[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1566 Introduced in House (IH)]

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. Gonzalez, 
     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 Commission, 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 Representatives 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 AFFECTING 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, Nutrition, 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 described in subsection (a) so as to 
        reduce any duplicative requirements and to clarify or eliminate 
        any conflicting statutory or regulatory requirements;
            ``(3) such other recommendations as the Secretary 
        determines are necessary, and, in particular, such other 
        recommendations regarding wetland regulation 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 Agriculture 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 subsection (b) to the Gulf of 
        Mexico Commission and the Gulf of Mexico National Program 
        Office established 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 Representatives of 
                each Gulf State legislature (or the equivalent official 
                of the State), or a designee 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 industries 
                doing business in the Gulf of Mexico;
                    (E) plans developed pursuant to section 301(b)(4);
                    (F) the current and projected funding requests for 
                the activities described in subparagraphs (A) through 
                (E); and
                    (G) any other factors;
        that the Commission determines may affect the orderly, 
        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 Congress, 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 contracts, grants, 
        or other indirect means) and compile, analyze, and report on 
        technical and other data regarding the resources and existing 
        or potential problems relating to the Gulf of Mexico and its 
        environs;
            (2) hold hearings, take testimony, receive evidence, and 
        publish and distribute reports and information relating to the 
        activities and recommendations of the Commission as the 
        Commission considers appropriate to carry out this Act;
            (3) at the request of the President, assist in the 
        negotiation and formulation of any agreement regarding the Gulf 
        of Mexico and its environs; and
            (4) pursue such grants and other financial assistance 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 Commission determines 
                appropriate;
                    (D) incur such necessary expenses and exercise such 
                powers as are reasonably required to perform the 
                functions of the Commission under this Act.
            (2) Assistance.--At the request of the Commission, 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 Commission 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 accurate records of 
        all receipts and disbursements. The accounts shall be audited 
        at least annually in accordance with generally accepted 
        auditing standards by independent certified or licensed public 
        accountants. A report of the audit shall be included in, and 
        become a part of, the annual report of the Commission.
            (5) Review.--The records of the Commission referred to in 
        paragraph (4) shall be open at all reasonable times for 
        inspection by representatives of the jurisdictions and agencies 
        that make appropriations, donations, or grants to the 
        Commission.
            (6) Termination.--The President shall terminate the 
        Commission after receipt of a written request 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 Office.--The Gulf of Mexico 
National Program Office is established 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 Management.--
            (1) Functions of program office.--The Director 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 institutions:
                    (B) establish a Gulf-wide network comprised of 
                Federal, State, and local authorities and private 
                institutions to monitor environmental quality in the 
                Gulf of Mexico;
                    (C) develop and implement policies designed to 
                improve environmental quality in the Gulf in 
                conjunction with Federal, State, and local authorities 
                and private institutions;
                    (D) coordinate activities within the Agency, 
                including those of regional and headquarters offices 
                with responsibilities for the Gulf of Mexico, aimed at 
                improving environmental quality in the Gulf of Mexico; 
                and
                    (E) coordinate activities of the Agency with the 
                actions of the Commission, other Federal agencies, and 
                State and local authorities, to ensure the 
                participation of the agencies and authorities in the 
                development and implementation of policies to improve 
                environmental quality in the Gulf of Mexico.
            (2) Gulf of mexico research.--
                    (A) Inventory.--The Director of the Program Office 
                shall establish a Gulf of Mexico research inventory and 
                database to provide a comprehensive source of 
                environmental studies, data, and other information 
                related to environmental quality in the Gulf of Mexico.
                    (B) Updates.--The Director of the Program 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 related to the Gulf.
                    (B) Coordinator.--The Administrator shall review, 
                and, to the extent feasible, incorporate 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 development 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 Administrator, after consultation 
                with the Commission and representatives of other 
                Federal, State, and local agencies, shall publish for 
                public comment a proposed Gulf of Mexico Management 
                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 environmental 
                        risks;
                            (iv) describe on-going and planned 
                        activities intended to identify, evaluate, and 
                        preserve wetlands and other critical habitats;
                            (v) report on pollution prevention and 
                        other abatement and remedial measures underway 
                        on the date the report is prepared;
                            (vi) recommend measures to be undertaken by 
                        Federal, State, and local agencies and private 
                        interests to ensure the protection 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 activities; and
                            (viii) recommend the Federal, State, and 
                        local agencies to be charged with implementing 
                        the Plan.
                    (B) Public comment and publication of final plan.--
                The Administrator shall provide 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 period.
                    (C) Annual report to congress.--Beginning with 
                fiscal year 1996, within 90 days after the end of each 
                fiscal year, the Administrator, after consultation with 
                the Commission, and Federal, State, and local agencies, 
                shall submit a comprehensive report to Congress that--
                            (i) updates the status of environmental 
                        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 development 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, 
                organizations, and individuals for the purpose of 
                assisting the State or States in developing or 
                implementing 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 necessary 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 determines in a particular 
                        case that overriding national, international, 
                        or regional interests 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 
                        inclusion in the annual budget of the United 
                        States Government submitted by the President 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 relieving from liability 
                any person who may otherwise be liable under Federal or 
                State law for damages, response costs, natural resource 
                damages, restitution, equitable relief, or any other 
                relief.
    (c) Budget Item.--The Administrator shall, in the annual budget 
submission of the Agency to Congress, include a funding request for the 
Program Office as a separate line item.
    (d) Memoranda of Understanding With Other Federal Agencies.--
    (1) Authorization.--The Administrator is authorized to negotiate 
and execute memoranda of understanding 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 responsibilities of each agency that 
        is a party to it. The memorandum shall clearly delineate the 
        jurisdiction 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 environmental problems in the Gulf of Mexico and 
Wider Caribbean Region, including areas beyond the Exclusive Economic 
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 ``Administrator'' means the 
        Administrator of the Environmental 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 construed to affect 
the jurisdiction, powers, or prerogatives of any department, agency, 
officer, or program of the Federal 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 relating to the Gulf of Mexico.
    (c) Relationship to International Law.--Any action taken pursuant 
to this Act shall be consistent with relevant international law. Any 
action taken pursuant to this Act that relates to the waters under the 
jurisdiction of a foreign country shall be undertaken only in 
cooperation with representatives of the affected foreign country.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as may be 
necessary to carry out titles II and III of this Act. The amounts 
authorized to be appropriated and made available under this section 
shall be used to supplement and not supplant other funds made available 
to the Environmental Protection Agency and shall remain available until 
expended.

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HR 1566 SC----2