I

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.

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

2 This Act may be cited as the ‘‘Gulf of Mexico Eco3 nomic and Environmental Protection Act of 1993’’.

4 SEC. 2. FINDINGS; PURPOSES.

5 (a) FINDINGS.—

6 (1) GULF OF MEXICO AS AN ECONOMIC AND

7 ENVIRONMENTAL RESOURCE.—Congress finds that

8 the Gulf of Mexico is an extraordinary economic and

9 environmental resource that—

10 (A) accounts for 97 percent of offshore

11 natural gas, and 83 percent of offshore oil pro12 duction of the United States;

13 (B) generates, from oil and gas develop14 ment, Federal revenues that have historically

15 been exceeded only by revenues from the Fed16 eral income tax;

17 (C) contributes annually to the economy of

18 the United States, from tourism-related dollars,

19 approximately $20,000,000,000;

20 (D) accounts for 45 percent of the ship21 ping of imports and exports handled by the

22 ports of the United States;

23 (E) accounts for 11 of the 20 ports that

24 handle the greatest quantity of tonnage in the

25 United States;
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1 (F) produces approximately 18 percent of

2 the commercial fish yield in the United States;

(G) yields more than 21 3 ⁄2 times the amount

4 of shrimp that is produced by all other shrimp

5 fisheries of the United States combined;

6 (H) borders about half of the total wetland

7 area of the continental United States; and

8 (I) provides critical estuarine habitat for

9 large populations of finfish, shellfish, waterfowl,

10 shorebirds, colonial nesting birds, and 75 per11 cent of the migratory waterfowl that traverses

12 the United States.

13 (2) ENVIRONMENTAL CONCERNS.—Congress

14 finds that—

15 (A) the Gulf of Mexico is showing signs of

16 deterioration in environmental quality, including

17 excess nutrients, toxic substances and the pres18 ence of pathogens;

19 (B) concerns over human health have re20 sulted in the permanent or conditional closure

21 of 3,400,000 acres of shellfish growing areas

22 along the coast of the Gulf of Mexico;

23 (C) the region of the Gulf of Mexico is

24 experiencing extensive losses of marshes,

25 mangroves, and seagrass beds that are critical
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1 and highly productive habitat for a wide variety

2 of estuarine and marine organisms;

3 (D) the Gulf of Mexico is uniquely suscep4 tible to catastrophic weather events that accel5 erate coastal erosion, destroy wetlands and

6 other critical habitat, hamper economic activity,

7 and threaten shipping and commerce;

8 (E) inherent oceanic and atmospheric cir9 culation patterns around the Gulf of Mexico

10 render the marine environment of the Gulf an

11 integral component of the environment of the

12 Wider Caribbean Region; and

13 (F) water from two thirds of the land area

14 of the 48 contiguous States plus a part of Can15 ada and over half the Republic of Mexico enters

16 the Gulf of Mexico, having a significant impact

17 on the Gulf.

18 (3) NATIONAL CONSEQUENCES.—Congress

19 finds that—

20 (A) the Gulf of Mexico is a national treas21 ure that is beset by environmental deterioration

22 that is so extensive and complex that no single

23 Gulf State or Federal agency can address the

24 environmental problems alone; and
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1 (B) the long-term deterioration of the envi2 ronmental quality of the Gulf of Mexico con3 stitutes a threat to the national interest.

4 (b) PURPOSES.—The purposes of this Act are to—

5 (1) establish a comprehensive Gulf of Mexico

6 Program that coordinates the participation of Fed7 eral agencies and departments and agencies of

8 States and political subdivisions of States;

9 (2) develop a coordinated comprehensive joint

10 plan for the economic and environmental protection

11 of the Gulf;

12 (3) focus on improving water quality in the

13 Gulf of Mexico, reducing coastal erosion, ameliorat14 ing the economic loss of fisheries in the Gulf, and

15 other economic and environmental issues; and

16 (4) establish a Gulf of Mexico Program Office

17 to carry out the purposes referred to in paragraphs

18 (1) through (3).

19 SEC. 3. DEFINITIONS.

20 As used in this Act, unless the context expressly im21 plies otherwise:

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency.
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1 (2) AGENCY.—The term ‘‘Agency’’ means the

2 Environmental Protection Agency.

3 (3) BOARD.—The term ‘‘Board’’ means the

4 Gulf of Mexico Executive Board established under

5 section 6(a).

6 (4) COMMITTEE.—The term ‘‘Committee’’

7 means the Gulf Citizens Advisory Committee estab8 lished under section 6(b).

9 (5) DIRECTOR.—The term ‘‘Director’’ means

10 the Director of the Program Office.

11 (6) FEDERAL AGENCY.—The term ‘‘Federal

12 agency’’ means the Environmental Protection Agen13 cy, the Department of the Army, the Department of

14 Agriculture, the Department of Transportation, the

15 Department of Commerce, the Department of the

16 Interior, any other Federal agency that has jurisdic17 tion over coastal and marine resources, and any

18 other Federal agency that the Board determines to

19 be necessary to develop and implement the prelimi20 nary Plan or final Plan.

21 (7) FINAL PLAN.—The term ‘‘final Plan’’

22 means the final coordinated comprehensive joint

23 plan for the Gulf promulgated by the Administrator

24 under section 7.
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1 (8) GOVERNOR.—The term ‘‘Governor’’ means

2 a Governor of a Gulf State.

3 (9) GULF.—The term ‘‘Gulf’’ means the Gulf of

4 Mexico.

5 (10) GULF REGION.—The term ‘‘Gulf region’’

6 means the geographic region of the Gulf States and

7 the Gulf.

8 (11) GULF STATE.—The term ‘‘Gulf State’’

9 means—

10 (A) Alabama;

11 (B) Florida;

12 (C) Louisiana;

13 (D) Mississippi; or

14 (E) Texas.

15 (12) GULF STATES.—The term ‘‘Gulf States’’

16 means the States referred to in subparagraphs (A)

17 through (E) of paragraph (11).

18 (13) INSTITUTION OF HIGHER EDUCATION.—

19 The term ‘‘institution of higher education’’ has the

20 meaning provided in section 1201(a) of the Higher

21 Education Act of 1965 (20 U.S.C. 1141(a)).

22 (14) NON-FEDERAL AGENCY.—The term ‘‘non23 Federal agency’’ means any department or agency of

24 a Gulf State or political subdivision of a Gulf State
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1 or an interstate entity referred to in section 6(a)(2).

2 The term shall include a Gulf port authority.

3 (15) PRELIMINARY PLAN.—The term ‘‘prelimi4 nary Plan’’ means the preliminary coordinated com5 prehensive joint plan for the Gulf that is developed

6 by the Board under section 7.

7 (16) PROGRAM.—The term ‘‘Program’’ means

8 the Gulf of Mexico Program authorized under sec9 tion 4(a).

10 (17) PRIVATE ENTITY.—The term ‘‘private en11 tity’’ includes any local citizens group, institution of

12 higher education, private business, or nonprofit or13 ganization.

14 (18) PROGRAM OFFICE.—The term ‘‘Program

15 Office’’ means the Gulf of Mexico Program Office

16 established under section 5.

17 (19) WIDER CARIBBEAN REGION.—The term

18 ‘‘Wider Caribbean region’’ means the Gulf of Mex19 ico, the Caribbean Sea, and areas of the Atlantic

20 Ocean adjacent to the Caribbean Sea, south of 30

21 degrees north latitude and within 200 nautical miles

22 of the Atlantic coast of the countries that are sig23 natories to the Convention for the Protection and

24 Development of the Marine Environment of the
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1 Wider Caribbean Region, with Annex, done at

2 Cartagena on March 24, 1993 (TIAS 11085).

3 SEC. 4. GULF OF MEXICO PROGRAM.

4 (a) AUTHORIZATION.—There is hereby authorized an

5 interagency program for the preservation and protection

6 of the economic and environmental resources of the Gulf.

7 The program shall be known as the ‘‘Gulf of Mexico Pro8 gram’’. The Environmental Protection Agency shall serve

9 as the lead agency of the Program.

10 (b) REORGANIZATION OF EXISTING PROGRAM.—As

11 soon as is practicable, the Administrator shall reorganize

12 the Gulf of Mexico Program (as in effect on the day before

13 the date of enactment of this Act). The Administrator

14 shall transfer the functions of the program described in

15 this subsection to the Program.

16 (c) AGREEMENTS; MEMORANDA.—(1) To carry out

17 the interagency program, the Administrator shall enter

18 into an agreement or memorandum of understanding with

19 the head of each Federal agency for the participation of

20 the Federal agency in the activities of the Program.

21 (2) Participating Federal agencies may enter into

22 such a bilateral or multilateral agreement as may be nec23 essary to carry out the purposes of this Act.

24 (d) ACTIVITIES OF THE PROGRAM.—The activities of

25 the Program shall include the following activities, with re-
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1 spect to the management of the economic and environ2 mental resources of the Gulf:

3 (1) Coordinate the activities of Federal agencies

4 with the activities of non-Federal agencies.

5 (2) Cooperate with private individuals and

6 entities.

7 (3) Carry out a comprehensive assessment of

8 the economic and environmental conditions and

9 trends of the Gulf.

10 (4) Provide data management required to meet

11 Program needs.

12 (5) Develop and implement a coordinated com13 prehensive joint plan (as described in section 7).

14 (6) Monitor and assess the effectiveness of

15 actions taken pursuant to the final Plan.

16 SEC. 5. GULF OF MEXICO PROGRAM OFFICE.

17 (a) ESTABLISHMENT.—Not later than 90 days after

18 the date of enactment of this Act, the Administrator shall

19 establish within the Agency, the Gulf of Mexico Program

20 Office.

21 (b) LOCATION.—The Gulf of Mexico Program Office

22 shall be located in a Gulf State.

23 (c) DIRECTOR.—The Program Office shall be headed

24 by a Director, who shall be appointed by the Adminis25 trator by the date specified in subsection (a).
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1 (d) DUTIES OF THE DIRECTOR.—The Director shall

2 carry out the functions of the Program Office.

3 (e) DELEGATION OF AUTHORITY.—To the extent al4 lowable by law, the Administrator shall delegate to the

5 Director such authority as is necessary to carry out this

6 section.

7 (f) FUNCTIONS OF THE PROGRAM OFFICE.—The

8 functions of the Program Office are to—

9 (1) provide such administrative and technical

10 support as are necessary to assist the Board in car11 rying out the duties referred to in section 7 and Pro12 gram activities referred to in section 4;

13 (2) coordinate the activities of the offices of the

14 Agency, to ensure that each office of the Agency

15 complies with any applicable requirements of the

16 final Plan;

17 (3) oversee the preparation of each plan or re18 port required to be submitted to Congress under this

19 Act; and

20 (4) conduct any other activity that the Adminis21 trator determines to be necessary to carry out this

22 Act.

23 (g) FUNDING.—(1) Notwithstanding any other provi24 sion of law, in any appropriations request submitted by

25 the Administrator to the President pursuant to section
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1 1108 of title 31, United States Code, the Administrator

2 shall request that the funding of the Program Office be

3 included as a separate line item.

4 (2) After the date of enactment of this Act and not5 withstanding any other provision of law, in any appropria6 tions request submitted by a Federal agency pursuant to

7 section 1108 of title 31, United States Code, the Federal

8 agency shall request funding for participation in the Pro9 gram as a separate line item, and such request shall be

10 accompanied by the report required to be submitted to the

11 President under section 8 of this Act.

12 SEC. 6. GULF OF MEXICO EXECUTIVE BOARD.

13 (a) ESTABLISHMENT.—

14 (1) IN GENERAL.—As soon as is practicable

15 after the date of enactment of this Act, the Presi16 dent shall establish a board that shall be known as

17 the ‘‘Gulf of Mexico Executive Board’’.

18 (2) MEMBERS.—Except as provided in para19 graph (3), the Board shall be composed of the fol20 lowing members, who shall be appointed by the

21 President:

22 (A) The Administrator, who shall serve as

23 the Chairperson of the Board.

24 (B) The Secretary of the Army.

25 (C) The Secretary of Agriculture.
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1 (D) The Secretary of Commerce.

2 (E) The Secretary of the Interior.

3 (F) The Secretary of Transportation.

4 (G) Each Governor of a Gulf State.

5 (H) One elected local official from a coast6 al county appointed by the Governor of each

7 State.

8 (I) The Chairperson of the Gulf Citizens

9 Advisory Committee referred to in subsection

10 (b).

11 (3) DESIGNEES.—Any individual referred to in

12 subparagraphs (A) through (H) may, in lieu of serv13 ing on the Board, designate another individual to

14 serve on the Board.

15 (b) GULF CITIZENS ADVISORY COMMITTEE.—The

16 Board shall establish an advisory committee to be known

17 as the ‘‘Gulf Citizens Advisory Committee’’. The Commit18 tee shall be composed of citizens of the Gulf region, includ19 ing representatives of private entities, who are appointed

20 by the Governor of each Gulf State.

21 (c) OTHER COMMITTEES.—The Board may establish

22 such other committees as the Board determines necessary

23 to carry out this Act.

24 (d) MEETINGS.—
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1 (1) INITIAL MEETING.—Not later than 180

2 days after the date of enactment of this Act, the

3 Chairperson of the Board shall convene a meeting of

4 the Board.

5 (2) SUBSEQUENT MEETINGS.—The Chairperson

6 of the Board, in consultation with the other mem7 bers of the Board, shall convene subsequent meet8 ings of the Board, not less frequently than bian9 nually, to carry out the duties of the Board under

10 this Act.

11 (e) QUORUM.—A majority of the members of the

12 Board shall constitute a quorum, but a lesser number of

13 members may hold hearings. In any vote held by the

14 Board, each member of the Board shall have 1 vote.

15 (f) COMPENSATION.—Members of the Board (and

16 members of any advisory committee established by the

17 Board) shall serve without additional compensation, ex18 cept that the members of the Board (and members of any

19 advisory committee established by the Board) shall be al20 lowed travel expenses, including per diem in lieu of sub21 sistence, at rates authorized for employees of agencies

22 under subchapter I of chapter 57 of title 5, United States

23 Code, while away from their homes or regular places of

24 business in the performance of services for the Board.
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1 SEC. 7. COORDINATED COMPREHENSIVE JOINT PLAN.

2 (a) PURPOSE OF PLAN.—Not later than 2 years after

3 the date of enactment of this Act, the Board shall develop

4 a preliminary coordinated comprehensive joint plan for the

5 Gulf. The preliminary Plan shall recommend a mechanism

6 for balancing priority actions to address economic and en7 vironmental problems of the Gulf, including the coordina8 tion of schedules for carrying out the actions.

9 (b) USE OF AVAILABLE RESOURCES.—In developing

10 the preliminary Plan, the Board shall, to the maximum

11 extent practicable, use any research information and other

12 resources of Federal agencies, departments and agencies

13 of States, and other public and private entities that are

14 available to the Board at the time of the development of

15 the preliminary Plan.

16 (c) INTERIM REPORT.—

17 (1) IN GENERAL.—Not later than 1 year after

18 the date of enactment of this Act, the Board shall

19 prepare a report concerning assessments of environ20 mental quality of the Gulf and the impact of the en21 vironmental quality of the Gulf on the relative eco22 nomic importance and economic viability of the Gulf.

23 The Board shall use the report as the basis for the

24 development of the preliminary Plan.

25 (2) CONTENTS OF REPORT.—The report shall

26 include—
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1 (A) a description of the information and

2 research available to the Board concerning the

3 environmental quality of the Gulf;

4 (B) an inventory of environmental research

5 and monitoring programs that the Board deter6 mines relevant;

7 (C) an identification of any deficiencies in

8 information and research that the Board deter9 mines necessary for the development and imple10 mentation of the preliminary Plan;

11 (D) an assessment of the degree of eco12 nomic importance, and contributions to the

13 economy, of the Gulf to the—

14 (i) Gulf States; and

15 (ii) United States; and

16 (E) an identification of the environmental

17 problems that pose a threat to the Gulf of Mex18 ico, including problems related to habitat deg19 radation, marine debris, nutrient enrichment,

20 toxic substances and pesticides, freshwater in21 flow, data and information transfer, public edu22 cation and outreach, public health, coastal ero23 sion, and living marine resources.
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1 (3) SUBMISSION TO CONGRESS.—On completion

2 of the report, the Chairperson of the Board shall

3 submit a copy of the report to Congress.

4 (d) ANALYSIS OF POLICY ALTERNATIVES.—

5 (1) IN GENERAL.—In determining the activities

6 to be included in the preliminary Plan, the Chair7 person of the Board shall ensure that—

8 (A) all reasonable strategies known to the

9 Board to carry out the purpose referred to in

10 subsection (a) are considered by the Board; and

11 (B) there is adequate notice and oppor12 tunity for public comment and review of actions

13 taken by the Board to develop the preliminary

14 Plan.

15 (2) SELECTION OF STRATEGIES.—The Board

16 shall select for inclusion in the preliminary Plan

17 strategies that address issues related to economic

18 and environmental problems of the Gulf that the

19 Board considers to be of the highest priority and

20 most cost effective as determined by cost-benefit

21 analysis.

22 (e) CONTENTS OF PRELIMINARY PLAN.—The pre23 liminary Plan shall include—

24 (1) a description of the primary functions, with

25 respect to the management of the Gulf, of each—
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1 (A) Federal agency; and

2 (B) non-Federal agency;

3 (2) activities to be carried out by a Federal

4 agency, non-Federal agency, or private entity under

5 the preliminary Plan, including any cooperative ac6 tivity to be conducted between a Federal agency and

7 non-Federal agency or private entity (or both);

8 (3) with respect to each activity referred to in

9 paragraph (2)—

10 (A) the amount of financial (and other) re11 sources necessary to carry out the activity; and

12 (B) the period of time necessary for carry13 ing out the activity; and

14 (4) a strategy for monitoring and assessing the

15 effectiveness of the activities carried out under the

16 preliminary Plan.

17 (f) FINAL PLAN.—As soon as practicable after the

18 submission to Congress of the preliminary Plan, and after

19 giving opportunity to members of Congress, other appro20 priate officials, and the public to review and comment on

21 the preliminary Plan, the Administrator shall establish a

22 final Plan that is substantially similar to the preliminary

23 Plan. The head of each Federal agency referred to in sec24 tion 6(a)(2) shall take such actions as are necessary to

25 carry out the final Plan.
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1 (g) AGREEMENTS.—

2 (1) FEDERAL AGENCIES.—The Administrator

3 shall enter into such agreements, including for the

4 transfer or disbursement of appropriated funds, with

5 the heads of Federal agencies as are necessary to

6 develop and carry out the final Plan.

7 (2) NON-FEDERAL AGENCIES.—The Adminis8 trator or Federal members of the Board, or both,

9 shall offer to enter into an agreement with the head

10 of each non-Federal agency whom the Administrator

11 determines to be appropriate to carry out an activity

12 under the final Plan.

13 (3) PRIVATE ENTITIES; PRIVATE INDIVID14 UALS.—The Administrator shall offer to enter into

15 an agreement with the appropriate official of each

16 private entity or private individual whom the Admin17 istrator determines to be appropriate to carry out an

18 activity under the final Plan.

19 (h) INTERIM ACTIONS.—During the period beginning

20 on the date the preliminary plan is submitted to the Con21 gress and ending on the effective date of the final Plan,

22 if the head of a Federal agency intends to take an action

23 in the Gulf significantly contrary to the preliminary plan,

24 the head of the Federal agency shall notify the Board

25 prior to taking the action. This subsection shall not apply
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1 if the action is a response to an imminent hazard or if

2 the President determines the action to be in the para3 mount interest of the United States.

4 (i) MODIFICATION OF FINAL PLAN.—

5 (1) IN GENERAL.—On the recommendation of

6 the Board, the Administrator may, after providing

7 opportunity for public review and comment, promul8 gate regulations to modify the final Plan.

9 (2) PERIODIC REVIEW.—Not later than 5 years

10 after the date on which the final Plan becomes effec11 tive, and every 5 years thereafter, the Board shall

12 review the final Plan and make such recommenda13 tions for the modification of the final Plan as the

14 Board considers necessary. On the recommendation

15 of the Board, the Administrator shall promulgate

16 modifications to the final Plan that are substantially

17 similar to the modifications recommended by the

18 Board.

19 (j) PLAN EVALUATION.—Not later than 1 year after

20 the date of promulgation of the final Plan, and annually

21 thereafter, the Administrator shall submit a report to Con22 gress on the status of the final Plan that includes—

23 (1) an evaluation of the degree of effectiveness

24 of the final Plan in meeting the purposes of this Act;
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1 (2) a summary of the status of each activity

2 carried out under the plan; and

3 (3) with respect to each activity referred to in

4 paragraph (2), the amount of funding available to

5 implement the activity.

6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

7 (a) ENVIRONMENTAL PROTECTION AGENCY.—Sub8 ject to the limitations under subsection (c), there are au9 thorized to be appropriated to the Environmental Protec10 tion Agency (in addition to any amounts otherwise appro11 priated to the Environmental Protection Agency) to carry

12 out this Act, such sums as may be necessary for fiscal

13 year 1994, and each fiscal year thereafter, to carry out

14 the duties of the Board under this Act.

15 (b) ALLOCATION OF AVAILABLE AMOUNTS.—Subject

16 to the limitations under subsection (c), the Administrator

17 shall, with funds made available in accordance with this

18 Act, allocate among the Federal agency members of the

19 Board, such sums as may be necessary for fiscal year 1994

20 and each fiscal year thereafter, to carry out the duties of

21 the Board under this Act.

22 (c) LIMITATIONS.—The total of the amounts author23 ized to be appropriated under subsections (a) and (b) may

24 not exceed—

25 (1) $25,000,000 for fiscal year 1994;
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1 (2) $50,000,000 for fiscal year 1995;

2 (3) $75,000,000 for fiscal year 1996; and

3 (4) $100,000,000 for fiscal year 1997.

4 (d) ADMINISTRATIVE EXPENSES.—Not more than 10

5 percent of the total amount appropriated for any fiscal

6 year to carry out this Act shall be used for administrative

7 purposes.

8 (e) BUDGET COORDINATION.—

9 (1) ADVICE OF BOARD.—The Board shall, not

10 less frequently than annually, advise the head of

11 each Federal agency with respect to the preparation

12 of any request relating to an action or project under

13 the Program conducted by the Federal agency to be

14 included in an appropriations request submitted to

15 the President pursuant to section 1108 of title 31,

16 United States Code.

17 (2) SUBMISSION OF REPORT WITH APPROPRIA18 TIONS REQUEST.—

19 (A) REPORT TO PRESIDENT.—Each head

20 of a Federal agency shall submit to the Presi21 dent with each appropriations request referred

22 to in paragraph (1) a report that identifies each

23 activity conducted, or proposed to be conducted,

24 by the Federal agency that relates to the devel25 opment and implementation of the final Plan.
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1 (B) REPORT TO BOARD.—The head of

2 each Federal agency shall submit a copy of the

3 report referred to in subparagraph (A) to the

4 Board on the date that the report is submitted

5 to the President.

6 (3) SOLICITATION OF ADVICE OF BOARD.—The

7 President shall, in a timely fashion after receipt of

8 a report referred to in paragraph (2)(A), solicit the

9 comments of the Board concerning the implications

10 of the report on the implementation of the final

11 Plan.

12 (4) IDENTIFICATION OF BUDGET ITEMS.—The

13 President shall identify in the budget of the United

14 States Government submitted by the President to

15 Congress pursuant to section 1105 of title 31,

16 United States Code, the items of the budget of each

17 Federal agency that are to be allocated to address18 ing an element of the final Plan.

19 SEC. 9. STATUTORY CONSTRUCTION.

20 Except as expressly provided otherwise, nothing in

21 this Act is intended to affect the jurisdiction, power, or

22 prerogative of any department, agency, or officer of—

23 (1) the Federal Government; or

24 (2) the government of a State.
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