[Congressional Record Volume 144, Number 61 (Thursday, May 14, 1998)]
[Senate]
[Pages S4914-S4915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself, Mr. Sarbanes, Mr. Robb, Mr. 
        Lautenberg, Mrs. Murray, and Mr. Graham):
  S. 2084. A bill to amend the Outer Continental Shelf Lands Act to 
direct the Secretary of the Interior to cease mineral leasing activity 
on submerged land of the Outer Continental Shelf that is adjacent to a 
coastal State that has declared a moratorium on mineral exploration, 
development, or production activity in adjacent State waters; to the 
Committee on Energy and Natural Resources.


                   the coastal states protection act

  Mrs. BOXER. Mr. President, today, I am introducing the Coastal States 
Protection Act--legislation which I also introduced in the 104th 
Congress. This act will provide necessary protection for the nation's 
Outer Continental Shelf (OCS) from the adverse effects of offshore oil 
and gas development by making management of the federal OCS consistent 
with state-mandated protection of state waters. I am pleased that 
Representatives Capps and Miller are introducing the House version of 
this legislation.
  After many years of hard work to prevent further oil drilling in the 
Outer Continental Shelf (OCS), I am very pleased to see the broad bi-
partisan support that now exists for this issue. I began fighting for 
ocean protection on the Marin County Board of Supervisors, continued 
during my 10 years in the House of Representatives, and as a United 
States Senator representing California.
  Simply put, my bill says that when a state establishes a drilling 
moratorium on part or all of its coastal water, that protection would 
be extended to adjacent federal waters.
  It does a state little good to protect its own waters which extend 
three miles from the coast only to have drilling from four miles to 200 
miles in federal waters jeopardizing the entire state's coastline--
including the state's protected waters.
  An oil spill in federal waters will rapidly foul state beaches, 
contaminate the nutrient rich ocean floor upon which local fisheries 
depend, and endanger habitat on state tidelands.
  My legislation simply directs the Secretary of Interior to cease 
leasing activities in federal waters where the state has declared a 
moratorium on such activities thus coordinating federal protection with 
state protection.
  The bill has a very fundamental philosophy--do no harm to the 
magnificent coastlines of America and respect state and local laws.
  I also want to express my strong support for the current protection 
of our precious marine resources.
  The major portions of fragile California coastline is currently 
protected from the dangers of oil and gas drilling in offshore waters 
by several provisions of law. The State has a permanent moratorium on 
oil and gas leasing, which covers state waters up to three miles out. 
U.S. waters, up to 200 miles out, have been protected by a succession 
of one-year leasing and drilling moratoria enacted by Congress each 
year since 1982.
  In addition, in 1990, President George Bush issued a statement 
directing his Secretary of the Interior to cancel several existing 
leases and withhold any further leases in California waters for 10 
years. With this directive, President Bush showed his commitment to 
prohibiting offshore drilling in areas where environmental risks 
outweigh the potential energy benefits to the Nation.
  The strongest protection would be a permanent ban on further offshore 
oil and gas leases in California waters, and I have asked the President 
to consider this.
  California, and the rest of the nation, need a clear statement of 
coastal policy to provide industries, small businesses, homeowners and 
fishermen more certainty than can be provided by yearly moratoria. 
Annual battles over the moratoria make long-range business planning 
difficult, divert resources and attention from the real need for 
national energy security planning, and send confusing signals to both 
industry and those concerned about the impacts of offshore development.
  I understand that some feel that we are losing revenue because of 
these moratoria. I have two things to say about that. First, the public 
strongly supports the moratorium. And second, if the oil companies paid 
the royalties that they currently owe the federal government we could 
make up for the so-called ``lost revenue'' caused by the moratorium. 
Oil companies currently owe the federal government millions upon 
millions of dollars. It does not make sense to give oil companies 
access to more federal oil when they are already cheating the American 
taxpayer out of millions of dollars.
  As we celebrate the United Nations Year of the Ocean, we have a prime 
opportunity to strengthen our commitment to environmental protection by 
giving Americans a long lasting legacy of coastal protection.
  We must recognize that the resources of the lands offshore 
California, and the rest of the country, are priceless. We must 
recognize that renewable uses of the ocean and OCS lands are 
irreplaceable elements of a healthy, growing economy. These moratoria 
recognize that the real costs of offshore fossil fuel development far 
outweigh any benefits that might accrue from those activities.
  I am very pleased that Senators Murray, Sarbanes, Robb, Lautenberg, 
and Graham are original co-sponsors of this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2084

       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 ``Coastal States Protection 
     Act''.

     SEC. 2. STATE MORATORIA ON OFFSHORE MINERAL LEASING.

       Section 8 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337) is amended by adding at the end the following:
       ``(p) State Moratoria.--When there is in effect with 
     respect to lands beneath navigable waters of a coastal State 
     a moratorium on oil, gas, or other mineral exploration, 
     development, or production activities established by statute 
     or by order of the Governor, the Secretary shall not issue a 
     lease for the exploration, development, or production of 
     minerals on submerged lands of the outer Continental Shelf 
     that are seaward of or adjacent to those lands.''.

  Mr. GRAHAM. Mr. President, I am very pleased to join my colleague 
Senator Boxer in introducing the ``Outer Continental Shelf Lands Act.'' 
It is a key step forward in Florida's long battle to preserve our 
beautiful coastal and marine ecosystems.

[[Page S4915]]

  Floridians oppose offshore oil drilling because it poses a tremendous 
threat to one of our state's greatest natural and economic resources--
our coastal environment. Florida's beaches, fisheries, and wildlife 
draw millions of tourists each year from around the globe. Tourism 
directly or indirectly supports millions of jobs all across Florida, 
and the travel industry generates billions of dollars in economic 
activity every year.
  The Florida coastline boasts some of the richest estuarine areas in 
the world. These brackish waters, with their mangrove forests and 
seagrass beds, are an irreplaceable link in the life cycle of many 
species, both marine and terrestrial. Florida's commercial fishing 
industry relies on these estuaries because they support the nurseries 
for the most commercially harvested fish. Perhaps the most 
environmentally delicate regions in the Gulf, estuaries could be 
damaged beyond repair by even a relatively small oil spill.
  Over the years, we have met with some success in our effort to 
protect Florida's OCS. In 1995, the lawsuit surrounding the 
cancellation of the leases around the Florida Keys was settled, 
removing the immediate threat of oil and gas drilling from what is an 
extremely sensitive area.
  In June of 1997, Senator Mack and I introduced the Florida Coast 
Protection Act to cancel six leases in an area 17 miles off the coast 
of Pensacola. This bill would have provided leaseholders with the 
absolute right to just compensation from the federal government in 
order to recover their investment in these leases, while simultaneously 
protecting the Florida coastline that is so critical to our economy.
  Luckily, it was never necessary. Less than a week after we introduced 
our legislation, Mobil Oil announced that it was ending its drilling 
operation off the Northwest Florida coast and cancelling its 
exploratory leases. While Mobil's action did not completely eliminate 
the threats posed by oil and gas drilling, it did mean that the 
residents of Florida's Gulf Coast faced one fewer environmental 
catastrophe-in-the-making.
  The Florida delegation has also been successful in blocking other 
attempts to search for energy resources off our state's precious 
coastline. We've worked--and will continue to work--in a united, 
bipartisan fashion to maintain the federal moratorium on drilling in 
sensitive coastal areas.
  Mr. President, the bill that Senator Boxer has introduced today will 
provide further protection to all coastal states that have taken action 
to prevent offshore oil drilling by issuing a state moratorium on oil, 
gas, or mineral exploration, development, or production within state 
waters. Florida will benefit greatly from this bill, and I urge its 
speedy passage.
                                 ______