Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in such Planning Areas for a specified period.
Directs the Secretary to establish the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities.
Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 273 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 273
Imposing certain restrictions and requirements on the leasing under the
Outer Continental Shelf Lands Act of lands offshore Florida, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2001
Mr. Goss introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
Imposing certain restrictions and requirements on the leasing under the
Outer Continental Shelf Lands Act of lands offshore Florida, 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. FINDINGS.
The Congress finds that--
(1) preleasing, leasing, exploration, and development and
production of oil and gas from the outer Continental Shelf
without adequate scientific and environmental information does
not provide the level of protection needed for the conservation
of the natural resources of the Nation's coastal areas;
(2) the Secretary of the Interior, assigned the primary
responsibility for the proper stewardship of the Nation's
public lands and outer Continental Shelf, is required to
provide adequate environmental analysis under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and other Federal laws, before such lands are leased to
develop oil and gas resources; and
(3) to protect the marine, coastal, and human environments
of coastal States, the citizens of such States are entitled to
have an adequate body of scientific and environmental
information, with a minimal level of uncertainty, before such
leasing and development are carried out.
SEC. 2. AREAS COVERED.
The areas to which this Act applies are--
(1) that part of the Eastern Gulf of Mexico Planning Area
that is east of the lateral seaward boundary between the States
of Florida and Alabama;
(2) the Straits of Florida Planning Area; and
(3) that part of the South Atlantic Planning Area that is
south of the lateral seaward boundary between the States of
Florida and Georgia.
SEC. 3. RESTRICTIONS AND REQUIREMENTS.
(a) General Rule.--The Secretary shall not conduct any preleasing
activities, hold any lease sale, or approve or permit any exploration,
production, or drilling activities under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) in any area described in section 2
unless--
(1) all assessments, studies, and research required for
such area under section 4 have been completed;
(2) all such assessments, studies, and research have been
peer reviewed, by qualified scientists not employed by the
Federal Government, as provided for and supervised by the Joint
Task Force; and
(3) the Secretary has transmitted to the Congress and to
the Governor of Florida a report, which has been reviewed by
the Joint Task Force, certifying that the available physical
oceanographic, ecological, and socioeconomic information, and
other environmental, endangered and threatened species, and
marine mammal information, is adequate to enable the Secretary
to carry out his responsibilities in such area under the Outer
Continental Shelf Lands Act and other Federal laws, with a
minimal level of uncertainty, with respect to all preleasing
activities, leasing, and exploration, production, and drilling
activities.
(b) Specific Prohibition.--Notwithstanding subsection (a), the
Secretary shall not conduct any preleasing activity, hold any lease
sale, or approve or permit any exploration, production, or drilling
activities under the Outer Continental Shelf Lands Act in that part of
the Eastern Gulf of Mexico Planning Area that is south of 26 degrees
north latitude and east of 86 degrees west longitude.
(c) Additional Prohibition.--Notwithstanding subsection (a), the
Secretary shall not conduct any preleasing activity or hold any lease
sale in any area described in section 2 until after the expiration of
the period covered by the next oil and gas leasing program issued under
section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344)
after the leasing program in effect under such section as of the date
of enactment of this Act.
SEC. 4. ASSESSMENTS, STUDIES, AND RESEARCH.
The assessments, studies, and research referred to in section
3(a)(1) and (2) are as follows:
(1) Eastern gulf of mexico planning area.--With respect to
the area described in section 2(1):
(A) 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.
(B) The Northeastern Gulf of Mexico Marine
Ecosystem Study, to be conducted by the National
Biological Survey.
(C) 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.
(D) Any additional studies or research in such area
needed to acquire information where one of the National
Research Council's reports found available information
inadequate.
(E) Any additional physical oceanographic,
ecological, or socioeconomic or other environmental
studies or endangered and threatened species and marine
mammal surveys requested by the Governor of Florida or
the Joint Task Force to minimize the uncertainty about the effects of
all preleasing activities, leasing, and exploration, production, and
drilling activities 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, studies, or research
described in subparagraphs (A) through (D).
(2) Straits of florida planning area.--With respect to the
area described in section 2(2):
(A) 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.
(B) Any additional physical oceanographic,
ecological, or socioeconomic or other environmental
studies or endangered and threatened species and marine
mammal surveys requested by the Governor of Florida or
the Joint Task Force to minimize the uncertainty about
the effects of all preleasing activities, leasing, and
exploration, production, and drilling activities on the
marine environment, the coastal environment, and the
human environment of the State of Florida.
(3) South atlantic planning area.--With respect to the area
described in section 2(3), any physical oceanographic,
ecological, or socioeconomic or other environmental studies or
endangered and threatened species and marine mammal surveys
requested by the Governor of Florida or the Joint Task Force to
minimize the uncertainty about the effects of all preleasing
activities, leasing, and exploration, production, and drilling
activities on the marine environment, the coastal environment,
and the human environment of the State of Florida.
SEC. 5. JOINT TASK FORCE.
(a) Establishment.--The Secretary of the Interior shall establish a
Joint Federal-State Outer Continental Shelf Task Force for the purpose
of carrying out the responsibilities assigned such Joint Task Force
under this Act.
(b) Membership.--The Joint Task Force established under subsection
(a) shall consist of--
(1) one representative each from the Environmental
Protection Agency, the Minerals Management Service, the
National Oceanic and Atmospheric Administration, and the United
States Fish and Wildlife Service;
(2) four representatives from the State of Florida
appointed by the Secretary of the Interior from a list provided
by the Governor of such State; and
(3) three 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.
(c) Compensation.--(1) Members of the Joint Task Force appointed
under subsection (b)(3), while performing official duties under this
Act shall receive compensation for travel and transportation expenses
under section 5703 of title 5, United States Code.
(2) Members of the Joint Task Force appointed under subsection
(b)(3) may be compensated at a rate to be fixed by the Secretary of
Commerce, but not in excess of the maximum rate of pay allowable under
section 5376(b)(1) of title 5, United States Code, for each day such
member spends performing the duties of the Joint Task Force.
SEC. 6. ENVIRONMENTAL IMPACT STATEMENTS.
Approval of the first exploration plan submitted after the date of
enactment of this Act under section 11 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1340) in each of the 3 areas described in section
2 (1), (2), and (3) shall be subject to the requirement 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)).
SEC. 7. EFFECT ON OTHER LAWS.
Nothing in this Act shall affect any prohibition in any other law
against any activities on the outer Continental Shelf.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $3,000,000
for each of the fiscal years 2001, 2002, 2003, 2004, 2005, and 2006 for
carrying out this Act.
SEC. 9. DEFINITIONS.
For the purposes of this Act--
(1) terms defined in the Outer Continental Shelf Lands Act
have the meaning given such terms in that Act;
(2) references to specific Outer Continental Shelf planning
areas shall be to areas so designated in the Department of the
Interior Outer Continental Shelf Five Year Oil and Gas Leasing
Program, 1997-2002;
(3) the term ``adequate'' means sufficiently complete to
enable necessary decisions to be made under the Outer
Continental Shelf Lands Act, and of sufficient scientific
quality to be repeatable, reliable, and valid in measurements
and analysis with appropriate methods and subject;
(4) the term ``Joint Task Force'' means the Joint Federal-
State Outer Continental Shelf Task Force established under
section 5;
(5) the term ``National Research Council's reports''
means--
(A) the report entitled ``The Adequacy of
Environmental Information for Outer Continental Shelf
Oil and Gas Decisions: Florida and California'' issued
in 1989 by the 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
(B) parts I, II, and III of the ``Assessment of the
U.S. Outer Continental Shelf Environmental Studies
Program'' issued in 1990 and 1992 by the committee
referred to in subparagraph (A), with support from
Department of the Interior Contract No. 14-12-001-
30342; and
(6) the term ``preleasing activities'' means activities
conducted before a lease sale is held, and includes the
scheduling of a lease, requests for industry interest, calls
for information and nominations, area identifications,
publication of draft or final environmental impact statements,
notices of sale, and any form of rotary drilling; but such term
does not include environmental, geologic, geophysical,
economic, engineering, or other scientific analyses, studies,
and evaluations.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Executive Comment Requested from Interior.
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