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Marine Restoration Workshop

Marine Restoration Workshop. April 24-25, 2012 USF College of Marine Science St. 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.

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Marine Restoration Workshop

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  1. Marine Restoration Workshop April 24-25, 2012 USF College of Marine Science St. Petersburg, FL

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

  3. Total Restoration Penalties • Assume max. CWA of $21B (4.9M bbls, gross negligence = 4300/bbl); total ~ $29.89B

  4. 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 summaryathttp://www.epa.gov/lawsregs/laws/cwa.html

  5. 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.”

  6. RESTORE Act, Senate 80% 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/FE Status: • 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)

  7. 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?

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

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