Marine Restoration WorkshopApril 24-25, 2012

USF College of Marine ScienceSt. Petersburg, FL

DHOS Settlement• Status of penalties• Clean Water Act Allocation• RESTORE Act

Total Restoration Penalties• Assume max. CWA of $21B (4.9M bbls, gross negligence =

4300/bbl); total ~ $29.89B

21

1

0.091.2

Penalty ($xB)

CWAERPMOEXGCCF

CWA Allocation• FEDERAL WATER POLLUTION CONTROL ACT

(33 U.S.C. 1251 et seq.), as amd. 2002, 234 pp. (orig. CWA 1972)

• Sec. 311- Oil & Hazardous Substance Liability– $1000-3000/bbl depending on negligence

(increased to $1100-4300)– Deposited to Oil Spill Liability Trust Fund– access

via annual appropriations

EPA summary at http://www.epa.gov/lawsregs/laws/cwa.html

OC (2011), Restoration Framework– “The amount available from the OSLTF for NRDA-related expenditures is capped at $500 million; and real aim of the OSLTF is to support future oil disaster response efforts, especially when responsible parties cannot be identified. Hence, under current law, the OSLTF is not a practical source of funds for large-scale ecosystem restoration in the Gulf.”

RESTORE Act, Senate80% of CWA penalties to Gulf Restoration Trust Fund:• 35%-- States 7% x 5• 60%-- Council split 50/50: 1)

comprehensive plan development/science; 2) states (complicated formula)

• 5%-- RSMT/FE• RTF interest: 50/50 to NEO and

RSMT/FEStatus:• S1813 (MAP-21; reauthorize Federal-

aid highway and highway safety construction programs); passed 3/14 with amd. similar to S1400

Figure from Herzog and Austin (2011)

RESTORE Act, House

• HR3096 differences from S1813/1400 (details in last slide)– NO NEO!

• HR4348, Part II- Surface Transportation Extension Act of 2012; passed 4/18; Sec. 302- GULF COAST RESTORATION TRUST FUND (same 80%); no sections with Council or allocation details

Status: • HR 4348 Conference– perhaps 30 days?

Table from Herzog, M, and J Austin. 2011.