Sec. 106. Gulf of Mexico Regional Citizens’ Advisory Council
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Subtitle A of title IV of the Oil Pollution Act of 1990 is amended by inserting after section 4118 ( 33 U.S.C. 1203 note) the following: There is established a Gulf Coast Regional Citizens’ Advisory Council. The Council shall be composed of voting members and nonvoting members, as follows: Each of the Gulf Coast States shall be represented by 5 members on the Council who shall be residents of, and appointed from and by the following interests in, the State they represent, such that each interest in each State is represented by a voting member:
Commercial fin fish and shellfish industry organizations, the members of which depend on the marine fisheries resources of the State. Recreational fishing industry organizations, the members of which depend on the marine fisheries resources of the State. Restaurant, hotel, and tourism industry organizations, the members of which depend upon the beaches, dunes, barrier islands, wetlands, estuaries, bayous, sounds, bays, lagoons, reefs, fish, wildlife, or other coastal resources of the State.
Marine and coastal conservation organizations, members of which reside in the State. Counties or parishes, and incorporated and unincorporated municipalities of the State. One ex officio, nonvoting representative shall be designated by, and represent, each of the following on the Council: The Coast Guard. The Environmental Protection Agency. The National Oceanic and Atmospheric Administration. The Department of the Interior, Bureau of Safety and Environmental Enforcement. The Department of Transportation, Office of Pipeline Safety.
The lead maritime environmental and natural resources management and enforcement agency of each of the Gulf Coast States. The maritime or shipping industry. The energy industry. Voting and nonvoting members shall be drawn equally from the States represented on the Council. Not later than 90 days after the date of enactment of the Marine Oil Spill Prevention Act , the Secretary of the department in which the Coast Guard is operating shall appoint the initial voting members of the Council and call the first meeting of the Council.
The duration of the Council shall be throughout the lifetime of energy exploration, development, production, transportation, and facility removal activities in one or more of the Gulf Coast States, and throughout the lifetime of such activities in the Gulf of Mexico. The voting members of the Council shall be appointed for a term of 3 years, except as provided in subparagraph (B). The terms of service of voting members initially appointed by the Secretary of the department in which the Coast Guard is operating shall be established by a drawing of lots, under which— 9 of the voting members shall serve for 3 years; 9 of the voting members shall serve for 2 years; and 7 of the voting members shall serve for 1 year.
The Council shall elect a chairperson, select staff, and make policies with regard to internal operating procedures. After the initial organizational meeting called by the Secretary of the department in which the Coast Guard is operating, the Council shall be self-governing and shall hold meetings thereafter at least once each year. The Council shall— conduct the operations of the Council in public, to the maximum extent practicable; make all work product adopted by the Council available to the public; hold at least 1 meeting each year that is open to the public, and for each such meeting provide notice to the public at least 30 days prior to such meeting; and maintain a freely accessible website on which it shall make available to the public, at a minimum— recommendations made by the Council, together with information as to whether or not the recommendations were adopted and, if not, an explanation of why they were not adopted; a description of matters currently under review by the Council, without disclosing any private, confidential, or privileged information consistent with applicable law; a statement of industry standards; and an interactive component through which the general public may submit questions and comments and report matters of interest.
An individual selected as a voting member of the Council may not engage in any activity that may conflict with the execution of the functions or duties of the individual as a Council member. The Council shall, with regard to the activities, operation, and maintenance of facilities and tank vessels in the Gulf Coast States and the Gulf of Mexico— provide advice and recommendations to covered persons, relevant Federal agencies, and Gulf Coast States regarding applicable policies, permits, operations, and regulations; monitor impacts on marine and coastal ecosystems; monitor relevant oil spill prevention and response plans, including plans relating to blowout prevention and response; and recommend standards and conditions for regulations intended to ensure safety of life and property and minimize negative impacts on marine and coastal ecosystems.
The Council shall carry out the duties described in paragraph
(1)in a manner that, to the extent practicable, covers all activities, operation, and maintenance of facilities and tank vessels occurring in Gulf Coast States and the Gulf of Mexico. The Council is not liable under Federal or State law for costs or damages resulting from the discharge of its duties. No advice given by a voting member of the Council, or by a program representative or agent, shall be grounds for estopping the interests represented by voting Council members from seeking damages or other appropriate relief. In carrying out its duties, the Council— may conduct applicable scientific research; and shall review applicable scientific work undertaken by or on behalf of the energy industry, conservation organizations, or government agencies. The Council may create standing committees as necessary to carry out the duties described in subsection (f), including— a scientific and technical committee; an environmental monitoring committee; an oil spill prevention and response committee; an offshore monitoring committee to monitor activities in waters of the Gulf of Mexico that are more than 500 feet in depth; and a coastal monitoring committee to monitor activities on the coast of the Gulf of Mexico and in waters of the Gulf of Mexico that are 500 feet or less in depth. The Council may request directly from any Federal agency, and upon such request each Federal agency shall furnish to the Council to the extent authorized by law, information, suggestions, estimates, and statistics, for the purpose of fulfilling its duties under subsection (f). Not later than 180 days after the date of enactment of the Marine Oil Spill Prevention Act , each Federal agency, with respect to all permits, site-specific regulations, and other matters governing the activities and actions within the purview of the Council, shall consult with the Council prior to taking substantive action with respect to such matters. Federal agency consultations required by this paragraph shall be carried out in a manner that enables the Council to review the permit, site-specific regulation, or other matter at issue and make appropriate recommendations consistent with its duties. No consultation shall be required under this paragraph if an authorized representative of a Federal agency reasonably believes that an emergency exists requiring action without delay. All recommendations of the Council shall be advisory only. If a covered person decides not to adopt, or decides to adopt with substantial modification, a recommendation of the Council, then the covered person shall provide to the Council, not later than 10 days after the date of such decision, written notice of the decision and a written explanation of the reason or reasons for the decision. The Council shall establish offices in one or more of the Gulf Coast States, as the Council determines to be necessary and appropriate to the execution of its duties. A member of the Council may not be compensated for service on the Council, but shall be allowed travel expenses, including per diem, at a rate established by the Council, which may not exceed the rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code, except by express authorization of the Council in a case in which the rates are inadequate to reimburse a member not eligible for travel rates of the Federal Government. Approval of the contingency plans required of covered persons under this Act shall be effective only so long as the Council is funded under paragraph (2). Covered persons shall provide, on an annual basis, an aggregate amount of not more than $10,000,000, as determined by the Secretary of the department in which the Coast Guard is operating, that shall provide for the establishment and ongoing operation of the Council, and shall be adjusted annually to reflect changes in the Consumer Price Index in the Gulf Coast States. The Council shall commission an annual independent financial statement audit by an independent accounting firm and publish the results in a publicly available annual report. Not later than 2 years after the date of establishment of the Council, and biennially thereafter, the Council shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— the significant achievements of the Council with respect to its duties; the unresolved problems or concerns with operations, activities, or plans; the Council operations and expenditures, needs, issues, and recommendations; and the annual independent audits required under paragraph (1). Not later than 3 years after the date of establishment of the Council, and thereafter as necessary, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report covering the operations and expenditures of the Council in carrying out this section, including any recommendations the Comptroller deems appropriate. Neither the Council nor any committee, program, association, or other organization created by or under the authority of this section may sue a public or private person or entity concerning any matter arising under this section other than the performance of a contract. In this section: The term Council means the Gulf Coast Regional Citizens’ Advisory Council established under subsection (a). The term covered person means an owner or operator of a facility, an owner or operator of a tank vessel, a lessee, or a permittee, as those terms are defined in this Act. The term Federal agency means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Publishing Office. The term Gulf Coast States means the States of Alabama, Florida, Louisiana, Mississippi, and Texas. The term Gulf of Mexico means the territorial seas and exclusive economic zone of the United States in the Gulf of Mexico. . The table of contents in section 2 of the Oil Pollution Act of 1990 (104 Stat. 484) is amended by adding at the end of the items relating to subtitle A of title IV the following: 4119. Gulf of Mexico Regional Citizens' Advisory Council. .
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- 104 Stat. 484
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