Document BRk35qrgVOr1XEjNQwgd8qBMk

Senate Legislative Counsel Draft Copy of O:\EDW\EDW18529.XML 1 Title: To amend the Federal Water Pollution Control Act and the Resources and Ecosystems 2 Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 3 2012 to allow the Gulf Coast Ecosystem Restoration Council to accept gifts and transfers and to 4 borrow funds, and for other purposes. 5 6 7 Be it enacted by the Senate and House o f Representatives o f the United States o f America in 8 Congress assembled, 9 SECTION 1. GULF COAST ECOSYSTEM RESTORATION 10 COUNCIL. 11 (a) Gifts and Transfers to Gulf Coast Ecosystem Restoration Council.-- Section 31 l(t)(2)(E) 12 o f the Federal Water Pollution Control Act (33 U.S.C. 1321 (t)(2)(E)) is amended by adding at 13 the end the following: 14 "(iii) Gifts and transfers; separate fund.-- 15 "(I) In general.-- Subject to subclause (II), the Council may accept, hold, 16 administer, and use for the purpose o f aiding or facilitating the work and 17 operations o f the Council-- 18 "(aa) gifts, donations, and bequests from any individual or entity; and 19 "(bb) transfers from Federal and State agencies o f funds, goods, 20 services, and personal and real property. 21 "(II) T reatment.-- Any funds accepted by the Council or transferred to 22 the Council under subclause (I) shall-- 23 "(aa) remain available until expended; 24 "(bb) be deposited in a separate fund in the Treasury; and 25 "(cc) be disbursed on order by the Council.". 26 (b) Borrowing Authority,-- Section 1602 o f the Resources and Ecosystems Sustainability, 27 Tourist Opportunities, and Revived Economies o f the Gulf Coast States Act o f 2012 (33 U.S.C. 28 1321 note; Public Law 112-141) is amended by adding at the end the following: 29 "(g) Borrowing Authority.-- 30 "(1) In general.-- To aid and facilitate the purposes o f this subtitle and the amendments 31 made by this subtitle, including the restoration and protection o f natural resources, 32 ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and the 33 economy o f the Gulf region, and subject to the terms and conditions o f this subsection, the 34 Gulf Coast Ecosystem Restoration Council (referred to in this subsection as the `Council') 35 may borrow funds from the Treasury. 36 "(2) Repayment.-- If the Council borrows funds under paragraph (1), the Treasury shall 37 be reimbursed, without interest, from funds deposited in the Trust Fund for the purpose o f 38 carrying out this subtitle immediately after those funds are deposited in the Trust Fund. 39 "(3) Limitation on amount.-- The total amount o f funds borrowed under this 1 6/4/20185/34/2048 11:09 AM Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00174528-00001 Senate Legislative Counsel Draft Copy of O:\EDW\EDW18529.XML 1 subsection may not exceed the aggregate amounts paid or payable into the Trust Fund for 2 use under section 31 l(t)(2) o f the Federal Water Pollution Control Act (33 U.S.C. 3 1321 (t)(2)) for fiscal years 2019 through 2028. 4 "(4) D isbursement.-- The Secretary o f the Treasury may disburse funds borrowed under 5 this subsection for any purpose authorized under section 311 (t)(2) o f the Federal Water 6 Pollution Control Act (33 U.S.C. 1321(f)(2)), as if the borrowed funds were available in the 7 Trust Fund for that purpose. 8 "(5) First lien.--No funds may be borrowed under paragraph (1) unless the borrowed 9 funds are considered to be senior debt.". 6/4/2018S/34-/-2-Q-1-8 11:09 AM Sierra Club v. EPA 18cv3472 NDCA 2 Tier 3/4 ED 002061 00174528-00002