study with three years of data had been completed. You might recall that discussion. Mr. YATES. Now that has been submitted. Mr. BETTENBERG. That has been completed. Mr. YATES. Completed and submitted to the states for consideration? Mr. BETTENBERG. Yes. Mr. YATES. Suppose the State finds that there's something objectionable in that? Mr. BETTENBERG. I would be surprised if they did. Mr. YATES. Well, yes, but you've been surprised before. Mr. BETTENBERG. I have been surprised before. Mr. YATES. What if the States were to find something objectionable? Mr. BETTENBERG. We would have to find out what it is that they find objectionable. Mr. YATES. Yes. Mr. BETTENBERG. It might be appropriate if I put a copy of the agreement with the State of Florida into the record so that you would have a copy. Mr. YATES. I think that would be good. [The information follows:] Since your visit to the Florida Keys in January, your staff and mine have had extensive discussions regarding oil and gas leasing offshore Florida. These discussions have been extremely fruitful, and the results will prove to be of enormous benefit to Florida and the entire nation. It is my understanding that you are now prepared to exclude certain areas from the five-year Outer Continental Shelf Oil and Gas Leasing Program which you approved in July, 1987. These are areas in which Florida has opposed offshore oil and gas leasing. Further, you have indicated willingness to provide additional protection for certain other areas of concern to Florida through a special lease sale stipulation. If you are willing to approve these changes, Florida will move to dismiss the petition it filed in challenging the five-year program (Martinez et al. v. Department of Interior, no. 87-1435 D.C. Circuit) with prejudice. Once the petition is dismissed, you will formally implement the terms of this agreement by excluding certain areas and protecting the other areas as described below. Moreover, your acceptance of this agreement would also demonstrate that the federal-state consultation process set forth in the Outer Continental Shelf Lands Act can be made to work. I share with you the goals of domestic resource development and national energy security. Florida has in the past not objected to oil and gas activities when we were satisfied that sensitive marine and coastal resources and the economies they support would not be adversely affected. Honorable Donald Paul Hodel March 24, 1988 However, the priceless resources of the Florida Keys and Apalachicola Bay and the economies they support merit extraordinary treatment. It is my view that only the exclusion of the areas around the Keys from the five-year program will sufficiently reduce the risk to these resources. The resources of Apalachicola Bay must also be protected. Ne concur with the following measures, as depicted on the "Draft Settlement Map," to protect these important resources and economies: Exclude from the five-year program the remaining portion of the Straits of Florida Planning Area (Map area 4). to Exclude from the five-year program all of the area adjacent Exclude from the five-year program the balance of the Dry Exclude from the five-year program areas generally seaward Protect the areas identified below which have high model trajectories of potential oil spills described below and provide continuing the natural gas prone nature of the area as the Eastern Gulf proceeds. Such stipulation will include determining the need for specific Honorable Donald Paul Hodel March 24, 1988 to siting of containment and cleanup equipment in Apalachicola ensure protection of the sensitive and economically important resources of this area. The blocks involved follow: - Area 3 B on the referenced map, consisting of 46 whole and partial blocks, to remain deleted from Sale 116, but to remain available for Sale 137, pursuant to the above terms. Area 7 on the referenced map, consisting of 64 blocks, to remain available for Sales 116 and 137, but subject to a one-year delay in approving exploration plans after Sale 116 by which time the containment/clean-up plan will have been completed. In the event your continued gathering of information about this area reveals the presence of oil or that the coast is not fully protected from gas well drilling, Florida reserves its legal rights to challenge exploration or production in this area during any stage of the approval process. This agreement culminates a long and arduous process for us both, and I believe the result is a product in which we can take great pride. Working together, we will assure continued protection of some of the world's most precious natural resources. All Floridians join me in thanking you for your willingness to resolve this matter in a way that safeguards the natural wonders that make Florida the special place it is. I look forward to your confirming your acceptance of these conditions by your signature in the space provided on the duplicate signed copy of this letter and returning it to me. |