I
103D CONGRESS
1ST SESSION
H. R. 1566
To amend the wetland conservation provisions of the Food Security Act
of 1985, establish a Gulf of Mexico Commission, and establish a Gulf
of Mexico Program Office within the Environmental Protection Agency,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 31, 1993
Mr. DE LA GARZA introduced the following bill; which was referred jointly to
the Committees on Agriculture and Merchant Marine and Fisheries
SEPTEMBER 17, 1993
Additional sponsors: Mr. STUDDS, Mr. PETE GEREN of Texas, Mr. GON-
ZALEZ, Mr. FROST, Mr. WILSON, Mr. TEJEDA, and Mr. GENE GREEN
of Texas
A BILL
To amend the wetland conservation provisions of the Food
Security Act of 1985, establish a Gulf of Mexico Com-
mission, and establish a Gulf of Mexico Program Office
within the Environmental Protection Agency, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—DEPARTMENT OF AGRICULTURE
SEC. 101. AMENDMENT OF THE WETLAND CONSERVATION
PROVISIONS OF THE FOOD SECURITY ACT OF
1985
Title XII of the Food Security Act of 1985 (16
U.S.C. 3801, et seq.) is amended by adding at the end
of subtitle C the following new section:
‘‘SEC. 1225. INVENTORY OF LAWS AND REGULATIONS AF-
FECTING AGRICULTURAL WETLANDS.
‘‘(a) IN GENERAL.—The Secretary shall collect the
information necessary to compile a complete inventory of
Federal and State statutes and regulations governing or
otherwise affecting the use of wetlands for the production
of an agricultural commodity or for any other agricultural
purpose.
‘‘(b) REPORT.—Not later than 12 months after the
date of enactment of this section, the Secretary shall
transmit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a report including—
‘‘(1) the inventory of statutes and regulations
described in subsection (a);
‘‘(2) the recommendations of the Secretary for
clarifying, consolidating, coordinating, harmonizing,
and simplifying the statutes and regulations de-
scribed in subsection (a) so as to reduce any duplica-
tive requirements and to clarify or eliminate any
conflicting statutory or regulatory requirements;
‘‘(3) such other recommendations as the Sec-
retary determines are necessary, and, in particular,
such other recommendations regarding wetland reg-
ulation as the Secretary determines are necessary to
promote the economic and environmental interests of
the Gulf of Mexico and its environs, consistent with
the prudent use of agricultural lands in the States
of Alabama, Florida, Louisiana, Mississippi, and
Texas.
‘‘(c) GULF OF MEXICO.—
‘‘(1) COOPERATION.—The Secretary of Agri-
culture and the Soil Conservation Service shall, to
the extent practicable, assist the Gulf of Mexico
Commission established under title II of the Gulf of
Mexico Act of 1993, as provided in section 201(e)(2)
of such Act.
‘‘(2) REPORT.—The Secretary of Agriculture
shall transmit a copy of the report described in sub-
section (b) to the Gulf of Mexico Commission and
the Gulf of Mexico National Program Office estab-
lished under title II and title III, respectively, of the
Gulf of Mexico Act of 1993, not later than 7 days
after the transmission of such report as required
under subsection (b).’’.
TITLE II—GULF OF MEXICO COMMISSION
SEC. 201. GULF OF MEXICO COMMISSION
(a) ESTABLISHMENT.—The President shall establish
a Gulf of Mexico Commission for the purpose of promoting
the environmental and economic interests of the Gulf of
Mexico and its environs by coordinating public authorities
and private organizations that are engaged in evaluating
and responding to problems relating to the Gulf of Mexico.
(b) MEMBERSHIP.—
(1) IN
GENERAL.—The Commission shall be
composed of—
(A) the Governor of each Gulf State, or a
representative of the Governor;
(B) a representative of the State agency of
each Gulf State with jurisdiction over coastal
zone management;
(C) the President of the Senate of each
Gulf State legislature (or the equivalent official
of the State), or a designee of the President of
the Senate of the State (or equivalent official of
the State);
(D) the speaker of the House of Rep-
resentatives of each Gulf State legislature (or
the equivalent official of the State), or a des-
ignee of the Speaker (or the equivalent official
of the State);
(E) two individual residents of each Gulf
State who shall be appointed by the Governor
of that State for a term of 2 years or until the
Governor leaves office, whichever is shorter; and
(F) one official each from the Department
of Agriculture, the Department of Commerce,
the Department of the Interior, the Coast
Guard, the Environmental Protection Agency,
and the Army Corps of Engineers.
(2) CHAIRPERSON AND VICE CHAIRPERSON.—
The Commission shall annually elect a Chairperson
and Vice Chairperson from among its members.
(c) FUNCTIONS.—
(1) REVIEW
AND
RECOMMENDATIONS.—The
Commission shall review and make recommendations
regarding—
(A) agreements, mutual arrangements, and
cooperative efforts between and among the Gulf
States, the Federal Government, private groups
and organizations, and other interested parties;
(B) laws, regulations, and ordinances of
the Gulf States, the Federal Government, and
other jurisdictions;
(C) the current management system and
the overall transportation infrastructure of the
Gulf of Mexico;
(D) the productivity of the various indus-
tries doing business in the Gulf of Mexico;
(E) plans developed pursuant to section
301(b)(4);
(F) the current and projected funding re-
quests for the activities described in subpara-
graphs (A) through (E); and
(G) any other factors;
that the Commission determines may affect the or-
derly, integrated, and balanced development, use,
and conservation of the resources of the Gulf of
Mexico or the promotion of the economic interests of
the Gulf of Mexico and its environs.
(2) ANNUAL REPORT.—The Commission shall
submit an annual report to the President, the Con-
gress, and the Gulf States containing the results of
its review and recommendations.
(d) AUTHORITY OF COMMISSION.—The Commission
shall have the power to—
(1) conduct studies (directly or through con-
tracts, grants, or other indirect means) and compile,
analyze, and report on technical and other data re-
garding the resources and existing or potential prob-
lems relating to the Gulf of Mexico and its environs;
(2) hold hearings, take testimony, receive evi-
dence, and publish and distribute reports and infor-
mation relating to the activities and recommenda-
tions of the Commission as the Commission consid-
ers appropriate to carry out this Act;
(3) at the request of the President, assist in the
negotiation and formulation of any agreement re-
garding the Gulf of Mexico and its environs; and
(4) pursue such grants and other financial as-
sistance as may be provided by public and private
sources to facilitate any purpose of this Act.
(e) ADMINISTRATION.—
(1) IN GENERAL.—For the purpose of carrying
out this Act, the Commission may—
(A) adopt bylaws governing the conduct of
the activities and meetings of the Commission;
(B) acquire, furnish, and equip such office
space as may be necessary;
(C) employ and compensate an executive
director and such other personnel as the Com-
mission determines appropriate;
(D) incur such necessary expenses and ex-
ercise such powers as are reasonably required to
perform the functions of the Commission under
this Act.
(2) ASSISTANCE.—At the request of the Com-
mission, the heads of Federal and State departments
and agencies may furnish information, personnel,
and other assistance in support of the functions of
the Commission.
(3) COMPENSATION.—Members of the Commis-
sion shall serve without compensation, but shall be
reimbursed for travel or transportation expenses
under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular
places of business in performance of services for the
Commission.
(4) RECORDS.—The Commission shall keep ac-
curate records of all receipts and disbursements. The
accounts shall be audited at least annually in accord-
ance with generally accepted auditing standards by
independent certified or licensed public accountants.
A report of the audit shall be included in, and be-
come a part of, the annual report of the Commis-
sion.
(5) REVIEW.—The records of the Commission
referred to in paragraph (4) shall be open at all rea-
sonable times for inspection by representatives of the
jurisdictions and agencies that make appropriations,
donations, or grants to the Commission.
(6) TERMINATION.—The President shall termi-
nate the Commission after receipt of a written re-
quest signed by the Governor of each Gulf State.
TITLE III—ENVIRONMENTAL PROTECTION
AGENCY
SEC. 301. GULF OF MEXICO PROGRAM OFFICE.
(a) GULF
OF MEXICO NATIONAL PROGRAM OF-
FICE.—The Gulf of Mexico National Program Office is es-
tablished within the Agency to be located in one of the
Gulf States and headed by a Director to be selected by
the Administrator. The Director shall have expertise in
technical and management issues related to environmental
quality in the Gulf of Mexico.
(b) GULF OF MEXICO ENVIRONMENTAL MANAGE-
MENT.—
(1) FUNCTIONS OF PROGRAM OFFICE.—The Di-
rector of the Program Office shall—
(A) create a database of research on Gulf
of Mexico environmental quality issues for use
by university, government, and private institu-
tions:
(B) establish a Gulf-wide network com-
prised of Federal, State, and local authorities
and private institutions to monitor environ-
mental quality in the Gulf of Mexico;
(C) develop and implement policies de-
signed to improve environmental quality in the
Gulf in conjunction with Federal, State, and
local authorities and private institutions;
(D) coordinate activities within the Agen-
cy, including those of regional and headquarters
offices with responsibilities for the Gulf of Mex-
ico, aimed at improving environmental quality
in the Gulf of Mexico; and
(E) coordinate activities of the Agency
with the actions of the Commission, other Fed-
eral agencies, and State and local authorities,
to ensure the participation of the agencies and
authorities in the development and implementa-
tion of policies to improve environmental quality
in the Gulf of Mexico.
(2) GULF OF MEXICO RESEARCH.—
(A) INVENTORY.—The Director of the Pro-
gram Office shall establish a Gulf of Mexico re-
search inventory and database to provide a
comprehensive source of environmental studies,
data, and other information related to environ-
mental quality in the Gulf of Mexico.
(B) UPDATES.—The Director of the Pro-
gram Office shall update the inventory every 5
years.
(3) MONITORING NETWORK.—
(A) ESTABLISHMENT.—The Administrator
shall establish a Gulf-wide monitoring network
not later than May 1, 1994, in consultation
with the Commission and Federal, State and
local agencies, to develop data that can be used
to gauge the effectiveness of Agency policies re-
lated to the Gulf.
(B) COORDINATOR.—The Administrator
shall review, and, to the extent feasible, incor-
porate into the network, monitoring efforts in
the Gulf at the Federal, State, and local levels,
existing on the date of enactment of this Act;
(C) PURPOSES.—The network shall be
structured to produce data to support the devel-
opment of the Gulf of Mexico Management Plan
and to describe the environmental quality of the
Gulf of Mexico.
(4) GULF OF MEXICO MANAGEMENT PLAN.—
(A) PUBLICATION
OF
THE
PROPOSED
PLAN.—Not later than May 1, 1995, the Ad-
ministrator, after consultation with the Com-
mission and representatives of other Federal,
State, and local agencies, shall publish for pub-
lic comment a proposed Gulf of Mexico Manage-
ment Plan. The Plan shall—
(i) summarize existing data describing
the environmental quality of the Gulf of
Mexico, including information pertaining to
the status of fisheries, shellfish growing
areas, wetlands, and beaches;
(ii) describe the monitoring network
and the Program Office research inventory;
(iii) describe significant sources of
pollution and assess associated environ-
mental risks;
(iv) describe on-going and planned ac-
tivities intended to identify, evaluate, and
preserve wetlands and other critical habi-
tats;
(v) report on pollution prevention and
other abatement and remedial measures
underway on the date the report is pre-
pared;
(vi) recommend measures to be under-
taken by Federal, State, and local agencies
and private interests to ensure the protec-
tion and restoration of the Gulf of Mexico
ecosystem;
(vii) address the economic impact of
any additional measures on development in
the Gulf of Mexico region, particularly
measures affecting agriculture, fishing,
recreational activities, and oil and gas ac-
tivities; and
(viii) recommend the Federal, State,
and local agencies to be charged with im-
plementing the Plan.
(B) PUBLIC COMMENT AND PUBLICATION
OF FINAL PLAN.—The Administrator shall pro-
vide a period of 60 days for public comment on
the proposed Plan. The Administrator shall
publish the final Plan not later than 180 days
after the expiration of the public comment pe-
riod.
(C) ANNUAL REPORT TO CONGRESS.—Be-
ginning with fiscal year 1996, within 90 days
after the end of each fiscal year, the Adminis-
trator, after consultation with the Commission,
and Federal, State, and local agencies, shall
submit a comprehensive report to Congress
that—
(i) updates the status of environ-
mental quality in the Gulf of Mexico;
(ii) describes any modifications in the
monitoring network or research inventory;
(iii) describes the achievements in the
preceding year in implementing measures
recommended in the Plan;
(iv) describes the designation of any
critical habitats in the previous year; and
(v) describes the long-term prospects
for improving the environmental quality in
the Gulf of Mexico.
(5) GRANT PROGRAM.—
(A) IN
GENERAL.—The Administrator
may, upon approval of an application submitted
by a Gulf State or a group of Gulf States, make
a grant to the Gulf State or group of Gulf
States for the purpose of furthering the devel-
opment or implementation of the monitoring
network or Plan.
(B) PURPOSES.—A State or group of
States receiving a grant under this paragraph
may provide funds to other State and local
agencies, universities, institutions, organiza-
tions, and individuals for the purpose of assist-
ing the State or States in developing or imple-
menting the monitoring network or Plan.
(C) SUBMISSION
OF
APPLICATION.—An
application submitted under this paragraph
shall describe in detail the activities the grant
will fund and, in the case of a grant to be used
for implementation measures, the proposed
abatement or conservation action and the result
the proposed action is expected to achieve.
(D) FEDERAL SHARE.—
(i) IN GENERAL.—The Federal grant
under this paragraph shall not exceed 50
percent of the amount of the funds nec-
essary to carry out the activities for which
the grant is awarded.
(ii) WAIVER.—The Administrator may
waive the 50 percent limitation on the
Federal share if the Administrator deter-
mines in a particular case that overriding
national, international, or regional inter-
ests justify a larger Federal share. The
Administrator shall report on the number
of waivers issued under this subparagraph
at the time the Administrator submits a
budget proposal to the President for inclu-
sion in the annual budget of the United
States Government submitted by the Presi-
dent to Congress.
(E) 
ADMINISTRATIVE
EXPENSES.—Not
more than 10 percent of the amount of any
grant awarded under this paragraph may be
used for administrative expenses.
(F) REPORTS.—Any Gulf State or group
of Gulf States that receives a grant under this
paragraph shall submit to the Administrator a
report at the end of each fiscal year describing
the progress the State has made in taking the
actions proposed in the grant application and
the amount of grant funds expended.
(G) LIABILITY.—Grants made under this
section may not be used for the purpose of re-
lieving from liability any person who may other-
wise be liable under Federal or State law for
damages, response costs, natural resource dam-
ages, restitution, equitable relief, or any other
relief.
(c) BUDGET ITEM.—The Administrator shall, in the
annual budget submission of the Agency to Congress, in-
clude a funding request for the Program Office as a sepa-
rate line item.
(d) MEMORANDA OF UNDERSTANDING WITH OTHER
FEDERAL AGENCIES.—
(1) AUTHORIZATION.—The Administrator is author-
ized to negotiate and execute memoranda of understand-
ing with other Federal agencies with jurisdiction over the
Gulf of Mexico and its environs.
(2) 
PURPOSES.—A 
memorandum 
executed
under paragraph (1) shall set out the various re-
sponsibilities of each agency that is a party to it.
The memorandum shall clearly delineate the juris-
diction and activities to be undertaken by each
party.
SEC. 302. STUDY OF INTERNATIONAL ISSUES.
Not later than December 31, 1994, the Administrator
shall conduct and make available to the public the results
of a study to assess the nature and extent of environ-
mental problems in the Gulf of Mexico and Wider Carib-
bean Region, including areas beyond the Exclusive Eco-
nomic Zone of the United States.
TITLE IV—ADMINISTRATIVE AND OTHER
PROVISIONS
SEC. 401. SHORT TITLE.
This Act may be cited as the ‘‘Gulf of Mexico Act
of 1993’’.
SEC. 402. DEFINITIONS.
As used in this Act:
(1) AGENCY.—The term ‘‘Agency’’ means the
Environmental Protection Agency.
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(3) FEDERAL AGENCY.—The term ‘‘Federal
Agency’’ means the Department of Agriculture, the
Environmental Protection Agency, the Department
of Commerce, the Department of the Interior, the
Department of the Army, and the Department of
Transportation.
(4) COMMISSION.—The term ‘‘Commission’’
means the Gulf of Mexico Commission established
under title II.
(5) GULF
STATES.—The term ‘‘Gulf States’’
means Alabama, Florida, Louisiana, Mississippi, and
Texas.
(6) PLAN.—The term ‘‘Plan’’ means the Gulf
of Mexico Management Plan required under section
301(b)(4).
(7) PROGRAM
OFFICE.—The term ‘‘Program
Office’’ means the Gulf of Mexico National Program
Office established under section 301(a).
(8) WIDER
CARIBBEAN
REGION.—The term
‘‘Wider Caribbean Region’’ means the Caribbean
Sea, including the Gulf of Mexico, and areas of the
Atlantic Ocean adjacent to the Caribbean Sea.
SEC. 403. RELATIONSHIP TO EXISTING FEDERAL AND
STATE LAWS AND INTERNATIONAL TREATIES.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to affect the jurisdiction, powers, or prerogatives
of any department, agency, officer, or program of the Fed-
eral Government, or any State government or tribe.
(b) INTERNATIONAL BODIES.—Nothing in this Act
shall be construed to affect the jurisdiction, powers, or
prerogatives of any international body created by a treaty,
to which the United States is a party, with authority relat-
ing to the Gulf of Mexico.