[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 804
115th CONGRESS
  2d Session
                                H. R. 3133

                         [Report No. 115-1030]

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 29, 2017

 Mr. Johnson of Louisiana (for himself, Mr. Duncan of South Carolina, 
Mr. Higgins of Louisiana, Mr. Abraham, Mr. Graves of Louisiana, and Mr. 
   Jody B. Hice of Georgia) introduced the following bill; which was 
             referred to the Committee on Natural Resources

                           November 16, 2018

    Additional sponsors: Mr. Rouzer, Mr. Loudermilk, and Mr. Palazzo

                           November 16, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 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 2017'' or the ``SEA Act of 2017''.

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)).''.
                                                 Union Calendar No. 804

115th CONGRESS

  2d Session

                               H. R. 3133

                         [Report No. 115-1030]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 16, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed