I
103D CONGRESS
1ST SESSION
H. R. 2583
To establish a California Ocean Protection Zone, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 1, 1993
Ms. ESHOO (for herself, Mr. HAMBURG, Ms. PELOSI, Ms. WOOLSEY, Ms.
SCHENK, Mr. FRANK of Massachusetts, Mr. OWENS, Mr. TOWNS, Mr.
STOKES, Mr. FILNER, Mr. STARK, Mr. WAXMAN, Mr. BERMAN, Mr.
BEILENSON, Mr. MINETA, Ms. HARMAN, Mr. BROWN of California, Mr.
EDWARDS of California, Ms. ROYBAL-ALLARD, Mr. LANTOS, Mr. DIXON,
Mr. MATSUI, Mr. TORRES, Mr. HASTINGS, Mr. HINCHEY, Mr. FAZIO,
Mr. BECERRA, and Ms. WATERS) introduced the following bill; which was
referred jointly to the Committees on Merchant Marine and Fisheries,
Public Works and Transportation, and Natural Resources
A BILL
To establish a California Ocean Protection Zone, 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. SHORT TITLE.
This Act may be cited as the ‘‘California Ocean
Protection Act of 1993’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the coast of California possesses unique his-
torical, ecological, educational, recreational, eco-
nomic, and research values that are appropriate for
protection under Federal law;
(2) the threat to the coast of California, a na-
tional treasure, continues to intensify as a result of
fossil fuel exploration and development, mineral ex-
traction, and the burning and dumping of toxic and
hazardous wastes;
(3) the activities referred to in paragraph (2)
could result in irreparable damage to the coast of
California; and
(4) the establishment of an ocean protection
zone off the coast of California would enhance rec-
reational and commercial fisheries, and the use of
renewable resources within the zone.
SEC. 3. DESIGNATION OF CALIFORNIA OCEAN PROTECTION
ZONE.
There is hereby established a California Ocean Pro-
tection Zone. The Zone consists of—
(1) waters of the Exclusive Economic Zone off
the coast of California that are outside the waters
of the State of California; and
(2) that portion of the outer Continental Shelf
underlying the waters.
SEC. 4. RESTRICTIONS.
(a) MINERAL EXPLORATION, DEVELOPMENT, AND
PRODUCTION.—
(1) ISSUANCE OF LEASES, PERMITS, AND LI-
CENSES.—Notwithstanding any other provision of
law, the head of a Federal agency may not issue a
lease, permit, or license for exploration for or devel-
opment or production of minerals in or from the
Zone.
(2) EXPLORATION, DEVELOPMENT, AND
PRO-
DUCTION.—
(A) IN
GENERAL.—Notwithstanding any
other provision of law, a person may not engage
in exploration for or development or production
of minerals in or from the Zone after the
date—
(i) of the cancellation, expiration,
transfer, relinquishment, or termination of
a lease, permit, or license in effect on the
date of enactment of this Act pursuant to
which the exploration, development, or pro-
duction is carried out;
(ii) of the suspension of operations as-
sociated with the exploration, development,
or production under regulations described
in subparagraph (B); or
(iii) on which a lease, permit, or li-
cense for the exploration, development, or
production in any way becomes inactive, as
determined by the Secretary of the Interior
under regulations described in subpara-
graph (B).
(B) REGULATIONS.—The regulations re-
ferred to in subparagraph (A) are those regula-
tions implementing the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.), as in ef-
fect on January 1, 1986.
(b) OCEAN INCINERATION AND DUMPING.—Notwith-
standing any other provision of law, the head of a Federal
agency may not issue a lease, permit, or license for—
(1) ocean incineration or harmful ocean dump-
ing within the Zone; or
(2) any onshore facility that facilitates ocean
incineration or harmful ocean dumping within the
Zone.
SEC. 5. FISHING.
This Act is not intended to regulate, restrict, or pro-
hibit commercial or recreational fishing, or other harvest-
ing of ocean life in the Zone.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) DEVELOPMENT.—The term ‘‘development’’
has the meaning provided in section 2(l) of the
Outer Continental Shelf Lands Act (43 U.S.C.
1331(l)).
(3) EXCLUSIVE
ECONOMIC
ZONE.—The term
‘‘Exclusive Economic Zone’’ means the Exclusive
Economic Zone of the United States, as defined by
Presidential Proclamation 5030 of March 10, 1983.
(4) EXPLORATION.—The term ‘‘exploration’’
has the meaning provided in section 2(k) of the
Outer Continental Shelf Lands Act (43 U.S.C.
1331(k)).
(5) HARMFUL
OCEAN
DUMPING.—The term
‘‘harmful ocean dumping’’ has such meaning as is
provided by the Administrator, in consultation with
the heads of other Federal agencies whom the Ad-
ministrator determines to be appropriate. The term
does not include—
(A) a de minimis disposal of vessel waste;
(B) the disposal of dredged material
that—
(i) would meet the requirements for
disposal under the criteria that apply
under section 103 of the Marine Protec-
tion, Research, and Sanctuaries Act of
1972 (33 U.S.C. 1413), including regula-
tions promulgated under such section; or
(ii) is disposed of pursuant to a per-
mit issued pursuant to such section;
(C) a discharge that is authorized under a
National Pollutant Discharge Elimination Sys-
tem permit issued pursuant to section 402 of
the Federal Water Pollution Control Act (33
U.S.C. 1342); and
(D) a disposal that is carried out by an ap-
propriate Federal agency under title I of the
Marine Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1411 et seq.).
(6) LEASE.—The term ‘‘lease’’ has the meaning
provided in section 2(c) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331(c)).
(7) MINERALS.—The term ‘‘minerals’’ has the
meaning provided in section 2(q) of that Act (43
U.S.C. 1331(q)).
(8) OUTER
CONTINENTAL
SHELF.—The term
‘‘Outer Continental Shelf’’ has the meaning provided
in section 2(a) of that Act (43 U.S.C. 1331(a)).
(9) PERSON.—The term ‘‘person’’ has the
meaning provided in section 2(d) of that Act (43
U.S.C. 1331(d)).
(10) PRODUCTION.—The term ‘‘production’’
has the meaning provided in section 2(m) of that
Act (43 U.S.C. 1331(m)).
(11) TERRITORIAL SEA.—The term ‘‘territorial
sea’’ means the territorial sea proclaimed in Presi-
dential Proclamation 5928, dated December 27,
1988.
(12) ZONE.—The term ‘‘Zone’’ means the Cali-
fornia Ocean Protection Zone established under sec-
tion 3.
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