget shall be created pursuant to the remaining provisions of this section.
(B) Prior to October 1 of each year the Board will adopt an annual budget
for the Consortium. Such budget shall be prepared within the time periods
required for the adoption of a tentative and final budget for county governments
under general law. The annual budget shall contain an estimate of receipts by
source and an itemized estimation of expenditures anticipated to be incurred to
meet the financial needs and obligations of the Consortium. The Manager shall
prepare the annual budget.
(C) The adopted budget shall be the operating and fiscal guide for the
Consortium for the ensuing Fiscal Year. The Board may from time to time amend
the budget at any duly called regular or special meeting.
(D) The Consortium shall provide financial reports in such form and in
such manner as prescribed pursuant to this Interlocal Agreement and Chapter 218,
Florida Statutes.
SECTION 4.03. AD VALOREM TAXATION NOT AUTHORIZED.
The Consortium shall not have the power to levy and assess an ad valorem tax on
any property for any reason.
14
ARTICLE V
MISCELLANEOUS
SECTION 5.01. DELEGATION OF DUTY. Nothing contained herein
shall be deemed to authorize the delegation of any of the constitutional or statutory
duties of the State or the Consortium Members or any officers thereof.
SECTION 5.02. FILING. A copy of this Interlocal Agreement shall be
filed for record with the Clerk of the Circuit Court in each county wherein a
Consortium Member is located.
SECTION 5.03. IMMUNITY.
(A) All of the privileges and immunities from liability and exemptions
from laws, ordinances and rules which apply to the activity of officials, officers,
agents or employees of the Consortium Members shall apply to the officials,
officers, agents or employees of the Consortium when performing their respective
functions and duties under the provisions of this Interlocal Agreement.
(B) The Consortium and each Consortium Member shall be entitled to all
protections granted to them under Sections 768.28 and 163.01(9)(c), Florida
Statutes, other Florida Statutes and the common law governing sovereign
immunity. Pursuant to Section 163.01(5)(o), Florida Statutes, Consortium
Members may not be held jointly liable for the torts of the officers or employees of
the Consortium, or any other tort attributable to the Consortium, and that the
Consortium alone shall be liable for any torts attributable to it or for torts of is
officers, employees or agents, and then only to the extent of the waiver of
sovereign immunity or limitation of liability as specified in Section 768.28, Florida
Statutes. Nothing in this Interlocal Agreement shall be deemed to constitute a
waiver of sovereign immunity.
(C) The Consortium Members intend that the Consortium shall have all of
the privileges and immunities from liability and exemptions from laws, ordinances,
rules and common law which apply to the municipalities and counties of the State.
Nothing in this Interlocal Agreement is intended to inure to the benefit of any
third -party for the purpose of allowing any claim which would otherwise be barred
under the doctrine of sovereign immunity or by operation of law.
15
SECTION 5.04. LIMITED LIABILITY. No Consortium Member shall
in any manner be obligated to pay any debts, obligations or liabilities arising as a
result of any actions of the Consortium, the Directors or any other agents,
employees, officers or officials of the Consortium, except to the extent otherwise
mutually agreed upon by that Member, and neither the Consortium, the Directors
or any other agents, employees, officers or officials of the Consortium have any
authority or power to otherwise obligate any individual Consortium Member in any
manner.
SECTION 5.05. AMENDMENTS. This Interlocal Agreement may be
amended in writing at any time by the concurrence of all of the Directors present at
a duly called meeting of the Consortium and subsequent ratification by the
governing body of each Consortium Member. However, this Interlocal Agreement
may not be amended so as to (A) permit any profits of the Consortium to inure to
the benefit of any private person, or (B) permit the diversion or application of any
of the moneys or other assets of the Consortium for any purposes other than those
specified herein.
SECTION 5.06. SEVERABILITY. In the event that any provision of this
Interlocal Agreement shall, for any reason, be determined invalid, illegal or
unenforceable in any respect by a court of competent jurisdiction, the other
provisions of this Interlocal Agreement shall remain in full force and effect.
SECTION 5.07. CONTROLLING LAW. This Interlocal Agreement
shall be construed and governed by Florida law.
SECTION 5.08. EFFECTIVE DATE. This Interlocal Agreement shall
become effective on the later of (A) the dated date hereof, or (B) the date the last
initial Consortium Member executes this Interlocal Agreement and the filing
requirements of Section 5.02 hereof are satisfied.
16
KM
Legal Description
of w Separat
Government
(Nabors,1 INickerson)
Legal Description of a Separate Government Entity
Section 163.01, Florida Statutes, authorizes counties and other public agencies
to agree to use their powers jointly through the formation of another governmental entity
so that the counties can efficiently address their mutual needs. The idea of a separate
legal entity created by two or more counties is much like the concept of a corporation or
LLC that any person can create. A corporation has a charter and bylaws, which contain
the powers of the corporation. The corporation is subject to laws and regulation that do
not necessarily apply to human beings, and vice versa. Corporations and the people
who start them are separate bodies, separate units, separate creatures under the law.
Separate legal entities are common mechanisms through which counties and cities
accomplish mutual goals. A list of some of the separate government entities formed by
counties and municipalities in Florida is provided in a separate document. This
document describes the legal parameters in Florida of a separate government entity.
Formation By Resolution. To address the opportunities and challenges
presented by the RESTORE Act, counties desiring to join together can form a separate
legal entity through the adoption of an identical resolution by each of the participating
boards of county commissioners. At a minimum, section 163.01 requires the
participation by two counties to create a separate government entity. The statutes do
not require all 23 of the affected counties to be members. Some of the affected
counties may decide not to join.
Powers. The powers of the separate government entity are established in the
resolutions creating the entity. Generally, a separate government entity may be granted
"any power, privilege, or authority which ... [the counties] share in common and which
each might exercise separately." Sec. 163.01(4), Fla. Stat. Sections 163.01(5) and (7)
authorizes the separate government entity to exercise broad governmental powers
which can be further specified and limited in the resolution creating the entity.
Nabors, Giblin & Nickerson, P.A.,1500 Mahan Drive, Suite 200, Tallahassee, FL 32308
(850)224-4070
July 26, 2012
Thereafter, the powers of the separate government entity can be more fully developed
and refined in the bylaws adopted by the participating counties.
Scope Of Powers. To implement the RESTORE Act, the interlocal entity may
be empowered to serve as the Florida Consortium, jointly manage federal rule -making
and state executive and legislative processes, and jointly propose large scale projects
to the Gulf Coast Council. A separate document outlines some of the specific powers
relative to implementing the RESTORE Act.
Governance Structures. The bylaws and resolution provide for the governance
structure of the separate governmental entity. The structure can be created in any
manner that will serve the interests of the participating counties, including having more
than one governing body, each of which can be given separate responsibilities for
different purposes.
Transparency. The separate entity must meet all government transparency
requirements, including public records, open meetings, ethics and state auditing
obligations.
Costs. The start-up and on -going operations can be funded from county
contributions or any other source that may be available. Under certain circumstances,
these up -front and other costs may be recoverable from RESTORE Act funds allocated
for administration.
Nabors, Giblin & Nickerson, P.A.,1500 Mahan Drive, Suite 200, Tallahassee, FL 32308
(850)224-4070
July 26, 2012
9
• 11, 11 R',
Implementation of the RESTORE Act
(Nabors, 1 INickerson)
How a Joint Public Entity Can Serve Affected Counties
in the Implementation of the RESTORE Act
The joint public entity is tentatively titled the "Gulf Consortium". The Gulf Consortium can be
authorized to serve the 23 "affected counties" including the 8 disproportionately affected
counties and the 15 non -disproportionately affected counties in implementing any or all of the
following aspects of the RESTORE Act.
WHY a joint entity? — Gulf Consortium
REQUIRED
• In the state of Florida, the RESTORE Act provides that "a consortia of local political
subdivisions" will develop the state economic and environmental restoration plan. The
consortia shall include at a minimum "a representative of each affected county".
• The consortium is responsible for the development and implementation of Florida's plan
that will be funded based on a state "impact allocation" formula. It is estimated that
Florida will receive 19-20% of these funds.
COORDINATION
• The RESTORE Act provides for multiple pots; three separate funding pots for economic
and environmental restoration and an additional pot emphasizing monitoring and
research.
• The projects and programs developed will very likely require the planning and
cooperation of multiple jurisdictions.
• The Gulf Consortium can propose and implement large-scale projects and programs to
be funded by the Gulf Coast Ecosystem Restoration Council, which is responsible for
developing a Master Gulf Coast Regional plan.
• The Gulf Consortium can also help identify projects for the Natural Resource Damage
Assessment (NRDA).
TECHNICAL ASSISTANCE
• The Consortium may be authorized to assist any of the 23 affected counties (if they so
desire) in the plan development, implementation and administration of the 35 percent of
RESTORE Act funds that constitute Florida's share as a Gulf Coast State and are
allocated directly to the 23 counties. These funds are not subject to further appropriation.
FLEXIBILITY
o The Consortium can establish itself in almost any format, including
o Multiple (Joint Interest or geographic) county groups,
o Include state entities
o Include other stakeholders
OVERSIGHT & COMPLIANCE
o Consortium can coordinate the 23 affected counties in the development of the Federal rules
to implement the RESTORE Act.
o Consortium can provide a process that will be open and transparent to the public.
HOW do I get one? — Gulf Consortium
Joint Public Entity
o Chapter 163, Florida Statutes, authorizes counties and other public agencies to agree to
use their powers jointly through the formation of another governmental entity so that they
can efficiently address their mutual needs.
o The idea of a separate legal entity created by two or more counties is much like the
concept of a corporation or LLC that any person can create. A corporation has a charter
and bylaws, which contain the powers of the corporation. The corporation is subject to
laws and regulation that do not necessarily apply to human beings, and vice versa.
Separate legal entities are common mechanisms through which counties and cities
accomplish mutual goals.
o A list of some of the separate government entities formed by counties and municipalities
in Florida is provided in a separate document.
Formation By Resolution
o Counties desiring to join together can form a separate legal entity through the adoption
of an identical resolution by each of the participating boards of county commissioners.
At a minimum, section 163.01 requires the participation by two counties to create a
separate government entity.
Powers
o The powers of the separate government entity are established in the resolutions creating
the entity.
o Generally, a separate government entity may be granted "any power, privilege, or
authority which ... [the counties] share in common and which each might exercise
separately." Sec. 163.01(4), Fla. Stat. Sections 163.01(5) and (7) authorizes the
separate government entity to exercise broad governmental powers, which can be
further specified and limited in the resolution creating the entity. Thereafter, the powers
of the separate government entity can be more fully developed and refined in the bylaws
adopted by the participating counties.
Organization & Governance Structures
o The bylaws and resolution provide for the governance structure of the separate
governmental entity.
o The structure can be created in any manner that will serve the interests of the
participating counties, including having more than one governing body, each of which
can be given separate responsibilities for different purposes.
Costs
o The start-up and on -going operations can be funded from county contributions or any
other source that may be available.
o Under certain circumstances, these up -front and other costs may be recoverable from
RESTORE Act funds allocated for administration.
5.
The RESTORE Act Summary
(Okaloosa County1I II I's 1 I liParisot)
Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012 (RESTORE Act of 2012) (Source:
MAP-21 Conference Report, Subtitle F—Gulf Coast Restoration, Sec. 1601 thru Sec. 1608)
Author: Dave Parisot, Okaloosa County Commissioner, Dist. 2
Contacts: Email dparisot@co.okaloosa.fl.us; Office (850) 651-7105; Mobile (850) 855-1042
1. Action: Establish procedures to deposit in and expend from the Trust Fund (80% of the total
fines). (OPR: U.S. Sec'ys. Of Treasury, Interior, & Commerce) (E.G., if fine is $206, then $166
goes to Trust Fund)
a. Requirements:
(1) Procedures to assess State and County (FL) procedures
(2) Auditing requirements
(3) Procedures for administrative expense of Trust Fund management
2. Adds new sections (28) thru (35) to subsection (a) of 33 U.S.C. 1321. :
a. Para (29) defines 'coastal political subdivision' (p. 188) "Any political jurisdiction
that is immediately below the State level of government, including a county, with a
coastline that is contiguous with any portion of the U.S. Gulf of Mexico."
b. Para (30) defines 'Comprehensive Plan'
c. Para. (31) defines 'Council' as the Gulf Coast Ecosystem Restoration Council (see
new subsection (t)(2)(C) [p. 1941
d. Para. (32) defines 'Deepwater Horizon oil spill'
e. Para. (33) defines 'Gulf Coast region' (p.188)
f. Para. (34) defines 'Gulf Coast State' as AL, FL, LA, MS, AND TX
g. Para. (35) defines 'Trust Fund' (p.189)
3. Amends subsection (s) of 33 U.S.C. 1321 (Federal Water Pollution Control Act):
(s) Oil Spill Liability Trust Fund : The Oil Spill Liability Trust Fund established under section
9509 of title 26 shall be available to carry out subsections (b), (c), (d), 0), and (1) of this
section as those subsections apply to discharges, and substantial threats of discharges, of
oil. Any amounts received by the United States under this section shall be deposited in the
Oil Spill Liability Trust Fund "except as provided in subsection W."
4. Adds a new subsection (t) to 33 U.S.0 1321: GULF COAST RESTORATION AND
RECOVERY. (This is the "meat" of the Act):
a. 35% of funds to the 5 Gulf States in equal shares for ecological and economic
restoration Pot #1 , i.e., 7% each to AL, FL, LA, MS, & TX [E.G., if fine is $2013, then $5.613
(35% of $1613) is divided 5 ways; each State share would be $1.12B
b. Allowed activities:
(1) Restoration/protection of natural resources, ecosystems, fisheries, marine &
wildlife habitats, beaches, & coastal wetlands
(11) Mitigation of damage to fish, wildlife, & natural resources
(III) Implementation of a federally approved marine, coastal, or comprehensive
conservation management plan, including fisheries monitoring
(IV) Workforce development and job creation
(V) Improvements to or on State parks located in coastal areas affected by Oil Spill
NO Infrastructure projects benefitting the economy or ecological resources, including
port infrastructure
(VII) Coastal flood protection and related infrastructure
(Vill) Planning assistance
(IX) Administrative costs of complying with this subsection (max. of 396)
(X) Activities to promote tourism and seafood in the Gulf Coast region, limited to:
(a). Promotion of tourism in the Gulf Coast Region, including recreational fishing
(b). Promotion of seafood harvested from the Gulf Coast Region
NOTE: Activities funded under this subsection may not be included in any claim for
compensation paid out by the Oil Spill Liability Trust Fund after the date of enactment of
this subsection.
c. Pot #1 Distribution Florida :
(1) 75% directly to the 8 disproportionally affected counties (Escambia to Wakulla);
(if total fine is $2013, 75% of $1.12B = $840M)
(2) 25% directly to the nondisproportionally impacted counties: 34% based on
population; 33% based on the county per capita sales tax collections estimated for FY2012;
33% based on the inverse proportion of the weighted average distance from the Deepwater
Horizon oil rig to each of the nearest and farthest points of the shoreline. (If total fine is
$2013, 25% of $1.1213 = $280M, then 34% _ $95.2M; 33% _ $92.4M)
d. Conditions:
(1) Agree to Sec'y of Treasury requirements (includes audit)
(2) Certify to Sec'y of Treasury projects/programs:
(a) Meets criteria of 4b above
(b) Was selected based on meaningful input from public (including
individuals, businesses, and NPOs)
(c) For natural resource protection or restoration projects, based on the best
available science.
(3) Certify the projects/programs/contract award are consistent with standard
procurement rules and audit requirements
(4) Develop and submit a multi -year implementation plan for the use of funds
e. Funds allocated to a coastal political subdivision (in FL, a county) shall remain in
the Trust Fund until plans submitted and approved
5. 60% disbursed to the Gulf Coast Ecosystem Restoration Council to implement the
comprehensive recovery plan Pot #2 and Pot #3 [NOTE: Per Florida SB 2156, Sec. 499,
75% of FL's share to the 8-counties (see below)]
a. Pot #2: 30% of total (50% of the 6090 (If total fine is $2013, 30% _ $4.813)
(1). Membership: Sec'ys of Interior, Army, Commerce, Agriculture; EPA
Administrator; Coast Guard; Governors of AL, FL, LA, MS, & TX (needs majority of State
members to have a quorum)
(2). Public Transparency —actions proposed by Council made available to public via
electronic means prior to any vote
(3). Projects: Projects and programs that would restore and protect the natural
resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands,
and economy of the Gulf Coast
(4). Comprehensive Plan: Within 180 days of enactment, shall publish a proposed
plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife
habitats of the Gulf Coast region
(5). Disbursement: (To the 5 Gulf States: AL, FL, LA, MS, & TX)
(a) 40% based on the proportionate number of miles of shoreline in each Gulf
Coast State that experienced oiling compared to the total number of miles of shoreline that
experienced oiling as a result of the Deepwater Horizon oil spill (If total fine is $2013, 40% _
$1.9213 )
(b) 40% based on the inverse proportion of the average distance from the
mobile offshore drilling unit Deepwater Horizon at the time of the explosion to the nearest
and farthest point of the shoreline that experienced oiling of each Gulf Coast State
(c) 20% based on the average population in the 2010 census of coastal
counties bordering the Gulf of Mexico within each Gulf Coast State (If total fine is $2013,
20% _ $960M )
(d) Minimum Allocation: Not less than 5% of the total to each State (If total fine
is $2013, 5% _ $240M )
(6). Plan Development: In Florida, a consortia of local political subdivisions
(counties) that includes at a minimum 1 representative of each affected county.
b. Pot #3: (30% of total (50% of the 60%) (If total fine is $20B, 30% _ $4.813 )
(1). To the states and the federal government to carry out the comprehensive
restoration plan
6. Remaining 5% ("Pot #4 of total fine monies: (If total fine is $2013, 5% _ $800M )
a. To Gulf Coast Ecosystem Restoration Science, Observation, Monitoring and
Technology Program
(1) 50% to the Gulf Coast States in equal shares, exclusively for grants IAW Sec
1605 (c) of RESTORE Act to establish centers of excellence to conduct research only on the
Gulf Coast Region (If total fine is $2013, 2.5% _ $400M )
(2) 50% to carry out the program of the Gulf Coast Restoration Trust Fund (If
total fine is $2013, 2.5% _ $400M )
7. Interest generated by the Gulf Trust Fund ("Pot #5")
a. 50% to be divided equally between Gulf Coast Ecosystem Restoration Science,
Observation, Monitoring and Technology program authorized in Section 1604 of RESTORE
Act and the centers of excellence research grants authorized in Section 1605 of RESTORE
Act
b. 50% to 6a (above)
_8. Florida SB 2156, Section 499: ( Factor in funds expenditures of Pots 2. 3. and 4 )
a. Disproportionally Affected County: Bay, Escambia, Franklin, Gulf, Okaloosa, Santa
Rosa, Walton, Wakulla
b. 75% of funds to a. above to be used for:
(1) Scientific research on impact of oil spill on fisheries and coastal wildlife and
vegetation along county's shoreline and development of strategies to implement measures
suggested from such research
(2) Environmental restoration of coastal areas damaged by the oil spill
(3) Economic incentives
(4) Initiatives to expand and diversify the county's economies
c. 25% to be used for items in b.0)-b.(4) above but areas other than the 8-counties
d. FDEP to be lead agency to expend funds for environmental restoration
e. FDEO to be lead agency to expend funds for economic incentives and
diversification efforts
f. Expenditures of funding via SB 2156 will also have to comply with criteria in
RESTORE Act
RECOMMENDATIONS for Okaloosa County to Implement RESTORE Act of 2012:
1. Establish a Steering Committee:
a. Membership:
(1). County Commission and key Directors, e.g., Public Works, Growth Management,
Tourist Development
(2). Municipalities
(3). Economic Development Council
(4). Business leaders
(5). Environmentalists
(6). Others
b. County Ordinance??
c. Meet in Sunshine; open to public.
d. Recommend formal minutes, just like BCC meetings.
2. Designate a "funds receiving/disbursement" agency, e.g., Clerk of Courts (small
commission commensurate with workload)
3. Major task: Getting a good understanding of what's allowed and prohibited by both
Federal and State criteria for funds expenditures from the various "Pots" of funding, and
integrate RESTORE plans with NRDA programs to maximize available funding from both
programs.
4. Detailed planning
a. Selection of projects/programs.
b. Categorize projects/programs as to category (e.g., environmental; economic;
infrastructure; workforce creation/job development; mitigation; tourism; seafood
promotion; coastal flood protection; et.al.) to meet funding "rules". Example: A
stormwater project to build outfalls to clean up/protect Choctaw Bay could fall under
various categories, i.e., environmental, infrastructure, job creation, mitigation, and/or
coastal flood protection.
c. Cost estimation/allocation.
5. Write and submit plans to appropriate Federal and State agencies.
a. If can agree on some initial projects/programs, get those in writing and submitted
ASAP to aid economic recovery and growth; don't wait on "complete planning" for the total
funding.
b. Planning will get more defined after we know the fine amount.
6. Recommend BCC set a RESTORE Workshop (Suggested Dates: Aug 13 (Mon), Aug 14
(Tue), or Aug 15 (Wed) Note: Final Budget Workshop is Aug. 9.
11
0:\CEL\CEL12723.xm1 [file 4 of 10] S.L.C.
187
(4) DEADLINE. —The Secretary shall complete the report
under paragraph (1) by not later than 18 months after the date
of enactment of this Act.
(5) INTERIM REPORT. Not later than 90 days after the date
Of enactment of this Act, the Secretary shall submit to the Com-
mittees on Appropriations of the House of Representatives and
Senate, the Committee on Environment and Public Works of the
Senate, and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report describing —
(A) interim milestones that will be met prior to final
completion of the study and report under paragraph (1);
and
(B) funding necessary for completion of the study and
report under paragraph (1), including funding necessary
for completion of each interim milestone identified under
subparagraph (A).
Subtitle F--Gulf Coast Restoration
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the `Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012"
SEC. 1602. GULF COAST RESTORATION TRUST FUND.
(a) ESTABLISHMENT. —There is established in the Treasury of
the United States a trust fund to be known as the "Gulf Coast Res-
toration Trust Fund" (referred to in this section as the "Trust
Fund'9, consisting of such amounts as are deposited in the Trust
Fund under this Act or any other provision of law.
(b) TRANSFERS. —The Secretary of the Treasury shall deposit in
the Trust Fund an amount equal to 80 percent of all administrative
and civil penalties paid by responsible parties after the date of en-
actment of this Act in connection with the explosion on, and sinking
of, the mobile offshore drilling unit Deepwater Horizon pursuant to
a court order, negotiated settlement, or other instrument in accord-
ance with section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321).
(c) B"ENDITURES.Amounts in the Trust Fund, including in-
terest earned on advances to the Trust Fund and proceeds from in-
vestment under subsection (d), shall—
(1) be available for expenditure, without further appropria-
tion, solely for the purpose and eligible activities of this subtitle
and the amendments made by this subtitle; and
(2) remain available until expended, without fiscal year
limitation.
(d) INVESTMENT. Amounts in the Trust Fund shall be invested
in accordance with section 9702 of title 31, United States Code, and
any interest on, and proceeds from, any such investment shall be
available for expenditure in accordance with this subtitle and the
amendments made by this subtitle.
(e) ADIENISTRAmN. Not later than 180 days after the date of
enactment of this Act, after providing notice and an opportunity for
public comment, the Secretary of the Treasury, in consultation with
the Secretary of the Interior and the Secretary of Commerce, shall
0:\CEL\CEL12723.xm1 [file 4 of 10] S.L.C.
188
establish such procedures as the Secretary determines to be nec-
essary to deposit amounts in, and expend amounts from, the Trust
Fund pursuant to this subtitle, including—
(1) procedures to assess whether the programs and activi-
ties carried out under this subtitle and the amendments made
by this subtitle achieve compliance with applicable require-
ments, including procedures by which the Secretary of the
Treasury may determine whether an expenditure by a Gulf
Coast State or coastal political subdivision (as those terms are
defined in section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321)) pursuant to such a program or activity
achieves compliance;
(2) auditing requirements to ensure that amounts in the
Trust Fund are expended as intended; and
(3) procedures for identification and allocation of funds
available to the Secretary under other provisions of law that
may be necessary to pay the administrative expenses directly at-
tributable to the management of the Trust Fund.
(fl SuNSET.—The authority for the Trust Fund shall terminate
on the date all funds in the Trust Fund have been expended.
SEC. 1603. GULF COAST NATURAL RESOURCE$ RESTORATION AND
ECONOMIC RECOVERY.
Section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321) is amended—
(1) in subsection (a) —
(A) in paragraph (25)(B), by striking "and" at the end;
(B) in paragraph (26)(D), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
"(27) the term 'best available science' means science that —
"(A) maximizes the quality, objectivity, and integrity of
information, including statistical information;
and "(B) uses peer -reviewed and publicly available data;
"(C) clearly documents and communicates risks and
uncertainties in the scientific basis for such projects;
"(28) the term `Chairperson' means the Chairperson of the
Council;
"(29) the term 'coastal political subdivision' means any
local political jurisdiction that is immediately below the State
level of government, including a county, parish, or borough,
with a coastline that is contiguous with any portion of the
United States Gulf of Mexico;
"(30) the term 'Comprehensive Plan' means the comprehen-
sive plan developed by the Council pursuant to subsection (t);
'(31) the term 'Council' means the Gulf Coast Ecosystem
Restoration Council established pursuant to subsection (t);
"(32) the term Deepwater Horizon oil spill' means the blow-
out and explosion of the mobile offshore drilling unit Deepwater
Horizon that occurred on April 20, 2010, and resulting hydro-
carbon releases into the environment; .
"(33) the term 'Gulf Coast region' meags—
"(A) in the Gulf Coast States, the coastal zones (as that
term is defined in section 304 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1453)), except that, in this sec-
0:\CEL\CEL12723.xm1 [file 4 of 101 S.L.C.
189
tion, the term `coastal zones' includes land within the coast-
al zones that is held in trust by, or the use of which is by
law subject solely to the discretion of, the Federal Govern-
ment or officers or agents of the Federal Government)) that
border the Gulf of Mexico,
"(B) any adjacent land, water, and watersheds, that
are within 25 miles of the coastal zones described in sub-
paragraph (A) of the Gulf Coast States; and
(C) all Federal waters in the Gulf of Mexico;
"(34) the term `Gulf Coast State' means any of the States
of Alabama, Florida, Louisiana, Mississippi, and Texas, and
"(35) the term 'Trust Fund' means the Gulf Coast Restora-
tion Trust Fund established pursuant to section 1602 of the Re-
sources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012.",
(2) in subsection (s), by inserting "except as provided in
subsection (t)" before the period at the end; and
(3) by adding at the end the following:
"(t) GULF COAST RESTORATION AND RECOVERY.—
"(1) STATE ALLOCATION AND EXPENDITURES. —
"(A) IN GENERAL. —Of the total amounts made avail-
able in any fiscal year from the Trust Fund, 35 percent
shall be available, in accordance with the requirements of
this section, to the Gulf Coast States in equal shares for ex-
penditure for ecological and economic restoration of the
Gulf Coast region in accordance with this subsection.
"(B) USE OF FUNDS.—
"(i) ELIGIBLE ACTIVITIES IN THE GULF COAST RE-
GION. —Subject to clause (iii), amounts provided to the
Gulf Coast States under this subsection may only be
used to carry out 1 or more of the following activities
in the Gulf Coast region:
"(I) Restoration and protection of the natural
resources, ecosystems, fisheries, marine and wild-
life habitats, beaches, and coastal wetlands of the
Gulf Coast region.
"(II) Mitigation of damage to fish, wildlife,
and natural resources.
"(III) Implementation of a federally approved
marine, coastal, or comprehensive conservation
management plan, including fisheries monitoring.
Workforce development and job creation.
"M Improvements to or on State parks located
in coastal areas affected by the Deepwater Horizon
oil spill.
"(VI) Infrastructure projects benefitting the
economy or ecological resources, including port in-
frastructure.
"(VH) Coastal flood protection and related in-
frastructure.
"(VIII) Planning assistance.
"(IX) Administrative costs of complying with
this subsection.
"(ii) ACTIVITIES TO PROMOTE TOURISM AND SEA-
FOOD IN THE GULF COAST REGION. Amounts provided
0:\CEL\CEL12723.xn1 [file 4 of 101 S.L.C.
190
to the Gulf Coast States under this subsection may be
used to carry out 1 or more of the following activities:
"a) Promotion of tourism in the Gulf Coast
Region, including recreational fishing.
"(II) Promotion of the consumption of seafood
harvested from the Gulf Coast Region.
"(iii) LIMITATIom—
`YI) IN GENERAL. —Of the amounts received by
a Gulf Coast State under this subsection, not more
than 3 percent may be used for administrative
costs eligible under clause (i)(M.
`YII) CLAIMS FOR COMPENSATION. Activities
funded under this subsection may not be included
in any claim for compensation paid out by the Oil
Spill Liability Trust Fund after the date of enact-
ment of this subsection.
"(C) COASTAL POLITICAL SUBDIVISIONS.—
"(i) DISTRIBUTION. In the case of a State where
the coastal zone includes the entire State —
"(I) 75 percent of funding shall be provided di-
rectly to the 8 disproportionately affected counties
impacted by the Deepwater Horizon oil spill; and
`(II) 25 percent shall be provided directly to
nondisproportionately impacted counties within
the State.
`(ii) NONDISPROPORmNATELY IMPACTED COUN-
TIES. —The total amounts made available to coastal po-
litical subdivisions in the State of Florida under clause
(i)(II) shall be distributed according to the following
weighted Formula:
`(I) 34 percent based on the weighted average
of the population of the county.
"(II) 33 percent based on the weighted average
of the county per capita sales tax collections esti-
mated for fiscal year 2012.
`YIII) 33 percent based on the inverse propor-
tion of the weighted average distance from the
Dee water Horizon oil rig to each of the nearest
and farthest points of the shoreline.
"(D) LOUISIANA.—
`(i) IN GENERAL. —Of the total amounts made
available to the State of Louisiana under this para-
graph:
"a) 70 percent shall be provided directly to the
State in accordance with this subsection.
`YII) 30 percent shall be provided directly to
parishes in the coastal zone (as defined in section
304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453)) of the State of Louisiana accord-
ing to the following weighted formula:
"(aa) 40 percent based on the weighted av-
erage of miles of the parish shoreline oiled.
`(bb) 40 percent based on the weighted av-
erage of the population of the parish.
0:\CEL\CEL12723.xml [file 4 of 101 S.L.C.
191
"(cc) 20 percent based on the weighted av-
erage of the land mass of the parish.
"(ii) CONDITIONS. —
"(I) LAND USE PLAN. As a condition of receiv-
ing amounts allocated under this paragraph, the
chief executive of the eligible parish shall certify to
the Governor of the State that the parish has com-
pleted a comprehensive land use plan.
"(II) OTHER CONDITIONS.A coastal political
subdivision receiving funding under this para-
graph shall meet all of the conditions in subpara-
graph (E).
"(E) CONDITIONS. As a condition of receiving amounts
from the Trust Fund, a Gulf Coast State, including the en-
tities described in subparagraph (F), or a coastal political
subdivision shall—
"(i) agree to meet such conditions, including audit
requirements, as the Secretary of the Treasury deter-
mines necessary to ensure that amounts disbursed from
the Trust Fund will be used in accordance with this
subsection;
"(ii) 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 —
"(I) is designed to restore and protect the nat-
ural resources, ecosystems, fisheries, marine and
wildlife habitats, beaches, coastal wetlands, or
economy of the Gulf Coast;
"(II) carries out 1 or more of the activities de-
scribed in clauses (i) and (ii) of subparagraph (B);
WID was selected based on meaningful input
from the public, including broad -based participa-
tion from individuals, businesses, and nonprofit
organizations; and
"(W) in the case of a natural resource protec-
tion or restoration project, is based on the best
available science;
"(iii) certify that the project or program and the
awarding of a contract for the expenditure of amounts
received under this paragraph are consistent with the
standard procurement rules and regulations governing
a comparable project or program in that State, includ-
ing all applicable competitive bidding and audit re-
quirements; and
"(iv) develop and submit a multiyear implementa-
tion plan for the use of such amounts, which may in-
clude milestones, projected completion of each activity,
and a mechanism to evaluate the success of each activ-
ity in helping to restore and protect the Gulf Coast re-
gion impacted by the Deepwater Horizon oil spill.
"(F) APPROVAL BY STATE ENTITY, TASK FORCE, OR AGEN-
CY. —The following Gulf Coast State entities, task forces, or
agencies shall carry out the duties of a Gulf Coast State
pursuant to this paragraph:
0ACEL\CEL12723.xm1 [file 4 of 101 S.L.C.
192
`Yi) ALAB"A.—
"(I) IN GENERAL. In the State of Alabama, the
Alabama Gulf Coast Recovery Council, which shall
be comprised of only the following:
"(aa) The Governor of Alabama, 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 Coast Recovery Council in
the absence of the Chairperson.
`Ycc) The Chairman of the Baldwin Coun-
ty Commission.
`(dd) The President of the Mobile County
Commission.
`Yee) The Mayor of the city of Bayou La
Batre.
"()i The Mayor of the town of Dauphin Is-
land.
"(gg) The Mayor of the city of Fairhope.
"(hh) The Mayor of the city of Gulf Shores.
`Yii) The Mayor of the city of Mobile.
"CY) The Mayor of the city of Orange
Beach.
"(II) VOTE. Each member of the Alabama
Gulf Coast Recovery Council shall be entitled to 1
vote.
`YIII) MAJORITY VOTE. All decisions of the
Alabama Gulf Coast Recovery Council shall be
made by majority vote.
"(IV) LIMITATION ON ADMINISTRATIVE EX-
PENSES. Administrative duties for the Alabama
Gulf Coast Recovery Council may only be per-
formed by public officials and employees that are
subject to the ethics laws of the State of Alabama.
`(ii) LOVISIANA. In the State of Louisiana, the
Coastal Protection and Restoration Authority of Lou-
isiana.
`Yiii) Mississippi. —In the State of Mississippi, the
Mississippi Department of Environmental Quality.
"(iv) TEXAS. In the State of Texas, the Office of
the Governor or an appointee of the Office of the Gov-
ernor.
"(G) COMPLIANCE WITH ELIGIBLE ACTIVITIES. If the
Secretary of the Treasury determines that an expenditure
by a Gulf Coast State or coastal political subdivision of
amounts made available under this subsection does not
meet one of the activities described in clauses (i) and (ii) of
subparagraph (B), the Secretary shall make no additional
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—
0:\CEL\CEL12723.xml [file 4 of 101 S.L.C.
193
`(i) has been deposited by the Gulf Coast State or
coastal political subdivision in the Trust Fund; or
`Yii) has been authorized by the Secretary of the
Treasury for expenditure by the Gulf Coast State or
coastal political subdivision for a project or program
that meets the requirements of this subsection.
"(H) COMPLIANCE WITH CONDITIONS. If the Secretary
of the Treasury determines that a Gulf Coast State or coast-
al political subdivision does not meet the requirements of
this paragraph, including the conditions of subparagraph
(E), 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
conditions of this paragraph are met.
"a) PUBLIC INPUT In meeting any condition of this
paragraph, a Gulf Coast State may use an appropriate pro-
cedure for public consultation in that Gulf Coast State, in-
cluding consulting with one or more established task forces
or other entities, to develop recommendations for proposed
projects and programs that would restore and protect the
natural resources, ecosystems, fisheries, marine and wild-
life habitats, beaches, coastal wetlands, and economy of the
Gulf Coast.
"(J) PREVIOUSLY APPROVED' PROJECTS AND PRO-
GRAMS. A Gulf Coast State or coastal political subdivision
shall be considered to have met the conditions of subpara-
graph (E) for a specific project or program if, before the
date of enactment of the Resources and Ecosystems Sus-
tainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012—
"(4) the Gulf Coast State or coastal political sub-
division has established conditions for carrying out
projects and programs that are substantively the same
as the conditions described in subparagraph (E); and
YYii) the applicable project or program carries out
1 or more of the activities described in clauses (i) and
(ii) of subparagraph (B).
"(Il7 LOCAL PREFERENCE. In awarding contracts to
carry out a project or program under this paragraph, a
Gulf Coast State or coastal political subdivision may give
a preference to individuals and companies that reside in,
are headquartered in, or are principally engaged in busi-
ness in the State of project execution.
"(L) UNUSED FUNDS. Funds allocated to a State or
coastal political subdivision under this paragraph shall re-
main in the Trust Fund until such time as the State or
coastal political subdivision develops and submits a plan
identifying uses for those funds in accordance with sub-
paragraph (E)(iv).
(M) JUDICIAL REVIEW. If the Secretary of the Treas-
ury determines that a Gulf Coast State or coastal political
subdivision does not meet the requirements of this para-
graph, including the conditions of subparagraph (E), the
Gulf Coast State or coastal political subdivision may obtain
expedited judicial review within 90 days after that decision
0:\CEL\CEL12723.xm1 [file 4 of 10] S.L.C.
194
in a district court of the United States, of appropriate juris-
diction and venue, that is located within the State seeking
the review.
"(N) COST-SHARING.—
"(i) IN GENERAL. —A Gulf Coast State or coastal
political subdivision may use, in whole or in part,
amounts made available under this paragraph to that
Gulf Coast State or coastal political subdivision to sat-
isfy the non -Federal share of the cost of any project or
program authorized by Federal law that is an eligible
activity described in clauses (i) and (ii) of subpara-
graph (B).
"(ii) 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 in which other Federal funds are allocated or
awarded.
"(2) COUNCIL ESTABLISHMENT AND ALLOCATION. —
`(A) IN GENERAL. —Of the total amount made available
in any fiscal year from the Trust Fund, 30 percent shall be
disbursed to the Council to carry out the Comprehensive
Plan.
"(B) COUNCIL EXPENDITURES.—
`(i) IN GENERAL. In accordance with this para-
graph, the Council shall expend funds made available
from the Trust Fund to undertake projects and pro-
grams, using the best available science, that would re-
store and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches, coastal
wetlands, and economy of the Gulf Coast.
"(ii) ALLOCATION AND EXPENDITURE PROCE-
DURES. —The Secretary of the Treasury shall develop
such conditions, including audit requirements, as the
Secretary of the Treasury determines necessary to en-
sure that amounts disbursed from the Trust Fund to
the Council to implement the Comprehensive Plan will
be used in accordance with this paragraph.
"(iii) ADMINISTRATIVE EXPENSES. —Of the amounts
received by the Council under this paragraph, not more
than 3 percent may be used for administrative ex-
penses, including staff.
"(C) GULF COAST ECOSYSTEM RESTORATION COUNCIL.—
"(i) ESTABLISHMENT. —There is established as an
independent entity in the Federal Government a coun-
cil to be known as the `Gulf Coast Ecosystem Restora-
tion Council'.
"(ii) 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 Sec-
retary or the equivalent:
"a) The Secretary of the Interior.
`aV The Secretary of the Army.
`YIII) The Secretary of Commerce.
WCEUCEL12721=1 [file 4 of 101 S.L.C.
195
"(IV) The Administrator of the Environmental
Protection Agency.
`(V) The Secretary of Agriculture.
"(VI) The head of the department in which the
Coast Guard is operating.
"(VII) The Governor of the State of Alabama.
"(VIII) The Governor of the State of Florida.
'71K) The Governor of the State of Louisiana.
"(X) The Governor of the State of Mississippi.
"(XI) The Governor of the State of Texas.
"(iii) ALTERNATE. —A Governor appointed to the
Council by the President may designate an alternate to
represent the Governor on the Council and vote on be-
half of the Governor.
`Yiv) CHAIRPERSON. From among the Federal
agency members of the Council, the representatives of
States on the Council shall select, and the President
shall appoint, I Federal member to serve as Chair-
person of the Council.
"(v) PRESIDENTIAL APPOINTMENT. All Council
members shall be appointed by the President.
"(vi) COUNCIL ACTIONS. —
`a) IN GENERAL. —The following actions by the
Council shall require the affirmative vote of the
Chairperson and a majority of the State members
to be effective:
"(aa) Approval of a Comprehensive Plan
and future revisions to a Comprehensive Plan.
"(bb) Approval of State plans pursuant to
paragraph (3)(B)(iv).
"(cc) Approval of reports to Congress pur-
suant to clause MOTH).
"(dd) Approval of transfers pursuant to
subparagraph (E)(ii)().
`Yee) Other significant actions determined
by the Council.
"(II) QUORUM.A majority of State members
shall be required to be present for the Council to
take any significant action.
"(III) AFFIRMATIVE VOTE REQUIREMENT CON-
SIDERED MET. For approval of State plans pursu-
ant to 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 para-
graph (3)(B), when joined by an affirmative vote of
the Federal Chairperson of the Council, shall be
considered to satisfy the requirements for affirma-
tive votes under subclause (I).
"(IV) PUBLIC TRANSPARENCY. —Appropriate ac-
tions of the Council, including significant actions
and associated deliberations, shall be made avail-
able to the public via electronic means prior to any
vote.
"(vii) DUTIES OF COUNCIL. —The Council shall—
O:\CEUCEL12723.xm1 [file 4 of 101 S.L.C.
196
"(I) develop the Comprehensive Plan and fu-
ture revisions to the Comprehensive Plan;
"QI) identify as soon as practicable the projects
that—
"(aa) have been authorized prior to the
date of enactment of this subsection but not yet
commenced; and
"(bb) if implemented quickly, would re-
store and protect the natural resources, eco-
systems, fisheries, marine and wildlife habi-
tats, beaches, barrier islands, dunes, and
coastal wetlands of the Gulf Coast region;
"(III) establish such other 1 or more advisory
committees as may be necessary to assist the Coun-
cil, including a scientific advisory committee and a
committee to advise the Council on public policy
issues;
"(IV) collect and consider scientific and other
research associated with restoration of the Gulf
Coast ecosystem, including research, observation,
and monitoring carried out pursuant to sections
1604 and 1605 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012;
"(V) develop standard terms to include in con-
tracts for projects and programs awarded pursu-
ant to the Comprehensive Plan that provide a pref-
erence to individuals and companies that reside in,
are headquartered in, or are principally engaged
in business in a Gulf Coast State;
"(VI) prepare an integrated financial 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
"(VII) submit to Congress an annual report
that—
"(aa) summarizes the policies, strategies,
plans, and activities for addressing the res-
toration and protection of the Gulf Coast re-
gion;
"(bb) describes the projects and programs
beingimplemented to restore and protect the
Gulf oast reion, including —
,cow a list of each project and pro-
gram;
"(BB) an identification of the funding
provided to projects and programs identi-
fied in subitem (AA);
`(CC) an identification of each recipi-
ent for funding identified in subitem (BB);
and
"(DD) a description of the length of
time and funding needed to complete the
0:\CEL\CEL12723.=1 [file 4 of 101 S.L.C.
197
objectives of each project and program
identified in subitem (AA);
"(cc) makes such recommendations to Con-
gress for modifications of existing laws as the
Council determines necessary to implement the
Comprehensive Plan;
`(dd) reports on the progress on implemen-
tation of each project or program —
"(AA) after 3 years of ongoing activity
of the project or program, if applicable;
and
"(BB) on completion of the project or
program;
"(ee) includes the information required to
be submitted under section 1605(c)(4) of the
Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012; and
`(f� submits the reports required under
item`(dd) to —
"(AA) the Committee on Science,
Space, and Technology, the Committee on
Natural Resources, the Committee on
Transportation and Infrastructure, and
the Committee on Appropriations of the
House of Representatives; and
"(BB) the Committee on Environment
and Public Works, the Committee on Com-
merce, Science, and Transportation, the
Committee on Energy and Natural Re-
sources, and the Committee on Appropria-
tions of the Senate.
"(viii) APPLICATION OF FEDERAL ADVISORY COM-
MITTEE ACT. —The Council, or any other advisory com-
mittee established under this subparagraph, shall not
be considered an advisory committee under the Federal
Advisory Committee Act (5 U.S.C. App.).
"(rx) SUNSET. —The authority for the Council, and
an other advisory committee established under this
subparagraph, shall terminate on the date all funds in
the Trust Fund have been expended.
"(D) COMPREHENSIVE PLAN. —
PROPOSED PLAN .—
"(7) IN GENERAL. Not later than 180 days
after the date of enactment of the Resources and
Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States
Act of 2012, the Chairperson, on behalf of the
Council and after approprurte public input, review,
and comment, shall publish a proposed plan to re-
store and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches,
and coastal wetlands of the Gulf Coast region.
"(71) INCLUSIONS. —The proposed plan de-
scribed in subclause (I) shall include and incor-
0:\CEL\CEL12723.xxnl [file 4 of 10) S.L.C.
198
porate the findings and information prepared by
the President's Gulf Coast Restoration Task Force.
"(ii) PUBLICAnom—
"(I) INITIAL PLAN. Not later than 1 year after
the date of enactment of the Resources and Eco-
systems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of
2012 and after notice and opportunity for public
comment, the Chairperson, on behalf of the Coun-
cil and after approval by the Council, shall pub-
lish in the Federal Register the initial Comprehen-
sive Plan to restore and protect the natural re-
sources, ecosystems, fisheries, marine and wildlife
habitats, beaches, and coastal wetlands of the Gulf
Coast region.
"QI) COOPERATION WITH GULF COAST RESTORA-
TION TASK FORCE. —The Council shall develop the
initial Comprehensive Plan in close coordination
with the President's Gulf Coast Restoration Task
Force.
"(III) CONSIDERATIONS. In developing the ini-
tial Comprehensive Plan and subsequent updates,
the Council shall consider all relevant findings, re-
ports, or research prepared or funds under sec-
tion 1604 or 1605 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012.
"(IV) CONTENTS. —The initial Comprehensive
Plan shall include—
`Yaa) such provisions as are necessary to
fully incorporate in the Comprehensive Plan
the strategy, projects, and programs rec-
ommended by the President's Gulf Coast Res-
toration Task Force;
`(bb) a list of any project or program au-
thorized prior to the date of enactment of this
subsection but not yet commenced, the comple-
tion of which would further the purposes and
goals of this subsection and of the Resources
and Ecosystems Sustainability, Tourist Oppor-
tunities, and Revived Economies of the Gulf
Coast States Act of 2012;
"(cc) a description of the manner in which
amounts from the Trust Fund projected to be
made available to the Council for the suc-
ceeding 10 years will be allocated; and
"(dd) subject to available funding in ac-
cordance with clause (iii), a prioritized list of
specific projects and programs to be funded
and carried out during the 3-year period im-
mediately following the date of publication of
the initial Comprehensive Plan, including a
table that illustrates the distribution of
projects and programs by the Gulf Coast
State.
0:\CEL\CEL12723.xm1 [file 4 of 101 S.L.C.
199
`(V) PLAN UPDATES. —The Council shall up-
date—
"(aa) the Comprehensive Plan every 5
years in a manner comparable to the manner
established in this subparagraph for each 5-
year period for which amounts are expected to
be made available to the Gulf Coast States
from the Trust Fund; and
`(bb) the 3-year list of projects and pro-
grams described in subclause (IV)(dd) annu-
ally.
"(W) RESTORATION PRIORITIES. Except for
projects and programs described in clause (ii)(IV)(bb),
in selecting projects and programs to include on the 3-
year list described in clause (ii)(1V)(dd), based on the
best available science, the Council shall give highest
priority to projects that address 1 or more of the fol-
lowing criteria:
`a) Projects that are projected to make the
greatest contribution to restoring and protecting
the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, and coastal wet-
lands of the Gulf Coast region, without regard to
geographic location within the Gulf Coast region.
`YII) Large-scale projects and programs that
are projected to substantially contribute to restor-
ing and protecting the natural resources, eco-
systems, heries, marine and wildlife habitats,
beaches, and coastal wetlands of the Gulf Coast
ecosystem.
`YIII) Projects contained in existing Gulf Coast
State comprehensive plans for the restoration and
protection of natural resources, ecosystems, fish-
eries, marine and wildlife habitats, beaches, and
coastal wetlands of the Gulf Coast region.
`(TV) Projects that restore long-term resiliency
of the natural resources, ecosystems, fisheries, ma-
rine and wildlife habitats, beaches, and coastal
wetlands most impacted by the Deepwater Horizon
oil spill.
`(E) IMPLEMENTATION.—
`(i) IN GENERAL. —The Council, acting through the
Federal agencies represented on the Council and Gulf
Coast States, shall expend funds made available from
the Trust Fund to carry out projects and programs
adopted in the Comprehensive Plan.
"(ii) ADMINISTRATIVE RESPONSIBILITY. —
"(I) IN GENERAL. Primary authority and re-
sponsibility 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 Federal agency.
WV TRANSFER OF AMOUNTS. Amounts nec-
essary to carry out each project or program in-
cluded in the Comprehensive Plan shall be trans-
WCEWEL12723=1 [file 4 of 101 S.L.C.
200
(erred by the Secretary of the Treasury from the
Trust Fund to that Federal agency or Gulf Coast
State as the project or program is implemented,
subject to such conditions as the Secretary of the
Treasury, in consultation with the Secretary of the
Interior and the Secretary of Commerce, estab-
lished pursuant to section 1602 of the Resources
and Ecosystems Sustainability, Tourist Opportuni-
ties, and Revived Economies of the Gulf Coast
States Act of 2012.
"(III) LIMITATION ON TRANSFERS.—
"(aa) GRANTS TO NONGOVERNMENTAL EN-
TTTIES. In the case of funds transferred to a
Federal or State agency under subclause (II),
the agency shall not make 1 or more grants or
cooperative agreements to a nongovernmental
entity if the total amount provided to the enti-
ty would equal or exceed 10 percent of the total
amount provided to the agency for that par-
ticular project or program, unless the 1 or
more grants have been reported in accordance
with item (bb).
"(bb) REPORTING OF GRANTEES. At least
30 days prior to making a grant or entering
into a cooperative agreement described in item
(aa), the name of each grantee, including the
amount and purpose of each grant or coopera-
tive agreement, shall be published in the Fed-
eral Register and delivered to the congres-
sional committees listed in subparagraph
(C)(vii)(VII)(ff).
"(6c) ANNUAL REPORTING OF GRANTEES. —
Annually, the name of eachgrantee, including
the amount and purposes of each grant or co-
operative agreement, shall be published in the
Federal Register and delivered to Congress as
part of the report submitted pursuant to sub-
paragraph (C)(vii)(VIA
"(IV) PROJECT AND PROGRAM LIMITATION. —
The Council, a Federal agency, or a State may not
carry out a project or program funded under this
paragraph outside of the Gulf Coast region.
`(F) COORDINATION. —The Council and the Federal
members of the Council may develop memoranda of under-
standing establishing integrated funding and implementa-
tion plans among the member agencies and authorities.
"(3) OIL SPILL RESTORATION IMPACT ALLOCATION. —
`(A) IN GENERAL.—
"(i) DISBURSEMENT. —Of the total amount made
available from the Trust Fund, 30 percent shall be dis-
bursed pursuant to the formula in clause (ii) to the
Gulf Coast States on the approval of the plan described
in subparagraph (B)(i).
`(4) FORMULA. --Subject to subparagraph (B), for
each Gulf Coast State, the amount disbursed under
0:\CEL\CEL12723.xm1 [file 4 of 10] S.L.C.
201
this paragraph shall be based on a formula established
by the Council by regulation that is based on a weight-
ed average of the following criteria:
"(7) 40 percent based on the proportionate
number of miles of shoreline in each Gulf Coast
State that experienced oiling on or before April 10,
2011, compared to the total number of miles of
shoreline that experienced oiling as a result of the
Deepwater Horizon oil spill.
`(II) 40 percent based on the inverse propor-
tion of the average distance from the mobile off-
shore drilling unit Deepwater Horizon at the time
of the explosion to the nearest and farthest point of
the shoreline that experienced oiling of each Gulf
Coast State.
"(III) 20 percent based on the average popu-
lation in the 2010 decennial census of coastal
counties bordering the Gulf of Mexico within each
Gulf Coast State.
"(iii) MnvIMUM ALLOCATION. —The amount dis-
bursed to a Gulf Coast State for each fiscal year under
clause (ii) shall be at least 5 percent of the total
amounts made available under this paragraph.
"(B) DISBURSEMENT OF FuNDs.—
"(i) IN GENERAL. —The Council shall disburse
amounts to the respective Gulf Coast States in accord-
ance with the formula developed under subparagraph
(A) for projects, programs, and activities that will im-
prove the ecosystems or economy of the Gulf Coast re-
gion, subject to the condition that each Gulf Coast
State submits a plan for the expenditure of amounts
disbursed under this paragraph that meets the fol-
lowing criteria:
`(I) All projects, programs, and activities in-
cluded in the plan are eligible activities pursuant
to clauses (i) and (ii) of paragraph (1)(B).
`aV The projects, programs, and activities in-
cluded in the plan contribute to the overall eco-
nomic and ecological recovery of the Gulf Coast.
`(III) The plan takes into consideration the
Comprehensive Plan and is consistent with the
goals and objectives of the Plan, as described in
paragraph (2)(B)(i).
`(4) FvNDING.—
"(I) IN GENERAL. Except as provided in sub -
clause (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 (VI) and (VII) of paragraph (1)(B)(i).
"(II) EXCEPTION. —The plan described in
clause (i) may propose to use more than 25 percent
of the funding made available for infrastructure
projects eligible under subclauses (VI) and (VII) of
paragraph (1)(B)(i) if the plan certifies that—
0:\CEL\CEL12723.xml [file 4 of 101 S.L.C.
202
"(aa) ecosystem restoration needs in the
State will be addressed by the projects in the
proposed plan; and
"(bb) additional investment in infrastruc-
ture is required to mitigate the impacts of the
Deepwater Horizon Oil Spill to the ecosystem
or economy.
"(iii) DEVELOPMENT. —The plan described in clause
(i) shall be developed by —
"(I) in the State of Alabama, the Alabama
Gulf Coast Recovery Council established under
paragraph (I)(F)(i);
"(II) in the State of Florida, a consortia of
local political subdivisions that inclu es at a min- ,
imum I representative of each affected county;
"(III) in the State of Louisiana, the Coastal
Protection and Restoration Authority of Louisiana;
"(IV) in the State of Mississippi, the Office of
the Governor or an appointee of the Office of the
Governor; and
"(V) in the State of Texas, the Office of the
Governor or an appointee of the Once of the Gov-
ernor.
"(iv) APPROVAL. Not later than 60 days after the
date on which a plan is submitted under clause (i), the
Council shall approve or disapprove the plan based on
the conditions of clause (i).
"(C) DISAPPROVAL. I f the Council disapproves a plan
pursuant to subparagraph (B)(iv), the Council shall —
and "(i) provide the reasons for disapproval in writing;
"(ii) consult with the State to address any identi-
fied deficiencies with the State plan.
"(D) FAILURE TO SUBMIT ADEQUATE PLAN. If a State
fails to submit an adequate plan under this paragraph, any
funds made available under this paragraph shall remain
in the Trust Fund until such date as a plan is submitted
and approved pursuant to this paragraph.
"(E) JUDICIAL REVIEW. If the Council fails to approve
or take action within 60 days on a plan, as described in
subparagraph (B)(iv), the State may obtain expedited judi-
cial 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 the review.
"(F) COST-SHARING.—
"(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 under this paragraph to
satisfy the non -Federal share of any project or program
that —
"(I) is authorized by other Federal law; and
"(II) is an eligible activity described in clause
(i) or (ii) of paragraph (I)(B).
0:\CEL\CEL12723.xm1 [file 4 of 101 S.L.C.
203
"(4) EFFECT ON OTHER FUNDS. —The use of funds
made available from the Trust Fund under this para-
graph to satisfy the non -Federal share of the cost of a
project or program described in clause (i) shall not af-
fect the priority in which other Federal funds are allo-
cated or awarded.
"(4) AUTHORIZATION OF INTEREST TRANSFERS. —Of the total
amount made available for any fiscal year from the Trust Fund
that is equal to the interest earned by the Trust Fund and pro-
ceeds from investments made by the Trust Fund in the pre-
ceding fiscal year —
`(A) 50 percent shall be divided equally between—
"(i) the Gulf Coast Ecosystem Restoration Science,
Observation, Monitoring, and Technology program au-
thorized in section 1604 of the Resources and Eco-
systems Sustainability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast States Act of 2012;
and
"(ii) the centers of excellence research grants au-
thorized in section 1605 of that Act; and
"(B) 50 percent shall be made available to the Gulf
Coast Ecosystem Restoration Council to carry out the Com-
prehensive Plan pursuant to paragraph (2).".
SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSER-
VATION, MONITORING, AND TECHNOLOGY PROGRAM.
(a) DEFINITIONS. In this section:
(1) ADMINISTRATOR. —The term `Administrator" means the
Administrator of the National Oceanic and Atmospheric Ad-
ministration.
(2) Com wsslom—The term "Commission" means the Gulf
States Marine Fisheries Commission.
(3) DIRECTOR. —The term "Director" means the Director of
the United States Fish and Wildlife Service.
(4) PROGRAM. —The term `program" means the Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and
Technology program established under this section.
(b) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL. Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with
the Director, shall establish the Gulf Coast Ecosystem Restora-
tion Science, Observation, Monitoring, and Technology program
to carry out research, observation, and monitoring to support,
to the maximum extent practicable, the long-term sustainability
of the ecosystem, fish stocks, fish habitat, and the recreational,
commercial, and charter ftshing industry in the Gulf of Mexico.
(2) EXPENDITURE OF FUNDS. For each fiscal year, amounts
made available to carry out this subsection may be expended
for, with respect to the Gulf of Mexico —
(A) marine and estuarine research,
(B) marine and estuarine ecosystem monitoring and
ocean observation;
(C) data collection and stock assessments;
(D) pilot programs for—
W fishery independent data; and
0:\CEL\CEL12723.=1 [file 4 of 101 S.L.C.
204
(ii) reduction of exploitation of spawning aggrega-
tions; and
(E) cooperative research.
(3) COOPERATION WITH THE COMMISSION. For each fiscal
year, amounts made available to carry out this subsection may
be transferred to the Commission to establish a fisheries moni-
torin� and research program, with respect to the Gulf of Mexico.
(4) CONSULTATION. —The Administrator and the Director
shall consult with the Regional Gulf of Mexico Fishery Manage-
ment Council and the Commission in carrying out the program.
(c) SPECIES INCLUDED. —The research, monitoring, assessment,
and programs eligible for amounts made available under the pro-
gram shall include all marine, estuarine, aquaculture, and fish spe-
cies in State and Federal waters of the Gulf of Mexico.
(d) RESEARCH PRIORITIES. In distributing funding under this
subsection, priority shall be given to integrated, long-term projects
that—
(1) build on, or are coordinated with, related research ac-
tivities; and
(2) address current or anticipated marine ecosystem, fish-
ery, or wildlife management information needs.
(e) DUPLICATION. In carrying out this section, the Adminis-
trator, in consultation with the Director, shall seek to avoid duplica-
tion of other research and monitoring activities.
(f) COORDINATION WITH OTHER PROGRAMS. —The Adminis-
trator, in consultation with the Director, shall develop a plan for the
coordination of projects and activities between the program and
other existing Federal and State science and technology programs in
the States of Alabama, Florida, Louisiana, Mississippi, and Texas,
as well as between the centers of excellence.
(g) LIMITATION oN EXPENDITUREs.—
(1) IN GENERAL. Not more than 3 percent of funds pro-
vided in subsection (h) shall be used r administrative ex-
penses.
(2) NOAA.—The funds provided in subsection (h) may not
be used —
(A) for any existing or planned research led by the Na-
tional Oceanic and Atmospheric Administration, unless
agreed to in writing by the grant recipient;
(B) to implement existing regulations or initiate new
regulations promulgated or proposed by the National Oce-
anic and Atmos heric Administration; or
(C) to develop or approve a new limited access privilege
program (as that term is used in section 303A of the Mag-
nuson -Stevens Fishery Conservation and Management Act
(16 U.S.C. 1853a)) for any fishery under the jurisdiction of
the South Atlantic, Mid -Atlantic, New England, or Gulf of
Mexico Fishery Management Councils.
(h) FUNDING. —Of the total amount made available for each fis-
cal year for the Gulf Coast Restoration Trust Fund established
under section 1602, 2.5 percent shall be available to carry out the
program.
W SUNSET. —The program shall cease operations when all
funds in the Gulf Coast Restoration Trust Fund established under
section 1602 have been expended.
0:\CEL\CEL12723.xm1 [file 4 of 101 S.L.C.
205
SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS.
(a) IN GENERAL. —Of the total amount made available for each
fiscal year from the Gulf Coast Restoration Trust Fund established
under section 1602, 2.5 percent shall be made available to the Gulf
Coast States (as defined in section 311(a) of the Federal Water Pol-
lution Control Act (as added by section 1603 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012)), in equal shares,
exclusively for grants in accordance with subsection (c) to establish
centers of excellence to conduct research only on the Gulf Coast Re-
gion (as defined in section 311 of the Federal Water Pollution Con-
trol Act (33. U.S.C. 1321)).
(b) APPROVAL BY STATE ENTITY, TASK FORCE, OR AGENCY. —The
duties of a Gulf Coast State under this section shall be carried out
by the applicable Gulf Coast State entities, task forces, or agencies
listed in section 311(t)(1)(F) of the Federal Water Pollution Control
Act (as added by section 1603 of the Resources and Ecosystems Sus-
tainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012), and for the State of Florida, a con-
sortium of public and private research institutions within the State,
which shall include the Florida Department of Environmental Pro-
tection and the Florida Fish and Wildlife Conservation Commis-
sion, for that Gulf Coast State.
(c) GRANTS.—
(1) IN GENERAL. --A Gulf Coast State shall use the amounts
made available to carry out this section to award competitive
grants to nongovernmental entities and consortia in the Gulf
Coast region (including public and private institutions of high-
er education) for the establishment of centers of excellence as de-
scribed in subsection W.
(2) APPLICATION. —To be eligible to receive a grant under
this subsection, an entity or consortium described in paragraph
(1) shall submit to a Gulf Coast State an application at such
time, in such manner, and containing such information as the
Gulf Coast State determines to be appropriate.
(3) PRIORITY. In awarding grants under this subsection, a
Gulf Coast State shall give priority to entities and consortia
that demonstrate the ability to establish the broadest cross-sec-
tion of participants with interest and expertise in any discipline
described in subsection (d) on which the proposal of the center
of excellence will be focused.
(4) REPORTING. —
(A) IN GENERAL. Each Gulf Coast State shall provide
annually to the Gulf Coast Ecosystem Restoration Council
established under section 311(t)(2)(C) of the Federal Water
Pollution Control Act (as added by section 1603 of the Re-
sources and Ecosystems Sustainability, Tourist Opportuni-
ties, and Revived Economies of the Gulf Coast States Act
of 2012) information regarding all grants, including the
amount, discipline or disciplines, and recipients of the
grants, and in the case of any grant awarded to a consor-
tium, the membership of the consortium.
(B) INCLUSION. —The Gulf Coast Ecosystem Restoration
Council shall include the information received under sub-
paragraph (A) in the annual report to Congress of the
0:\CEL\CEL12723.xm1 [file 4 of 101 S.L.C.
206
Council required under section 311(t)(2)(C)(vii)(V11) of the
Federal Water Pollution Control Act (as added by section
1603 of the Resources and Ecosystems Sustainability, Tour-
ist Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012).
(d) DISCIPLINES. Each center of excellence shall focus on
science, technology, and monitoring in at least 1 of the following
disciplines:
(1) Coastal and deltaic sustainability, restoration and pro-
tection, including solutions and technology that allow citizens
to live in a safe and sustainable manner in a coastal delta in
the Gulf Coast Region.
(2) Coastal fisheries and wildlife ecosystem research and
monitoring in the Gulf Coast Region.
(3) Offshore energy development, including research and
technology to improve the sustainable and safe development of
energy resources in the Gulf of Mexico.
(4) Sustainable and resilient growth, economic and com-
mercial development in the Gulf Coast Region.
(5) Comprehensive observation, monitoring, and mapping
of the Gulf of Mexico.
SEC. 1606. EFFECT.
(a) DEFINITION of DEEPWATER HORIZON OIL SPILL. In this
section, the term `Deepwater Horizon oil spill" has the meaning
given the term in section 311(a) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(a)).
(b) EFFECT AND APPLICATIoN. Nothing in this subtitle or any
amendment made by this subtitle—
(1) supersedes or otherwise affects any other provision of
Federal law, including, in particular, laws providing recovery
for injury to natural resources under the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.) and laws for the protection of
public health and the environment, or
(2) applies to any fine collected under section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) for any
incident other than the Deepwater Horizon oil spill.
(c) USE of FUNDS. Funds made available under this subtitle
may be used only for eligible activities specifically authorized by
this subtitle and the amendments made by this subtitle.
SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS.
(a) WILLING SELLER Funds made available under this sub-
title may only be used to acquire land or interests in land by pur-
chase, exchange, or donation from a willing seller.
(b) ACQUtsmoN of FEDERAL LAND. None of the funds made
available under this subtitle may be used to acquire land in fee title
by the Federal Government unless—
(1) the land is acquired by exchange or donation; or
(2) the acquisition is necessary for the restoration and pro-
tection of the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, and coastal wetlands of the Gulf
Coast region and has the concurrence of the Governor of the
State in which the acquisition will take place.
0:\CEL\CEL12723.xm1 [file 4 of 101 S.L.C.
207
SEC. 1608. INSPECTOR GENERAL.
The Office of the Inspector General of the Department of the
Treasury shall have authority to conduct, supervise, and coordinate
audits and investigations of projects, programs, and activitiesfund-
ed under this subtitle and the amendments made by this subtitle.
TITLE II "ERICA FAST FORWARD
FINANCING INNOVATION
SEC. 2001. SHORT TITLE.
This title may be cited as the "America Fast Forward Financing
Innovation Act of 2012".
SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNO-
VATION ACT OF 1998 AMENDMENTS.
Sections 601 through 609 of title 23, United States Code, are
amended to read as follows:
"§ 601. Generally applicable provisions
"(a) DEFINITIONS. In this chapter, the following definitions
apply:
"(1) CONTINGENT COMMITMENT. —The term `contingent com-
mitment' means a commitment to obligate an amount from fu-
ture available budget authority that is —
"(A) contingent on those funds being made available in
law at a future date; and
"(B) not an obligation of the Federal Government.
"(2) ELIGIBLE PROJECT COSTS. —The term `eligible project
costs' means amounts substantially all of which are paid by, or
for the account of, an obligor in connection with a project, in-
cluding the cost of —
"(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental re-
view, permitting, preliminary engineering and design work,
and other preconstruction activities;
"(B) construction, reconstruction, rehabilitation, re-
placement, and acquisition of real property (including land
relating to the project and improvements to land), environ-
mental mitigation, construction contingencies, and acquisi-
tion of equipment; and
"(C) capitalized interest necessary to meet market re-
quirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during con-
struction.
"(3) FEDERAL CREDIT INSTRUMENT. —The term T'ederal
credit instrument' means a secured loan, loan guarantee, or line
of credit authorized to be made available under this chapter
with respect to a project.
"(4) INVESTMENT -GRADE RATmG. The term 'investment -
grade rating' means a rating of BBB minus, Baa3, bbb minus,
BBB (low), or higher assigned by a rating agency to project ob-
ligations.
"(5) LENDER. —The term `lender' means any non -Federal
qualified institutional buyer (as defined in section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor regu-
vi
1 1, 1All,
The RESTORE Gulf Coast Act of 2012
Clean Water Act — Current Law
The Clean Water Act grants the federal
Environmental Protection Agency authori
to impose fines on parties responsible for
spills.
• These penalties are not required to be
returned or spent in the injured
jurisdictions.
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Gulf Coast Restoration Trust Fund
• Section 1602
• Establishes Gulf Coast Restoration Trust Fund
• Transfers Eighty (80%) percent
— Administrative and civil penalties
— Expenditure for prescribed purposes and eligible activities
— No time constraints on expenditures
• U. S Treasury (Interior & Commerce) —180 days
— Develop policies and procedures
— Develop oversight (auditing) requirements
— Develop identification and allocation of funds
• *Allocation formulas
— Florida 75/25
— Review State & County Compliance
• State Allocation/County (35%)
Gulf Coast Natural Resources Restoration and Economic
Section 1603 -- Amends Section 311 of the Federal
Water Pollution Act
"Coastal Political Subdivision" — any local political
subdivision that is immediately below the state.
including a county, parish or borough, with a coastline
Mexico
Gulf Coast Natural Resources Restoration and Econon
Gulf Coast Region —
— Gulf Coast States (Alabama, Florida. Louisiana, Mississippi and Texas
— The coastal zones (defined in Section 304 of the Coastal Zone
Management Act of 1972) except that in this section includes land
within the coastal zones that is held in turst or use by the federal
government, that border the Gulf of Mexico
— Any adjacent land, water, and watersheds, that are within 25 miles c
the coastal zones
— All federal waters in the Gulf of Mexico
9 01
Organizational Framework— Florida Model Only
• Council (Eleven Members)
— Comprehensive Plan
— Thirty (30%) percent
— Competitive
• Oil Impact Allocation - Consortium (State/Regional)
— Comprehensive Plan
— At least one representative of each affected county
— Thirty (30%) percent
— Weighted Allocation formula (19-20%)
• State Allocation — County
— Local Plan
Thirty (35%) percent
— Equal Shares
— 75/25
1/19/:.012 7
Gulf Coast Ecosystem Restoration Council (30%)
• Members (11)
— Federal (6 including Chair) — Interior, Army, Commerce, EPA,
Agriculture, Coast Guard (Dept)
— State (5) — Governor (or designee) from each state
--- Advisory Committees
• Develop Comprehensive Plan
— Proposed (180 days)
• Shovel ready/large scale
• Gulf Coast Restoration Task Force
• Existing Gulf Coast State Comprehensive Plans
• Coastal Zone Management Plans
— Initial (360 days)
• Approval of State Plans
— Oil Impact Allocation (30%)
• Fifty (50%) percent of interest payments
Oil Spill Restoration Impact Allocation (30%)
Consortium of counties that include at least one rep
each affected county
Allocation Formula (roughly 20%)
of
— Number of miles of shoreline experienced oiling (40%)
— Inverse proportion of the average distance (oiled shoreline) from the
spill (40%)
— Average population (20%)
•
i
State Allocation/Counties (35%)
• Equal Shares (20%)
— Disproportionately Impacted (75%)
• No Allocation Criteria
— Nondsproportionately Impacted
• Weighted average population (34%)
— Annual vs. Census
• Weighted average of per capita sales tax (33%)
— Fiscal year 2012
• Weighted Average distance from spill (33%)
— Administrative Costs
• *Limitation of 3%
• U.S. Treasury — Reviews for Compliance
• Develop and Submit Multiyear Plan
7 1.9/2 2 1
Eligible Uses of Funds
Restoration & Protection of natural resources
Mitigation of natural resources
Implementation of a "federally approved" marine,
coastal, or conservation management plan
Workforce development and job creation
State parks
Infrastructure projects benefitting the economy or
ecological resources (ports)
Coastal flood protection
Planning assistance
Administrative Costs
• Promotion of tourism,
— including recreational fishing
• Promotion of seafood consumption
FAA
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Gulf Coast Ecosystem Restoration and Science,
Observation, Monitoring and Technology Program (2.5
• Section 1604
• National Oceanic and Atmospheric Administration
— Marine Research
— Marine Monitoring
— Data Collection and Stock Assessments
— Pilot Programs
— Cooperative Research
• Interest (25%)
F,
Centers of Excellence (2.5 % )
• Each State equal shares
Grants
— Coast Sustainability
— Coastal Ecosystem Research
— Offshore Energy Development
— Comprehensive observation, monitoring and mapping of the Gulf of
Mexico
• Interest (25%)