[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 83 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 83

To ensure the preservation of the Gulf of Mexico by establishing within 
     the Environmental Protection Agency a Gulf of Mexico Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

  Mr. Gramm (for himself, Mr. Cochran, Mr. Lott, Mr. Shelby, and Mr. 
Mack) introduced the following bill; which was read twice and referred 
            to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To ensure the preservation of the Gulf of Mexico by establishing within 
     the Environmental Protection Agency a Gulf of Mexico Program.

    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 ``Gulf of Mexico Preservation Act of 
1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Gulf of Mexico is an extraordinary economic and 
        environmental resource that--
                    (A) accounts for 90 percent of the United States 
                production of offshore oil and gas;
                    (B) generates, from oil and gas development, 
                Federal revenues second only to the Federal income tax;
                    (C) contributes, from tourism related dollars, 
                $20,000,000,000 to the United States economy;
                    (D) accounts for 45 percent of the import-export 
                shipping handled by the United States ports;
                    (E) produces approximately 40 percent of the United 
                States commercial fish yield;
                    (F) yields close to twice the amount of shrimp of 
                all other United States fisheries combined;
                    (G) comprises about half of the total wetland area 
                of the continental United States; and
                    (H) provides critical estuarine habitat for large 
                populations of finfish, shellfish, waterfowl, 
                shorebirds, colonial nesting birds, and 75 percent of 
                the migratory waterfowl traversing the United States;
            (2) the Gulf of Mexico is of great importance to this 
        Nation because of its fish and wildlife resources and economic 
        benefits to this Nation;
            (3) maintaining the health and ecological integrity of the 
        Gulf of Mexico is in the National interest;
            (4) the Gulf States, by virtue of their proximity to the 
        Gulf of Mexico and their knowledge of the local conditions 
        affecting its environmental integrity, must continue to play an 
        essential role in planning for the management, protection, and 
        restoration of the natural resources of the Gulf of Mexico;
            (5) the existing efforts of citizens groups, local 
        agencies, State governments, institutions of higher education, 
        private industries, nonprofit research organizations, the 
        Environmental Protection Agency, the Army Corps of Engineers, 
        the Soil Conservation Service of the Department of Agriculture, 
        the National Oceanic and Atmospheric Administration of the 
        Department of Commerce, the United States Fish and Wildlife 
        Service, the Minerals Management Service, and the Geological 
        Survey of the Department of the Interior, and other Federal 
        agencies should be utilized to carry out the purposes of this 
        Act; and
            (6) oceanic and atmospheric circulation patterns around the 
        Gulf of Mexico inherently render the marine environment of the 
        Gulf of Mexico an integral component of the environment of the 
        Wider Caribbean Region, and life cycles of marine species in 
        the Gulf are dependent on the Wider Caribbean Region and its 
        environment as a whole.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To establish a domestic Gulf of Mexico program in the 
        Environmental Protection Agency to protect the aesthetic, 
        environmental, and economic resources of the Gulf of Mexico.
            (2) To establish within the Environmental Protection Agency 
        a Gulf of Mexico Program Office to carry out the purposes of 
        the Gulf of Mexico Program.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Agency'' means the Environmental Protection 
        Agency;
            (2) the term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency;
            (3) the term ``Federal agency'' means the Environmental 
        Protection Agency, the Army Corps of Engineers, the Soil 
        Conservation Service of the Department of Agriculture, the 
        National Oceanic and Atmospheric Administration of the 
        Department of Commerce, the United States Fish and Wildlife 
        Service, Minerals Management Service, and the Geological Survey 
        of the Department of the Interior, and any other Federal agency 
        with a significant interest in coastal and marine resources;
            (4) the term ``Gulf States'' means Alabama, Florida, 
        Louisiana, Mississippi, and Texas; and
            (5) the term ``Wider Caribbean Region'' means the Caribbean 
        Sea, including the Gulf of Mexico, and areas of the Atlantic 
        Ocean adjacent thereto, south of 30 degrees north latitude and 
        within two hundred nautical miles of the Atlantic coast of the 
        States which are signatories to the Convention for the 
        Protection and Development of the Marine Environment of the 
        Wider Caribbean Region, with Annex, done at Cartagena on March 
        24, 1983 (TIAS 11085).

SEC. 4. GULF OF MEXICO PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish within the 
Agency a Gulf of Mexico Program (referred to in this Act as the ``Gulf 
Program'') to--
            (1) report on the assessment of trends in environmental 
        quality, including air and water, natural resources, and uses 
        of the Gulf of Mexico;
            (2) collaborate with Gulf States, citizens groups, local 
        agencies, State governments, institutions of higher education, 
        private industries, nonprofit research organizations, Gulf Port 
        Authorities, and Federal agencies to collect, characterize, and 
        assess data on toxics, nutrients, pathogens, habitat loss or 
        alteration, and natural resources within the Gulf of Mexico to 
        identify the causes of environmental problems, both natural and 
        man made;
            (3) collaborate with Gulf States, citizens groups, local 
        agencies, State governments, institutions of higher education, 
        private industries, nonprofit research organizations, Gulf 
        Public Port Entities, and Federal agencies, on the development 
        of a Management, Protection, and Restoration Plan that 
        recommends priority actions and schedules to address--
                    (A) sources of pollution in order to restore and 
                maintain the chemical, physical, and biological 
                integrity of the Gulf of Mexico, including restoration 
                and maintenance of water quality, protection and 
                restoration of critical habitats, and a balanced 
                indigenous population of coastal and marine biota 
                (including but not limited to shellfish, fish, 
                wildlife, and plants);
                    (B) recreational activities in the Gulf of Mexico;
                    (C) preservation of the Gulf of Mexico;
                    (D) protection of the economic resources in the 
                Gulf of Mexico; and
                    (E) the greatest risks to human health and the 
                environment in the Gulf of Mexico, and the most cost-
                effective strategies that can be identified to 
                ameliorate those risks, including appropriate changes 
                to existing regulations; and
            (4) monitor the effectiveness of actions taken pursuant to 
        the Plan described in section 9.
    (b) Existing Activities.--The Gulf Program shall include the 
activities specified under this Act, and the activities of the Agency 
under the existing Gulf of Mexico Program.

SEC. 5. GULF OF MEXICO PROGRAM OFFICE.

    (a) Establishment.--There is established within the Agency a Gulf 
of Mexico Program Office (referred to in this Act as the ``Program 
Office''). The Program Office shall be located in a Gulf State.
    (b) Office Director.--
            (1) Appointment.--The Program Office shall be headed by a 
        Director, who shall be appointed by the Administrator. The 
        Administrator shall make an initial appointment of a Director 
        by not later than 180 days after the date of enactment of this 
        Act. The Administrator shall delegate to the Director such 
        authority as may be necessary to carry out the duties of the 
        Director under this section.
            (2) Duties of the director.--The Director shall oversee the 
        activities of the Gulf Program Office. In carrying out such 
        activities, the Director shall--
                    (A) obtain information concerning the environmental 
                quality of the Gulf of Mexico from within the Agency, 
                other Federal agencies, and departments and agencies of 
                States, and make the information available through 
                publications and other appropriate means;
                    (B) assist the Administrator in coordinating the 
                activities of the Program Office with the activities 
                related to coastal and marine resources of the Gulf 
                States, citizens groups, local agencies, State 
                governments, institutions of higher education, private 
                industries, non-profit research organizations, Gulf 
                Public Port Entities, and Federal agencies;
                    (C) assist the Administrator by developing a 
                Management, Protection, and Restoration Plan for the 
                Gulf pursuant to section 9 of this Act, and, to the 
                extent allowable by law, assist and support the 
                implementation of the Plan;
                    (D) assist the Administrator in awarding grants 
                pursuant to section 10 of this Act;
                    (E) provide such information and advice as the 
                Administrator determines to be necessary;
                    (F) oversee the preparation of the report on 
                assessments pursuant to section 7 of this Act;
                    (G) oversee the development of a strategy for 
                monitoring the Gulf of Mexico pursuant to section 8 of 
                this Act; and
                    (H) oversee the activities of the staff of the 
                Program Office.
            (3) Duties of the administrator.--The Administrator shall--
                    (A) oversee the activities of the Director 
                (including any activities of the Director relating to 
                the grant, research, and planning activities of the 
                Gulf Program), and provide administrative support to 
                the Gulf Program;
                    (B) make recommendations concerning Agency funding 
                for the Gulf Program; and
                    (C) oversee the development and monitor the 
                implementation of cooperative programs with Federal, 
                State, and local departments and agencies to carry out 
                the purpose described in paragraph (2)(B) through 
                interagency agreements, memoranda of understanding, 
                cooperative multiagency programs, or other similar 
                mechanisms of ensuring cooperation.

SEC. 6. STUDY OF INTERNATIONAL ISSUES.

    (a) Study.--The Administrator is authorized to conduct a study of 
environmental problems in the Gulf of Mexico, including areas beyond 
the Exclusive Economic Zone of the United States, as defined by 
Presidential Proclamation 5030 of March 10, 1983, and to assess the 
nature and extent of such problems.
    (b) International Cooperation.--
            (1) Sense of the congress.--It is the sense of the Congress 
        that the Secretary of State should, if appropriate, enter into 
        international agreements in furtherance of the objectives of 
        this Act.
    (c) Relationship to International Law and Foreign Policy of the 
United States.--Any action taken pursuant to this Act shall be 
consistent with the foreign policy of the United States, relevant 
international agreements, and customary international law. Any action 
taken pursuant to this Act that relates to the waters under the 
jurisdiction of a foreign country shall be undertaken in cooperation 
with that foreign country.

SEC. 7. ASSESSMENT.

    (a) Assessment.--Not later than 30 days after the date of enactment 
of this Act, the Administrator shall prepare a written report that 
provides the status of the activities of the Administrator with respect 
to the Gulf of Mexico, and the Administrator shall submit a copy of the 
report to the appropriate committees of Congress. Not later than 1 year 
after the date of enactment of this Act, the Administrator, in 
consultation with the heads of other Federal agencies, shall prepare a 
report on assessments of the environmental quality of the Gulf of 
Mexico and its impact on the economic viability and importance of the 
Gulf. The report shall--
            (1) describe the existing state of knowledge concerning the 
        environmental quality of the Gulf of Mexico;
            (2) include an inventory of relevant environmental research 
        and monitoring programs;
            (3) identify gaps in knowledge and research needed for the 
        development and implementation of the plan developed pursuant 
        to section 9 of this Act;
            (4) assess the environmental impact, as it effects the Gulf 
        of Mexico, of issues that include, but are not limited to--
                    (A) pollutants;
                    (B) nutrient loading;
                    (C) acid precipitation and acid deposition;
                    (D) the dumping of medical and plastic wastes;
                    (E) coastal beach erosion;
                    (F) habitat degradation;
                    (G) dissolved oxygen as a determinant of water 
                quality;
                    (H) the type and degree of bacterial infection in 
                key fish species of the Gulf (as determined by the 
                Director); and
                    (I) oil spill response activities in the Gulf; and
            (5) assess the economic importance and contributions of the 
        Gulf of Mexico to the Gulf States and to the nation, and 
        identify environmental problems prevalent in the Gulf that pose 
        a threat to those contributions.
    (b) Use of Assessments.--The report on the assessments prepared in 
subsection (a) shall be considered and used as the basis for preparing 
a final Management, Protection and Restoration Plan pursuant to section 
9 of this Act.
    (c) Focus of Report.--In preparing the report on assessments under 
subsection (a) the Director shall give special attention to changes in 
wildlife, shellfish, and key fish populations (as defined and 
determined by the Administrator) and any interrelated changes to the 
quality of the living resources of the Gulf.

SEC. 8. MONITORING.

    (a) Monitoring.--The Administrator, in conjunction with the 
Management, Protection, and Restoration Plan prepared and implemented 
pursuant to section 9 of this Act, shall design a strategy for 
monitoring the environmental quality of the Gulf. The strategy shall be 
based on the report on assessments prepared pursuant to section 7 of 
this Act and shall identify activities necessary to--
            (1) obtain data and information necessary for the 
        implementation of the Management, Protection, and Restoration 
        Plan;
            (2) evaluate the effectiveness of the implementation of the 
        Management, Protection, and Restoration Plan described in 
        section 9; and
            (3) identify long-term trends in the ecosystem health of 
        the Gulf of Mexico.
    (b) Contents.--The strategy described in subsection (a) may 
include, but shall not be limited to, activities for collecting and 
evaluating data concerning--
            (1) concentrations, sources and pathways of pollutants;
            (2) the characterization and identification of critical 
        habitats; and
            (3) the coastal and submerged habitats of the Gulf.
    (c) Implementation of the Monitoring Strategy and Use of Existing 
Programs.--The Management, Protection, and Restoration Plan described 
in section 9 of this Act shall--
            (1) provide for the implementation of the monitoring 
        activities called for in the monitoring strategy;
            (2) use, to the maximum extent possible the existing 
        Federal programs, private and federally funded research 
        efforts, or other such programs or research projects conducted 
        by interstate, State, and local agencies; and
            (3) ensure the coordination of the strategy with such 
        programs or research.

SEC. 9. MANAGEMENT, PROTECTION, AND RESTORATION PLAN.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator, with the concurrence of the heads of 
other Federal agencies concerning those portions of the Plan within the 
jurisdiction of those heads, and in consultation with local agencies, 
State governments, institutions of higher education, private 
industries, nonprofit research organizations, and Gulf Public Port 
Entities shall develop a Management, Protection, and Restoration Plan 
for the Gulf of Mexico (referred to in this Act as the ``Plan'').
    (b) Purpose.--The Plan shall recommend priority actions and 
schedules for addressing environmental problems affecting the chemical, 
physical, biological, and economic integrity of the Gulf of Mexico. The 
problems addressed may include, but are not limited to, point and 
nonpoint sources of pollution, restoration and maintenance of water 
quality, the means to maintain a balanced indigenous population of 
coastal and marine biota, and recreational activities in the Gulf of 
Mexico.
    (c) Contents of Plan.--
            (1) In general.--The Plan shall--
                    (A) outline specific activities to be conducted 
                under the Gulf Program by the Administrator through the 
                Gulf Program Office;
                    (B) provide for cooperative activities under the 
                Gulf Program with Federal, State, and local departments 
                or agencies under the Gulf Program;
                    (C) provide for cooperative activities under the 
                Gulf Program with institutions of higher education and 
                private entities with a significant interest in coastal 
                and marine resources;
                    (D) set forth recommendations for actions by 
                Federal, State, and local agencies to prevent, abate or 
                remediate pollution in the Gulf of Mexico or to 
                otherwise improve the environmental quality and 
                economic viability of the Gulf;
                    (E) include a summary of the report on assessments 
                prepared pursuant to section 7 of this Act;
                    (F) include the strategy for monitoring the Gulf of 
                Mexico developed pursuant to section 8 of this Act and 
                the steps for implementing the strategy; and
                    (G) set priorities for actions to be undertaken by 
                Federal, State, and local agencies, taking into account 
                the severity of the human health or environmental risk 
                addressed by the activity.
            (2) Implementation.--Pursuant to paragraph (1), the Plan 
        shall recommend--
                    (A) the Federal, State, or local agency responsible 
                for the implementation of the measure;
                    (B) the time period necessary for carrying out the 
                measure;
                    (C) the resources necessary for conducting the 
                Plan; and
                    (D) any other actions necessary to implement the 
                Plan.
    (d) Public Participation.--The Director shall make a reasonable 
effort to ensure that the public is consulted in actions undertaken 
pursuant to the development and implementation of the Plan.
    (e) Plan Approval.--Not later than one year after the development 
of the Plan pursuant to section 9(a) of this Act, and after providing 
for public review, comment, and appropriate revision of the Plan, the 
Administrator, with the concurrence of the heads of other Federal 
agencies referred to in subsection (a) concerning those portions of the 
Plan within the jurisdiction of those heads, and with the concurrence 
of the Gulf States concerning those portions of the Plan relating to 
waters within the jurisdiction of the Gulf States, shall approve the 
Plan if it meets the requirements of this Act, and other Federal 
statutes.
    (f) Plan Review.--The Plan approved pursuant to subsection (e) 
shall be reviewed, updated, and implemented under the conditions 
specified in subsection (e) on the date which is 3 years after the date 
of initial approval, and every 5 years thereafter.

SEC. 10. GRANT PROGRAM.

    (a) In General.--The Administrator shall, in consultation with the 
Director and upon approval of an application submitted by a Gulf State 
or a group of States, make a grant to such State or group of States for 
the purpose of furthering the development and implementation of the 
Plan described in section 9 of this Act.
    (b) Purposes.--Each State that receives a grant under this section 
may provide financial assistance to State, local, interstate, or 
regional water pollution control entities, State coastal zone 
management agencies, interstate agencies, international organizations, 
public or nonprofit private agencies, research organizations, 
institutions, and other organizations for the purpose of assisting the 
State or group of States in research, surveys, studies, modeling, 
monitoring, technical assistance, citizen involvement, education, 
remediation, or other support work necessary for the development and 
implementation of the Plan described in section 9 of this Act.
    (c) Application Requirements.--As part of an application for a 
grant under this section, the State or group of States shall include 
the following information:
            (1) A statement of the activities that the State or group 
        of States intends to carry out within a specified period of 
        time to develop and implement the Plan.
            (2) An estimate of the cost of the activities described in 
        paragraph (1).
            (3) An agreement that the State or group of States will 
        provide, from non-Federal sources, an amount equal to at least 
        50 percent of the total amount of the grant. In-kind payments 
        shall qualify for the purpose of meeting the total non-Federal 
        matching requirements.
    (d) Approval.--Upon receipt of an application under this section, 
the Administrator shall review the application. If the Administrator 
determines that the application is consistent with the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), with the policies of 
the Agency, and with the purposes of this Act, the Administrator shall 
approve the application, and from within available funds, award a grant 
upon approval.
    (e) Administrative Costs.--Not more than 10 percent of the amount 
of any grant under this section may be expended by a State (or group of 
States) for administrative expenses.
    (f) Reports.--In addition to such reports as the Administrator may 
require (not more frequently than annually), and as a condition to 
receiving a grant under this section, the State or group of States must 
agree to submit to the Administrator, at the end of the first budget 
period after the date of the approval of the application, and annually 
thereafter for the duration of the period of the grant (as specified by 
the Administrator), a report that describes the progress of the State 
in carrying out the activities pursuant to this Act.
    (g) Existing Liability.--Grants made under this section may not be 
used for the purpose of relieving any person who would otherwise be 
liable under Federal or State law for damages, response costs, natural 
resources damages, restitution, equitable relief or any other relief, 
from liability for such relief.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out the purposes of this Act, there are 
authorized to be appropriated to the Environmental Protection Agency 
(in addition to any amounts otherwise appropriated to the Environmental 
Protection Agency for such purposes), an amount equal to--
            (1) $25,000,000 for fiscal year 1994;
            (2) $30,000,000 for fiscal year 1995;
            (3) $35,000,000 for fiscal year 1996;
            (4) $45,000,000 for fiscal year 1997;
            (5) $65,000,000 for fiscal year 1998; and
            (6) such sums as may be necessary for each fiscal year 
        thereafter.
    (b) Availability of Funds.--The amounts authorized to be 
appropriated pursuant to subsection (a) shall remain available until 
expended.
    (c) Use of Funds.--The amounts authorized to be appropriated 
pursuant to subsection (a) shall be used to carry out the 
responsibilities of the Agency set forth in this Act.
    (d) Specified Percentage for the Grant Program.--Of the amounts 
authorized to be appropriated under subsection (a), not less than 70 
percent of such amounts shall be available for the purposes of funding 
the grant program described in section 10 of this Act.
    (e) Budget.--Notwithstanding any other provision of law, in any 
budget proposal submitted by the Administrator to the President for 
inclusion in the annual budget of the United States Government 
submitted by the President to the Congress, the Administrator shall 
request that funding of the Program Office be included as a separate 
line item.

SEC. 12. ADMINISTRATIVE PROVISIONS.

    The Administrator, in consultation with the Director, shall, by not 
later than 90 days after September 30, 1993, and every 2 years 
thereafter, prepare and submit a written report to Congress. Such 
report shall include--
            (1) a discussion of environmental problems and trends in 
        pollutant concentrations with a direct or indirect effect on 
        Gulf of Mexico water quality, environmental conditions, and 
        economic vitality;
            (2) an evaluation of the pollution prevention, protection, 
        and restoration activities implemented under the Plan as of the 
        date of the report;
            (3) a description of the activities that the Administrator 
        recommends to be conducted during the following 2 years, in 
        order to implement the Plan;
            (4) a list of amounts expended or planned to be expended 
        for the purposes of carrying out this Act, according to 
        categories established by the Administrator;
            (5) a description of the activities of other Federal 
        agencies, including programs that impact the environmental 
        quality and economic value of the Gulf of Mexico; and
            (6) a comparison of current Gulf conditions with those--
                    (A) that existed at the time of the report on 
                assessments prepared pursuant to section 7 of this Act; 
                and
                    (B) that existed at the time of the immediately 
                preceding biennial report.

SEC. 13. RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND 
              INTERNATIONAL TREATIES.

    (a) In general.--Nothing in this Act shall affect the jurisdiction, 
powers, or prerogatives of any department, agency, officer, or program 
of the Federal Government, or of any State government or tribe.
    (b) International bodies.--Nothing in this Act shall affect the 
jurisdiction, powers, or prerogatives of any international body created 
by treaty with authority relating to the Gulf of Mexico.

                                 <all>

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