Gulf of Mexico Preservation Act of 1992

Gulf of Mexico Preservation Act of 1992 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program to: (1) assess trends in environmental quality in the Gulf; (2) collaborate with specified entities to identify causes of environmental problems; and (3) provide for the development of a management, protection, and restoration plan.

Establishes a Gulf of Mexico Program Office within EPA.

Authorizes the Administrator to: (1) conduct a study of environmental problems in the Gulf that are not confined to the jurisdiction of any Federal, State, or foreign entity; and (2) enter into memoranda of understanding and cooperative agreements and participate in a joint commission with the Mexican Government and any other appropriate foreign country to address such problems.

Directs the Administrator to report to the appropriate congressional committees on the status of activities in the Gulf. Requires the Administrator to prepare an assessment of Gulf environmental quality that shall: (1) describe the existing state of knowledge concerning the Gulf's environmental quality; (2) include an inventory of relevant environmental research and monitoring programs; (3) identify gaps in knowledge and research needed for the development of the management plan; and (4) assess the environmental impact of specified types of pollution, erosion, dissolved oxygen, bacterial infection in fish, and oil spill response activities.

Directs the Administrator to design a strategy for monitoring the environmental quality of the Gulf. Authorizes the Administrator to carry out the assessment and strategy by making grants to specified public and private entities. Requires the Administrator to develop a management, protection, and restoration plan for the Gulf. Requires the Plan to: (1) establish priority schedules for addressing environmental problems in the Gulf; (2) outline specific activities to be conducted under the Program; (3) provide for cooperative activities by public and private entities under the Program; (4) set forth recommendations for actions by Federal, State, and local agencies to prevent, abate, or remediate pollution in the Gulf or to improve environmental quality; and (5) include a summary of the assessment and the monitoring strategy. Provides for periodic reviews of the Plan.

Directs the Administrator to make grants to States for purposes of furthering the development and implementation of the Plan. Prohibits grants from being used to relieve any person of liability for environmental damages, response costs, or related relief under Federal or State law.

Authorizes appropriations. Earmarks at least 70 percent of appropriations for the grant program.

Requires the Administrator to request that funding of the Program Office be included as a separate line item in any annual budget proposal submitted by the President to the Congress.

 
HR 5249 IH
102d CONGRESS
2d Session
 H. R. 5249
To ensure the preservation of the Gulf of Mexico by establishing within the
Environmental Protection Agency a Gulf of Mexico Program Office.
IN THE HOUSE OF REPRESENTATIVES
May 21, 1992
Mr. IRELAND (for himself and Mr. GOSS) introduced the following bill; which
was referred jointly to the Committees on Merchant Marine and Fisheries, Public
Works and Transportation, Science, Space, and Technology, and Foreign Affairs
A BILL
To ensure the preservation of the Gulf of Mexico by establishing within the
Environmental Protection Agency a Gulf of Mexico Program Office.
  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 `Gulf of Mexico Preservation Act of 1992'.
SEC. 2. FINDINGS AND PURPOSES.
  (a) FINDINGS- The Congress finds that--
  (1) the Gulf of Mexico is an extraordinary economic and environmental
  resource that--
  (A) accounts for 90 percent of the United States production of offshore
  oil and gas;
  (B) generates, from oil and gas development, Federal revenues second only
  to the Federal income tax;
  (C) contributes, from tourism related dollars, $20,000,000,000 to the
  United States economy;
  (D) accounts for 45 percent of the import-export shipping handled by the
  United States ports;
  (E) produces approximately 40 percent of the United States commercial
  fish yield;
  (F) yields close to twice the amount of shrimp of all other United States
  fisheries combined;
  (G) comprises about half of the total wetland area of the continental
  United States; and
  (H) provides critical estuarine habitat for large populations of finfish,
  shellfish, waterfowl, shorebirds, colonial nesting birds, and 75 percent
  of the migratory waterfowl traversing the United States;
  (2) the Gulf of Mexico is of great important to this Nation because of
  its fish and wildlife resources and economic benefits to this Nation;
  (3) maintaining the health and ecological integrity of the Gulf of Mexico
  is in the National interest;
  (4) the Gulf States, by virtue of their proximity to the Gulf of Mexico
  and their knowledge of the local conditions affecting its environmental
  integrity, must continue to play an essential role in planning for the
  management, protection, and restoration of the natural resources of the
  Gulf of Mexico;
  (5) the existing efforts of citizens groups, local agencies, State
  governments, institutions of higher education, private industries, nonprofit
  research organizations, the Environmental Protection Agency, the Army
  Corps of Engineers, the Soil Conservation Service of the Department of
  Agriculture, the National Oceanic and Atmospheric Administration of the
  Department of Commerce, the Fish and Wildlife Service of the Department
  of the Interior, and other Federal agencies should be utilized to carry
  out the purposes of this Act; and
  (6) oceanic and atmospheric circulation patterns around the Gulf of Mexico
  inherently render the marine environment of the Gulf of Mexico an integral
  component of the environment of the Wider Caribbean Region, and life cycles
  of marine species in the gulf are dependent on the Wider Caribbean Region
  and its environment as a whole.
  (b) PURPOSES- The purposes of this Act are as follows:
  (1) To establish a Gulf of Mexico program in the Environmental Protection
  Agency to protect the aesthetic, environmental, and economic resources of
  the Gulf of Mexico.
  (2) To establish within the Environmental Protection Agency a Gulf of Mexico
  Program Office to carry out the purposes of the Gulf of Mexico Program.
SEC. 3. DEFINITIONS.
  For the purposes of this Act--
  (1) the term `Agency' means the Environmental Protection Agency;
  (2) the term `Administrator' means the Administrator of the Environmental
  Protection Agency;
  (3) the term `Federal agency' means the Environmental Protection Agency,
  the Army Corps of Engineers, the Soil Conservation Service of the Department
  of Agriculture, the National Oceanic and Atmospheric Administration of
  the Department of Commerce, the United States Fish and Wildlife Service
  of the Department of the Interior, and any other Federal agency with a
  significant interest in coastal and marine resources;
  (4) the term `Gulf States' means Alabama, Florida, Louisiana, Mississippi,
  and Texas; and
  (5) the term `Wider Caribbean Region' means the Caribbean Sea, including
  the Gulf of Mexico, and areas of the Atlantic Ocean adjacent thereto, south
  of 30 degrees north latitude and within two hundred nautical miles of the
  Atlantic coast of the States which are signatories to the Convention for the
  Protection and Development of the Marine Environment of the Wider Caribbean
  Region, with Annex, done at Cartagena on March 24, 1982 (TIAS 11085).
SEC. 4. GULF OF MEXICO PROGRAM.
  (a) ESTABLISHMENT- Not later than one hundred and eighty days after the date
  of the enactment of this Act, the Administrator shall establish within the
  Agency a Gulf of Mexico Program (hereafter in the Act referred to as the
  `Gulf Program') to--
  (1) assess trends in environmental quality, including air and water,
  natural resources, and uses of the Gulf of Mexico;
  (2) collaborate with Gulf States, citizens groups, local agencies, State
  governments, institutions of higher education, private industries, nonprofit
  research organizations, Gulf Port Authorities, and Federal agencies to
  collect, characterize, and assess data on toxics, nutrients, pathogens,
  habitat loss or alteration, and natural resources within the Gulf of Mexico
  to identify the causes of environmental problems both natural and man made;
  (3) collaborate with Gulf States, citizens groups, local agencies,
  State governments, institutions of higher education, private industries,
  nonprofit research organizations, Gulf Public Port Entities, and Federal
  agencies, on development of a management, protection, and restoration plan
  that recommends priority actions and schedules to address--
  (A) sources of pollution in order to restore and maintain the chemical,
  physical, and biological integrity of the Gulf of Mexico, including
  restoration and maintenance of water quality, protection and restoration of
  critical habitats, a balanced indigenous population of coastal and marine
  biota (including but not limited to shellfish, fish, wildlife, and plants);
  (B) recreational activities in the Gulf of Mexico;
  (C) preservation of the Gulf of Mexico;
  (D) protection of the economic resources in the Gulf of Mexico; and
  (E) greatest risks to human health and the environment in the Gulf of Mexico,
  and the most cost-effective strategies that can be identified to ameliorate
  those risks, including appropriate changes to existing regulations; and
  (4) monitor the effectiveness of actions taken pursuant to the plan.
  (b) EXISTING ACTIVITIES- The Gulf Program shall include the activities
  specified under this Act, and the activities of the Agency under the
  existing Gulf of Mexico Program.
SEC. 5. GULF OF MEXICO PROGRAM OFFICE.
  (a) ESTABLISHMENT- There is established within the Agency a Gulf of Mexico
  Program Office (hereinafter referred to as the `Program Office'). The
  Program Office shall be located in a Gulf State.
  (b) OFFICE DIRECTOR-
  (1) APPOINTMENT- The Program Office shall be headed by a Director, who
  shall be appointed by the Administrator. The Administrator shall make an
  initial appointment of a Director by not later than one hundred and eighty
  days after the date of the enactment of this Act. The Administrator shall
  delegate to the Director such authority as may be necessary to carry out
  the duties of the Director under this section.
  (2) DUTIES OF THE DIRECTOR- The Director shall oversee the activities
  of the Gulf Program. In carrying out the activities of the Gulf Program,
  the Director shall--
  (A) collect and make available, through publications and other appropriate
  means, information concerning the environmental quality of the Gulf of
  Mexico (hereinafter referred to as the `Gulf');
  (B) assist the Administrator in coordinating the activities of the Program
  Office with the activities related to coastal and marine resources with
  the Gulf States, citizens groups, local agencies, State governments,
  institutions of higher education, private industries, nonprofit research
  organizations, Gulf Public Port Entities, and Federal agencies;
  (C) assist the Administrator by developing a management, protection,
  and restoration Plan for the gulf pursuant to section 9 of this Act,
  and, to the extent allowable by law, oversee, assist, and support the
  implementation of the Plan;
  (D) assist the Administrator in awarding grants pursuant to section 10 of
  this Act;
  (E) provide such information and advice as the Administrator determines
  to be necessary;
  (F) oversee the assessment pursuant to section 7 of this Act;
  (G) oversee implementation of the strategy for monitoring the Gulf of
  Mexico developed pursuant to section 8 of this Act; and
  (H) oversee the activities of the staff of the Program Office.
  (3) DUTIES OF THE ADMINISTRATOR- The Administrator shall--
  (A) oversee the activities of the Director (including any activities of
  the Director relating to the grant, research, and planning activities of
  the Gulf Program), and provide administrative support to the Gulf Program;
  (B) make recommendations concerning the funding of the Gulf Program; and
  (C) oversee the development and implementation of cooperative programs
  with Federal, State, and local departments and agencies to carry out the
  purpose described in paragraph (2)(b) through interagency agreements,
  memoranda of understanding, cooperative multiagency programs, or other
  similar mechanisms of ensuring cooperation.
SEC. 6. STUDY OF INTERNATIONAL ISSUES.
  (a) STUDY- The Administrator is authorized to conduct a study of
  environmental problems in the Gulf that are not confined to the jurisdiction
  of any Federal, State, or foreign entity to assess the nature and extent
  of such problems.
  (b) INTERNATIONAL COOPERATION- In recognition that the oceanic circulation
  patterns inherently render the marine environment of the Gulf of Mexico an
  integral component of the Wider Caribbean Region and that the environmental
  concerns of the Gulf of Mexico Program need to be addressed on a broad
  regional basis, the Administrator (in cooperation with the Secretary
  of State and the heads of other Federal agencies with jurisdictional
  interests in the Wider Caribbean Region) is authorized to enter into
  memoranda of understanding and cooperative agreements, and to participate
  in the membership of a joint commission with the Government of Mexico
  and any other foreign country that the Administrator and Secretary of
  State determine to be appropriate in order to address the environmental
  problems described in the results of the assessment described in section
  7 of this Act. In carrying out this subsection, the Administrator shall
  duly recognize the foreign policy prerogatives of the United States.
SEC. 7. ASSESSMENT.
  (a) ASSESSMENT- No later than thirty days after the date of the enactment
  of this Act, the Administrator shall prepare a written report that provides
  the status of the activities of the Administrator with respect to the Gulf
  of Mexico, and the Administrator shall submit a copy of the report to the
  appropriate committees of the Congress. Not later than two years after
  the date of the enactment of this Act, the Administrator will prepare
  an assessment of the environmental quality of the Gulf of Mexico. The
  assessment shall--
  (1) describe the existing state of knowledge concerning the environmental
  quality of the Gulf of Mexico;
  (2) include an inventory of relevant environmental research and monitoring
  programs;
  (3) identify gaps in knowledge and research needed for the development and
  implementation of the Plan developed pursuant to section 9 of this Act; and
  (4) assess the environmental impact, as it affects the Gulf, of issues
  that include, but are not limited to--
  (A) pollutants;
  (B) nutrient loading;
  (C) acid precipitation and acid deposition;
  (D) the dumping of medical and plastic wastes;
  (E) coastal beach erosion;
  (F) habitat degradation;
  (G) dissolved oxygen as a determinant of water quality;
  (H) the type and degree of bacterial infection in key fish species of the
  Gulf (as determined by the Director); and
  (I) oil spill response activities in the Gulf.
  (b) USE OF ASSESSMENT- The results of the assessment conducted in subsection
  (a) shall be considered and used as the basis for preparing the final
  Management, Protection and Restoration Plan pursuant to section 9 of
  this Act.
  (c) FOCUS OF ASSESSMENT- In carrying out the assessment under this section,
  the Director shall give special attention to changes in wildlife, shellfish,
  and key fish populations (as defined and determined by the Administrator)
  and assess any interrelated changes to the quality of the living resources
  of the Gulf.
  (d) GRANTS- The Administrator may carry out the assessment under this
  section by making grants to State agencies, private research institutions,
  institutions of higher learning, and community organizations and
  by transferring to other Federal agencies funds appropriated to the
  Environmental Protection Agency to carry out this Act.
SEC. 8. MONITORING.
  (a) MONITORING- The Administrator, in conjunction with the Management,
  Protection, and Restoration Plan prepared and implemented pursuant
  to section 9 of this Act, shall design a strategy for monitoring the
  environmental quality of the Gulf. The strategy will be based on the
  assessment conducted pursuant to section 7 of this Act and shall identify
  activities necessary to--
  (1) obtain data and information necessary for the implementation of the
  Management, Protection, and Restoration Plan;
  (2) evaluate the effectiveness of the Implementation of the Management,
  Protection, and Restoration Plan described in section 9 of this Act; and
  (3) identify long-term trends in the ecosystem health of the Gulf of Mexico.
  (b) CONTENTS- The strategy described in subsection (a) may include, but shall
  not be limited to, activities for collecting and evaluating data concerning--
  (1) concentrations, sources and pathways of pollutants;
  (2) the characterization and identification of critical habitats; and
  (3) the coastal and submerged habitats of the Gulf.
  (c) IMPLEMENTATION OF THE MONITORING STRATEGY- The Administrator shall ensure
  that the monitoring activities identified in the strategy are conducted
  through the Management, Protection, and Restoration Plan described in
  section 9 of this Act.
  (d) USE OF EXISTING PROGRAMS- While ensuring implementation of the strategy
  for monitoring the Gulf, the Administrator shall coordinate with, or use,
  to the maximum extent possible, the existing Federal programs, private
  and federally funded research efforts, or other such programs or research
  projects conducted by interstate, State, and local agencies and ensure
  the coordination of the strategy with such programs or research.
  (e) GRANTS- The Administrator may design the strategy under this section by
  making grants to State agencies, private research institutions, institutions
  of higher learning, and community organizations and by transferring to
  other Federal agencies funds appropriated to the Environmental Protection
  Agency to carry out this Act.
SEC. 9. MANAGEMENT, PROTECTION, AND RESTORATION PLAN.
  (a) IN GENERAL- The Administrator shall, not later than two years after
  the date of the enactment of the Act, develop a Management, Protection,
  and Restoration Plan for the Gulf (hereinafter referred to as the `Plan'),
  in consultation with local agencies, State governments, institutions of
  higher education, private industries, nonprofit research organizations,
  Gulf Public Port Entities, and Federal agencies.
  (b) PURPOSE- The Plan must establish priority actions and schedules
  addressing environmental problems affecting the chemical, physical and
  biological integrity of the Gulf of Mexico. The problems addressed may
  include, but are not limited to, point and nonpoint sources of pollution,
  restoration and maintenance of water quality, the means to maintain a
  balanced indigenous population of coastal and marine biota, and recreational
  activities in the Gulf of Mexico.
  (c) CONTENTS OF PLAN- (1) The Plan shall--
  (A) outline specific activities to be conducted under the Gulf Program by
  the Administrator through the Gulf Program Office;
  (B) provide for cooperative activities under the Gulf Program with Federal,
  State, and local departments or agencies under the Gulf Program;
  (C) provide for cooperative activities under the Gulf Program with
  institutions of higher education and private entities with a significant
  interest in  coastal and marine resources;
  (D) set forth recommendations for actions by Federal, State, and local
  agencies to prevent, abate or remediate pollution in the Gulf or to
  otherwise improve the environmental quality of the Gulf with respect to
  the living resources of the Gulf;
  (E) include a summary of the assessment conducted pursuant to section 7
  of this Act;
  (F) include the strategy for monitoring the Gulf of Mexico developed
  pursuant to section 8 of this Act; and
  (G) set priorities for actions to be undertaken by Federal, State, and
  local agencies, taking into account the severity of the human health or
  environmental risk addressed by the activity.
  (2) Pursuant to paragraph (1), the Plan shall--
  (A) identify the Federal, State, or local agency responsible for its
  implementation of the measure;
  (B) specify the time period necessary for carrying out the measure;
  (C) indicate any regulatory changes necessary to implement an activity; and
  (D) delineate the resources necessary for its conduct.
  (d) PUBLIC PARTICIPATION- The Director shall make a reasonable effort to
  ensure that the public is consulted in actions undertaken pursuant to the
  development and implementation of the Plan.
  (e) PLAN APPROVAL- Not later than one year after the development of the
  Plan (pursuant to section 9(a) of this Act), and after providing for public
  review, comment, and appropriate revision of the Plan, the Administrator
  shall approve and implement the Plan if it meets the requirements of
  this Act, and other Federal environmental statutes administered by the
  Administrator.
  (f) PLAN REVIEW- The Plan approved by the Administrator pursuant to
  subsection (e) shall be reviewed, updated, and implemented under the
  conditions specified in subsection (e) on the date which is three years
  after the date of initial approval, and every five years thereafter.
SEC. 10. GRANT PROGRAM.
  (a) IN GENERAL- The Administrator shall, in consultation with the Director,
  upon approval of an application submitted by a Gulf State or a group of
  States, make a grant to such State or group of States for the purpose of
  furthering the development and implementation of the Plan described in
  section 9 of this Act.
  (b) PURPOSES- Each State that receives a grant under this section may
  provide financial assistance to State, local, interstate, or regional
  water pollution control entities; State coastal zone management agencies,
  interstate agencies, international organizations, public or nonprofit
  private agencies, research organizations, institutions, and organizations
  for the purpose of assisting the State or group of States in the assessment,
  research, surveys, studies, modeling, monitoring, technical assistance,
  citizen involvement, education, remediation, or other support work necessary
  for the development and implementation of the Plan described in section
  9 of this Act.
  (c) APPLICATION REQUIREMENTS- As part of an application for a grant under
  this section, the State or group of States shall include, but not be
  limited to, the following information:
  (1) A statement of the activities that the State or group of States intends
  to carry out within a specified period of time to develop and implement
  the Plan.
  (2) An estimate of the cost of the activities described in paragraph (1).
  (3) An agreement that the State or group of States will provide, from
  non-Federal sources, an amount equal to at least 40 percent of the total
  amount of the grant. In-kind payments shall qualify for the purpose of
  meeting the total non-Federal matching requirements.
  (d) APPROVAL- Upon receipt of an application under this section, the
  Administrator shall review the application. If the Administrator determines
  that the application is consistent with the Federal Water Pollution Control
  Act (33 U.S.C. 1251 et seq.), with the policies of the Agency, and with
  the purposes of this Act, the Administrator shall approve the application,
  and from within available funds, award a grant upon approval.
  (e) ADMINISTRATIVE COSTS- Not more than 10 percent of the amount of any
  grant under this section may be expected by a State (or group of States)
  for administrative expenses.
  (f) REPORTS- In addition to such reports as the Administrator may require
  (not more frequently than annually), and as a condition to receiving a grant
  under this section, the State or group of States must agree to submit to
  the Administrator, at the end of the first budget period after the date of
  the approval of the application, and annually thereafter for the duration
  of the period of the grant (as specified by the Administrator), a report
  that describes the progress of the State in carrying out the activities
  pursuant to this Act.
  (g) EXISTING LIABILITY- Grants made under this section may not be used
  for this purpose of relieving any person who would otherwise be liable
  under Federal or State law for damages, response costs, natural resources
  damages, restitution, equitable relief or any other relief, from liability
  for such relief.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
  (a) IN GENERAL- To carry out the purposes of this Act, there are authorized
  to be appropriated to the Environmental Protection Agency (in addition to
  any amounts otherwise appropriated to the Environmental Protection Agency
  for such purposes), an amount equal to--
  (1) $25,000,000 for fiscal year 1994;
  (2) $30,000,000 for fiscal year 1995;
  (3) $35,000,000 for fiscal year 1996;
  (4) $45,000,000 for fiscal year 1997;
  (5) $65,000,000 for fiscal year 1998; and
  (6) such sums as may be necessary for each fiscal year thereafter.
  (b) AVAILABILITY OF FUNDS- The amounts authorized to be appropriated
  pursuant to subsection (a) shall remain available until expended.
  (c) USE OF FUNDS- The amounts authorized to be appropriated pursuant to
  subsection (a) shall be used to carry out the responsibilities of the
  Agency set forth in this Act.
  (d) SPECIFIED PERCENTAGE FOR THE GRANT PROGRAM- Of the amounts authorized
  to be appropriated under subsection (a), not less than 70 percent of such
  amounts shall be available for the purposes of funding the grant program
  described in section 10 of this Act.
  (e) BUDGET- Notwithstanding any other provision of law, in any budget
  proposal submitted by the Administrator to the President for inclusion
  in the annual budget of the United States Government submitted by the
  President to the Congress, the Administrator shall request that funding
  of the Program Office be included as a separate line item.
SEC. 12. ADMINISTRATIVE PROVISIONS.
  The Administrator, in consultation with the Director, shall, by not later
  than ninety days after September 30, 1993, and every two years thereafter,
  prepare and submit a written report to Congress. Such report shall include--
  (1) a discussion of environmental problems and trends in pollutant
  concentrations with a direct or indirect effect on the Gulf of Mexico
  water quality and ecosystem uses;
  (2) an evaluation of the pollution prevention, protection, and restoration
  activities implemented under the program as of the date of the report;
  (3) a description of the activities that the Administrator intends to
  conduct during the following two years, in order to implement the Plan;
  (4) a list of amounts expended or planned to be expended for the purposes
  of carrying out this Act, according to categories established by the
  Administrator;
  (5) a description of the activities of other Federal agencies, including
  programs that impact the environmental quality of the Gulf; and
  (6) a comparison of current Gulf conditions with those that existed at
  the time of the assessment conducted pursuant to section 7 of this Act
  and with those that existed at the time of the previous biennial report.