[Congressional Record Volume 144, Number 122 (Tuesday, September 15, 1998)]
[House]
[Pages H7753-H7758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OCEANS ACT OF 1998
Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3445) to establish the Commission on Ocean Policy, and for
other purposes, as amended.
The Clerk read as follows:
H.R. 3445
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 ``Oceans Act of 1998''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Commission.--The term ``Commission'' means the
Commission on Ocean Policy established under section 4.
(2) Coastal state.--The term ``coastal State'' means a
State in, or bordering on, the Atlantic, Pacific, or Arctic
Ocean, the Gulf of Mexico, Long Island Sound, or one or more
of the Great Lakes.
(3) Marine environment.--The term ``marine environment''
includes--
(A) the oceans, including coastal and offshore waters and
nearshore saltwater estuaries;
(B) the continental shelf; and
(C) the Great Lakes.
(4) Ocean and coastal activities.--The term ``ocean and
coastal activities'' includes activities consisting of,
affecting, or otherwise related to oceanography, fisheries,
or the management or use of any ocean and coastal resource.
The term does not include military operations and training.
(5) Ocean and coastal resource.--The term ``ocean and
coastal resource'' means any living or nonliving natural,
historic, or cultural resource or mineral found in the marine
environment.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
SEC. 3. EXECUTIVE RESPONSIBILITIES.
(a) National Ocean and Coastal Policy.--The Congress and
the President, after receiving and considering the report of
the Commission under section 4, shall develop and propose a
coordinated, comprehensive, and long-range national policy
for the responsible use and stewardship of ocean and coastal
resources for the benefit of the United States, including a
plan to meet the resource monitoring and assessment
facilities and equipment requirements of Federal ocean and
coastal programs.
(b) Biennial Report.--Beginning in January 1999, the
President shall transmit to the Congress biennially a report
that shall include a detailed listing of all existing Federal
programs relating to ocean and coastal activities, including
a description of each program, the current funding for the
program, and a projection of the funding level for the
program for each of the following 5 fiscal years.
(c) Budget Coordination.--Each agency or department
involved in ocean and coastal activities shall include with
its annual request for appropriations a report that
identifies significant elements of the proposed agency or
department budget relating to ocean and coastal activities.
(d) Cooperation and Consultation.--In carrying out
responsibilities under this Act, the President--
(1) may use such staff, interagency, and advisory
arrangements as the President finds necessary and
appropriate; and
(2) shall consult with State and local governments and non-
Federal organizations and individuals involved in ocean and
coastal activities.
SEC. 4. COMMISSION ON OCEAN POLICY.
(a) Establishment.--
(1) In general.--There is hereby established the Commission
on Ocean Policy.
(2) Membership.--(A) The Commission shall be composed of 16
members appointed by the President from among individuals who
are knowledgeable in ocean and coastal activities, including
individuals representing State and local governments, ocean-
related industries, academic and technical institutions, and
public interest organizations involved with scientific,
regulatory, economic, and environmental ocean and coastal
activities. The membership of the Commission shall be
balanced geographically to the extent consistent with
maintaining the highest level of expertise on the Commission.
(B) Of the members of the Commission appointed under this
paragraph--
(i) 4 shall be appointed from a list of 8 individuals who
shall be recommended by the majority leader of the Senate in
consultation with the Chairman of the Senate Committee on
Commerce, Science, and Transportation;
(ii) 4 shall be appointed from a list of 8 individuals who
shall be recommended by the Speaker of the House of
Representatives in consultation with the Chairmen of the
Committees on Resources, Transportation and Infrastructure,
and Science;
(iii) 2 shall be appointed from a list of 4 individuals who
shall be recommended by the minority leader of the Senate in
consultation with the ranking member of the Senate Committee
on Commerce, Science, and Transportation; and
(iv) 2 shall be appointed from a list of 4 individuals who
shall be recommended by the by the minority leader of the
House of Representatives in consultation with the ranking
members of the Committees on Resources, Transportation and
Infrastructure, and Science.
(C) The members of the Commission shall be appointed for
the life of the Commission by not later than 90 days after
the date of the enactment of this Act.
(3) First meeting.--The Commission shall hold its first
meeting within 30 days after it is established.
(4) Chairman.--The Commission shall elect one of its
members as Chair.
(b) Report.--
(1) In general.--The Commission shall submit to the
Congress and the President, by not later than 18 months after
the date of the establishment of the Commission, a final
report of its findings and recommendations regarding United
States ocean policy.
(2) Public and state review.--Before submitting the final
report to the Congress, the Commission shall--
(A) publish in the Federal Register a notice that the draft
report is available for public review; and
(B) provide a copy of the draft report to the Governor of
each coastal State, the Committees on Resources,
Transportation and Infrastructure, and Science of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate.
(3) Final report contents, generally.--Subject to paragraph
(4), the final report of the Commission shall include
recommendations for the responsible use and stewardship of
ocean and coastal resources, including the following:
(A) Recommendations for any modifications to United States
laws and regulations, and the administrative structure of the
Executive agencies, that are necessary to improve the
understanding, management, and conservation and use of, and
access to, ocean and coastal resources.
(B) An assessment of the condition and adequacy of existing
and planned facilities associated with ocean and coastal
activities, including human resources, vessels, computers,
satellites, and other appropriate platforms and technologies,
and recommendations for investments and improvements in those
facilities.
(C) A review of existing and planned ocean and coastal
activities of Federal entities, and recommendations for
changes in such activities necessary to reduce duplication of
Federal efforts.
(D) A review of the cumulative effect of Federal laws and
regulations on United States ocean policy, an examination of
those laws and regulations for inconsistencies and
contradictions that might adversely affect the conduct of
ocean and coastal activities, and recommendations for
resolving any such inconsistencies. In particular, this
portion of the report shall include an examination of the
relationship between the fisheries development and fisheries
conservation responsibilities of the National Marine
Fisheries Service.
(E) A review of the known and anticipated supply of and
demand for ocean and coastal resources of the United States.
(F) A review of the relationship between Federal, State,
and local governments and the private sector in planning and
carrying out ocean and coastal activities, and
recommendations for enhancing the role of State and local
governments.
(G) A review of opportunities for the development of or
investment in new products, technologies, or markets related
to ocean and coastal activities.
(H) A review of previous and ongoing State efforts and
Federal efforts to enhance the effectiveness and integration
of ocean activities, including those occurring offshore and
in nearshore saltwater estuaries.
[[Page H7754]]
(4) State comments.--The Commission shall include in the
final report comments received from the Governor of any
coastal State regarding recommendations in the draft report
that apply to areas within the boundaries of that coastal
State.
(5) Consideration of factors.--In making its assessments
and reviews and developing its recommendations, the
Commission shall give full and balanced consideration to
environmental, technical, economic, and other relevant
factors, with an equal opportunity for all parties to present
a fair and reasonable case for unbiased consideration by the
Commission. All recommendations should consider effects on
private property. To the greatest extent possible, no
recommendations shall have a negative impact on local
economies that are dependent on ocean and coastal resources.
Any data used by the Commission in making its recommendations
for regulations shall be peer reviewed.
(6) Limitation on recommendations.--The Commission shall
not make any specific recommendations with respect to lands
and waters within the boundary of any State located north of
51 degrees North latitude, or with respect to lands and
waters within the State of Idaho.
(c) Duties of the Chair.--In carrying out the provisions of
this section, the Chair of the Commission shall be
responsible for--
(1) the assignment of duties and responsibilities among
staff personnel and their continuing supervision; and
(2) the use and expenditures of funds available to the
Commission.
(d) Compensation.--Members of the Commission shall, subject
to the availability of appropriations, when engaged in the
actual performance of duties of the Commission, receive
reimbursement of travel expenses, including per diem in lieu
of subsistence as authorized for persons employed
intermittently in the Government service under section 3109
of title 5, United States Code.
(e) Staff.--
(1) Executive director.--The Chair of the Commission may,
with the consent of the Commission and without regard to the
civil service laws and regulations, appoint and terminate an
executive director who is knowledgeable in administrative
management and ocean and coastal policy and such other
additional personnel as may be necessary to enable the
Commission to perform its duties.
(2) Compensation.--The executive director shall, subject to
the availability of appropriations, be compensated at a rate
not to exceed the rate payable for Level V of the Executive
Schedule under section 5316 of title 5, United States Code.
The Chairman may fix the compensation of other personnel
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for such personnel may not exceed
the rate payable for GS-15, step 7, of the General Schedule
under section 5332 of such title.
(3) Detailees.--Upon a request of the Chair of the
Commission made after consulting with the head of any Federal
agencies responsible for managing ocean and coastal
resources, the head of any such Federal agency may detail
appropriate personnel of the agency to the Commission to
assist the Commission in carrying out its functions under
this Act. Federal Government employees detailed to the
Commission shall serve without reimbursement from the
Commission, and shall retain the rights, status, and
privileges of his or her regular employment without
interruption.
(4) Experts and consultants.--To the extent that funds are
available, and subject to such rules as may be prescribed by
the Commission, the executive director of the Commission may
procure the temporary and intermittent services of experts
and consultants in accordance with section 3109 of title 5,
United States Code, but at rates not to exceed the daily rate
payable for GS-15, step 7, of the General Schedule under
section 5332 of title 5, United States Code.
(f) Administration.--
(1) Meetings.--All meetings of the Commission shall be open
to the public, except that a meeting or any portion of it may
be closed to the public if it concerns matters or information
described in section 552b(c) of title 5, United States Code.
Interested persons shall be permitted to appear at open
meetings and present written statements or oral statements at
the discretion of the Commission on the subject matter of the
meeting. The Commission may administer oaths or affirmations
to any person appearing before it.
(2) Notice of meetings.--All open meetings of the
Commission shall be preceded by timely public notice,
including notice in the Federal Register, of the time, place,
and subject of the meeting.
(3) Minutes and other records.--(A) Minutes of each meeting
shall be kept and shall contain a record of the people
present, a description of the discussion that occurred, and
copies of all statements filed. Subject to restrictions set
forth in section 552 of title 5, United States Code, the
minutes and records of all meetings and other documents that
were made available to or prepared for the Commission shall
be available for public inspection and copying at a single
location in the offices of the Commission.
(B) The Commission shall have at least one meeting in each
of the following 6 geographic regions of the United States:
(i) The Northeast.
(ii) The Southeast.
(iii) The Southwest.
(iv) The Northwest.
(v) The Great Lakes States.
(vi) The Gulf of Mexico States.
(g) Cooperation With Other Federal Entities.--
(1) Other federal agencies and departments.--The Commission
may secure directly from any Federal agency or department any
information it considers necessary to carry out its functions
under this Act. Each such agency or department may cooperate
with the Commission and, to the extent permitted by law,
furnish such information to the Commission, upon the request
of the Chair of the Commission.
(2) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as
departments and agencies of the United States.
(3) Acquisitions.--The Commission may enter into contracts
with Federal and State agencies, private firms, institutions,
and individuals to assist the Commission in carrying out its
duties. The Commission may purchase and contract without
regard to section 18 of the Office of Federal Procurement
Policy Act (41 U.S.C. 416) and section 8 of the Small
Business Act (15 U.S.C. 637), pertaining to competition and
publication requirements, and may arrange for printing
without regard to the provisions of title 44, United States
Code. The contracting authority of the Commission under this
Act is effective only to the extent that appropriations are
available for contracting purposes.
(h) Termination.--The Commission shall cease to exist 30
days after the date on which it submits its final report.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to support the activities of the
Commission $2,000,000 for fiscal year 1999 and $1,000,000 for
fiscal year 2000. Any sums appropriated may remain available
without fiscal year limitation until the Commission ceases to
exist.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Saxton) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
(Mr. SAXTON asked and was given permission to revise and extend his
remarks.)
Mr. SAXTON. Mr. Speaker, I ask unanimous consent to revise and extend
my remarks.
Mr. Speaker, today the House is considering H.R. 3445, a bill to
establish a National Ocean Commission. Considerable effort has gone
into producing the bill that is agreeable to a wide variety of parties
that are interested in the conservation, management, and use of our
natural, our rich and varied ocean and coastal resources.
The bill reflects an agreement reached before the full committee
markup by the gentleman from Alaska (Mr. Young), and the gentleman from
California (Mr. Farr) and other Members, and further amendments were
included to satisfy the concerns of gulf State Members.
It also reflects the willingness of the Committee on Science and the
Committee on Transportation and Infrastructure to allow us to move
forward in a prompt manner and act on the measure this year, the
International Year of the Ocean.
Mr. Speaker, I would like to express my sincere appreciation to the
Members of the Committee on Science and the Committee on Transportation
and Infrastructure for their consideration.
H.R. 3445 builds upon the foundation established more than 30 years
ago with the enactment of the Marine Resources, Engineering and
Development Act in the early 1960s. That historic legislation
established a Commission on Marine Sciences, Engineering and Resources
commonly referred to as the Stratton Commission, which encouraged
development of a comprehensive national ocean policy.
As a direct result of the Stratton Commission and their report, the
National Oceanic and Atmospheric Administration was formed and created,
and the Coastal Zone Management Act was passed by the Congress and
established.
By the year 2010, it has been estimated that 127 million people or 60
percent of the American population will live along our coasts. As
someone who is proud to represent a coastal district, I have dedicated
myself to the health and vitality of our ocean ecosystems.
H.R. 3445 will help assure that health and vitality through the work
of the new ocean policy commission. This commission will inform
Congress of our current ocean programs and whether or not they are on
track, whether or not they need to be changed, and will presumably
recommend some improvements.
[[Page H7755]]
As a maritime nation, we have always been aware of how crucial oceans
are to both our economic well-being and to the well-being of our
environment. For instance, the commercial fishing industry alone
contributes $111 billion per year to our national GDP. There is always
a need to further invigorate our ocean and coastal programs.
During the past 4 years, the Subcommittee on Fisheries Conservation,
Wildlife and Oceans, which I chair, has invested a great deal of effort
trying to improve U.S. coastal and ocean programs and dealing with
persistent management problems facing our fishery resources.
A formal review of all these policies by a group of independent
nongovernmental experts will give us a fresh look at these problems,
the problems our oceans face, and suggest the potential solutions for
the 21st Century.
The bill before us today establishes the National Ocean Commission
consisting of 16 Members. Eight will be appointed from Republican
nominations and eight from Democratic nominations, making it a true
bipartisan commission.
The bill requires extensive public input, including regional public
hearings, public review of the draft report, and review of the draft
report by the governors of coastal states.
The bill also requires the commission to consider the effects of its
recommendations on private property and local economies.
H.R. 3445 is the product of hundreds of hours of deliberation by both
Members and our fine staffs. It is an appropriate congressional
initiative during 1998, the International Year of the Ocean, and I
obviously hope that this bill will pass by a unanimous vote.
Mr. Speaker, I would like to make a special note of the fine efforts
of the gentleman from California (Mr. Farr), who together with several
other Members have partnered to create a bill and an initiative which I
believe is of great significance, and has gone through, frankly, a long
and difficult process.
So these bills that come about as a result of a long period of
consideration and conversation and dialogue and debate oftentimes
produce a very, very good product. I believe that that is the case with
regard to this bill, and I would like to thank the gentleman from
California (Mr. Farr) for the very important and forward looking role
that he played.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I ask unanimous consent that the
gentleman from California (Mr. Farr) be permitted to manage the
legislation on this side of the aisle.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from American Samoa?
There was no objection.
Mr. FARR of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I appreciate very much the role and leadership that the
gentleman from New Jersey (Mr. Saxton) has played in this. We are a
Congress that oftentimes emphasizes our partisan differences, and I
think on this bill we are emphasizing our bipartisan strengths on a
common issue, which is the oceans.
This is the International Year of the Ocean, and it is interesting
how that international year has played out. I am joking but I think
that we have to realize that in the International Year of the Ocean who
knew that the Academy Awards would honor the oceans by granting the
Oscar to the movie Titanic? Who would have known, when we began this
year, that the New York Times bestseller's nonfiction list would be for
a break in the all time record of a nonfiction book about weather,
called The Perfect Storm? Who knew, when we began this year, that we
were going to have on Larry King Live two talk shows about weather, the
El Nino?
So we are finishing this year with Congress responding to all of
these issues by enacting a bill that really takes all of those issues
into consideration, and that is a bill that puts together a commission
that is to look at these Federal programs not as a single sector
oriented, which is what we found in our committee discussions. Too much
of what we do in the Federal Government over time ends up just trying
to solve a single problem. We create a government to administer that
problem. We fund the government to deal with that problem and as we
grow more complex and more complicated in an area dealing with a body
of water that really knows no political boundary, no State political
boundary, local boundary, international boundary, these are issues
where we have to take a holistic approach to dealing with the problems
and that is what this commission is called upon to do. It is called
upon to bring back to Congress the conflicts that are out there, the
conflicts in our own law, the conflicts between State and local and
Federal governments.
So I think that Congress is really putting its best foot forward in
enacting this legislation because it is doing something that everybody
on each side of the aisle wants to do and that is do a better job with
limited resources.
So I really appreciate the bipartisan effort in this creation of this
bill. I want to also thank the staff of the Committee on Resources and
particularly the subcommittee of the gentleman from New Jersey (Mr.
Saxton), because we have worked together and everybody shared all the
information. It has not always been easy because there are some
interests here that are very sensitive.
So we are here on the floor with, I think, a good bill that everybody
can be proud of.
I just want to point out also that it has been an effort. I represent
the coast of California and I have a special interest in it. We have a
lot of marine institutions around the bay, 16 to 17 different
institutions that relate to the ocean. We call ourselves the Kennedy
Space Center of the ocean. A lot of other areas like to claim that
title, too, whether it is Woods Hole, Massachusetts, or the San Diego
area with Scripps, but we held in the Monterey Bay region the first-
ever Presidential Conference on the Oceans. It was attended by Members
of both sides of the aisle and they got to speak and participate.
I think we are really on a national realization that if we do not
deal with the problems of the ocean, we are going to have a lot of
detrimental effects for those of us who want to live on this planet. As
far as economic security, national security, environmental security,
food security and issues like that, this commission will bring us all
together with some comprehensive recommendations to Congress of how we
might move forward.
Mr. Speaker, I reserve the balance of my time.
{time} 1545
Mr. SAXTON. Mr. Speaker, I yield such time as he may consume to the
distinguished gentleman from New York (Mr. Boehlert).
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Speaker, 1998 is the Year of the Ocean. We have
heard that mentioned several times. So, it is only fitting and proper
that we focus on the ocean this year. And in doing so, I would like to
commend the gentleman from New Jersey (Chairman Saxton) for the
outstanding leadership he has provided. He is there every step of the
way. It is his inspiration, his innovation that has gotten us to this
juncture today.
But, Mr. Speaker, he has not done it alone. The gentleman from
California (Mr. Farr), the gentleman from Maryland (Mr. Gilchrest) and
the gentleman from California (Mr. Bilbray) have all been very active
participants in this process.
I think this is very important legislation. We sometimes think that
if it is not a major bill providing trillions of dollars of
expenditures and a lot of controversy, it is not all that important.
Let me suggest that this is very important.
Two-thirds of the world's surface is covered by water, and we have to
deal with that water. I was glad to hear the gentleman from California
(Mr. Farr), give that recitation of all those things that people did
not know about this year; that in 1998, nobody knew that Titanic would
get the Oscar. I think that people are properly focusing on the ocean
and I think a commission to study the issue and make recommendations to
all of us for further action is something that is very right and very
proper.
Mr. Speaker, I am here as a colleague who was watching this debate,
colloquy
[[Page H7756]]
more than a debate, in my office and said what they are doing over
there is very important and I want to say that to them. I want to
express to the gentleman from New Jersey (Chairman Saxton) and to the
gentleman from California (Mr. Farr) and the others who have been
involved, ``Thank you for what you are doing. I am proud of you.''
Mr. Speaker, this is the type of work that day in and day out the
House of Representatives is very actively engaged in. It is very
important, not just for now but for future generations.
Mr. FARR of California. Mr. Speaker, I yield 5 minutes to the
gentleman from American Samoa (Mr. Faleomavaega) whose district is
surrounded by water.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R.
3445, a bill to establish a commission on ocean policy. Mr. Speaker, we
all know that approximately two-thirds of the world's surface is
covered by water. Our oceans should be our greatest resource, but for
many years for many a number of reasons, oftentimes it has been nothing
more than our greatest dumping ground.
Decades ago, the United States and other progressive nations realized
that to continue our then current policy would only lead to the
destruction of a vital resource. In response, we began the process of
establishing a more coherent policy on management of this resource. It
was obvious to all those who were involved that the United States alone
could not adequately address the problem and through the efforts of the
United Nations and many other concerned countries, more aggressive
actions were taken worldwide.
Mr. Speaker, over the past 30 years, much progress has been made in
the management and use of our oceans. International protocols continue
to be developed to the benefit of all nations. This process has not
gone smoothly, however, and there have been and continue to be nations
which overfish dwindling stocks of fish or hunt species of whale to
near extinction. But today the tides have changed, so to speak. A vast
majority of the world opposes actions of this nature.
The United States continues to address the problem of overfishing of
local stocks off the coast of the eastern United States. This has been
a particularly difficult issue because of the long history of fishing
in communities which have relied on local stocks for generations. As
the yields in these stocks have dwindled over the last decade,
increased concern has risen to a sense of despair. This is an ongoing
problem which needs continued attention and additional resources.
Mr. Speaker, off the coast of the western United States, the issue of
fishing for tuna and the associated killing of dolphins has been
discussed for years. I have spoken on this topic at length in the past
and do not have the time to go into detail today, but suffice it to say
that we recently entered into a new international agreement in an
effort to enlist the support of our neighbors to the south to protect
dolphins, yet assist them in their economic development by permitting
tuna caught in compliance with this international accord to enter the
United States for commercial sale. The environmental community and the
domestic fishing industry was split on this new law and we will not
know for years how well this new arrangement will work. This is another
area which could use additional study and resources and even more the
reason why we should have a national commission on oceans.
Mr. Speaker, I am most familiar with U.S. interests in the Pacific
region. As the largest body of water in the world, the Pacific covers
70 million square miles of the earth's surface and borders or surrounds
many countries. It is the source of food for much of the world's
population and a significant portion of the world's commerce is
transported across its surface.
The United States has considerable interest in this region. Our
territory includes the State of Hawaii, the Territories of American
Samoa, Guam, and the Northern Mariana Islands. Although now
independent, we have continued close relationships with the Federated
States of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau. We also administer approximately a dozen other
islands in the Pacific. While the total land area is relatively small,
the area included in our Nation's Exclusive Economic Zone is hundreds
of thousands of square miles in the Pacific Ocean.
Mr. Speaker, our Nation alone controls some 2.3 million square
nautical miles of Exclusive Economic Zones. Coming from a group of
islands who have lived off this natural resource for thousands of
years, I welcome this piece of legislation. It is in our national
interest to devote additional resources to study of ocean policy.
Mr. Speaker, I urge my colleagues to support this great legislation.
I want to commend, again, the leadership and the service of the
gentleman from New Jersey (Mr. Saxton) the chairman of the Subcommittee
on Fisheries, Conservation, Wildlife and Oceans for his outstanding
performance, not only for the management of this legislation, but
certainly as a great friend.
Mr. SAXTON. Mr. Speaker, I reserve the balance of my time.
Mr. FARR of California. Mr. Speaker, how much time do we have
remaining?
The SPEAKER pro tempore (Mr. Shimkus). The gentleman from California
(Mr. Farr) has 11\1/2\ minutes remaining.
Mr. FARR of California. Mr. Speaker, I yield 4 minutes to the
distinguished gentleman from Guam (Mr. Underwood).
Mr. UNDERWOOD. Mr. Speaker, I thank the gentleman from California
(Mr. Farr) for yielding me this time, and I certainly would like to
begin by congratulating my colleague, the author of H.R. 3445, for his
diligent work in bringing this important piece of legislation to
fruition. Also, I would like to thank the gentleman from New Jersey
(Mr. Saxton) of New Jersey, the distinguished chairman, for all of his
efforts.
Mr. Speaker, one would find themselves hard-pressed to refute the
role that the oceans contribute to our daily lives. As has been stated
here already, and in other legislative bodies, at conferences and
seminars and symposiums, we depend on the oceans for our livelihood.
Not just in an economic sense, but also for recreational purposes for
tourism and even spiritual as well.
Coastal cities and towns rely on the waters of the sea. Some use it
for tourism, others for the transshipment of goods, while other retain
a long history perhaps as fishing villages.
As the delegate from the Island of Guam, an island community, our
people and our leaders use the surrounding ocean for all these reasons
and more. The ocean represents our historical ties with our ancestors
and also provides us with an opportunity for future growth and
maintaining and sustaining our way of life in the present.
In all the attention that has been drawn to oceans this year, people
have been fond of saying that over half of the country's population
lives within 50 miles of the water. Mr. Speaker, I am proud to say that
I come from a community where 100 percent of our people live within 4
miles of the ocean. And so we fully recognize the impact and the
importance of the ocean in our lifes.
Often we overlook what benefits the oceans bring to our communities
when we spend most of our time on land. I know, as the gentleman from
American Samoa (Mr. Faleomavaega), my esteemed colleague here, and I go
and crisscross the ocean and we see the great expanse of ocean, we also
see the opportunities. We imagine the history of our own islands'
peoples, but we also see the economic opportunities and the necessity
to protect the resources and the opportunities that the Pacific
provides this country and to the world.
The Stratton Commission convened in the 1960s to assess the Nation's
marine resources was a good beginning, because it helped bring about a
policy that created the National Oceanic and Atmospheric
Administration. It provided our country a method to use the ocean and
its resources for our gain. However, in our pursuit to travel faster on
ocean routes and establish economic advantages and to feed our Nation
and the world, I think we have neglected a sound international policy
to preserve and sustain the valued resources that the ocean provides.
The formulation of this commission on ocean policy, patterned
somewhat after the Stratton Commission, is an opportunity to step
forward in the
[[Page H7757]]
right direction. It helps to establish a new ocean policy focused
around properly managing the oceans to produce a healthy, abundant
ecosystem. It is a serious approach to create a plan that will ensure
the survival of a viable and abundant ocean in the 21st century.
Mr. Speaker, I would also like to take this opportunity to express my
support for ratification of the Convention of the Law of the Sea
Treaty. This international arrangement, and collaboration with other
developed nations that this treaty represents, goes hand in hand with
the national policy we are seeking to create. It is possible to have
one without the other, but to only develop a national policy and not
address the need for international cooperation in our new global
village is not quite responsible. The Law of the Sea helps to ensure
economic prosperity and military security while preserving and
sustaining ocean resources with the cooperation of other countries.
As leaders for the Nation, we carry the burden providing for the
present and planning for the future. H.R. 3445, the Oceans Act of 1998,
ensures that this responsibility is met. I encourage all of my
colleagues to support this measure.
Mr. FARR of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I think that it is important to point out that there is
some major overhaul of Federal law in this bill. This commission, which
the President shall appoint with recommendations from Congress, is
going to do some things that I think are absolutely essential to us
positioning ourselves for the 21st century.
The bill says, and I quote, ``A review of all existing or planned
ocean or coastal activities of Federal entities and recommendations for
changes in such activities necessary to reduce duplication of Federal
efforts.''
The bill also calls for, ``a review of the cumulative effect of
Federal laws and regulations on the United States ocean policy and
examination of those laws and regulations for inconsistencies and
contradictions that might adversely affect the conduct of ocean and
coastal activities, and recommendations for resolving the
inconsistencies.''
This is a good way of setting some Federal policy that gets us away
from just trying to administer item by item, as we have historically.
Then, ``a review of all known and anticipated supply of and demand
for ocean and coastal resources in the United States, and a review of
the relationship between Federal, State, and local governments and the
private sector in planning and carrying out ocean and coastal policy
recommendations.''
Probably even the most controversial area of all is to examine the
relationship between the fisheries development and fisheries
conservation responsibilities of the National Marine Fisheries so that
we do not really just legislate in crisis. We can legislate sound
management practices. All of these recommendations will come back to
Congress for enactment in the future.
Mr. Speaker, I want to also say that a person on my staff who was
here as a Sea Grant Fellow and had to go back to school, but I wanted
to point out that but for her work we would not be this far long:
Jennifer Newton. Chris Mann on our committee staff, and also the
minority staff of John Rayfield, Harry Burroughs, and Sharon McKenna
all made this bill possible, and I want to thank them for their effort.
Lastly, wholeheartedly my thanks and appreciation and professional
respect goes out to the gentleman from New Jersey (Chairman Saxton). We
have had a wonderful time working together on this bill because we
mutually had a vision of where we ought to be going and we stuck with
that vision and did whatever was necessary to try to bring it to
fruition.
{time} 1600
So I have a great deal of appreciation for the gentleman's leadership
and he serves his district well.
Mr. Speaker, I yield back the balance of my time.
Mr. SAXTON. Mr. Speaker, I yield myself the balance of my time and
would like to thank the gentleman for his kind remarks.
Mr. ORTIZ. Mr. Speaker, I appreciate the many efforts to bring an
oceans policy bill before the House of Representatives today. This is
certainly an issue which is extremely important to the future of the
United States and deserves our attention.
As H.R. 3445, the Oceans Act of 1998, comes to the floor of the House
of Representatives, I am concerned there has not been adequate debate
on provisions rejected for inclusion in this legislation which would
protect the objective and fair consideration of all interests in
offshore resources. It is my desire that we would continue to work to
bring a compromise bill on ocean policy to the floor of the House. This
is an extremely important issue with far ranging effects which Congress
should address thoroughly.
Since we initially considered this issue in the Committee on
Resources, I have not heard anyone say that we should not protect our
oceans. We all are aware of the inimitable role our oceans play in our
future and know we must insure the sustainability of oceanic resources.
At the same time, these resources contribute daily to the economies of
our communities and support a large segment of our population, both
directly and indirectly. While we work to protect the future of these
resources, we must insure we adequately protect the diverse interests
we have in our oceans.
Mr. SHUSTER. Mr. Speaker, H.R. 3445, the Oceans Act of 1998,
establishes a commission to help develop a national ocean policy.
Through its jurisdiction over law and programs regarding the ocean,
the Committee on Transportation and Infrastructure has a strong
interest in this legislative proposal.
In order to allow this legislation to be brought to the floor today,
the Committee on Transportation and Infrastructure agreed to a
sequential referral of very limited duration.
However, this action should in no way be considered a waiver of the
jurisdiction of the Committee on Transportation and Infrastructure over
H.R. 3445.
If this legislation goes to a House-Senate conference, the Committee
on Transportation and Infrastructure reserves the right to request to
be included as conferees.
In addition, the chairman of the Resources Committee has assured me
that he is willing to work with our committee on any differences the
Committee on Transportation and Infrastructure may have with this bill
in such a conference, or in the event that there is no formal House-
Senate conference on this bill.
I would like to thank the leadership of the Resources Committee for
these assurances and for their cooperation throughout the process.
Mr. MILLER of California. Mr. Speaker, I rise in support of the
substitute amendment for H.R. 3445. The amendment is, with minor
changes, essentially the bill that was reported from the Resources
Committee.
It establishes a commission on ocean policy to assess the status of
ocean and coastal resources and make recommendations on how we, as a
nation, can make the best use of these resources while ensuring their
availability to future generations. It calls for the President and
Congress, after reviewing the commission's report, to develop a
national policy to guide our ocean and coastal activities to those
ends.
While I support the bill before the House today, I remain concerned
that restrictions placed on the scope of the commission's review may
fetter the commission in making a comprehensive assessment of marine
resources and the activities that affect them. If this is the result,
then the ocean policy to be developed from the commission's
recommendations will be the poorer for it. After all, the commission
established by this bill will only make recommendations which Congress
and the Administration are free to ignore.
Yet up until the last minute there were attempts to further restrict
the scope of review, thus restricting the intellectual freedom of the
commissioners appointed, because of their expertise, to study our ocean
and coastal resources. Particularly disturbing was an attempt to
revisit issues dealt with unambiguously and decisively in Committee.
Clearly there are those that would prefer that this bill not become
law. Afraid to oppose it outright, they have tried to inflict the death
of a thousand cuts.
But as a result of the perseverance of Mr. Farr and the gentleman
from New Jersey, Mr. Saxton, those attempts have so far failed. The
compromise before the House today preserves the fundamental principles
of the bill that was introduced, while going the extra mile to address
the concerns of some members about the breadth of the commission's
authority.
1998 is the Year of the Ocean and this is bipartisan legislation to
promote responsible use and stewardship of these resources. It's been
30 years since the United States had a thorough review of the oceans
and Congress should take the lead in establishing an oceans policy for
the 21st century.
Again, I commend Mr. Farr and Mr. Saxton for all their hard work
trying to keep this bill on track against long odds.
[[Page H7758]]
This is good legislation and I urge the House to support it.
Mr. PALLONE. Mr. Speaker, I join my colleagues today in supporting
the passage of H.R. 3445, the Oceans Act. As the world celebrates the
International Year of the Ocean, we have an excellent opportunity to
initiate a major review of ocean policies in this Nation and to take
actions to improve our understanding of ocean systems and the ocean
environment as a whole.
As a coastal member and co-chair of the Coastal Caucus, I've always
been supportive of protecting our oceans and coasts and realize the
tremendous benefits they offer all Americans. Our oceans provide us
with jobs, food, recreational as well as education opportunities,
medicine, and transportation. Each year an estimated 180 million
Americans visit the coast and nearly one third of our nation's Gross
National Product is produced in coastal areas. Our oceans also play an
important role in determining climate.
But all is not well with our oceans. Today, more than half of all 265
million Americans live within 50 miles of our shores. This has put
tremendous pressure on our estuaries, coastal zone, and near and
offshore areas. In 1996, nearly 2,200 health advisories were issued
against the consumption of contaminated fish. In 1997, over 4,000 beach
closings or warnings were issued due to pollution. Harmful algal
blooms, like red tides and pfiesteria, have been responsible for over
$1 billion in economic damages over the last decade. A 1997 National
Marine Fisheries Service report to Congress stated that of the
federally managed species for which sufficient data was available, 31%
are ``overfished.'' The list goes on and on.
H.R. 3445 attempts to rectify some of these problems by establishing
a Commission on Ocean Policy. This Commission, which is similar to the
original Stratton Commission of the late 1960's, will report to
Congress and the President policy recommendations for how to do better
with respect to our oceans, ultimately resulting in a coordinated
National Ocean Policy.
While I support H.R. 3445, I am deeply disappointed that the bill
before us today is much weaker than what was passed unanimously by the
Fisheries Conservation, Wildlife and Oceans subcommittee. Nevertheless,
I applaud the efforts of Mr. Farr Mr. Saxton, and others for working so
hard to bring this bill to the floor today.
In closing, Mr. Speaker, I urge all Members to vote in favor of this
legislation so that we can go to conference and have it signed into law
before the end of the session. Cast a vote for the oceans! Vote yes on
the Oceans Act!
Mr. WELDON of Pennsylvania. Mr. Speaker, I rise today in support of
H.R. 3445, the Oceans Act of 1998. In my capacity as chairman of the
National Security R&D subcommittee, I have spent the last several years
working to promote ocean protection. I have continued to address the
issue of the protection of our seas at the international level through
my work as the Chairman of the Global Legislators for a Balanced
Environment (GLOBE) Task Force on Oceans, and as the U.S. Vice
President for the Advisory Committee on Protection of the Seas.
1998 has been declared the International Year of the Ocean in
recognition of the importance of our ocean resources--the ocean's
fundamental importance to our economic well being, safety, health, and
quality of life. We must continue to work to discover and to learn more
about our oceans in order to achieve the long-term goals of fostering
an increased awareness of the criticality of the ocean environment and
assuring the sustainable use of the ocean for our continued national
vitality.
It is clear that we need to get smarter about the ocean. For more
than half of the American population, it is truly in our back yards.
For the military, it is the primary platform for defense. For the
economy, it produces one out of every three dollars of the Gross
National Product. We can track the spread of cholera by understanding
ocean circulation and we may find a cure for cancer in the biology of
the sea. The seabed may be the next place for large-scale mining of
precious ores.
We are surrounded by a medium about which we know less than we know
about the moon! It is time to change this, and to enlarge our view of
the ocean. We have mapped the entire sphere of the moon at resolutions
sufficient to reveal geographic characteristics the size of a football
field, as well as objects the size of bicycles within those fields.
Yet, we have mapped less than seven percent of the ocean floor. Such
mapping has been done at resolutions as much as ten thousand times
poorer than the precision used for the Moon and Mars. We have yet to
image at any resolution vast mountain chains, earthquake faults,
shipwrecks, and a multitude of other features that would help us
understand major features of the 197 million square miles of planet on
which we live.
Clearly, the ocean is more than a beautiful vista for recreation. I
urge my colleagues to join me in supporting H.R. 3445 to establish a
Commission on Ocean Policy. In this way, we can be more committed to
better understanding and protecting our interests in this incredible
resource.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion
offered by the gentleman from New Jersey (Mr. Saxton) that the House
suspend the rules and pass the bill, H.R. 3445, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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