I

104TH CONGRESS

1ST SESSION H. R. 1890

To establish a California Ocean Protection Zone, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 20, 1995

Ms. ESHOO (for herself, Mr. FARR, Ms. WOOLSEY, Ms. PELOSI, Mr. MINETA,

Mr. MILLER of California, and Ms. LOFGREN) introduced the following

bill; which was referred to the Committee on Resources, and in addition

to the Committee on Transportation and Infrastructure, for a period to

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To establish a California Ocean Protection Zone, and for

other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘California Ocean

5 Protection Act of 1995’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
2

•HR 1890 IH

1 (1) the coast of California possesses unique his2 torical, ecological, educational, recreational, eco3 nomic, and research values that are appropriate for

4 protection under Federal law;

5 (2) the threat to the coast of California, a na6 tional treasure, continues to intensify as a result of

7 fossil fuel exploration and development, mineral ex8 traction, and the burning and dumping of toxic and

9 hazardous wastes;

10 (3) the activities referred to in paragraph (2)

11 could result in irreparable damage to the coast of

12 California; and

13 (4) the establishment of an ocean protection

14 zone off the coast of California would enhance rec15 reational and commercial fisheries, and the use of

16 renewable resources within the zone.

17 SEC. 3. DESIGNATION OF CALIFORNIA OCEAN PROTECTION

18 ZONE.

19 There is hereby established a California Ocean Pro20 tection Zone. The Zone consists of—

21 (1) waters of the Exclusive Economic Zone off

22 the coast of California that are outside the waters

23 of the State of California; and

24 (2) that portion of the outer Continental Shelf

25 underlying the waters.
3

•HR 1890 IH

1 SEC. 4. RESTRICTIONS.

2 (a) MINERAL EXPLORATION, DEVELOPMENT, AND

3 PRODUCTION.—

4 (1) ISSUANCE OF LEASES, PERMITS, AND LI5 CENSES.—Notwithstanding any other provision of

6 law, the head of a Federal agency may not issue a

7 lease, permit, or license for exploration for or devel8 opment or production of minerals in or from the

9 Zone.

10 (2) EXPLORATION, DEVELOPMENT, AND PRO11 DUCTION.—

12 (A) IN GENERAL.—Notwithstanding any

13 other provision of law, a person may not engage

14 in exploration for or development or production

15 of minerals in or from the Zone after the

16 date—

17 (i) of the cancellation, expiration,

18 transfer, relinquishment, or termination of

19 a lease, permit, or license in effect on the

20 date of enactment of this Act pursuant to

21 which the exploration, development, or pro22 duction is carried out;

23 (ii) of the suspension of operations as24 sociated with the exploration, development,

25 or production under regulations described

26 in subparagraph (B); or
4

•HR 1890 IH

1 (iii) on which a lease, permit, or li2 cense for the exploration, development, or

3 production in any way becomes inactive, as

4 determined by the Secretary of the Interior

5 under regulations described in subpara6 graph (B).

7 (B) REGULATIONS.—The regulations re8 ferred to in subparagraph (A) are those regula9 tions implementing the Outer Continental Shelf

10 Lands Act (43 U.S.C. 1331 et seq.), as in ef11 fect on January 1, 1986.

12 (b) OCEAN INCINERATION AND DUMPING.—Notwith13 standing any other provision of law, the head of a Federal

14 agency may not issue a lease, permit, or license for—

15 (1) ocean incineration or harmful ocean dump16 ing within the Zone; or

17 (2) any onshore facility that facilitates ocean

18 incineration or harmful ocean dumping within the

19 Zone.

20 SEC. 5. FISHING.

21 This Act is not intended to regulate, restrict, or pro22 hibit commercial or recreational fishing, or other harvest23 ing of ocean life in the Zone.

24 SEC. 6. DEFINITIONS.

25 As used in this Act:
5

•HR 1890 IH

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency.

4 (2) DEVELOPMENT.—The term ‘‘development’’

5 has the meaning provided in section 2(l) of the

6 Outer Continental Shelf Lands Act (43 U.S.C.

7 1331(l)).

8 (3) EXCLUSIVE ECONOMIC ZONE.—The term

9 ‘‘Exclusive Economic Zone’’ means the Exclusive

10 Economic Zone of the United States, as defined by

11 Presidential Proclamation 5030 of March 10, 1983.

12 (4) EXPLORATION.—The term ‘‘exploration’’

13 has the meaning provided in section 2(k) of the

14 Outer Continental Shelf Lands Act (43 U.S.C.

15 1331(k)).

16 (5) HARMFUL OCEAN DUMPING.—The term

17 ‘‘harmful ocean dumping’’ has such meaning as is

18 provided by the Administrator, in consultation with

19 the heads of other Federal agencies whom the Ad20 ministrator determines to be appropriate. The term

21 does not include—

22 (A) a de minimis disposal of vessel waste;

23 (B) the disposal of dredged material

24 that—
6

•HR 1890 IH

1 (i) would meet the requirements for

2 disposal under the criteria that apply

3 under section 103 of the Marine Protec4 tion, Research, and Sanctuaries Act of

5 1972 (33 U.S.C. 1413), including regula6 tions promulgated under such section; or

7 (ii) is disposed of pursuant to a per8 mit issued pursuant to such section;

9 (C) a discharge that is authorized under a

10 National Pollutant Discharge Elimination Sys11 tem permit issued pursuant to section 402 of

12 the Federal Water Pollution Control Act (33

13 U.S.C. 1342); and

14 (D) a disposal that is carried out by an ap15 propriate Federal agency under title I of the

16 Marine Protection, Research, and Sanctuaries

17 Act of 1972 (33 U.S.C. 1411 et seq.).

18 (6) LEASE.—The term ‘‘lease’’ has the meaning

19 provided in section 2(c) of the Outer Continental

20 Shelf Lands Act (43 U.S.C. 1331(c)).

21 (7) MINERALS.—The term ‘‘minerals’’ has the

22 meaning provided in section 2(q) of the Outer Con23 tinental Shelf Lands Act (43 U.S.C. 1331(q)).

24 (8) OUTER CONTINENTAL SHELF.—The term

25 ‘‘Outer Continental Shelf’’ has the meaning provided
7

•HR 1890 IH

1 in section 2(a) of the Outer Continental Shelf Lands

2 Act (43 U.S.C. 1331(a)).

3 (9) PERSON.—The term ‘‘person’’ has the

4 meaning provided in section 2(d) of the Outer Con5 tinental Shelf Lands Act (43 U.S.C. 1331(d)).

6 (10) PRODUCTION.—The term ‘‘production’’

7 has the meaning provided in section 2(m) of the

8 Outer Continental Shelf Lands Act (43 U.S.C.

9 1331(m)).

10 (11) TERRITORIAL SEA.—The term ‘‘territorial

11 sea’’ means the territorial sea proclaimed in Presi12 dential Proclamation 5928, dated December 27,

13 1988.

14 (12) ZONE.—The term ‘‘Zone’’ means the Cali15 fornia Ocean Protection Zone established under sec16 tion 3 of this Act.

Æ