I
103D CONGRESS
1ST SESSION
H. R. 584
Imposing certain restrictions and requirements on the leasing of lands offshore
Florida under the Outer Continental Shelf Lands Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 1993
Mr. GOSS (for himself, Ms. THURMAN, Mr. STEARNS, Mr. MCCOLLUM, Mr.
BILIRAKIS, Mr. BACCHUS of Florida, Ms. MEEK, Ms. ROS-LEHTINEN,
Mr. DEUTSCH, Ms. BROWN of Florida, Mr. YOUNG of Florida, and Mr.
SHAW) 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
of lands offshore Florida under the Outer Continental
Shelf Lands Act, 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. RELATIONSHIP TO OUTER CONTINENTAL
SHELF LEASING PROGRAM AND EXISTING
LAW.
(a) RELATIONSHIP TO OUTER CONTINENTAL SHELF
LEASING PROGRAM.—Notwithstanding the Outer Con-
tinental Shelf Leasing Program maintained by the Sec-
retary pursuant to section 18 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1344) or any lease sale sched-
ule contained in a specific leasing program thereunder, the
Secretary shall carry out such program consistent with the
provisions of this Act.
(b) RELATIONSHIP TO EXISTING LAW.—Except as
otherwise specifically provided in this Act, nothing in this
Act shall be construed to affect the application of other
Federal law to activities conducted on the Outer Continen-
tal Shelf.
SEC. 2. OUTER CONTINENTAL SHELF LEASING ENVIRON-
MENTAL SCIENCES REVIEW.
(a) ENVIRONMENTAL SCIENCES REVIEW PANEL.—
(1) 
ESTABLISHMENT.—An 
environmental
sciences review panel shall be established for the
areas of the Outer Continental Shelf that are off-
shore Florida.
(2) PURPOSES.—The purposes of the review
panel established under paragraph (1) shall be—
(A) to assess the adequacy of available
physical oceanographic, ecological, and socio-
economic information in enabling the Secretary
to carry out his responsibilities under the Outer
Continental Shelf Lands Act with respect to au-
thorizing—
(i) leasing and exploration; and
(ii) development and production,
in the area covered by such review panel;
(B) if such available information is not
adequate for such purposes, to identify the ad-
ditional studies required to obtain such infor-
mation;
(C) to identify the potential physical ocean-
ographic, ecological, and socioeconomic impacts
of exploration and development in the area cov-
ered by such review panel;
(D) to provide for and supervise the peer
review, by qualified scientists not employed by
the Federal Government, of the proposed stud-
ies identified under subparagraph (B) before
their submission to the Secretary and separate
reviews of each research proposal designed to
implement those studies; and
(E) to report to the Secretary on its find-
ings and recommendations under this para-
graph.
(3) MEMBERSHIP.—The review panel estab-
lished under paragraph (1) shall consist of—
(A) one representative each from the Envi-
ronmental Protection Agency, the Minerals
Management Service, the National Oceanic and
Atmospheric Administration, and the United
States Fish and Wildlife Service;
(B) four representatives from the State of
Florida approved by the Governor of such
State; and
(C) three members appointed by the Sec-
retary of Commerce from a list of individuals
nominated by the National Academy of Sciences
who are professional scientists in the fields of
physical oceanography, marine ecology, and so-
cial science.
(4) COMPENSATION.—(A) Members of the re-
view panel appointed under paragraph (3)(C), while
performing official duties under this Act shall re-
ceive compensation for travel and transportation ex-
penses under section 5703 of title 5, United States
Code.
(B) Members of the review panel appointed
under paragraph (3)(C) 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 sec-
tion 5332 of title 5, United States Code, for each
day such member spends performing the duties of
the panel.
(b) REPORTS TO CONGRESS.—The Secretary shall,
after consideration of the findings and recommendations
of the review panel established under subsection (a), sub-
mit a report to the Congress—
(1) certifying that the physical oceanographic,
ecological, and socioeconomic information available is
sufficient to enable the Secretary to carry out his re-
sponsibilities under the Outer Continental Shelf
Lands Act with respect to authorizing leasing and
development in the area covered by such review
panel; and
(2) including a detailed explanation of any dif-
ferences between such certification and the findings
and recommendations of the review panel, along with
a detailed justification for each such difference.
(c) 
LEASING
CONSIDERATIONS.—The 
Secretary
shall, in determining whether to lease any area described
in subsection (a)(1)—
(1) consider the findings and recommendations
of the review panel established under subsection (a);
and
(2) to the extent that the Secretary disagrees
with such findings and recommendations, provide
substantial evidence for such disagreement.
SEC. 3. RESTRICTIONS AND REQUIREMENTS.
(a) GENERAL RULE.—In the areas described in sec-
tion 2(a)(1), the following restrictions and requirements
shall apply:
(1) No preleasing activity shall be conducted
before the issuance of the first final 5-year leasing
plan under section 18 of the Outer Continental Shelf
Lands Act after January 1, 2002.
(2) No lease sale shall be held until after the
expiration of 45 days of continuous session of Con-
gress after the Secretary submits a report with re-
spect to the area under section 2(b).
(b) SPECIFIC PROVISIONS.—(1) In the Eastern Gulf
of Mexico Planning Area north of 26 degrees north lati-
tude and east of the lateral seaward boundary between the
States of Florida and Alabama, no exploration or develop-
ment plans or permits to drill shall be approved for any
lease in existence on the date of enactment of this Act
until after January 1, 2002.
(2) In the Eastern Gulf of Mexico Planning Area off-
shore Florida, south of 26 degrees north latitude and east
of 86 degrees west longitude—
(A) studies to acquire the information found in-
adequate by the National Research Council’s report
shall be completed prior to any lease sale held after
January 1, 2002; and
(B)(i) notwithstanding the requirements of sec-
tion 5(a)(2) (A) and (B) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1334(a)(2) (A) and
(B)), the Secretary, within 90 days after the date of
enactment of this Act, shall cancel any active leases
in the area;
(ii) before the cancellation required under
clause (i), no exploration or development plans or
permits to drill shall be approved for any such lease
in existence on the date of enactment of this Act;
and
(iii) compensation to lessees owning leases that
are canceled under clause (i) shall be determined
under section 5(a)(2) (C) and (D) of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1334(a)(2) (C)
and (D)).
(c) CONTINUOUS SESSION OF CONGRESS.—In com-
puting any 45-day period of continuous session of Con-
gress under this section—
(1) continuity of session is broken only by an
adjournment of the Congress sine die; and
(2) the days on which either House of Congress
is not in session because of an adjournment of more
than 3 days to a day certain are excluded.
SEC. 4. ENVIRONMENTAL STUDIES.
Section 20(a)(1) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1346(a)(1)) is amended by adding
at the end the following new sentence: ‘‘Such study shall
include an assessment of the adequacy of available phys-
ical oceanographic, ecological, and socioeconomic informa-
tion.’’.
SEC. 5. ADEQUACY OF INFORMATION.
Section 20 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1346) is amended by adding at the end the
following new subsection:
‘‘(g) ADEQUACY OF INFORMATION.—For the pur-
poses of this section, the term ‘adequacy’ means suffi-
ciently complete to enable necessary decisions to be made
under this Act, and of sufficient quality to be repeatable,
reliable, and valid in measurements and analysis with ap-
propriate methods and subject.’’.
SEC. 6. COMPENSATION FOR LEASE BUYBACKS.
Section 5(a)(2) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1334(a)(2)) is amended—
(1) by inserting ‘‘and’’ at the end of subpara-
graph (C); and
(2) by adding at the end the following new sub-
paragraph:
‘‘(D) that compensation a lessee is entitled
to receive under subparagraph (C) may be
made in the form of currency, forgiveness of the
lessee’s obligation to pay rents or royalties
which would otherwise be paid to the Federal
Government on another lease issued pursuant
to this Act, or a combination of currency with
such forgiveness.’’.
SEC. 7. DEFINITIONS.
For the purposes of this Act—
(1) terms defined in the Outer Continental
Shelf Lands Act have the meaning given such terms
in that Act;
(2) references to specific Outer Continental
Shelf planning areas shall be to areas so designated
in the Department of the Interior Outer Continental
Shelf Natural Gas and Oil Resource Management
Comprehensive Program 1992–1997 Proposal, dated
July 1991;
(3) the term ‘‘adequate’’ means sufficiently
complete to enable necessary decisions to be made
under the Outer Continental Shelf Lands Act, and
of sufficient scientific quality to be repeatable, reli-
able, and valid in measurements and analysis with
appropriate methods and subject;
(4) the term ‘‘National Research Council’s re-
port’’ means the report entitled ‘‘The Adequacy of
Environmental Information for Outer Continental
Shelf Oil and Gas Decisions: Florida and California’’
issued in 1989 by the Council’s Committee to Re-
view the Outer Continental Shelf Environmental
Studies Program and supported by the President’s
Outer Continental Shelf Leasing and Development
Task Force through Department of the Interior
Contract No. 1435000130495; and
(5) the term ‘‘preleasing activities’’ means ac-
tivities conducted before a lease sale is held, and in-
cludes the scheduling of a lease, requests for indus-
try interest, calls for information and nominations,
area identifications, publication of draft or final en-
vironmental impact statements, notices of sale, and
any form of rotary drilling; but such term does not
include environmental, geologic, geophysical, eco-
nomic, engineering, or other scientific analyses, stud-
ies, and evaluations.
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