[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3424 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3424
To amend the Marine Mammal Protection Act of 1972 to reduce unnecessary
permitting delays by clarifying associated procedures to increase
economic development and support coastal restoration programs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2019
Mr. Johnson of Louisiana (for himself, Mr. Higgins of Louisiana, Mr.
Palazzo, Mr. Hice of Georgia, Mr. Abraham, and Mr. Rouzer) introduced
the following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To amend the Marine Mammal Protection Act of 1972 to reduce unnecessary
permitting delays by clarifying associated procedures to increase
economic development and support coastal restoration programs, 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. SHORT TITLE.
This Act may be cited as the ``Streamlining Environmental Approvals
Act of 2019'' or the ``SEA Act of 2019''.
SEC. 2. ADDRESSING PERMITS FOR TAKING OF MARINE MAMMALS.
Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371(a)(5)(D)) is amended as follows:
(1) In clause (i)--
(A) by striking ``citizens of the United States''
and inserting ``persons'';
(B) by striking ``within a specific geographic
region'';
(C) by striking ``of small numbers'';
(D) by striking ``such citizens'' and inserting
``such persons''; and
(E) by striking ``within that region''.
(2) In clause (ii)--
(A) in subclause (I), by striking ``, and other
means of effecting the least practicable impact on such
species or stock and its habitat'';
(B) in subclause (III), by striking ``requirements
pertaining to the monitoring and reporting of such
taking by harassment, including'' and inserting
``efficient and practical requirements pertaining to
the monitoring of such taking by harassment while the
activity is being conducted and the reporting of such
taking, including, as the Secretary determines
necessary,''; and
(C) by adding at the end the following:
``Any condition imposed pursuant to subclause (I), (II), or (III) may
not result in more than a minor change to the specified activity and
may not alter the basic design, location, scope, duration, or timing of
the specified activity.''.
(3) In clause (iii), by striking ``receiving an application
under this subparagraph'' and inserting ``an application is
accepted or required to be considered complete under subclause
(I)(aa), (II)(aa), or (IV) of clause (viii), as applicable,''.
(4) In clause (vi), by striking ``a determination of `least
practicable adverse impact on such species or stock' under
clause (i)(I)'' and inserting ``conditions imposed under
subclause (I), (II), or (III) of clause (ii)''.
(5) By adding at the end the following:
``(viii)(I) The Secretary shall--
``(aa) accept as complete a written request for
authorization under this subparagraph for incidental taking
described in clause (i), by not later than 45 days after the
date of submission of the request; or
``(bb) provide to the requester, by not later than 15 days
after the date of submission of the request, a written notice
describing any additional information required to complete the
request.
``(II) If the Secretary provides notice under subclause (I)(bb),
the Secretary shall, by not later than 30 days after the date of
submission of the additional information described in the notice--
``(aa) accept the written request for authorization under
this subparagraph for incidental taking described in clause
(i); or
``(bb) deny the request and provide the requester a written
explanation of the reasons for the denial.
``(III) The Secretary may not make a second request for
information, request that the requester withdraw and resubmit the
request, or otherwise delay a decision on the request.
``(IV) If the Secretary fails to respond to a request for
authorization under this subparagraph in the manner provided in
subclause (I) or (II), the request shall be considered to be complete.
``(ix)(I) At least 90 days before the expiration of any
authorization issued under this subparagraph, the holder of such
authorization may apply for a one-year extension of such authorization.
The Secretary shall grant such extension within 14 days after the date
of such request on the same terms and without further review if there
has been no substantial change in the activity carried out under such
authorization nor in the status of the marine mammal species or stock,
as applicable, as reported in the final annual stock assessment reports
for such species or stock.
``(II) In subclause (I) the term `substantial change' means a
change that prevents the Secretary from making the required findings to
issue an authorization under clause (i) with respect to such species or
stock.
``(III) The Secretary shall notify the applicant of such
substantial changes with specificity and in writing within 14 days
after the applicant's submittal of the extension request.
``(x) If the Secretary fails to make the required findings and, as
appropriate, issue the authorization within 120 days after the
application is accepted or required to be considered complete under
subclause (I)(aa), (II)(aa), or (III) of clause (viii), as applicable,
the authorization is deemed to have been issued on the terms stated in
the application and without further process or restrictions under this
Act.''.
SEC. 3. REMOVING DUPLICATIONS.
Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371(a)(5)(D)), as amended by section 2 of this Act, is
further amended by adding at the end the following:
``(xi) Any taking of a marine mammal in compliance with an
authorization under this subparagraph is exempt from the prohibition on
taking in section 9 of the Endangered Species Act of 1973 (16 U.S.C.
1538). Any Federal agency authorizing, funding, or carrying out an
action that results in such taking, and any agency action authorizing
such taking, is exempt from the requirement to consult regarding
potential impacts to marine mammal species or designated critical
habitat under section 7(a)(2) of such Act (16 U.S.C. 1536(a)(2)).''.
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