```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1899 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1899

  To establish a Gulf of Mexico economic and environmental protection 
                    program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 1993

  Mr. Laughlin (for himself, Mr. Callahan, Mr. Andrews of Texas, Mr. 
 Bacchus of Florida, Mr. Bachus of Alabama, Mr. Bevill, Mr. Bilirakis, 
 Mr. Blackwell, Mr. Boehlert, Mr. Borski, Mr. Brooks, Mr. Browder, Mr. 
Bryant, Ms. Byrne, Mr. Chapman, Mr. Clement, Mr. Coleman, Mr. Costello, 
 Mr. Cramer, Ms. Danner, Ms. Eshoo, Mr. Everett, Mr. Fields of Texas, 
 Mr. Frost, Mr. Pete Geren of Texas, Mr. Gene Green of Texas, Mr. Hall 
   of Texas, Mr. Hayes, Mr. Hilliard, Mr. Hutto, Mr. Jefferson, Mr. 
 Livingston, Mr. McCurdy, Mr. Montgomery, Mr. Oberstar, Mr. Ortiz, Mr. 
 Parker, Mr. Peterson of Florida, Mr. Petri, Mr. Pickle, Mr. Poshard, 
 Mr. Rahall, Mr. Sangmeister, Mr. Sarpalius, Mr. Shaw, Mr. Tanner, Mr. 
   Tauzin, Mr. Taylor of Mississippi, Mr. Tejeda, Mrs. Thurman, Mr. 
 Washington, Mr. Wilson, and Mr. Wise) introduced the following bill; 
  which was referred jointly to the Committees on Merchant Marine and 
  Fisheries, Public Works and Transportation, and Science, Space, and 
                               Technology

_______________________________________________________________________

                                 A BILL

 
  To establish a Gulf of Mexico economic and environmental protection 
                    program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf of Mexico Economic and 
Environmental Protection Act of 1993''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--
            (1) Gulf of mexico as an economic and environmental 
        resource.--Congress finds that the Gulf of Mexico is an 
        extraordinary economic and environmental resource that--
                    (A) accounts for 97 percent of offshore natural 
                gas, and 83 percent of offshore oil production of the 
                United States;
                    (B) generates, from oil and gas development, 
                Federal revenues that have historically been exceeded 
                only by revenues from the Federal income tax;
                    (C) contributes annually to the economy of the 
                United States, from tourism-related dollars, 
                approximately $20,000,000,000;
                    (D) accounts for 45 percent of the shipping of 
                imports and exports handled by the ports of the United 
                States;
                    (E) accounts for 11 of the 20 ports that handle the 
                greatest quantity of tonnage in the United States;
                    (F) produces approximately 18 percent of the 
                commercial fish yield in the United States;
                    (G) yields more than 2\1/2\ times the amount of 
                shrimp that is produced by all other shrimp fisheries 
                of the United States combined;
                    (H) borders about half of the total wetland area of 
                the continental United States; and
                    (I) provides critical estuarine habitat for large 
                populations of finfish, shellfish, waterfowl, 
                shorebirds, colonial nesting birds, and 75 percent of 
                the migratory waterfowl that traverses the United 
                States.
            (2) Environmental concerns.--Congress finds that--
                    (A) the Gulf of Mexico is showing signs of 
                deterioration in environmental quality, including 
                excess nutrients, toxic substances and the presence of 
                pathogens;
                    (B) concerns over human health have resulted in the 
                permanent or conditional closure of 3,400,000 acres of 
                shellfish growing areas along the coast of the Gulf of 
                Mexico;
                    (C) the region of the Gulf of Mexico is 
                experiencing extensive losses of marshes, mangroves, 
                and seagrass beds that are critical and highly 
                productive habitat for a wide variety of estuarine and 
                marine organisms;
                    (D) the Gulf of Mexico is uniquely susceptible to 
                catastrophic weather events that accelerate coastal 
                erosion, destroy wetlands and other critical habitat, 
                hamper economic activity, and threaten shipping and 
                commerce;
                    (E) inherent oceanic and atmospheric circulation 
                patterns around the Gulf of Mexico render the marine 
                environment of the Gulf an integral component of the 
                environment of the Wider Caribbean Region; and
                    (F) water from two thirds of the land area of the 
                48 contiguous States plus a part of Canada and over 
                half the Republic of Mexico enters the Gulf of Mexico, 
                having a significant impact on the Gulf.
            (3) National consequences.--Congress finds that--
                    (A) the Gulf of Mexico is a national treasure that 
                is beset by environmental deterioration that is so 
                extensive and complex that no single Gulf State or 
                Federal agency can address the environmental problems 
                alone; and
                    (B) the long-term deterioration of the 
                environmental quality of the Gulf of Mexico constitutes 
                a threat to the national interest.
    (b) Purposes.--The purposes of this Act are to--
            (1) establish a comprehensive Gulf of Mexico Program that 
        coordinates the participation of Federal agencies and 
        departments and agencies of States and political subdivisions 
        of States;
            (2) develop a coordinated comprehensive joint plan for the 
        economic and environmental protection of the Gulf;
            (3) focus on improving water quality in the Gulf of Mexico, 
        reducing coastal erosion, ameliorating the economic loss of 
        fisheries in the Gulf, and other economic and environmental 
        issues; and
            (4) establish a Gulf of Mexico Program Office to carry out 
        the purposes referred to in paragraphs (1) through (3).

SEC. 3. DEFINITIONS.

    As used in this Act, unless the context expressly implies 
otherwise:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental 
        Protection Agency.
            (3) Board.--The term ``Board'' means the Gulf of Mexico 
        Executive Board established under section 6(a).
            (4) Committee.--The term ``Committee'' means the Gulf 
        Citizens Advisory Committee established under section 6(b).
            (5) Director.--The term ``Director'' means the Director of 
        the Program Office.
            (6) Federal agency.--The term ``Federal agency'' means the 
        Environmental Protection Agency, the Department of the Army, 
        the Department of Agriculture, the Department of 
        Transportation, the Department of Commerce, the Department of 
        the Interior, any other Federal agency that has jurisdiction 
        over coastal and marine resources, and any other Federal agency 
        that the Board determines to be necessary to develop and 
        implement the preliminary Plan or final Plan.
            (7) Final plan.--The term ``final Plan'' means the final 
        coordinated comprehensive joint plan for the Gulf promulgated 
        by the Administrator under section 7.
            (8) Governor.--The term ``Governor'' means a Governor of a 
        Gulf State.
            (9) Gulf.--The term ``Gulf'' means the Gulf of Mexico.
            (10) Gulf region.--The term ``Gulf region'' means the 
        geographic region of the Gulf States and the Gulf.
            (11) Gulf state.--The term ``Gulf State'' means--
                    (A) Alabama;
                    (B) Florida;
                    (C) Louisiana;
                    (D) Mississippi; or
                    (E) Texas.
            (12) Gulf states.--The term ``Gulf States'' means the 
        States referred to in subparagraphs (A) through (E) of 
        paragraph (11).
            (13) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning provided in 
        section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1141(a)).
            (14) Non-federal agency.--The term ``non-Federal agency'' 
        means any department or agency of a Gulf State or political 
        subdivision of a Gulf State or an interstate entity referred to 
        in section 6(a)(2). The term shall include a Gulf port 
        authority.
            (15) Preliminary plan.--The term ``preliminary Plan'' means 
        the preliminary coordinated comprehensive joint plan for the 
        Gulf that is developed by the Board under section 7.
            (16) Program.--The term ``Program'' means the Gulf of 
        Mexico Program authorized under section 4(a).
            (17) Private entity.--The term ``private entity'' includes 
        any local citizens group, institution of higher education, 
        private business, or nonprofit organization.
            (18) Program office.--The term ``Program Office'' means the 
        Gulf of Mexico Program Office established under section 5.
            (19) Wider caribbean region.--The term ``Wider Caribbean 
        region'' means the Gulf of Mexico, the Caribbean Sea, and areas 
        of the Atlantic Ocean adjacent to the Caribbean Sea, south of 
        30 degrees north latitude and within 200 nautical miles of the 
        Atlantic coast of the countries that are signatories to the 
        Convention for the Protection and Development of the Marine 
        Environment of the Wider Caribbean Region, with Annex, done at 
        Cartagena on March 24, 1993 (TIAS 11085).

SEC. 4. GULF OF MEXICO PROGRAM.

    (a) Authorization.--There is hereby authorized an interagency 
program for the preservation and protection of the economic and 
environmental resources of the Gulf. The program shall be known as the 
``Gulf of Mexico Program''. The Environmental Protection Agency shall 
serve as the lead agency of the Program.
    (b) Reorganization of Existing Program.--As soon as is practicable, 
the Administrator shall reorganize the Gulf of Mexico Program (as in 
effect on the day before the date of enactment of this Act). The 
Administrator shall transfer the functions of the program described in 
this subsection to the Program.
    (c) Agreements; Memoranda.--(1) To carry out the interagency 
program, the Administrator shall enter into an agreement or memorandum 
of understanding with the head of each Federal agency for the 
participation of the Federal agency in the activities of the Program.
    (2) Participating Federal agencies may enter into such a bilateral 
or multilateral agreement as may be necessary to carry out the purposes 
of this Act.
    (d) Activities of the Program.--The activities of the Program shall 
include the following activities, with respect to the management of the 
economic and environmental resources of the Gulf:
            (1) Coordinate the activities of Federal agencies with the 
        activities of non-Federal agencies.
            (2) Cooperate with private individuals and entities.
            (3) Carry out a comprehensive assessment of the economic 
        and environmental conditions and trends of the Gulf.
            (4) Provide data management required to meet Program needs.
            (5) Develop and implement a coordinated comprehensive joint 
        plan (as described in section 7).
            (6) Monitor and assess the effectiveness of actions taken 
        pursuant to the final Plan.

SEC. 5. GULF OF MEXICO PROGRAM OFFICE.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall establish within the 
Agency, the Gulf of Mexico Program Office.
    (b) Location.--The Gulf of Mexico Program Office shall be located 
in a Gulf State.
    (c) Director.--The Program Office shall be headed by a Director, 
who shall be appointed by the Administrator by the date specified in 
subsection (a).
    (d) Duties of the Director.--The Director shall carry out the 
functions of the Program Office.
    (e) Delegation of Authority.--To the extent allowable by law, the 
Administrator shall delegate to the Director such authority as is 
necessary to carry out this section.
    (f) Functions of the Program Office.--The functions of the Program 
Office are to--
            (1) provide such administrative and technical support as 
        are necessary to assist the Board in carrying out the duties 
        referred to in section 7 and Program activities referred to in 
        section 4;
            (2) coordinate the activities of the offices of the Agency, 
        to ensure that each office of the Agency complies with any 
        applicable requirements of the final Plan;
            (3) oversee the preparation of each plan or report required 
        to be submitted to Congress under this Act; and
            (4) conduct any other activity that the Administrator 
        determines to be necessary to carry out this Act.
    (g) Funding.--(1) Notwithstanding any other provision of law, in 
any appropriations request submitted by the Administrator to the 
President pursuant to section 1108 of title 31, United States Code, the 
Administrator shall request that the funding of the Program Office be 
included as a separate line item.
    (2) After the date of enactment of this Act and notwithstanding any 
other provision of law, in any appropriations request submitted by a 
Federal agency pursuant to section 1108 of title 31, United States 
Code, the Federal agency shall request funding for participation in the 
Program as a separate line item, and such request shall be accompanied 
by the report required to be submitted to the President under section 8 
of this Act.

SEC. 6. GULF OF MEXICO EXECUTIVE BOARD.

    (a) Establishment.--
            (1) In general.--As soon as is practicable after the date 
        of enactment of this Act, the President shall establish a board 
        that shall be known as the ``Gulf of Mexico Executive Board''.
            (2) Members.--Except as provided in paragraph (3), the 
        Board shall be composed of the following members, who shall be 
        appointed by the President:
                    (A) The Administrator, who shall serve as the 
                Chairperson of the Board.
                    (B) The Secretary of the Army.
                    (C) The Secretary of Agriculture.
                    (D) The Secretary of Commerce.
                    (E) The Secretary of the Interior.
                    (F) The Secretary of Transportation.
                    (G) Each Governor of a Gulf State.
                    (H) One elected local official from a coastal 
                county appointed by the Governor of each State.
                    (I) The Chairperson of the Gulf Citizens Advisory 
                Committee referred to in subsection (b).
            (3) Designees.--Any individual referred to in subparagraphs 
        (A) through (H) may, in lieu of serving on the Board, designate 
        another individual to serve on the Board.
    (b) Gulf Citizens Advisory Committee.--The Board shall establish an 
advisory committee to be known as the ``Gulf Citizens Advisory 
Committee''. The Committee shall be composed of citizens of the Gulf 
region, including representatives of private entities, who are 
appointed by the Governor of each Gulf State.
    (c) Other Committees.--The Board may establish such other 
committees as the Board determines necessary to carry out this Act.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 180 days after the 
        date of enactment of this Act, the Chairperson of the Board 
        shall convene a meeting of the Board.
            (2) Subsequent meetings.--The Chairperson of the Board, in 
        consultation with the other members of the Board, shall convene 
        subsequent meetings of the Board, not less frequently than 
        biannually, to carry out the duties of the Board under this 
        Act.
    (e) Quorum.--A majority of the members of the Board shall 
constitute a quorum, but a lesser number of members may hold hearings. 
In any vote held by the Board, each member of the Board shall have 1 
vote.
    (f) Compensation.--Members of the Board (and members of any 
advisory committee established by the Board) shall serve without 
additional compensation, except that the members of the Board (and 
members of any advisory committee established by the Board) shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Board.

SEC. 7. COORDINATED COMPREHENSIVE JOINT PLAN.

    (a) Purpose of Plan.--Not later than 2 years after the date of 
enactment of this Act, the Board shall develop a preliminary 
coordinated comprehensive joint plan for the Gulf. The preliminary Plan 
shall recommend a mechanism for balancing priority actions to address 
economic and environmental problems of the Gulf, including the 
coordination of schedules for carrying out the actions.
    (b) Use of Available Resources.--In developing the preliminary 
Plan, the Board shall, to the maximum extent practicable, use any 
research information and other resources of Federal agencies, 
departments and agencies of States, and other public and private 
entities that are available to the Board at the time of the development 
of the preliminary Plan.
    (c) Interim Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Board shall prepare a report 
        concerning assessments of environmental quality of the Gulf and 
        the impact of the environmental quality of the Gulf on the 
        relative economic importance and economic viability of the 
        Gulf. The Board shall use the report as the basis for the 
        development of the preliminary Plan.
            (2) Contents of report.--The report shall include--
                    (A) a description of the information and research 
                available to the Board concerning the environmental 
                quality of the Gulf;
                    (B) an inventory of environmental research and 
                monitoring programs that the Board determines relevant;
                    (C) an identification of any deficiencies in 
                information and research that the Board determines 
                necessary for the development and implementation of the 
                preliminary Plan;
                    (D) an assessment of the degree of economic 
                importance, and contributions to the economy, of the 
                Gulf to the--
                            (i) Gulf States; and
                            (ii) United States; and
                    (E) an identification of the environmental problems 
                that pose a threat to the Gulf of Mexico, including 
                problems related to habitat degradation, marine debris, 
                nutrient enrichment, toxic substances and pesticides, 
                freshwater inflow, data and information transfer, 
                public education and outreach, public health, coastal 
                erosion, and living marine resources.
            (3) Submission to congress.--On completion of the report, 
        the Chairperson of the Board shall submit a copy of the report 
        to Congress.
    (d) Analysis of Policy Alternatives.--
            (1) In general.--In determining the activities to be 
        included in the preliminary Plan, the Chairperson of the Board 
        shall ensure that--
                    (A) all reasonable strategies known to the Board to 
                carry out the purpose referred to in subsection (a) are 
                considered by the Board; and
                    (B) there is adequate notice and opportunity for 
                public comment and review of actions taken by the Board 
                to develop the preliminary Plan.
            (2) Selection of strategies.--The Board shall select for 
        inclusion in the preliminary Plan strategies that address 
        issues related to economic and environmental problems of the 
        Gulf that the Board considers to be of the highest priority and 
        most cost effective as determined by cost-benefit analysis.
    (e) Contents of Preliminary Plan.--The preliminary Plan shall 
include--
            (1) a description of the primary functions, with respect to 
        the management of the Gulf, of each--
                    (A) Federal agency; and
                    (B) non-Federal agency;
            (2) activities to be carried out by a Federal agency, non-
        Federal agency, or private entity under the preliminary Plan, 
        including any cooperative activity to be conducted between a 
        Federal agency and non-Federal agency or private entity (or 
        both);
            (3) with respect to each activity referred to in paragraph 
        (2)--
                    (A) the amount of financial (and other) resources 
                necessary to carry out the activity; and
                    (B) the period of time necessary for carrying out 
                the activity; and
            (4) a strategy for monitoring and assessing the 
        effectiveness of the activities carried out under the 
        preliminary Plan.
    (f) Final Plan.--As soon as practicable after the submission to 
Congress of the preliminary Plan, and after giving opportunity to 
members of Congress, other appropriate officials, and the public to 
review and comment on the preliminary Plan, the Administrator shall 
establish a final Plan that is substantially similar to the preliminary 
Plan. The head of each Federal agency referred to in section 6(a)(2) 
shall take such actions as are necessary to carry out the final Plan.
    (g) Agreements.--
            (1) Federal agencies.--The Administrator shall enter into 
        such agreements, including for the transfer or disbursement of 
        appropriated funds, with the heads of Federal agencies as are 
        necessary to develop and carry out the final Plan.
            (2) Non-federal agencies.--The Administrator or Federal 
        members of the Board, or both, shall offer to enter into an 
        agreement with the head of each non-Federal agency whom the 
        Administrator determines to be appropriate to carry out an 
        activity under the final Plan.
            (3) Private entities; private individuals.--The 
        Administrator shall offer to enter into an agreement with the 
        appropriate official of each private entity or private 
        individual whom the Administrator determines to be appropriate 
        to carry out an activity under the final Plan.
    (h) Interim Actions.--During the period beginning on the date the 
preliminary plan is submitted to the Congress and ending on the 
effective date of the final Plan, if the head of a Federal agency 
intends to take an action in the Gulf significantly contrary to the 
preliminary plan, the head of the Federal agency shall notify the Board 
prior to taking the action. This subsection shall not apply if the 
action is a response to an imminent hazard or if the President 
determines the action to be in the paramount interest of the United 
States.
    (i) Modification of Final Plan.--
            (1) In general.--On the recommendation of the Board, the 
        Administrator may, after providing opportunity for public 
        review and comment, promulgate regulations to modify the final 
        Plan.
            (2) Periodic review.--Not later than 5 years after the date 
        on which the final Plan becomes effective, and every 5 years 
        thereafter, the Board shall review the final Plan and make such 
        recommendations for the modification of the final Plan as the 
        Board considers necessary. On the recommendation of the Board, 
        the Administrator shall promulgate modifications to the final 
        Plan that are substantially similar to the modifications 
        recommended by the Board.
    (j) Plan Evaluation.--Not later than 1 year after the date of 
promulgation of the final Plan, and annually thereafter, the 
Administrator shall submit a report to Congress on the status of the 
final Plan that includes--
            (1) an evaluation of the degree of effectiveness of the 
        final Plan in meeting the purposes of this Act;
            (2) a summary of the status of each activity carried out 
        under the plan; and
            (3) with respect to each activity referred to in paragraph 
        (2), the amount of funding available to implement the activity.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Environmental Protection Agency.--Subject to the limitations 
under subsection (c), there are authorized to be appropriated to the 
Environmental Protection Agency (in addition to any amounts otherwise 
appropriated to the Environmental Protection Agency) to carry out this 
Act, such sums as may be necessary for fiscal year 1994, and each 
fiscal year thereafter, to carry out the duties of the Board under this 
Act.
    (b) Allocation of Available Amounts.--Subject to the limitations 
under subsection (c), the Administrator shall, with funds made 
available in accordance with this Act, allocate among the Federal 
agency members of the Board, such sums as may be necessary for fiscal 
year 1994 and each fiscal year thereafter, to carry out the duties of 
the Board under this Act.
    (c) Limitations.--The total of the amounts authorized to be 
appropriated under subsections (a) and (b) may not exceed--
            (1) $25,000,000 for fiscal year 1994;
            (2) $50,000,000 for fiscal year 1995;
            (3) $75,000,000 for fiscal year 1996; and
            (4) $100,000,000 for fiscal year 1997.
    (d) Administrative Expenses.--Not more than 10 percent of the total 
amount appropriated for any fiscal year to carry out this Act shall be 
used for administrative purposes.
    (e) Budget Coordination.--
            (1) Advice of board.--The Board shall, not less frequently 
        than annually, advise the head of each Federal agency with 
        respect to the preparation of any request relating to an action 
        or project under the Program conducted by the Federal agency to 
        be included in an appropriations request submitted to the 
        President pursuant to section 1108 of title 31, United States 
        Code.
            (2) Submission of report with appropriations request.--
                    (A) Report to president.--Each head of a Federal 
                agency shall submit to the President with each 
                appropriations request referred to in paragraph (1) a 
                report that identifies each activity conducted, or 
                proposed to be conducted, by the Federal agency that 
                relates to the development and implementation of the 
                final Plan.
                    (B) Report to board.--The head of each Federal 
                agency shall submit a copy of the report referred to in 
                subparagraph (A) to the Board on the date that the 
                report is submitted to the President.
            (3) Solicitation of advice of board.--The President shall, 
        in a timely fashion after receipt of a report referred to in 
        paragraph (2)(A), solicit the comments of the Board concerning 
        the implications of the report on the implementation of the 
        final Plan.
            (4) Identification of budget items.--The President shall 
        identify in the budget of the United States Government 
        submitted by the President to Congress pursuant to section 1105 
        of title 31, United States Code, the items of the budget of 
        each Federal agency that are to be allocated to addressing an 
        element of the final Plan.

SEC. 9. STATUTORY CONSTRUCTION.

    Except as expressly provided otherwise, nothing in this Act is 
intended to affect the jurisdiction, power, or prerogative of any 
department, agency, or officer of--
            (1) the Federal Government; or
            (2) the government of a State.

                                 <all>

HR 1899 IH----2
```