[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 894 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 894

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 June 8 (legislative day, June 5), 1995

 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 
1995''.

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 described 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.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Development.--The term ``development'' has the meaning 
        stated in section 2 of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331).
            (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 
        stated in section 2 of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331).
            (5) Harmful ocean dumping.--The term ``harmful ocean 
        dumping''--
                    (A) shall have the meaning provided by the 
                Administrator, in consultation with the heads of other 
                Federal agencies whom the Administrator determines to 
                be appropriate; but
                    (B) shall not include--
                            (i) a de minimus disposal of vessel waste;
                            (ii) 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 that 
                                section; or
                                    (II) is disposed of pursuant to a 
                                permit issued pursuant to that section;
                            (iii) a discharge that is authorized under 
                        a National Pollutant Discharge Elimination 
                        System (NPDES) permit issued under section 402 
                        of the Federal Water Pollution Control Act (33 
                        U.S.C. 1342); or
                            (iv) 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 meaning stated 
        in section 2 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1331).
            (7) Outer continental shelf.--The term ``outer Continental 
        Shelf'' has the meaning stated in section 2 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331).
            (8) Person.--The term ``person'' has the meaning stated in 
        section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331).
            (9) Production.--The term ``production'' has the meaning 
        stated in section 2 of such Act (43 U.S.C. 1331).
            (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 established a California Ocean Protection Zone, consisting 
of--
            (1) waters of the Exclusive Economic Zone that are 
        contiguous to the waters of the territorial sea that are 
        contiguous to the State of California;
            (2) waters of the territorial sea that are contiguous to 
        the State of California; and
            (3) the portion of the outer Continental Shelf underlying 
        those waters.
SEC. 5. RESTRICTIONS.

    (a) Mineral Exploration, Development, and Production.--
            (1) Definition.--In this subsection, the term ``lease'' has 
        the meaning stated in section 2 of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1331).
            (2) Issuance of leases, permits, and licenses.--
        Notwithstanding any other 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.
            (3) Exploration, development, and production.--
        Notwithstanding any other law, a person may not engage in the 
        exploration for, or the development or production of, oil, gas, 
        or other minerals in or from the Zone after the date of the 
        cancellation, expiration, relinquishment, or termination of a 
        lease, permit, or license in effect on June ____, 1995, that 
        permits exploration, development, or production.
    (b) Ocean Incineration and Dumping.--Notwithstanding any other 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.
                                 <all>