Gulf Coast Ecosystem Restoration

Executive Order 13626 of September 10, 2012

Gulf Coast Ecosystem Restoration

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 311 of the Federal Water
Pollution Control Act (FWPCA) (33 U.S.C. 1321), section
1006 of the Oil Pollution Act of 1990 (33 U.S.C. 2706),
and section 301 of title 3, United States Code, it is
hereby ordered as follows:

Section 1. Policy. Executive Order 13554 of October 5,
2010, was issued after the blowout and explosion of the
mobile offshore drilling unit Deepwater Horizon that
occurred on April 20, 2010, and resulted in the largest
oil spill in U.S. history (Deepwater Horizon Oil
Spill). Executive Order 13554 recognized the Gulf Coast
as a national treasure and addressed the longstanding
ecological decline of that region, which was compounded
by the Deepwater Horizon Oil Spill. In doing so,
Executive Order 13554 established a Gulf Coast
Ecosystem Restoration Task Force (Task Force) to
coordinate intergovernmental efforts, planning, and the
exchange of information in order to better implement
Gulf Coast ecosystem restoration and facilitate
appropriate accountability and support throughout the
restoration process.

Since the implementation of Executive Order 13554, the
Federal Government's Gulf Coast ecosystem restoration
planning efforts have advanced significantly. The Task
Force's Gulf of Mexico Regional Ecosystem Restoration
Strategy (Strategy), created with input from Federal,
State, tribal, and local governments, and thousands of
involved citizens and organizations across the region,
serves as a comprehensive restoration plan for
addressing ecological concerns in the Gulf of Mexico.
In light of the release of the Strategy, the ongoing
work of the Natural Resource Damage Trustee Council
(Trustee Council) under the Oil Pollution Act, and the
recent passage of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012 (RESTORE
Act) (title I, subtitle F of Public Law 112-141), this
order affirms the Federal Government's Gulf Coast
ecosystem restoration efforts and realigns
responsibilities to ensure the most effective
governmental planning and coordination to reach these
goals.

Sec. 2. Termination of the Gulf Coast Ecosystem
Restoration Task Force. The progress of the Task Force
is noteworthy. It has completed the Strategy and the
preliminary planning and coordination tasks that it was
intended to produce and has significantly advanced
important ecosystem restoration goals for the Gulf of
Mexico. In light of the recent creation, described
below, of the Gulf Coast Ecosystem Restoration Council
(Gulf Restoration Council), which will build upon the
Task Force's already successful collaboration between
Federal, State, and tribal governments and, as directed
by statute, include and incorporate in its proposed
comprehensive plan the findings and information
prepared by the Task Force, the Task Force shall
terminate no later than 60 days after the Gulf
Restoration Council commences its work. The functions
of the Task Force will be performed by the Gulf
Restoration Council and the Trustee Council to the
extent practicable, as set forth in this order. Prior
to its termination, the Task Force will provide such
assistance as is appropriate to the Gulf Restoration
Council.

Sec. 3. The Gulf Coast Restoration Trust Fund and the
Gulf Coast Ecosystem Restoration Council.

    (a) Gulf Coast Restoration Trust Fund. The RESTORE
Act, which was signed into law as part of the Moving
Ahead for Progress in the 21st Century Act (Public Law
112-141), established a mechanism for providing funding
to the Gulf region to restore ecosystems and rebuild
local economies damaged by the Deepwater Horizon Oil
Spill. The RESTORE Act established in the Treasury of
the United States the Gulf Coast Restoration Trust Fund
(Trust Fund), consisting of 80 percent of an amount
equal to any administrative and civil penalties paid
after the date of the RESTORE Act by the responsible
parties in connection with the Deepwater Horizon Oil
Spill to the United States pursuant to a court order,
negotiated settlement, or other instrument in
accordance with section 311 of the FWPCA (33 U.S.C.
1321).
    (b) Gulf Coast Ecosystem Restoration Council. The
RESTORE Act established the Gulf Restoration Council,
an independent entity charged with developing a
comprehensive plan for ecosystem restoration in the
Gulf Coast (Comprehensive Plan), as well as any future
revisions to the Comprehensive Plan. Among its other
duties, the Gulf Restoration Council is tasked with
identifying projects and programs aimed at restoring
and protecting the natural resources and ecosystems of
the Gulf Coast region, to be funded from a portion of
the Trust Fund; establishing such other advisory
committees as may be necessary to assist the Gulf
Restoration Council, including a scientific advisory
committee and a committee to advise the Gulf
Restoration Council on public policy issues; gathering
information relevant to Gulf Coast restoration,
including through research, modeling, and monitoring;
and providing an annual report to the Congress on
implementation progress. Consistent with the RESTORE
Act, the Comprehensive Plan developed by the Gulf
Restoration Council will include provisions necessary
to fully incorporate the Strategy, projects, and
programs recommended by the Task Force.
    (c) Federal members of the Gulf Restoration Council
and Trustee Council, as well as all Federal entities
involved in Gulf Coast restoration, shall work closely
with one another to advance their common goals, reduce
duplication, and maximize consistency among their
efforts. All Federal members are directed to consult
with each other and with all non-federal members in
carrying out their duties on the Gulf Restoration
Council.

Sec. 4. Ongoing Role of the Natural Resource Damage
Assessment Trustee Council. (a) Executive Order 13554
recognized the role of the Trustee Council, and
designated trustees as provided in 33 U.S.C. 2706, with
trusteeship over natural resources injured, lost, or
destroyed as a result of the Deepwater Horizon Oil
Spill. Specifically, Executive Order 13554 recognized
the importance of carefully coordinating the work of
the Task Force with the Trustee Council, whose members
have statutory responsibility to assess natural
resources damages from the Deepwater Horizon Oil Spill,
to restore trust resources, and seek compensation for
lost use of those trust resources. Section 3(b) of
Executive Order 13554 instructed the Task Force to
“support the Natural Resource Damage Assessment
process by referring potential ecosystem restoration
actions to the * * * Trustee Council for consideration
and facilitating coordination among the relevant
departments, agencies, and offices, as appropriate,
subject to the independent statutory responsibilities
of the trustees.” The Department of Commerce (through
the National Oceanic and Atmospheric Administration),
the Department of the Interior (through the Fish and
Wildlife Service and the National Park Service), and
the Department of Justice have worked to identify
linkages and opportunities for the Task Force to
complement the restoration progress of the Trustee
Council.

    (b) Section 7(e) of Executive Order 13554 provides
that nothing in that order shall interfere with the
statutory responsibilities and authority of the Trustee
Council or the individual trustees to carry out their
statutory responsibilities to assess natural resource
damages and implement restoration actions under 33
U.S.C. 2706 and other applicable law. Agencies that
were members of the Task Force shall continue to comply
with these requirements.

Sec. 5. Designating Trustees for Natural Resource
Damage Assessment. Given their authorities, programs,
and expertise, the Environmental Protection Agency
(EPA) and the Department of Agriculture (USDA) have
institutional capacities that can contribute
significantly to the Natural Resource Damage Assessment
and restoration efforts, including scientific and
policy expertise as well as experience gained in the
Task Force process and other planning efforts in the
Gulf area. In addition, EPA's and USDA's relevant
authorities cover a range of natural resources and
their supporting ecosystems, including waters,
sediments, barrier islands, wetlands, soils, land
management, air resources, and drinking water supplies.
The inclusion of EPA and USDA as trustees participating
in the Natural Resource Damage Assessment and
restoration efforts will maximize coordination across
the Federal Government and enhance overall efficiencies
regarding Gulf Coast ecosystem restoration.
Accordingly, without limiting the designations in
Executive Order 12777 of October 18, 1991, or any other
existing designations, and pursuant to section
2706(b)(2) of title 33, United States Code, I hereby
designate the Administrator of EPA and the Secretary of
Agriculture as additional trustees for Natural Resource
Damage Assessment and restoration solely in connection
with injury to, destruction of, loss of, or loss of use
of natural resources, including their supporting
ecosystems, resulting from the Deepwater Horizon Oil
Spill. The addition of these Federal trustees does not,
in and of itself, alter any existing agreements among
or between the trustees and any other entity. All
Federal trustees are directed to consult, coordinate,
and cooperate with each other in carrying out all of
their trustee duties and responsibilities.

The Administrator of EPA is hereby directed to revise
Subpart G of the National Oil and Hazardous Substances
Pollution Contingency Plan to reflect the designations
for the Deepwater Horizon Oil Spill discussed in this
section.

Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department or agency, or the head
thereof; or

(ii) the functions of the Trustee Council, or those of the Director of the
Office of Management and Budget, relating to budgetary, administrative, or
legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (d) Executive Order 13554 of October 5, 2010, is
hereby revoked concurrent with the termination of the
Task Force under the terms described in section 2 of
this order.

    (Presidential Sig.)

THE WHITE HOUSE,

    Washington, September 10, 2012.