RESTORE Act

Deepwater Horizon Oil Spill

RESTORE Act

The Deepwater Horizon oil spill occurred on April 20, 2010.  As a result, there was a serious impact to the Gulf of Mexico, Alabama, Florida, Louisiana, Mississippi, and Texas.   The Senate and the House passed legislation and on July 6, 2012, the President signed into law the Federal Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). 

The RESTORE Act created a specific funding allocation to the affected states and, in particular, a specific designation to the counties affected in Florida. Levy County has been identified as one of the 23 affected/impacted counties.  The Florida counties eligible for RESTORE Act funds are as follows:

Disproportionately Affected (The 8)

1. Bay
2. Escambia
3. Franklin
4. Gulf
5. Okaloosa
6. Santa Rosa
7. Wakulla
8. Walton

Nondisproportionately Impacted (The 15)

1. Charlotte
2. Citrus
3. Collier
4. Dixie
5. Hernando
6. Hillsborough
7. Jefferson
8. Lee
9. LEVY
10. Manatee
11. Monroe
12. Pasco
13. Pinellas
14. Sarasota
15. Taylor

 The RESTORE Act is divided into 5 Components also known as Pots.  The RESTORE Act components are as follows:

1. Direct Component or Pot 1 (Counties are eligible for funding)
2. Comprehensive Plan Component or Pot 2
3. Spill Impact Component or Pot 3 (Counties are eligible for funding)
4. NOAA Science Program Pot 4
5. Centers of Excellence Pot 5

A portion of the penalties under the RESTORE Act will come directly to Levy County (Direct Component, Pot 1), and other portions may be available for projects that may affect the County through the Gulf Coast Ecosystem Restoration Council (Comprehensive Plan Component, Pot 2) and through the Gulf Coast Consortium (Spill Impact Component, Pot 3).

The Board of County Commissioners of Levy County created and appointed the Levy County RESTORE Act Advisory Committee, to assist the Board on RESTORE Act issues by reviewing the applications for Direct Component (Pot 1) and Spill Impact Component (Pot 3) RESTORE Act projects, conducting public meetings to obtain citizen input, advising the Board on projects, monitoring Direct Component (Pot 1) and Spill Impact Component (Pot 3) projects that may be approved for funding, and assisting on the development of the Multiyear Implementation Plan (MYIP) and the State Expenditure Plan (SEP) for the County’s use of RESTORE Act funds.  The funding protocol and specific utilization of these funds dictated under the Federal Law and is based in environmental and economic restoration, sustainability, and resilience.

Direct Component (Pot 1)

Eligible Multiyear Implementation Plan (MYIP) Activities

The RESTORE Act/Treasury provides the scope of activities eligible for funding under the Direct Component.  As described in the Act, these activities can include:

• Restoration and protection of the natural resources, ecosystems, fisheries, marine, and wildlife habitats, beaches, and coastal wetlands of the Gulf Region
• Mitigating damage and restoration of the fish, wildlife, and natural resources
• Implementing a federally approved marine or coastal conservation management plan
• Promotion of tourism in the Gulf Region, including recreational fishing
• Promotion of consumption of seafood harvested from the Gulf Coast Region
• Infrastructure projects benefiting the economy or the ecological resources, including port infrastructure
• WorkForce development and job creation
• Improving state parks in the coastal areas affected by the spill
• Planning assistance
• Coastal flood protection and related infrastructure
• Administrative costs of complying with the Act (limited to 3%)

(Note: US Treasury rules, when they are promulgated, may impose additional criteria, details, and clarification.)

Council Selected Restoration Component (Pot 2)

Council Selected Restoration Component or Pot 2 (30%) is controlled by the Gulf Coast Ecosystem Restoration Council.  The projects to be considered for possible funding must be nominated by the governor of one of the five Gulf States (Alabama, Florida, Louisiana, Mississippi, and Texas) or one of the six federal entities on the Council.  The funds will focus on the environment and the projects related to the environment with guidance from the Council’s Comprehensive Plan. 

Spill Impact Component (Pot 3)

Eligible SEP (State Expenditure Plan) Activities

The RESTORE Act provides the scope of activities eligible for funding under the Spill Impact Component.  As described in the Act, these activities can include:

• Restoration and protection of the natural resource, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region
• Mitigation of damage to fish, wildlife, and natural resources
• Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring
• Workforce development and job creation
• Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill
• Infrastructure projects benefitting the economy or ecosystem resources, including port infrastructure
• Coastal flood protection and related infrastructure
• Planning assistance
• Administrative costs of complying with the Act
• Promotion of tourism in the Gulf Coast region, including recreational fishing
• Promotion of the consumption of seafood harvested from the Gulf Coast region

NOAA Science Program (Pot 4)

2.5 % of the RESTORE Act funds plus 25% of the interest will go to an NOAA-led program that funds research, observation and monitoring to support the long-term sustainability of the Gulf ecosystems and fisheries.  In June 2016, the program announced a new funding opportunity, focused on living coastal and marine resources and their habitats.

Centers of Excellence (Pot 5)

2.5 % of the RESTORE Act funds plus 25% of the interest will go to the Gulf states in equal amounts to establish centers of excellence to conduct research on the Gulf Coast Region.  All Gulf States have selected their Centers of Excellence.

• Alabama- Alabama Gulf Coast Recovery Council (AGCRC)
• Florida- Florida Institute of Oceanography
• Louisiana- The Water Institute of the Gulf
• Mississippi- Mississippi Based RESTORE Act Center of Excellence
• Texas- the University of Houston and Texas A & M University

• Direct Component (Pot 1) Information

• Florida Department of Environmental Protection

• Spill Impact Component (Pot 3) Information

• Gulf Consortium - Developing State Expenditure Plan for Pot 3

• Projected BP Annual Deposit Schedule (Pot 3) - This document may be obtained by going to the Treasury Website