Submerged Lands Act 



This act is designed to promote the exploration and development of petro- 

 leum deposits by settling disputes between state and Federal governments over 

 rights to ownership of submerged lands. Its importance is in terms of manag- 

 ing, leasing, and developing offshore energy. It serves as the basis for 

 ownership disputes over state and Federal jurisdiction of the submerged lands 

 of the continental shelf seaward from state boundaries. In the Gulf of Mex- 

 ico, Florida and Texas state boundaries extend seaward approximately 9 mi; 

 other state boundaries extend seaward only 3 mi. The Secretary of the Inter- 

 ior designated the Bureau of Land Management (BLM) as the administrative 

 agency for leasing submerged Federal lands; the U.S. Fish and Wildlife Service 

 (FWS) helps design environmental studies and acts in an advisory capacity 

 through much of the leasing process. 



STATE OF FLORIDA 



The State of Florida, since the late 1960's, has been very active in pro- 

 mulgating and enforcing environmental legislation. This section will identify 

 the major laws and briefly discuss the most significant environmental pro- 

 grams. A matrix of major environmental legislation and affected state agen- 

 cies and activities related to permitting in the coastal zone is given in 

 Figure 31, Part 2, Data Appendix. The most significant environmental laws 

 enacted in Florida are reidentified and listed in this matrix, as are the 

 major Federal and state agencies, in addition to a listing of the state legis- 

 lative mandates used to manage activities and uses of water and land within 

 the coastal zone. The most useful laws for environmentalists are given in the 

 following sections. 



Pollution-spill Protection and Control, Florida Statutes, 

 Chapter 376- Section 376.021 



This statute addresses the transfer of pollutants between vessels and/or 

 between terminal facilities. The potential discharge into the environment of 

 products being transferred poses a threat to the environment. These pollu- 

 tants include many grades of oil, pesticides, ammonia, chlorine, and their 

 derivatives. The statute requires a registration certificate for the opera- 

 tion of terminal facilities and gives authority to inspect the facilities to 

 determine if they comply with regulations. 



This statute establishes the mechanism to help in clean-up and rehabili- 

 tation of the environment after a pollutant has been discharged. The Florida 

 Coastal Protection Trust Fund states that any owner or operator causing the 

 pollution shall be liable for all clean-ups and abatement costs. An excise 

 tax of 2 cents per barrel of the pollutants (mostly oil) has been assessed by 

 the State of Florida to clean-up chemical spills. 



Energy Resources Part II, Regulation of Oil and Gas, Florida Statute 377 

 Section 377.242 . This legislation states that no drilling permit shall be 

 granted within one mile inland from the coastline unless sufficient environ- 

 mental protection provisions have been taken to protect the state's estuaries, 

 beaches, and shorelines. Issuance or renewal of the permit requires a valid 

 deed, or lease, granting the rights to oil and gas exploration, and satisfac- 

 tory evidence that the applicants will clean-up any for which they are respon- 



269 



