Continuity of permits for offshore energy development

(a)

Federal permits for oil and gas leasing

Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following:

(q)

Continuity of federal permits

If a previously issued permit under this Act is required for offshore oil and gas production and has expired, the Secretary shall, to the extent of his or her authority, ensure that all terms, conditions, and requirements of the expired permit remain in effect for any permittee previously covered under the permit, as well as any similarly situated new or prospective permittee, until a new permit is finalized and issued. In determining the equivalence of, or applicability to, new or prospective permittees, the Secretary shall consider consistency with applicable federal laws, federal regulations, and the protection of human life and the environment.(1)In carrying out subsection (q), the Secretary is authorized and directed to coordinate with any other Federal agency having jurisdiction over an expiring or expired permit to ensure that the terms, conditions, and requirements of such permit remain in effect, consistent with applicable laws and regulations.(A)To facilitate the coordination required under paragraph (1), the Secretary may establish joint agency working groups composed of representatives from relevant Federal agencies. These working groups shall be responsible for ensuring interagency collaboration, streamlining permit continuity processes, and maintaining compliance with applicable environmental and regulatory requirements.(B)Establishment of joint agency working groups pursuant to this subsection shall be notified to Congress and the President no later than 15 days following establishment of the working group’s creation. Notification shall include:(i)The names and titles of the Federal officials serving on the working group;(ii)The scope, objectives, and intended outcomes of the working group; and(iii)An estimated duration of the working group’s activities, expressed in days.

(b)

Federal permits for oil and gas production

Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by inserting before the period at the end the following:

(6)If the Administrator is in the process of issuing a new permit under this subsection that covers multiple permittees with similar operations and types of discharges, and the new permit is reasonably similar to an expired permit covering such permittees, the Administrator shall continue to apply the same terms, conditions, and requirements as the expired permit to both existing and prospective permittees, until the new permit is issued.

(c)

Continuity of federal biological opinions

For purposes of the Bureau of Ocean Energy Management’s National Outer Continental Shelf Oil and Gas Leasing Program, compliance with the Biological Opinion on Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico, issued by the National Marine Fisheries Service on March 13, 2020, and amended on April 24, 2021, shall be deemed compliance with all applicable requirements of the Endangered Species Act (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), until the Secretary of the Interior or Secretary of Commerce approves a new biological opinion under their respective authorities pursuant to those Acts or any other applicable federal law, superseding the existing opinion and establishing new compliance obligations.