[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2225 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2225

To amend the Outer Continental Shelf Lands Act to prohibit new leasing 
  activities in certain areas off the coast of Florida, and to permit 
exploration, production, or drilling activities on existing leases only 
if adequate studies are performed, to require adequate information and 
analyses for development and production activities, and to allow states 
         full review of development and production activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 1998

 Mr. Graham (for himself and Mr. Mack) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Outer Continental Shelf Lands Act to prohibit new leasing 
  activities in certain areas off the coast of Florida, and to permit 
exploration, production, or drilling activities on existing leases only 
if adequate studies are performed, to require adequate information and 
analyses for development and production activities, and to allow states 
         full review of development and production activities.

    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 ``Florida Coast Protection Act of 
1998''.

SEC. 2. LEASING ACTIVITY OFF THE COAST OF FLORIDA.

    (a) Prohibition.--Section 8 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337) is amended--
            (1) in subsection (a)(1), by striking ``The Secretary'' and 
        inserting ``Except as provided in subsection (p), the 
        Secretary''; and
            (2) by adding at the end the following:
    ``(p) Leasing Activity Off the Coast of Florida.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Adequate.--The term `adequate', in reference 
                to information means, as defined by the National 
                Research Council reports described in paragraph 
                (2)(E)--
                            ``(i) sufficiently complete so as to 
                        provide for appropriate breadth and depth of 
                        basic scientific information in all relevant 
                        disciplines needed to understand the 
                        environmental risks associated with OCS 
                        decisions; and
                            ``(ii) of sufficient scientific quality to 
                        be repeatable, reliable, and valid in 
                        measurements and analyses with appropriate 
                        subjects methods of inquiry and interpretation 
                        that reflect the state of good practice in each 
                        scientific field.
                Methods of inquiry and interpretation must reflect the 
                state of good practice in each scientific field.
                    ``(B) Covered area.--The term `covered area' 
                means--
                            ``(i) Eastern Gulf of Mexico Planning Area 
                        (as established by the Secretary) which is 
                        adjacent to the State of Florida as defined by 
                        43 U.S.C. 1333(a)(2)(A);
                            ``(ii) the Straits of Florida Planning Area 
                        (as established by the Secretary); and
                            ``(iii) the South Atlantic Planning Area 
                        (as established by the Secretary) which is 
                        adjacent to the State of Florida as defined by 
                        43 U.S.C. 1333 (a)(2)(A);
                within 100 miles off the coast of Florida.
                    ``(C) Joint task force.--The term `joint task 
                force' means the Joint Federal-State Outer Continental 
                Shelf Task Force established by paragraph (3)(C).
                    ``(D) Preleasing activity.--
                            ``(i) In general.--The term `preleasing 
                        activity' means an activity relating to a lease 
                        that is conducted before a lease sale is held.
                            ``(ii) Inclusions.--The term `preleasing 
                        activity' includes--
                                    ``(I) the scheduling of a lease 
                                sale;
                                    ``(II) the issuance of a request 
                                for industry interest;
                                    ``(III) the issuance of a call for 
                                information or a nomination;
                                    ``(IV) the identification of an 
                                area for prospective leasing;
                                    ``(V) the publication of a draft or 
                                final environmental impact statement or 
                                a notice of sale; and
                                    ``(VI) the performance of any form 
                                of rotary drilling in a prospective 
                                lease area.
                            ``(iii) Exclusions.--The term `preleasing 
                        activity' does not include an environmental, 
                        geologic, geophysical, economic, engineering, 
                        or other scientific analysis, study, or 
                        evaluation.
                    ``(E) Report of the national research council of 
                the national academy of sciences.--The term `report of 
                the National Research Council' means--
                            ``(i) the report entitled `The Adequacy of 
                        Environmental Information for Outer Continental 
                        Shelf Oil and Gas Decisions: Florida and 
                        California' issued in 1989 by the National 
                        Research Council's Committee to Review 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
                            ``(ii) parts I, II, and III of the document 
                        entitled `Assessment of the United States Outer 
                        Continental Shelf Environmental Studies 
                        Program' issued in 1990 and 1992 by the 
                        committee referred to in subclause (I), with 
                        support from Department of the Interior 
                        Contract No. 14-12-001030342.
            ``(2) Prohibition of preleasing activities and lease 
        sales.--The Secretary shall not conduct any preleasing activity 
        or hold a lease sale under this Act in a covered area.
            ``(3) Activities in existing lease areas.--
                    ``(A) In general.--With respect to a lease in a 
                covered area entered into before the date of an 
                enactment of this subsection, the Secretary may approve 
                or permit an exploration, production, or drilling 
                activity in the lease area only if--
                            ``(i) all assessments, studies, and 
                        research required for the area under 
                        subparagraph (B) have been completed;
                            ``(ii) all such assessments, studies, and 
                        research have been peer reviewed, by qualified 
                        scientists, as provided for and supervised by 
                        the joint task force; and
                            ``(iii) the Secretary submits to Congress 
                        and the Governor of the State of Florida a 
                        report, which has been approved by the joint 
                        task force, certifying that the available 
                        physical oceanographic, ecological, and 
                        socioeconomic information, and other 
                        information pertaining to the environment, 
                        endangered and threatened species, and marine 
                        mammals, is adequate to enable the Secretary to 
                        carry out the responsibilities of the Secretary 
                        in the area under the Outer Continental Shelf 
                        Lands Act (43 U.S.C. 1331 et seq.) and other 
                        laws, with a minimal level of uncertainty, with 
                        respect to the proposed exploration, 
                        production, or drilling activity.
                    ``(B) Assessments, studies, and research.--The 
                assessments, studies, and research referred to in 
                subparagraph (A) are as follows:
                            ``(i) Eastern gulf of mexico planning 
                        area.--With respect to the area described in 
                        paragraph (1)(B)(I):
                                    ``(I) The Assessment of the 
                                Historical, Social, and Economic 
                                Impacts of Outer Continental Shelf 
                                Development on Gulf Coast Communities, 
                                to be conducted by the Minerals 
                                Management Service.
                                    ``(II) The series of studies 
                                identified as the Northeastern Gulf of 
                                Mexico Coastal and Marine Ecosystem 
                                Program, to be conducted by the 
                                Biological Resources Division of the 
                                United States Geological Survey.
                                    ``(III) Any additional physical 
                                oceanographic studies identified 
and recommended by the Northeast Gulf of Mexico Physical Oceanography 
Workshop conducted by the Minerals Management Service in conjunction 
with Florida State University and identified in the workshop 
proceedings OCS Study MMS 94-0044.
                                    ``(IV) Any additional studies or 
                                research in the area identified by the 
                                joint physical oceanographic/ecological 
                                workshop to be held by the Minerals 
                                Management Service in conjunction with 
                                the University of West Florida in 
                                August 1998.
                                    ``(V) Any additional studies or 
                                research in the area needed to acquire 
                                information on a subject on which a 
                                report of the National Research Council 
                                found available information to be less 
                                than adequate.
                                    ``(VI) Any additional physical 
                                oceanographic, ecological, or 
                                socioeconomic or other environmental 
                                studies, endangered and threatened 
                                species surveys, or marine mammal 
                                surveys requested by the Governor of 
                                the State of Florida and recommended by 
                                the joint task force to minimize the 
                                uncertainty about the effects of the 
                                proposed preleasing activity, leasing, 
                                or exploration, production, or drilling 
                                activity on the marine environment, the 
                                coastal environment, and the human 
                                environment of the State of Florida, 
                                including any such request for the 
                                expansion of assessments, duties, or 
                                research described in subclauses (I) 
                                through (V).
                            ``(ii) Straits of florida planning area.--
                        With respect to the area described in paragraph 
                        (1)(B)(ii):
                                    ``(I) An assessment of the Social 
                                and Economic Impacts of Outer 
                                Continental Shelf oil and gas 
                                activities on Florida's coastal 
                                communities.
                                    ``(II) Any additional studies or 
                                research in the area needed to acquire 
                                information on a subject on which a 
                                report of the National Research Council 
                                found available information to be less 
                                than adequate.
                                    ``(III) Any additional physical 
                                oceanographic, ecological, or 
                                socioeconomic or other environmental 
                                studies, endangered and threatened 
                                species surveys, or marine mammal 
                                surveys requested by the Governor of 
                                the State of Florida and recommended by 
                                the joint task force to minimize the 
                                uncertainty about the effects of the 
                                proposed preleasing activity, leasing, 
                                or exploration, production, or drilling 
                                activity on the marine environment, the 
                                coastal environment, and the human 
                                environment of the State of Florida.
                            ``(iii) South atlantic planning area.--With 
                        respect to the area described in paragraph 
                        (1)(B)(iii):
                                    ``(I) An assessment of the social 
                                and economic impacts of Outer 
                                Continental Shelf oil and gas 
                                activities on Florida's coastal 
                                communities.
                                    ``(II) Any additional studies or 
                                research in the area needed to acquire 
                                information on a subject on which a 
                                report of the National Research Council 
                                found available information to be less 
                                than adequate.
                                    ``(III) Any additional physical 
                                oceanographic, ecological, or 
                                socioeconomic or other environmental 
                                studies, endangered and threatened 
                                species surveys, or marine mammal 
                                surveys requested by the Governor of 
                                the State of Florida and recommended by 
                                the joint task force to minimize the 
                                uncertainty about the effects of the 
                                proposed preleasing activity, leasing, 
                                or exploration, production, or drilling 
                                activity on the marine environment, the 
                                coastal environment, and the human 
                                environment of the State of Florida.
                    ``(C) Joint task force.--
                            ``(i) Establishment.--There is established 
                        a Joint Federal-State Outer Continental Shelf 
                        Task Force for the purpose of carrying out the 
responsibilities assigned to the joint task force under this paragraph 
in the areas described in subparagraph (B).
                            ``(ii) Responsibilities.--The 
                        responsibilities of the Joint Federal-State 
                        Outer Continental Shelf Task Force shall be--
                                    ``(I) to ensure the acquisition and 
                                consideration of adequate information 
                                in all relevant disciplines needed to 
                                understand the environmental risks 
                                associated with OCS activities and for 
                                the protection of marine, coastal, and 
                                human environments of the State of 
                                Florida; and
                                    ``(II) to provide recommendations, 
                                with the assistance of the OCS 
                                Scientific Committee, on the adequacy, 
                                types, and methodologies of 
                                assessments, studies, and research 
                                needed to enable the Secretary to carry 
                                out the responsibilities of the 
                                Secretary in the areas under the Outer 
                                Continental Shelf Lands Act (43 U.S.C. 
                                1331 et seq.) and other laws, with a 
                                minimal level of uncertainty;
                                    ``(III) to facilitate the 
                                resolution of conflicts between the 
                                State of Florida and the Minerals 
                                Management Service or other Federal 
                                agency regarding OCS activities and 
                                environmental studies;
                                    ``(IV) to assist the Minerals 
                                Management Service and other Federal 
                                agencies in coordinating research; and
                                    ``(V) to participate in the review 
                                of, and assist in obtaining review by, 
                                qualified scientists of all 
                                assessments, studies and research 
                                required by this subsection.
                            ``(ii) Membership.--The joint task force 
                        shall consist of--
                                    ``(I) 1 representative, at the 
                                assistant secretary level or 
                                equivalent, of each of--
                                            ``(aa) the Environmental 
                                        Protection Agency;
                                            ``(bb) the Minerals 
                                        Management Service;
                                            ``(cc) the National Oceanic 
                                        and Atmospheric Administration;
                                            ``(dd) the United States 
                                        Fish and Wildlife Service;
                                            ``(ee) the National Marine 
                                        Fisheries Service; and
                                            ``(ff) the Biological 
                                        Resources Division of the 
                                        United States Geological 
                                        Survey;
                                    ``(II) 6 representatives of the 
                                State of Florida, appointed by the 
                                Governor of the State; and
                                    ``(III) 3 members appointed by the 
                                Secretary 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 social science.
                            ``(iii) Compensation.--
                                    ``(I) In general.--Members of the 
                                joint task force appointed under clause 
                                (ii)(III) may be compensated at a rate 
                                to be fixed by the Secretary of 
                                Commerce, but not in excess of the 
                                maximum rate of pay payable for a 
                                position classified above GS-15 under 
                                section 5108 of title 5, United States 
                                Code, for each day that the member 
                                spends performing the duties of the 
                                joint task force.
                                    ``(II) Travel and transportation 
                                expenses.--Members of the joint task 
                                force appointed under clause (ii)(III), 
                                while performing official duties under 
                                this Act, shall receive compensation 
                                for travel and transportation expenses 
                                under section 5703 of title 5, United 
                                States Code.
                    ``(D) Oil and gas exploration.--Approval of the 
                first exploration plan submitted after the date of 
                enactment of this subsection under section 11 and any 
                other exploration plan deemed significant by the 
                Secretary and each affected State in each of the 
                covered areas shall be subject to the requirement of 
                the preparation of a detailed statement submitted under 
                section 102(2)(C) of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4332(2)(C)).''.
    (b) Oil and Gas Development and Production.--
            (1) Development and production plan.--Section 25(c) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1351(c)) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by redesignating paragraph (6) as paragraph 
                (8); and
                    (C) by inserting after paragraph (5) the following:
            ``(6) thorough descriptions of the area affected by the 
        proposed development and production activities and analyses of 
        the primary, secondary, and cumulative effects of such 
        development and production on the ocean, coastal, land, human, 
        air, social, and economic resources of the affected area; and
            ``(7) specific information in the necessary detail for 
        inclusion in permit applications for all permits needed to 
        conduct development and production activities whether issued by 
        the Secretary or another Federal or State agency, including air 
        quality permits, water quality permits, applications for permit 
        to drill, applications for the approval of the installation of 
        a lease term pipeline or for the granting of a right-of-way; 
        and platform applications.''.
            (2) Concurrence by the state.--Section 25(d) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1351(d)) is amended--
                    (A) by striking ``The Secretary shall not'' and 
                inserting the following:
    ``(d) Concurrence by the State.--The Secretary shall not approve 
any Development and Production Plan or Development Operations 
Coordination Document or''; and
                    (B) by adding at the end the following:
            ``(2) Unavailability of information.--Should any of the 
        information required in subsection (c) not be available for 
        inclusion in the plan for development and production activities 
        at the time that the plan is submitted to the Secretary and 
        subsequently to a State for which the activities described in 
        the plan affects any land use or water use in the coastal State 
        with a coastal zone management program approved pursuant to 
        section 306 of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1455), the State's consistency response to the 
        consistency certification that accompanied the plan shall be 
        considered to be preliminary and provisional, subject to the 
        receipt and review of the complete information identified under 
        paragraph (1). When the information required under paragraph 
        (1) is developed and submitted to the Secretary or developed by 
        the Secretary, each affected State shall be afforded the 
        opportunity to complete its consistency review and response.''.
            (3) Major federal action.--Section 25(e)(1) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1351 (e)(1)) is 
        amended--
                    (A) by inserting before ``At least'' the following: 
                ``The Secretary shall consult with and obtain the 
                concurrence of each affected State in determining if 
                the approval of a development and production plan 
                constitutes to be a major Federal action for purposes 
                of the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).''; and
                    (B) by adding at the end the following
            ``(3) On a finding by the Secretary, in consultation with 
        each affected State, that the approval of a development and 
        production plan is a major Federal action subject to the 
        procedures under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), the Secretary shall ensure that each 
        affected State for which the development and production plan 
        affects any land use or water use in the coastal zone of the 
        State with a coastal zone management program approved pursuant 
        to section 306 of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1455), receives the final environmental impact statement 
        6 months prior to determining concurrence or objection to the 
        coastal zone consistency certification which must accompany the 
        environmental impact statement pursuant to section 307(c)(3)(B) 
        of the Coastal Zone Management Act of 1972 (16 U.S.C. 
        1456(c)(3)(B)). Coastal states for which a development and 
        production plan that has been determined to be a major Federal 
        action for purpose of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.), and that affects any land use or 
        water use of a State without an approved coastal zone 
        management program must receive the final environmental impact 
        statement 3 months prior to submission of comments and 
        recommendations under subsection (g).''.
            (4) Approval or disapproval.--Section 25(h)(1) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1351(h)(1)) is amended 
        in the first sentence--
                    (A) by striking ``within sixty days'' following 
                ``the Secretary shall,'';
                    (B) by striking ``sixty days'';
                    (C) by inserting after ``modifications of the 
                plan'' the following: ``, and after receipt of 
                concurrence or objection by a State with respect to the 
                consistency certification accompanying the 
                environmental impact statement pursuant to section 
                307(c)(3)(B) of that Act (16 U.S.C. 1456(c)(3)(B)) 
                unless the Secretary of Commerce makes the finding 
                authorized by section 307(c)(3)(B)(iii) of that Act (16 
                U.S.C. 1456(c)(3)(B)(iii)), whichever is later''; and
                    (D) by inserting after require ``modifications of 
                the plan'' the following: ``within 60 days.''.
            (5) Application of section.--Section 25(l) of the Outer 
        Continental Shelf Lands Act (3 U.S.C. 1351(l)) is amended by 
        striking ``may'' and inserting ``shall''.
                                 <all>