Wicker: RESTORE Act Progress Important to Long-Term Recovery

Legal Fight Over Fines Against BP Has Led to Uncertainty, Delays

August 25, 2014

In 2012, Congress offered a new strategy for restoring the Gulf Coast in the wake of the worst oil spill in U.S. history. Enactment of the RESTORE Act ensured that the majority of Clean Water Act fines for the Deepwater Horizon disaster would go toward recovery efforts in Mississippi and other Gulf states. In the past, these fines went to the federal Oil Spill Liability Trust Fund, which was established to provide emergency funds for future spills.

Implementation of RESTORE, however, has been hampered by the legal fight over the fines against BP, which is expected to resume next spring. Until the courts determine the amount of civil penalties against those responsible, RESTORE projects will be put on hold. Mississippi, for instance, has not even been asked to submit proposed projects for funding under the law.

‘One Chance to Get This Right’

Congress has a responsibility to oversee how the laws it passes are put into place, providing oversight and ensuring accountability among those who carry out these policies. Recently, the Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard held a hearing to examine the progress being made along the Gulf Coast, including the implementation of RESTORE.

As a member of this subcommittee, I was pleased to welcome Trudy Fisher, the outgoing executive director of the Mississippi Department of Environmental Quality, as one of the hearing’s expert witnesses. Her testimony highlighted Mississippi’s efforts to secure early restoration projects and the state’s readiness to utilize RESTORE dollars for additional projects. She sensibly noted, “We only have one chance to get this right and those of us privileged to represent our fellow citizens in this effort bear a fiduciary duty to those back at home to turn our discussions into projects.”

Early Restoration Success

Mississippi has already made great strides in using funds under the Natural Resource Damage Assessment to complete restoration projects. A project to enhance existing reefs in the Mississippi Sound will boost harvestable oyster production within three to six years. Another project to enhance artificial reefs in our state’s coastal waters will improve the overall marine ecosystem. These projects represent the vision and commitment in our state to replenish important habitats and resources.

RESTORE is a crucial part of the recovery process, giving states the authority and flexibility to address their most critical needs. In addition to environmental harm, the spill caused extensive economic damage along the Gulf Coast, devastating livelihoods and threatening the long-term way of life in our coastal communities. RESTORE recognizes the complexity of the oil spill’s repercussions and will empower local leaders to be decision-makers in finding solutions.

Positive Action by U.S. Treasury

As a cosponsor of the RESTORE Act, I worked diligently toward its passage in Congress and will continue to monitor its implementation. Recovering from this disaster will not happen overnight, but we must remain resolute in our commitment to keep moving forward. Earlier this month, the U.S. Treasury Department issued an Interim Final Rule related to the RESTORE Act, which is important to unlocking the funds for RESTORE projects once the legal fight over the fines is settled. I hope this constructive step will help break the logjam and that Gulf states will soon have the needed certainty about RESTORE funding to get key projects underway.