II

104TH CONGRESS

1ST SESSION S. 894

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

IN THE SENATE OF THE UNITED STATES

JUNE 8 (legislative day, JUNE 5), 1995

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

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 Pro5 tection Act of 1995’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the coast of California possesses unique his9 torical, ecological, educational, recreational, eco-
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1 nomic, and research values that are appropriate for

2 protection under Federal law;

3 (2) the threat to the coast of California, a na4 tional treasure, continues to intensify as a result of

5 fossil fuel exploration and development, mineral ex6 traction, and the burning and dumping of toxic and

7 hazardous wastes;

8 (3) the activities described in paragraph (2)

9 could result in irreparable damage to the coast of

10 California; and

11 (4) the establishment of an ocean protection

12 zone off the coast of California would enhance rec13 reational and commercial fisheries, and the use of

14 renewable resources within the zone.

15 SEC. 3. DEFINITIONS.

16 In this Act:

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency.

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

21 has the meaning stated in section 2 of the Outer

22 Continental Shelf Lands Act (43 U.S.C. 1331).

23 (3) EXCLUSIVE ECONOMIC ZONE.—The term

24 ‘‘Exclusive Economic Zone’’ means the Exclusive
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1 Economic Zone of the United States, as defined by

2 Presidential Proclamation 5030 of March 10, 1983.

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

4 has the meaning stated in section 2 of the Outer

5 Continental Shelf Lands Act (43 U.S.C. 1331).

6 (5) HARMFUL OCEAN DUMPING.—The term

7 ‘‘harmful ocean dumping’’—

8 (A) shall have the meaning provided by the

9 Administrator, in consultation with the heads of

10 other Federal agencies whom the Administrator

11 determines to be appropriate; but

12 (B) shall not include—

13 (i) a de minimus disposal of vessel

14 waste;

15 (ii) the disposal of dredged material

16 that—

17 (I) would meet the requirements

18 for disposal under the criteria estab19 lished under section 103 of the Ma20 rine Protection, Research, and Sanc21 tuaries Act of 1972 (33 U.S.C. 1413),

22 including regulations promulgated

23 under that section; or
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1 (II) is disposed of pursuant to a

2 permit issued pursuant to that sec3 tion;

4 (iii) a discharge that is authorized

5 under a National Pollutant Discharge

6 Elimination System (NPDES) permit is7 sued under section 402 of the Federal

8 Water Pollution Control Act (33 U.S.C.

9 1342); or

10 (iv) a disposal that is carried out by

11 an appropriate Federal agency under title

12 I of the Marine Protection, Research, and

13 Sanctuaries Act of 1972 (33 U.S.C. 1411

14 et seq.).

15 (6) MINERALS.—The term ‘‘minerals’’ has the

16 meaning stated in section 2 of the Outer Continental

17 Shelf Lands Act (43 U.S.C. 1331).

18 (7) OUTER CONTINENTAL SHELF.—The term

19 ‘‘outer Continental Shelf’’ has the meaning stated in

20 section 2 of the Outer Continental Shelf Lands Act

21 (43 U.S.C. 1331).

22 (8) PERSON.—The term ‘‘person’’ has the

23 meaning stated in section 2 of the Outer Continental

24 Shelf Lands Act (43 U.S.C. 1331).
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1 (9) PRODUCTION.—The term ‘‘production’’ has

2 the meaning stated in section 2 of such Act (43

3 U.S.C. 1331).

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

5 sea’’ means the belt of sea measured from the base6 line of the United States, determined in accordance

7 with international law, as set forth in Presidential

8 Proclamation 5928, dated December 27, 1988.

9 (11) ZONE.—The term ‘‘Zone’’ means the Cali10 fornia Ocean Protection Zone established under sec11 tion 4.

12 SEC. 4. DESIGNATION OF CALIFORNIA OCEAN PROTECTION

13 ZONE.

14 There is established a California Ocean Protection

15 Zone, consisting of—

16 (1) waters of the Exclusive Economic Zone that

17 are contiguous to the waters of the territorial sea

18 that are contiguous to the State of California;

19 (2) waters of the territorial sea that are contig20 uous to the State of California; and

21 (3) the portion of the outer Continental Shelf

22 underlying those waters.

23 SEC. 5. RESTRICTIONS.

24 (a) MINERAL EXPLORATION, DEVELOPMENT, AND

25 PRODUCTION.—
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1 (1) DEFINITION.—In this subsection, the term

2 ‘‘lease’’ has the meaning stated in section 2 of the

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

4 1331).

5 (2) ISSUANCE OF LEASES, PERMITS, AND LI6 CENSES.—Notwithstanding any other law, the head

7 of a Federal agency may not issue a lease, permit,

8 or license for the exploration for or development or

9 production of oil, gas, or other minerals in or from

10 the Zone.

11 (3) EXPLORATION, DEVELOPMENT, AND PRO12 DUCTION.—Notwithstanding any other law, a person

13 may not engage in the exploration for, or the devel14 opment or production of, oil, gas, or other minerals

15 in or from the Zone after the date of the cancella16 tion, expiration, relinquishment, or termination of a

17 lease, permit, or license in effect on June ll,

18 1995, that permits exploration, development, or pro19 duction.

20 (b) OCEAN INCINERATION AND DUMPING.—Notwith21 standing any other law, the head of a Federal agency may

22 not issue a lease, permit, or license for—

23 (1) ocean incineration or harmful ocean dump24 ing within the Zone; or
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1 (2) any onshore facility that facilitates ocean

2 incineration or harmful ocean dumping within the

3 Zone.

4 SEC. 6. FISHING.

5 This Act is not intended to regulate, restrict, or pro6 hibit commercial or recreational fishing, or other harvest7 ing of ocean life in the Zone.

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