[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 727 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 727

    To establish a California Ocean Protection Zone, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 1 (legislative day, March 3), 1993

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
bill; which was read twice and referred to the Committee on Energy 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 Representatives 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 historical, 
        ecological, educational, recreational, economic, and research 
        values that are appropriate for protection under Federal law;
            (2) the threat to the coast of California, a national 
        treasure, continues to intensify as a result of fossil fuel 
        exploration and development, mineral extraction, 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 recreational and commercial 
        fisheries, and the use of renewable resources within the zone.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Development.--The term ``development'' has the same 
        meaning as is 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 same 
        meaning as is 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'' shall have the meaning provided by the Administrator, 
        in consultation with the heads of other Federal agencies whom 
        the Administrator determines to be appropriate. The term shall 
        not include--
                    (A) a de minimus disposal of vessel waste;
                    (B) the disposal of dredged material that--
                            (i) would meet the requirements for 
                        disposal under the criteria established under 
                        section 103 of the Marine Protection, Research, 
                        and Sanctuaries Act of 1972 (33 U.S.C. 1413), 
                        including regulations promulgated under such 
                        section; or
                            (ii) is disposed of pursuant to a permit 
                        issued pursuant to such section;
                    (C) a discharge that is authorized under a National 
                Pollutant Discharge Elimination System (NPDES) 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 
                appropriate Federal agency under title I of the Marine 
                Protection, Research, and Sanctuaries Act of 1972 (33 
                U.S.C. 1411 et seq.).
            (6) Minerals.--The term ``minerals'' has the same meaning 
        as is provided in section 2(q) of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1331(q)).
            (7) Outer continental shelf.--The term ``outer Continental 
        Shelf'' has the same meaning as is provided under section 2(a) 
        of such Act (43 U.S.C. 1331(a)).
            (8) Person.--The term ``person'' has the same meaning as is 
        provided in section 2(d) of such Act (43 U.S.C. 1331(d)).
            (9) Production.--The term ``production'' has the same 
        meaning as is provided in section 2(m) of such Act (43 U.S.C. 
        1331(m)).
            (10) Territorial sea .--The term ``territorial sea'' means 
        the belt of sea measured from the baseline of the United 
        States, determined in accordance with international law, as set 
        forth in Presidential Proclamation 5928, dated December 27, 
        1988.
            (11) Zone.--The term ``Zone'' means the California Ocean 
        Protection Zone established under section 4.

SEC. 4. DESIGNATION OF CALIFORNIA OCEAN PROTECTION ZONE.

    There is hereby established a California Ocean Protection Zone. The 
Zone shall consist of--
            (1) waters of the Exclusive Economic Zone that are 
        contiguous to those waters of the territorial sea that are 
        contiguous to the State of California; and
            (2) that portion of the outer Continental Shelf underlying 
        the waters.

SEC. 5. RESTRICTIONS.

    (a) Mineral Exploration, Development, and Production.--
            (1) Issuance of leases, permits, and licenses.--
        Notwithstanding any other provision of law, the head of a 
        Federal agency may not issue a lease, permit, or license for 
        the exploration for or development or production of oil, gas, 
        or other minerals in or from the Zone.
            (2) Exploration, development, and production.--
                    (A) In general.--Notwithstanding any other 
                provision of law, a person may not engage in the 
                exploration for or development or production of oil, 
                gas, or other 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 that permits the 
                        exploration, development, or production;
                            (ii) of the suspension of operations 
                        associated with the exploration, development, 
                        or production under regulations described in 
                        subparagraph (B); or
                            (iii) on which a lease, permit, or license 
                        for the exploration, development, or production 
                        in any way becomes inactive, as determined by 
                        the Secretary of the Interior under regulations 
                        described in subparagraph (B).
                    (B) Regulations.--The regulations referred to in 
                subparagraph (A) are those regulations implementing the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
                seq.), as in effect on January 1, 1986.
            (3) Lease defined.--The term ``lease'' has the meaning 
        provided in section 2(c) of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1331(c)).
    (b) Ocean Incineration and Dumping.--Notwithstanding 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 dumping within the 
        Zone; or
            (2) any onshore facility that facilitates ocean 
        incineration or harmful ocean dumping within the Zone.

SEC. 6. FISHING.

    This Act is not intended to regulate, restrict, or prohibit 
commercial or recreational fishing, or other harvesting of ocean life 
in the Zone.

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