I

103D CONGRESS

2D SESSION H. R. 4613

To protect the ecologically fragile coastal resources of south Florida by prohibiting offshore oil and gas activities and by cancelling Federal leases

in the area of the Outer Continental Shelf adjacent to the south Florida

coast.

IN THE HOUSE OF REPRESENTATIVES

JUNE 21, 1994

Mr. JOHNSTON of Florida (for himself and Mr. GOSS) introduced the following

bill; which was referred jointly to the Committees on Natural Resources

and Merchant Marine and Fisheries

A BILL

To protect the ecologically fragile coastal resources of south

Florida by prohibiting offshore oil and gas activities and

by cancelling Federal leases in the area of the Outer

Continental Shelf adjacent to the south Florida coast.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROHIBITION.

4 The Secretary shall not conduct any preleasing activi5 ties, hold any lease sale, or approve or permit any explo6 ration, production, or drilling activities under the Outer
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1 Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in

2 the area described in section 2.

3 SEC. 2. AREA COVERED.

4 The area referred to in section 1 is all areas of the

5 Outer Continental Shelf in the Eastern Gulf of Mexico

6 Planning Area that are south of 26 degrees north latitude

7 and east of 86 degrees west longitude.

8 SEC. 3. CANCELLATION OF LEASES.

9 (a) CONGRESSIONAL DETERMINATIONS.—The Con10 gress determines that—

11 (1) the area described in section 2 comprises

12 marine subtidal and nearshore habitats that are

13 unique within the United States continental margin,

14 and that provide refuge to numerous coastal and

15 marine birds, rare and endangered species, extensive

16 live bottom communities, coral reefs, mangroves, and

17 productive sea grasses;

18 (2) in 1983 and 1984, Congress and the De19 partment of the Interior provided for a 3-year mora20 torium on drilling in that area to permit the acquisi21 tion of additional environmental information;

22 (3) notwithstanding the actions described in

23 paragraph (2), which put the bidding companies on

24 notice that there were environmental concerns, a
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1 total of 73 tracts were leased in the area in 1984

2 and 1985;

3 (4) in 1988, and in every year since then, the

4 Congress has renewed the annual moratorium on

5 new leasing and drilling in the area concerned;

6 (5) in June 1990, President Bush announced

7 that he was placing a 10-year moratorium on leas8 ing, development, and production in south Florida

9 and directing the Secretary of the Interior to begin

10 a process that may lead to the buyback and cancella11 tion of existing leases in that area;

12 (6) exploration, production, or drilling activity

13 on any of the 73 tracts described in paragraph (3)

14 would cause serious harm or damage to the marine,

15 coastal, and human environment in the area and

16 such harm or damage is not subject to an acceptable

17 level of mitigation; and

18 (7) oil and gas exploration, production, and

19 drilling activity is incompatible with the ecologically

20 fragile resources found in the south Florida Outer

21 Continental Shelf, and the advantages of canceling

22 outweigh the advantages of continuing such leases

23 and would promote the public interest in the protec24 tion of the south Florida coastal area.
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1 (b) CANCELLATION.—Based on the determinations

2 made under subsection (a), all leases under the Outer

3 Continental Shelf Lands Act in the area described in sec4 tion 2 are hereby canceled.

5 SEC. 4. COMPENSATION.

6 (a) DETERMINATION.—The Attorney General shall

7 determine whether the holder of a lease canceled by sec8 tion 3(b) is entitled under law to compensation from the

9 United States as a result of such cancellation.

10 (b) NEGOTIATION.—If the Attorney General deter11 mines under subsection (a) that a lease holder is entitled

12 to compensation, the Secretary shall enter into negotia13 tions with such lease holder to establish a written agree14 ment providing for fair and equitable settlement of all

15 claims of such lease holder against the United States for

16 compensation for cancellations under section 3(b).

17 (c) AMOUNT AND FORM OF COMPENSATION.—Com18 pensation agreed to under subsection (b)—

19 (1) may be determined through application of

20 the rules set forth in section 5(a)(2)(C) of the Outer

21 Continental Shelf Lands Act (43 U.S.C.

22 1334(a)(2)(C));

23 (2) may be made in the form of currency, for24 giveness of the lessee’s obligation to pay rents, royal25 ties, or bonus payments which would otherwise be
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1 paid to the Federal Government on another lease is2 sued pursuant to the Outer Continental Shelf Lands

3 Act, or a combination of currency with such forgive4 ness; and

5 (3) shall not exceed the amount that would be

6 provided for under the rules described in paragraph

7 (1).

8 (d) NO STATE REQUIREMENT.—The State of Florida

9 shall not be required to provide any compensation for the

10 cancellation of a lease under section 3(b).

11 SEC. 5. DEFINITIONS.

12 For the purposes of this Act—

13 (1) terms defined in the Outer Continental

14 Shelf Lands Act have the meaning given such terms

15 in that Act;

16 (2) references to the Eastern Gulf of Mexico

17 Planning Area shall be to the area so designated in

18 the Department of the Interior Outer Continental

19 Shelf Natural Gas and Oil Resource Management

20 Comprehensive Program 1992–1997 Proposed Final,

21 dated April 1992; and

22 (3) the term ‘‘preleasing activities’’ means ac23 tivities conducted before a lease sale is held, and in24 cludes the scheduling of a lease sale, requests for in25 dustry interest, calls for information and nomina-
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1 tions, area identifications, publication of draft or

2 final environmental impact statements, notices of

3 sale, and any form of rotary drilling; but such term

4 does not include environmental, geologic, geo5 physical, economic, engineering, or other scientific

6 analyses, studies, and evaluations.

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