118 S2986 IS: Warding off Hostile Administrative Leasing Efforts Act U.S. Senate 2023-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2986IN THE SENATE OF THE UNITED STATESSeptember 28 (legislative day, September 22), 2023Mr. Cassidy (for himself, Ms. Lummis, Mrs. Hyde-Smith, Mrs. Britt, Mr. Wicker, Mr. Tuberville, and Mr. Barrasso) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo prohibit the issuance of an interim or final rule, and to prohibit the inclusion in certain oil and gas leases, exploration or development plans, or well permits requirements or recommendations, that establish a vessel speed or operational restriction in the Central or Western Planning Area of the Gulf of Mexico of the outer Continental Shelf until the Secretary of the Interior and the Secretary of Commerce complete a study demonstrating that proposed mitigation efforts would have no negative impact on supply chains, United States offshore energy production and generation, military activities, including readiness, and United States commercial and recreational fishing maritime commerce, and for other purposes.

1.

Short title

This Act may be cited as the Warding off Hostile Administrative Leasing Efforts Act or the WHALE Act.

2.

Vessel speed or operational restrictions in the Gulf of Mexico

(a)

In general

The Secretary of Commerce shall not issue an interim or final rule, and the Secretary of the Interior shall not include in an offshore oil and gas lease sale, exploration or development plan, or well permit in the Central or Western Planning Area of the Gulf of Mexico of the outer Continental Shelf a requirement or recommendation, that establishes a vessel speed or vessel operational restriction for any length of time in such a Planning Area until the Secretary of Commerce and Secretary of the Interior—(1)complete a study—(A)assessing the impact of any mitigation protocols developed under subsection (b) on—(i)the core habitat for Rice's whales in the Eastern Planning Area of the Gulf of Mexico; and(ii)seasonal occupation and usage patterns outside such core habitat; and(B)demonstrating that mitigation protocols developed under subsection (b) would have no negative impact on supply chains, United States offshore energy production and generation, military activities, including readiness, and United States commercial and recreational fishing or maritime commerce; and(2)not later than 60 days after completing the study described in paragraph (1), submit a report containing the findings of such study to—(A)the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate; and (B)the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives.(b)

Mitigation protocols required

(1)

In general

The Secretary of Commerce, in concurrence with the Secretary of the Interior and in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Defense, the Secretary of Transportation, and affected stakeholders, shall develop mitigation protocols that make use of any monitoring system designed under section 11303 of the Don Young Coast Guard Authorization Act of 2022 (16 U.S.C. 1391) to direct sector-specific mitigation measures that reduce the risk of serious injury and mortality to Rice’s whales in the Eastern Planning Area of the Gulf of Mexico.(2)

Prohibitions

The mitigation protocols developed under paragraph (1) may not include—(A)any prohibitions on transit at night; or (B)implementation of a vessel speed or vessel operational restriction.(c)

National security

The Secretary of Commerce shall, in coordination with the Secretary of Defense, provide in any interim or final rule described in subsection (a) an exception for national security activities.(d)

Definition of core habitat

For purposes of this section, the term core habitat, with respect to Rice's whales, has the meaning given the term Bryde’s whale area in the Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico published by the Department of Commerce on March 13, 2020.