I
103D CONGRESS
2D SESSION
H. R. 4312
Imposing certain restrictions and requirements on the leasing under the
Outer Continental Shelf Lands Act of lands offshore Florida, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 28, 1994
Mr. JOHNSTON of Florida (for himself and Mr. GOSS) introduced the following
bill; which was referred jointly to the Committees on Natural Resources
and Merchant Marine and Fisheries
A BILL
Imposing certain restrictions and requirements on the leasing
under the Outer Continental Shelf Lands Act of lands
offshore Florida, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that—
(1) preleasing, leasing, exploration, and develop-
ment and production of oil and gas from the outer
Continental Shelf without adequate scientific and en-
vironmental information does not provide the level of
protection needed for the conservation of the natural
resources of the Nation’s coastal areas;
(2) the Secretary of the Interior, assigned the
primary responsibility for the proper stewardship of
the Nation’s public lands and outer Continental
Shelf, is required to provide adequate environmental
analysis under the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.), the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and other Federal laws, before such lands are leased
to develop oil and gas resources; and
(3) to protect the marine, coastal, and human
environments of coastal States, the citizens of such
States are entitled to have an adequate body of sci-
entific and environmental information, with a mini-
mal level of uncertainty, before such leasing and de-
velopment are carried out.
SEC. 2. AREAS COVERED.
The areas to which this Act applies are—
(1) that part of the Eastern Gulf of Mexico
Planning Area that is east of the lateral seaward
boundary between the States of Florida and Ala-
bama;
(2) the Straits of Florida Planning Area; and
(3) that part of the South Atlantic Planning
Area that is south of the lateral seaward boundary
between the States of Florida and Georgia.
SEC. 3. RESTRICTIONS AND REQUIREMENTS.
(a) GENERAL RULE.—The Secretary shall not con-
duct any preleasing activities, hold any lease sale, or ap-
prove or permit any exploration, production, or drilling ac-
tivities under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) in any area described in section 2
unless—
(1) all assessments, studies, and research re-
quired for such area under section 4 have been com-
pleted;
(2) all such assessments, studies, and research
have been peer reviewed, by qualified scientists not
employed by the Federal Government, as provided
for and supervised by the Joint Task Force; and
(3) the Secretary has transmitted to the Con-
gress and to the Governor of Florida a report, which
has been reviewed by the Joint Task Force, certify-
ing that the available physical oceanographic, eco-
logical, and socioeconomic information, and other en-
vironmental, endangered and threatened species, and
marine mammal information, is adequate to enable
the Secretary to carry out his responsibilities in such
area under the Outer Continental Shelf Lands Act
and other Federal laws, with a minimal level of un-
certainty, with respect to all preleasing activities,
leasing, and exploration, production, and drilling ac-
tivities.
(b) SPECIFIC PROHIBITION.—Notwithstanding sub-
section (a), the Secretary shall not conduct any preleasing
activity, hold any lease sale, or approve or permit any ex-
ploration, production, or drilling activities under the Outer
Continental Shelf Lands Act in that part of the Eastern
Gulf of Mexico Planning Area that is south of 26 degrees
north latitude and east of 86 degrees west longitude.
(c) ADDITIONAL
PROHIBITION.—Notwithstanding
subsection (a), the Secretary shall not conduct any
preleasing activity or hold any lease sale in any area de-
scribed in section 2 until after the expiration of the period
covered by the next oil and gas leasing program issued
under section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344) after the leasing program in effect
under such section as of the date of enactment of this Act.
SEC. 4. ASSESSMENTS, STUDIES, AND RESEARCH.
The assessments, studies, and research referred to in
section 3(a)(1) and (2) are as follows:
(1) EASTERN
GULF
OF
MEXICO
PLANNING
AREA.—With respect to the area described in section
2(1):
(A) The Assessment of the Historical, So-
cial, and Economic Impacts of Outer Continen-
tal Shelf Development on Gulf Coast Commu-
nities, to be conducted by the Minerals Manage-
ment Service.
(B) The Northeastern Gulf of Mexico Ma-
rine Ecosystem Study, to be conducted by the
National Biological Survey.
(C) Any additional physical oceanographic
studies identified and recommended by the
Northeast Gulf of Mexico Physical Oceanog-
raphy Workshop conducted by the Minerals
Management Service in conjunction with Flor-
ida State University.
(D) Any additional studies or research in
such area needed to acquire information where
one of the National Research Council’s reports
found available information inadequate.
(E) Any additional physical oceanographic,
ecological, or socioeconomic or other environ-
mental studies or endangered and threatened
species and marine mammal surveys requested
by the Governor of Florida or the Joint Task
Force to minimize the uncertainty about the ef-
fects of all preleasing activities, leasing, and ex-
ploration, production, and drilling activities on
the marine environment, the coastal environ-
ment, and the human environment of the State
of Florida, including any such request for the
expansion of assessments, studies, or research
described in subparagraphs (A) through (D).
(2) STRAITS OF FLORIDA PLANNING AREA.—
With respect to the area described in section 2(2):
(A) The Assessment of the Historical, So-
cial, and Economic Impacts of Outer Continen-
tal Shelf Development on Gulf Coast Commu-
nities, to be conducted by the Minerals Manage-
ment Service.
(B) Any additional physical oceanographic,
ecological, or socioeconomic or other environ-
mental studies or endangered and threatened
species and marine mammal surveys requested
by the Governor of Florida or the Joint Task
Force to minimize the uncertainty about the ef-
fects of all preleasing activities, leasing, and ex-
ploration, production, and drilling activities on
the marine environment, the coastal environ-
ment, and the human environment of the State
of Florida.
(3) SOUTH ATLANTIC PLANNING AREA.—With
respect to the area described in section 2(3), any
physical oceanographic, ecological, or socioeconomic
or other environmental studies or endangered and
threatened species and marine mammal surveys re-
quested by the Governor of Florida or the Joint
Task Force to minimize the uncertainty about the
effects of all preleasing activities, leasing, and explo-
ration, production, and drilling activities on the ma-
rine environment, the coastal environment, and the
human environment of the State of Florida.
SEC. 5. JOINT TASK FORCE.
(a) ESTABLISHMENT.—There shall be established a
Joint Federal-State Outer Continental Shelf Task Force
for the purpose of carrying out the responsibilities as-
signed such Joint Task Force under this Act.
(b) MEMBERSHIP.—The Joint Task Force estab-
lished under subsection (a) shall consist of—
(1) one representative each from the Environ-
mental Protection Agency, the Minerals Manage-
ment Service, the National Oceanic and Atmospheric
Administration, and the United States Fish and
Wildlife Service;
(2) four representatives from the State of Flor-
ida appointed from a list provided by the Governor
of such State; and
(3) three members appointed by the Secretary
of Commerce from a list of individuals nominated by
the National Academy of Sciences who are profes-
sional scientists in the fields of physical oceanog-
raphy, marine ecology, and social science.
(c) COMPENSATION.—(1) Members of the Joint Task
Force appointed under subsection (b)(3), while performing
official duties under this Act shall receive compensation
for travel and transportation expenses under section 5703
of title 5, United States Code.
(2) Members of the Joint Task Force appointed
under subsection (b)(3) may be compensated at a rate to
be fixed by the Secretary of Commerce, but not in excess
of the maximum rate of pay for grade GS–18 provided
in the General Schedule under section 5332 of title 5,
United States Code, for each day such member spends
performing the duties of the Joint Task Force.
SEC. 6. ENVIRONMENTAL IMPACT STATEMENTS.
Approval of the first exploration plan submitted after
the date of enactment of this Act under section 11 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1340) in
each of the 3 areas described in section 2 (1), (2), and