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[House Report 115-1030]
[From the U.S. Government Publishing Office]

115th Congress      }                                 {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session         }                                 {      115-1030

======================================================================

 
            STREAMLINING ENVIRONMENTAL APPROVALS ACT OF 2017

                                _______
                                

 November 16, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3133]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3133) 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, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3133 is 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.

                  Background and Need for Legislation

    The Marine Mammal Protection Act of 1972 (MMPA, 16 U.S.C. 
1361 et seq.) established a moratorium on the ``taking'' of 
marine mammals in U.S. waters, as well as on importing marine 
mammals and marine mammal products.\1\ Congress passed the MMPA 
based on the finding that certain marine species and stocks 
were in danger of extinction as a result of human behavior and 
that these species and stocks must not fall below an ``optimum 
sustainable population'' level.\2\ The MMPA gives the Secretary 
of Commerce through the National Oceanic and Atmospheric 
Administration's (NOAA) National Marine Fisheries Service 
(NMFS) and the Secretary of the Interior through the Fish and 
Wildlife Service (FWS) authority for the conservation and 
management of marine mammal species.\3\
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    \1\Marine Mammal Protection Act, Public Law 92-522, 86 Stat. 1027 
(1972).
    \2\Id. at 2.
    \3\Eugene H. Buck, CONG. RESEARCH SERV., RL30120, THE MARINE MAMMAL 
PROTECTION ACT: REAUTHORIZATION ISSUES 4(2007), available at http://
www.crs.gov/.
---------------------------------------------------------------------------
    Both the MMPA and the Endangered Species Act of 1973 (ESA, 
16 U.S.C. 1531 et seq.) employ the concept of ``take'' to refer 
to prohibited activities.\4\ The MMPA defines ``take'' as ``to 
harass, hunt, capture, or kill, or attempt to harass, hunt, 
capture, or kill any marine mammal.''\5\ The Code of Federal 
Regulations further details the ``taking'' of a marine mammal 
to include ``the collection of dead animals . . . ; the 
restraint . . . of a marine mammal, no matter how temporary; 
the negligent or intentional operation of an aircraft or 
vessel, or the doing of any other negligent or intentional act 
which results in disturbing or molesting a marine mammal; [or] 
the feeding or attempting to feed a marine mammal in the 
wild.''\6\
---------------------------------------------------------------------------
    \4\See Nat'l Marine Fisheries Serv., U.S. Dep't of Commerce, 
Protected Resource Glossary, available at http://www.nmfs.noaa.gov/pr/
glossary.htm.
    \5\16 U.S.C. 1362(13).
    \6\50 C.F.R. 216.3 (2016).
---------------------------------------------------------------------------
    Some scientists have suggested that the definition of 
``take'' under the MMPA warrants re-evaluation. Critics believe 
that the definition, in its current form, may be ``overly broad 
and encompassing, as well as unenforceable in many 
situations.''\7\
---------------------------------------------------------------------------
    \7\Buck, supra note 3, at 36.
---------------------------------------------------------------------------
    The 1994 reauthorization of the MMPA re-defined the term 
``harassment'' under the MMPA to include two levels of 
harassment--level A and level B.\8\ In general, ``level A'' 
refers to harassment with the potential to injure a marine 
mammal while ``level B'' includes harassment with the potential 
to disturb a marine mammal.\9\
---------------------------------------------------------------------------
    \8\16 U.S.C. 1362(18); Buck, supra note 3, at 36.
    \9\16 U.S.C. 1362(18)(C)-(D).
---------------------------------------------------------------------------
    However, some federal agencies have found it difficult in 
the past to enforce ``level B'' harassment, which leaves the 
public with much uncertainty as to what may constitute 
harassment.\10\ For instance, under this definition, it is 
unclear whether any recreational, commercial, or scientific 
activity simply noticed by a marine mammal qualifies as 
harassment under the MMPA.\11\
---------------------------------------------------------------------------
    \10\U.S. COMM'N ON OCEAN POLICY, AN OCEAN BLUEPRINT FOR THE 21ST 
CENTURY: FINAL REPORT 312 (2004), available at http://
www.jointoceancommission.org//media/JOCI/PDFs/USCOP_report.pdf.
    \11\Id. at 11.
---------------------------------------------------------------------------
    The MMPA does allow for the authorization of the taking of 
marine mammals incidental to activities if such action is 
expected to have only a negligible impact on the species. There 
are two types of authorizations that can be issued--a letter of 
authorization (LOA) and an incidental harassment authorization 
(IHA).\12\ A LOA is typically used for activities that may 
result in harassment for multiple years or that may result in 
serious injury or mortality of marine mammals and are valid for 
up to five years.\13\ An IHA is typically used for activities 
that may result in harassment only and are valid for one 
year.\14\ These authorizations are often issued for activities 
that produce underwater disturbances or sounds, such as coastal 
and habitat restoration, construction, military sonar 
exercises, and geophysical surveys for research and offshore 
energy exploration.\15\
---------------------------------------------------------------------------
    \12\50 C.F.R. 216.101-216.108 (2016); Nat'l Marine Fisheries Serv., 
U.S. Dep't of Commerce, Incidental Take Authorizations under the MMPA, 
http://www.nmfs.noaa.gov/pr/permits/incidental/.
    \13\Id. at 13.
    \14\Id.
    \15\Id.
---------------------------------------------------------------------------
    While the MMPA provides an opportunity for people and 
organizations to undertake activities that may cause harassment 
to marine mammals, the process to obtain an incidental take 
authorization is known to be very burdensome and time 
consuming.\16\ To avoid stalled applications, the law includes 
statutory deadlines for federal agencies processing IHA 
applications. However, industry members have testified before 
the Committee on Natural Resources that excessive periods of 
review continue, citing delays in excess of hundreds of 
days.\17\
---------------------------------------------------------------------------
    \16\Examining Deficiencies in Transparency at the Department of the 
Interior: Hearing Before the Subcomm. on Energy and Mineral Resources 
of the H. Comm. on Natural Res., 114th Cong. (2016) (statement of Peter 
Seidel, International Association of Geophysical Contractors), 
available at https://naturalresources.house.gov/uploadedfiles/
seidel_testimony.pdf.
    \17\Examining the Impacts of Federal Natural Resources Laws Gone 
Astray, Part II: Hearing before the Subcomm. On Oversight and 
Investigations of the H. Comm. on Natural Res., 115th Cong. (2017) 
(statement of Nikki Martin, International Association of Geophysical 
Contractors), available at https://naturalresources.house.gov/
uploadedfiles/testimony_martin _7.18.17.pdf.
---------------------------------------------------------------------------
    In recent years, such bureaucratic delays have been 
inherent in the IHA permitting process. This led directly to 
poorly-informed decisions regarding offshore natural resource 
management.\18\ In addition to a geological and geophysical 
permit from the Bureau of Ocean Energy Management (BOEM), 
applicants for oil and gas exploration activities on the U.S. 
outer Continental Shelf must also secure an IHA, which is 
reviewed and permitted by NMFS or the FWS.
---------------------------------------------------------------------------
    \18\Examining the Impacts of Federal Natural Resources Laws Gone 
Astray, Part II: Hearing before the Subcomm. On Oversight and 
Investigations of the H. Comm. on Natural Res., 115th Cong. (2017) 
(statement of Nikki Martin, International Association of Geophysical 
Contractors), available at https://naturalresources.house.gov/
uploadedfiles/testimony_martin_7.18.17.pdf.
---------------------------------------------------------------------------
    Acoustic geological and geophysical testing uses 
mechanically generated sound waves to transit energy to the 
subsurface of the seafloor. The returning sound waves are 
captured by hydrophones, which record data of subsea geology 
and potential hydrocarbon reserves. These surveys are also 
conducted for research purposes, such as identifying earthquake 
fault zones. Due to the possibility that the sound generated by 
seismic testing may disturb marine mammals, an ITA is required 
for permitting in the outer Continental Shelf Atlantic and 
Alaskan waters.\19\ To date, there are no confirmed instances 
of harm or death to marine mammals, fish, or other marine life 
from these permitted activities.\20\
---------------------------------------------------------------------------
    \19\Gov't Accountability Office, GAO-18-60, Offshore Seismic 
Surveys: Additional Guidance Needed to Help Ensure Timely Reviews 
(2017), p.12.
    \20\IAGC, Debunking Offshore Oil & Gas Exploration Myths: Seismic 
Surveys. Available at: http://www.iagc.org/uploads/4/5/0/7/45074397/
iagc_debunking_offshore_oil_exploration_-_short_
final_final_11.14.17.pdf.
---------------------------------------------------------------------------
    A recently published GAO Report found that NMFS and FWS 
failed in the most basic tasks, such as accurately recording 
application dates and timelines. IHA applications sat in these 
agencies, sometimes for years.\21\ Because oil and gas resource 
estimates are an integral part of effective natural resource 
management, it is necessary to maintain a careful and accurate 
accounting of our nation's resources. Federal agencies and 
companies rely directly on seismic information when making the 
policy and business decisions.
---------------------------------------------------------------------------
    \21\Gov't Accountability Office, GAO-18-60, Offshore Seismic 
Surveys: Additional Guidance Needed to Help Ensure Timely Reviews 
(2017), p.32.
---------------------------------------------------------------------------
    In addition, ESA-listed species recovery efforts have also 
been hampered or delayed by the current IHA process. During a 
2013 Water, Power and Oceans Subcommittee hearing on marine 
mammal predation of ESA-listed salmon species in the Pacific 
Northwest, Mr. Norman, then-Regional Director of the Washington 
Department of Fish and Wildlife testified that, ``[T]he 
conditions associated with the current requirements of Section 
120 of the Marine Mammal Protection Act (MMPA) are challenging 
and expensive to implement, limited in scope, and legal 
challenges have slowed the progress in reducing impacts to 
salmon.''\22\
---------------------------------------------------------------------------
    \22\Legislative Hearing on H.R. 1308, Before the Subcomm. on Water 
and Power of the H. Comm. on Natural Res 113th Cong. (2013) (statement 
of Guy Norman, Regional Director of Washington Department of Fish and 
Wildlife), available at: https://naturalresources.house.gov/
uploadedfiles/normantestimony06-13-13.pdf.
---------------------------------------------------------------------------
    Furthermore, a 2016 Federal Court of Appeals case revoked 
the U.S. Navy's authorization to use sonar for critical 
national security training due to conflicts with take 
requirements under the MMPA.\23\
---------------------------------------------------------------------------
    \23\Conservation Council for Hawaii, et al., v. National Marine 
Fisheries Service, et al. U.S. District Court for the District of 
Hawaii, filed March 31, 2015, available at: https://www.scribd.com/
document/260644325/&fxsp0;2015-3-31-Amended-
Order?irgwc=1&content=10079&
campaignSkimbit%2C%20Ltd.&ad_group=38395X155&fxsp0;9467X17235c8f19&fxsp0
;f8459160a5f80515dcb&fxsp0;78e
&keyword=ft750noi&source=impactradius&medium=affiliate.
---------------------------------------------------------------------------
    H.R. 3133, the Streamlining Environmental Approvals Act of 
2017 (the SEA Act of 2017), directly addresses these delays by 
making targeted, common-sense updates to the MMPA to increase 
regulatory efficiency and remove duplicative permitting 
requirements under federal law. These reforms support coastal 
habitat and species restoration, U.S. national security, and 
American energy independence. The provisions in H.R. 3133 also 
achieve the goals set forth by the Administration to increase 
efficiency and effectiveness of federal regulations, and 
particularly in simplifying compliance with multiple 
overlapping and often contradictory statutory mandates.\24\
---------------------------------------------------------------------------
    \24\Legislative Hearing on H.R. 200, Before the Subcomm on Water, 
Power and Oceans of the H. Comm. on Natural Res 115th Cong. (2017) 
(statement of Chris Oliver, Assistant Administrator for the National 
Marine Fisheries Service, Dept. of Commerce), available at: https://
naturalresources.house.gov/uploadedfiles/testimony_oliver.pdf.
---------------------------------------------------------------------------
    The text of H.R. 3133 was included in H.R. 4239, the SECURE 
American Energy Act, ordered favorably reported by the 
Committee on Natural Resources on November 8, 2017.

                            Committee Action

    H.R. 3133 was introduced on June 29, 2017, by Congressman 
Mike Johnson (R-LA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Powers and Oceans. On January 10, 2018, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. Congresswoman Nanette Diaz 
Barragan (D-CA) offered an amendment designated 002; it was not 
adopted by a roll call vote of 17 ayes to 20 noes, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Donald S. Beyer, Jr. (D-VA) offered an 
amendment designated 003; it was not adopted by a roll call 
vote of 17 ayes to 19 noes, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congresswoman Madeleine Z. Bordallo (D-GU) offered an 
amendment designated 004; it was not adopted by voice vote. No 
additional amendments were offered and the bill was ordered 
favorably reported to the House of Representatives by voice 
vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation and the Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 8, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3133, SEA Act of 
2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 3133--SEA Act of 2017

    H.R. 3133 would amend the Marine Mammal Protection Act of 
1972 to expand the number of entities that may apply for 
permits to conduct research or build structures in offshore 
areas that could incidentally affect marine mammals. The bill 
would create timelines for the approval or rejection of such 
permit applications and would clarify that permits issued under 
the Marine Mammal Protection Act would satisfy similar 
permitting requirements under the Endangered Species Act of 
1973.
    Using information from the National Oceanic and Atmospheric 
Administration, CBO estimates that the costs associated with 
reviewing permit applications under the bill would not be 
significant.
    Enacting H.R. 3133 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 3133 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 3133 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                  MARINE MAMMAL PROTECTION ACT OF 1972

           *       *       *       *       *       *       *
         TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

                       Moratorium and Exceptions

  Sec. 101. (a) There shall be a moratorium on the taking and 
importation of marine mammals and marine mammal products, 
commencing on the effective date of this Act, during which time 
no permit may be issued for the taking of any marine mammal and 
no marine mammal or marine mammal product may be imported into 
the United States except in the following cases:
          (1) Consistent with the provisions of section 104, 
        permits may be issued by the Secretary for taking, and 
        importation for purposes of scientific research, public 
        display, photography for educational or commercial 
        purposes, or enhancing the survival or recovery of a 
        species or stock, or for importation of polar bear 
        parts (other than internal organs) taken in sport hunts 
        in Canada. Such permits, except permits issued under 
        section 104(c)(5), may be issued if the taking or 
        importation proposed to be made is first reviewed by 
        the Marine Mammal Commission and the Committee of 
        Scientific Advisors on Marine Mammals established under 
        title II. The Commission and Committee shall recommend 
        any proposed taking or importation, other than 
        importation under section 104(c)(5), which is 
        consistent with the purposes and policies of section 2 
        of this Act. If the Secretary issues such a permit for 
        importation, the Secretary shall issue to the importer 
        concerned a certificate to that effect in such form as 
        the Secretary of the Treasury prescribes, and such 
        importation may be made upon presentation of the 
        certificate to the customs officer concerned.
          (2) Marine mammals may be taken incidentally in the 
        course of commercial fishing operations and permits may 
        be issued therefor under section 104 subject to 
        regulations prescribed by the Secretary in accordance 
        with section 103, or in lieu of such permits, 
        authorizations may be granted therefor under section 
        118, subject to regulations prescribed under that 
        section by the Secretary without regard to section 103. 
        Such authorizations may be granted under title III with 
        respect to purse seine fishing for yellowfin tuna in 
        the eastern tropical Pacific Ocean, subject to 
        regulations prescribed under that title by the 
        Secretary without regard to section 103. In any event 
        it shall be the immediate goal that the incidental kill 
        or incidental serious injury of marine mammals 
        permitted in the course of commercial fishing 
        operations be reduced to insignificant levels 
        approaching a zero mortality and serious injury rate. 
        The Secretary of the Treasury shall ban the importation 
        of commercial fish or products from fish which have 
        been caught with commercial fishing technology which 
        results in the incidental kill or incidental serious 
        injury of ocean mammals in excess of United States 
        standards. For purposes of applying the preceding 
        sentence, the Secretary--
                  (A) shall insist on reasonable proof from the 
                government of any nation from which fish or 
                fish products will be exported to the United 
                States of the effects on ocean mammals of the 
                commercial fishing technology in use for such 
                fish or fish products exported from such nation 
                to the United States;
                  (B) in the case of yellowfin tuna harvested 
                with purse seine nets in the eastern tropical 
                Pacific Ocean, and products therefrom, to be 
                exported to the United States, shall require 
                that the government of the exporting nation 
                provide documentary evidence that--
                          (i)(I) the tuna or products therefrom 
                        were not banned from importation under 
                        this paragraph before the effective 
                        date of section 4 of the International 
                        Dolphin Conservation Program Act; or
                          (II) the tuna or products therefrom 
                        were 
                        harvested after the effective date of 
                        section 4 of the International Dolphin 
                        Conservation Program Act by vessels of 
                        a nation which participates in the 
                        International Dolphin Conservation 
                        Program, and such harvesting nation is 
                        either a member of the Inter-American 
                        Tropical Tuna Commission or has 
                        initiated (and within 6 months 
                        thereafter completed) all steps 
                        required of applicant nations, in 
                        accordance with article V, paragraph 3 
                        of the Convention establishing the 
                        Inter-American Tropical Tuna 
                        Commission, to become a member of that 
                        organization;
                          (ii) such nation is meeting the 
                        obligations of the International 
                        Dolphin Conservation Program and the 
                        obligations of membership in the Inter-
                        American Tropical Tuna Commission, 
                        including all financial obligations; 
                        and
                          (iii) the total dolphin mortality 
                        limits, and per-stock per-year dolphin 
                        mortality limits permitted for that 
                        nation's vessels under the 
                        International Dolphin Conservation 
                        Program do not exceed the limits 
                        determined for 1997, or for any year 
                        thereafter, consistent with the 
                        objective of progressively reducing 
                        dolphin mortality to a level 
                        approaching zero through the setting of 
                        annual limits and the goal of 
                        eliminating dolphin mortality, and 
                        requirements of the International 
                        Dolphin Conservation Program;
                  (C) shall not accept such documentary 
                evidence if--
                          (i) the government of the harvesting 
                        nation does not provide directly or 
                        authorize the Inter-American Tropical 
                        Tuna Commission to release complete and 
                        accurate information to the Secretary 
                        in a timely manner--
                                  (I) to allow determination of 
                                compliance with the 
                                International Dolphin 
                                Conservation Program; and
                                  (II) for the purposes of 
                                tracking and verifying 
                                compliance with the minimum 
                                requirements established by the 
                                Secretary in regulations 
                                promulgated under subsection 
                                (f) of the Dolphin Protection 
                                Consumer Information Act (16 
                                U.S.C. 1385(f)); or
                          (ii) after taking into consideration 
                        such information, findings of the 
                        Inter-American Tropical Tuna 
                        Commission, and any other relevant 
                        information, including information that 
                        a nation is consistently failing to 
                        take enforcement actions on violations 
                        which diminish the effectiveness of the 
                        International Dolphin Conservation 
                        Program, the Secretary, in consultation 
                        with the Secretary of State, finds that 
                        the harvesting nation is not in 
                        compliance with the International 
                        Dolphin Conservation Program.
                  (D) shall require the government of any 
                intermediary nation to certify and provide 
                reasonable proof to the Secretary that it has 
                not imported, within the preceding six months, 
                any yellowfin tuna or yellowfin tuna products 
                that are subject to a direct ban on importation 
                to the United States under subparagraph (B);
                  (E) shall, six months after importation of 
                yellowfin tuna or tuna products has been banned 
                under this section, certify such fact to the 
                President, which certification shall be deemed 
                to be a certification for the purposes of 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)) for as long as such 
                ban is in effect; and
                  (F)(i) except as provided in clause (ii), in 
                the case of fish or products containing fish 
                harvested by a nation whose fishing vessels 
                engage in high seas driftnet fishing, shall 
                require that the government of the exporting 
                nation provide documentary evidence that the 
                fish or fish product was not harvested with a 
                large-scale driftnet in the South Pacific Ocean 
                after July 1, 1991, or in any other water of 
                the high seas after January 1, 1993, and
                  (ii) in the case of tuna or a product 
                containing tuna harvested by a nation whose 
                fishing vessels engage in high seas driftnet 
                fishing, shall require that the government of 
                the exporting nation provide documentary 
                evidence that the tuna or tuna product was not 
                harvested with a large-scale driftnet anywhere 
                on the high seas after July 1, 1991.
        For purposes of subparagraph (F), the term ``driftnet'' 
        has the meaning given such term in section 4003 of the 
        Driftnet Impact Monitoring, Assessment, and Control Act 
        of 1987 (16 U.S.C. 1822 note), except that, until 
        January 1, 1994, the term ``driftnet'' does not include 
        the use in the northeast Atlantic Ocean of gillnets 
        with a total length not to exceed five kilometers if 
        the use is in accordance with regulations adopted by 
        the European Community pursuant to the October 28, 
        1991, decision by the Council of Fisheries Ministers of 
        the Community.
          (3)(A) The Secretary, on the basis of the best 
        scientific evidence available and in consultation with 
        the Marine Mammal Commission, is authorized and 
        directed, from time to time, having due regard to the 
        distribution, abundance, breeding habits, and times and 
        lines of migratory movements of such marine mammals, to 
        determine when, to what extent, if at all, and by what 
        means, it is compatible with this Act to waive the 
        requirements of this section so as to allow taking, or 
        importing of any marine mammal, or any marine mammal 
        product, and to adopt suitable regulations, issue 
        permits, and make determinations in accordance with 
        sections 102, 103, 104, and 111 of this title 
        permitting and governing such taking and importing, in 
        accordance with such determinations: Provided, however, 
        That the Secretary, in making such determinations, must 
        be assured that the taking of such marine mammal is in 
        accord with sound principles of resource protection and 
        conservation as provided in the purposes and policies 
        of this Act: Provided further, however, That no marine 
        mammal or no marine mammal product may be imported into 
        the United States unless the Secretary certifies that 
        the program for taking marine mammals in the country of 
        origin is consistent with the provisions and policies 
        of this Act. Products of nations not so certified may 
        not be imported into the United States for any purpose, 
        including processing for exportation.
          (B) Except for scientific research purposes, 
        photography for educational or commercial purposes, or 
        enhancing the survival or recovery of a species or 
        stock as provided for in paragraph (1) of this 
        subsection, or as provided for under paragraph (5) of 
        this subsection, during the moratorium no permit may be 
        issued for the taking of any marine mammal which has 
        been designated by the Secretary as depleted, and no 
        importation may be made of any such mammal.
          (4)(A) Except as provided in subparagraphs (B) and 
        (C), the provisions of this Act shall not apply to the 
        use of measures--
                  (i) by the owner of fishing gear or catch, or 
                an employee or agent of such owner, to deter a 
                marine mammal from damaging the gear or catch;
                  (ii) by the owner of other private property, 
                or an agent, bailee, or employee of such owner, 
                to deter a marine mammal from damaging private 
                property;
                  (iii) by any person, to deter a marine mammal 
                from endangering personal safety; or
                  (iv) by a government employee, to deter a 
                marine mammal from damaging public property,
        so long as such measures do not result in the death or 
        serious injury of a marine mammal.
          (B) The Secretary shall, through consultation with 
        appropriate experts, and after notice and opportunity 
        for public comment, publish in the Federal Register a 
        list of guidelines for use in safely deterring marine 
        mammals. In the case of marine mammals listed as 
        endangered species or threatened species under the 
        Endangered Species Act of 1973, the Secretary shall 
        recommend specific measures which may be used to 
        nonlethally deter marine mammals. Actions to deter 
        marine mammals consistent with such guidelines or 
        specific measures shall not be a violation of this Act.
          (C) If the Secretary determines, using the best 
        scientific information available, that certain forms of 
        deterrence have a significant adverse effect on marine 
        mammals, the Secretary may prohibit such deterrent 
        methods, after notice and opportunity for public 
        comment, through regulation under this Act.
          (D) The authority to deter marine mammals pursuant to 
        subparagraph (A) applies to all marine mammals, 
        including all stocks designated as depleted under this 
        Act.
          (5)(A)(i) Upon request therefor by citizens of the 
        United States who engage in a specified activity (other 
        than commercial fishing) within a specified 
        geographical region, the Secretary shall allow, during 
        periods of not more than five consecutive years each, 
        the incidental, but not intentional, taking by citizens 
        while engaging in that activity within that region of 
        small numbers of marine mammals of a species or 
        population stock if the Secretary, after notice (in the 
        Federal Register and in newspapers of general 
        circulation, and through appropriate electronic media, 
        in the coastal areas that may be affected by such 
        activity) and opportunity for public comment--
                  (I) finds that the total of such taking 
                during each five-year (or less) period 
                concerned will have a negligible impact on such 
                species or stock and will not have an 
                unmitigable adverse impact on the availability 
                of such species or stock for taking for 
                subsistence uses pursuant to subsection (b) or 
                section 109(f) or, in the case of a cooperative 
                agreement under both this Act and the Whaling 
                Convention Act of 1949, pursuant to section 
                112(c); and
                  (II) prescribes regulations setting forth
                          (aa) permissible methods of taking 
                        pursuant to such activity, and other 
                        means of effecting the least 
                        practicable adverse impact on such 
                        species or stock and its habitat, 
                        paying particular attention to 
                        rookeries, mating grounds, and areas of 
                        similar significance, and on the 
                        availability of such species or stock 
                        for subsistence uses; and
                          (bb) requirements pertaining to the 
                        monitoring and reporting of such 
                        taking.
          (ii) For a military readiness activity (as defined in 
        section 315(f) of Public Law 107-314; 16 U.S.C. 703 
        note), a determination of ``least practicable adverse 
        impact on such species or stock'' under clause 
        (i)(II)(aa) shall include consideration of personnel 
        safety, practicality of implementation, and impact on 
        the effectiveness of the military readiness activity. 
        Before making the required determination, the Secretary 
        shall consult with the Department of Defense regarding 
        personnel safety, practicality of implementation, and 
        impact on the effectiveness of the military readiness 
        activity.
          (iii) Notwithstanding clause (i), for any 
        authorization affecting a military readiness activity 
        (as defined in section 315(f) of Public Law 107-314; 16 
        U.S.C. 703 note), the Secretary shall publish the 
        notice required by such clause only in the Federal 
        Register.
          (B) The Secretary shall withdraw, or suspend for a 
        time certain (either on an individual or class basis, 
        as appropriate) the permission to take marine mammals 
        under subparagraph (A) pursuant to a specified activity 
        within a specified geographical region if the Secretary 
        finds, after notice and opportunity for public comment 
        (as required under subparagraph (A) unless subparagraph 
        (C)(i) applies), that--
                  (i) the regulations prescribed under 
                subparagraph (A) regarding methods of taking, 
                monitoring, or reporting are not being 
                substantially complied with by a person 
                engaging in such activity; or
                  (ii) the taking allowed under subparagraph 
                (A) pursuant to one or more activities within 
                one or more regions is having, or may have, 
                more than a negligible impact on the species or 
                stock concerned.
          (C)(i) The requirement for notice and opportunity for 
        public comment in subparagraph (B) shall not apply in 
        the case of a suspension of permission to take if the 
        Secretary determines that an emergency exists which 
        poses a significant risk to the well-being of the 
        species or stock concerned.
          (ii) Sections 103 and 104 shall not apply to the 
        taking of marine mammals under the authority of this 
        paragraph.
          (D)(i) Upon request therefor by [citizens of the 
        United States] persons who engage in a specified 
        activity (other than commercial fishing) [within a 
        specific geographic region], the Secretary shall 
        authorize, for periods of not more than 1 year, subject 
        to such conditions as the Secretary may specify, the 
        incidental, but not intentional, taking by harassment 
        [of small numbers] of marine mammals of a species or 
        population stock by [such citizens] such persons while 
        engaging in that activity [within that region] if the 
        Secretary finds that such harassment during each period 
        concerned--
                  (I) will have a negligible impact on such 
                species or stock, and
                  (II) will not have an unmitigable adverse 
                impact on the availability of such species or 
                stock for taking for subsistence uses pursuant 
                to subsection (b), or section 109(f) or 
                pursuant to a cooperative agreement under 
                section 119.
          (ii) The authorization for such activity shall 
        prescribe, where applicable--
                  (I) permissible methods of taking by 
                harassment pursuant to such activity[, and 
                other means of effecting the least practicable 
                impact on such species or stock and its 
                habitat], paying particular attention to 
                rookeries, mating grounds, and areas of similar 
                significance, and on the availability of such 
                species or stock for taking for subsistence 
                uses pursuant to subsection (b) or section 
                109(f) or pursuant to a cooperative agreement 
                under section 119,
                  (II) the measures that the Secretary 
                determines are necessary to ensure no 
                unmitigable adverse impact on the availability 
                of the species or stock for taking for 
                subsistence uses pursuant to subsection (b) or 
                section 109(f) or pursuant to a cooperative 
                agreement under section 119, and
                  (III) [requirements pertaining to the 
                monitoring and reporting of such taking by 
                harassment, including] 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, requirements for the independent 
                peer review of proposed monitoring plans or 
                other research proposals where the proposed 
                activity may affect the availability of a 
                species or stock for taking for subsistence 
                uses pursuant to subsection (b) or section 
                109(f) or pursuant to a cooperative agreement 
                under section 119.
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.
          (iii) The Secretary shall publish a proposed 
        authorization not later than 45 days after [receiving 
        an application under this subparagraph] an application 
        is accepted or required to be considered complete under 
        subclause (I)(aa), (II)(aa), or (IV) of clause (viii), 
        as applicable, and request public comment through 
        notice in the Federal Register, newspapers of general 
        circulation, and appropriate electronic media and to 
        all locally affected communities for a period of 30 
        days after publication. Not later than 45 days after 
        the close of the public comment period, if the 
        Secretary makes the findings set forth in clause (i), 
        the Secretary shall issue an authorization with 
        appropriate conditions to meet the requirements of 
        clause (ii).
          (iv) The Secretary shall modify, suspend, or revoke 
        an authorization if the Secretary finds that the 
        provisions of clauses (i) or (ii) are not being met.
          (v) A person conducting an activity for which an 
        authorization has been granted under this subparagraph 
        shall not be subject to the penalties of this Act for 
        taking by harassment that occurs in compliance with 
        such authorization.
          (vi) For a military readiness activity (as defined in 
        section 315(f) of Public Law 107-314; 16 U.S.C. 703 
        note),[a determination of ``least practicable adverse 
        impact on such species or stock'' under clause (i)(I)] 
        conditions imposed under subclause (I), (II), or (III) 
        of clause (ii)  shall include consideration of 
        personnel safety, practicality of implementation, and 
        impact on the effectiveness of the military readiness 
        activity. Before making the required determination, the 
        Secretary shall consult with the Department of Defense 
        regarding personnel safety, practicality of 
        implementation, and impact on the effectiveness of the 
        military readiness activity.
          (vii) Notwithstanding clause (iii), for any 
        authorization affecting a military readiness activity 
        (as defined in section 315(f) of Public Law 107-314; 16 
        U.S.C. 703 note), the Secretary shall publish the 
        notice required by such clause only in the Federal 
        Register.
  (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.
  (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)).
          (E)(i) During any period of up to 3 consecutive 
        years, the Secretary shall allow the incidental, but 
        not the intentional, taking by persons using vessels of 
        the United States or vessels which have valid fishing 
        permits issued by the Secretary in accordance with 
        section 204(b) of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1824(b)), while engaging in 
        commercial fishing operations, of marine mammals from a 
        species or stock designated as depleted because of its 
        listing as an endangered species or threatened species 
        under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) if the Secretary, after notice and 
        opportunity for public comment, determines that--
                  (I) the incidental mortality and serious 
                injury from commercial fisheries will have a 
                negligible impact on such species or stock;
                  (II) a recovery plan has been developed or is 
                being developed for such species or stock 
                pursuant to the Endangered Species Act of 1973; 
                and
                  (III) where required under section 118, a 
                monitoring program is established under 
                subsection (d) of such section, vessels engaged 
                in such fisheries are registered in accordance 
                with such section, and a take reduction plan 
                has been developed or is being developed for 
                such species or stock.
          (ii) Upon a determination by the Secretary that the 
        requirements of clause (i) have been met, the Secretary 
        shall publish in the Federal Register a list of those 
        fisheries for which such determination was made, and, 
        for vessels required to register under section 118, 
        shall issue an appropriate permit for each 
        authorization granted under such section to vessels to 
        which this paragraph applies. Vessels engaged in a 
        fishery included in the notice published by the 
        Secretary under this clause which are not required to 
        register under section 118 shall not be subject to the 
        penalties of this Act for the incidental taking of 
        marine mammals to which this paragraph applies, so long 
        as the owner or master of such vessel reports any 
        incidental mortality or injury of such marine mammals 
        to the Secretary in accordance with section 118.
          (iii) If, during the course of the commercial fishing 
        season, the Secretary determines that the level of 
        incidental mortality or serious injury from commercial 
        fisheries for which a determination was made under 
        clause (i) has resulted or is likely to result in an 
        impact that is more than negligible on the endangered 
        or threatened species or stock, the Secretary shall use 
        the emergency authority granted under section 118 to 
        protect such species or stock, and may modify any 
        permit granted under this paragraph as necessary.
          (iv) The Secretary may suspend for a time certain or 
        revoke a permit granted under this subparagraph only if 
        the Secretary determines that the conditions or 
        limitations set forth in such permit are not being 
        complied with. The Secretary may amend or modify, after 
        notice and opportunity for public comment, the list of 
        fisheries published under clause (ii) whenever the 
        Secretary determines there has been a significant 
        change in the information or conditions used to 
        determine such list.
          (v) Sections 103 and 104 shall not apply to the 
        taking of marine mammals under the authority of this 
        subparagraph.
          (vi) This subparagraph shall not govern the 
        incidental taking of California sea otters and shall 
        not be deemed to amend or repeal the Act of November 7, 
        1986 (Public Law 99-625; 100 Stat. 3500).
          (F) Notwithstanding the provisions of this 
        subsection, any authorization affecting a military 
        readiness activity (as defined in section 315(f) of 
        Public Law 107-314; 16 U.S.C. 703 note) shall not be 
        subject to the following requirements:
                  (i) In subparagraph (A), ``within a specified 
                geographical region'' and ``within that region 
                of small numbers''.
                  (ii) In subparagraph (B), ``within a 
                specified geographical region'' and ``within 
                one or more regions''.
                  (iii) In subparagraph (D), ``within a 
                specific geographic region'', ``of small 
                numbers'', and ``within that region''.
          (6)(A) A marine mammal product may be imported into 
        the United States if the product--
                  (i) was legally possessed and exported by any 
                citizen of the United States in conjunction 
                with travel outside the United States, provided 
                that the product is imported into the United 
                States by the same person upon the termination 
                of travel;
                  (ii) was acquired outside of the United 
                States as part of a cultural exchange by an 
                Indian, Aleut, or Eskimo residing in Alaska; or
                  (iii) is owned by a Native inhabitant of 
                Russia, Canada, or Greenland and is imported 
                for noncommercial purposes in conjunction with 
                travel within the United States or as part of a 
                cultural exchange with an Indian, Aleut, or 
                Eskimo residing in Alaska.
          (B) For the purposes of this paragraph, the term--
                  (i) ``Native inhabitant of Russia, Canada, or 
                Greenland'' means a person residing in Russia, 
                Canada, or Greenland who is related by blood, 
                is a member of the same clan or ethnological 
                grouping, or shares a common heritage with an 
                Indian, Aleut, or Eskimo residing in Alaska; 
                and
                  (ii) ``cultural exchange'' means the sharing 
                or exchange of ideas, information, gifts, 
                clothing, or handicrafts between an Indian, 
                Aleut, or Eskimo residing in Alaska and a 
                Native inhabitant of Russia, Canada, or 
                Greenland, including rendering of raw marine 
                mammal parts as part of such exchange into 
                clothing or handicrafts through carving, 
                painting, sewing, or decorating.
  (b) Except as provided in section 109, the provisions of this 
Act shall not apply with respect to the taking of any marine 
mammal by any Indian, Aleut, or Eskimo who resides in Alaska 
and who dwells on the coast of the North Pacific Ocean or the 
Arctic Ocean if such taking--
          (1) is for subsistence purposes; or
          (2) is done for purposes of creating and selling 
        authentic native articles of handicrafts and clothing: 
        Provided, That only authentic native articles of 
        handicrafts and clothing may be sold in interstate 
        commerce: And provided further, That any edible portion 
        of marine mammals may be sold in native villages and 
        towns in Alaska or for native consumption. For the 
        purposes of this subsection, the term ``authentic 
        native articles of handicrafts and clothing'' means 
        items composed wholly or in some significant respect of 
        natural materials, and which are produced, decorated, 
        or fashioned in the exercise of traditional native 
        handicrafts without the use of panto-graphs, multiple 
        carvers, or other mass copying devices. Traditional 
        native handicrafts include, but are not limited to 
        weaving, carving, stitching, sewing, lacing, beading, 
        drawing, and painting; and
          (3) in each case, is not accomplished in a wasteful 
        manner.
Notwithstanding the preceding provisions of this subsection, 
when, under this Act, the Secretary determines any species or 
stock of marine mammal subject to taking by Indians, Aleuts, or 
Eskimos to be depleted, he may prescribe regulations upon 
thetaking of such marine mammals by any Indian, Aleut, or 
Eskimo described in this subsection. Such regulations may be 
established with reference to species or stocks, geographical 
description of the area included, the season for taking, or any 
other factors related to the reason for establishing such 
regulations and consistent with the purposes of this Act. Such 
regulations shall be prescribed after notice and hearing 
required by section 103 of this title and shall be removed as 
soon as the Secretary determines that the need for their 
imposition has disappeared. In promulgating any regulation or 
making any assessment pursuant to a hearing or proceeding under 
this subsection or section 117(b)(2), or in making any 
determination of depletion under this subsection or finding 
regarding unmitigable adverse impacts under subsection (a)(5) 
that affects stocks or persons to which this subsection 
applies, the Secretary shall be responsible for demonstrating 
that such regulation, assessment, determination, or finding is 
supported by substantial evidence on the basis of the record as 
a whole. The preceding sentence shall only be applicable in an 
action brought by one or more Alaska Native organizations 
representing persons to which this subsection applies.
  (c) It shall not be a violation of this Act to take a marine 
mammal if such taking is imminently necessary in self-defense 
or to save the life of a person in immediate danger, and such 
taking is reported to the Secretary within 48 hours. The 
Secretary may seize and dispose of any carcass.
  (d) Good Samaritan Exemption.--It shall not be a violation of 
this Act to take a marine mammal if--
          (1) such taking is imminently necessary to avoid 
        serious injury, additional injury, or death to a marine 
        mammal entangled in fishing gear or debris;
          (2) reasonable care is taken to ensure the safe 
        release of the marine mammal, taking into consideration 
        the equipment, expertise, and conditions at hand;
          (3) reasonable care is exercised to prevent any 
        further injury to the marine mammal; and
          (4) such taking is reported to the Secretary within 
        48 hours.
  (e) Act Not to Apply to Incidental Takings by United States 
Citizens Employed on Foreign Vessels Outside the United States 
EEZ.--The provisions of this Act shall not apply to a citizen 
of the United States who incidentally takes any marine mammal 
during fishing operations outside the United States exclusive 
economic zone (as defined in section 3 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1802)) when 
employed on a foreign fishing vessel of a harvesting nation 
which is in compliance with the International Dolphin 
Conservation Program.
  (f) Exemption of Actions Necessary for National Defense.--(1) 
The Secretary of Defense, after conferring with the Secretary 
of Commerce, the Secretary of the Interior, or both, as 
appropriate, may exempt any action or category of actions 
undertaken by the Department of Defense or its components from 
compliance with any requirement of this Act, if the Secretary 
determines that it is necessary for national defense.
  (2) An exemption granted under this subsection--
          (A) subject to subparagraph (B), shall be effective 
        for a period specified by the Secretary of Defense; and
          (B) shall not be effective for more than 2 years.
  (3)(A) The Secretary of Defense may issue additional 
exemptions under this subsection for the same action or 
category of actions, after--
          (i) conferring with the Secretary of Commerce, the 
        Secretary of the Interior, or both as appropriate; and
          (ii) making a new determination that the additional 
        exemption is necessary for national defense.
  (B) Each additional exemption under this paragraph shall be 
effective for a period specified by the Secretary of Defense, 
of not more than 2 years.
  (4) Not later than 30 days after issuing an exemption under 
paragraph (1) or an additional exemption under paragraph (3), 
the Secretary of Defense shall submit to the Committee on Armed 
Services of the House of Representatives and the Committee on 
Armed Services of the Senate notice describing the exemption 
and the reasons therefor. The notice may be provided in 
classified form if the Secretary of Defense determines that use 
of the classified form is necessary for reasons of national 
security.

           *       *       *       *       *       *       *

                            DISSENTING VIEWS

    H.R. 3133 would weaken key elements of the Marine Mammal 
Protection Act (MMPA). We oppose this bill because it provides 
a free pass to the oil and gas industry at the risk of marine 
mammals, coastal economies, and healthy oceans.
    Congress first enacted the MMPA to protect all marine 
mammals in response to declines caused by human activities, and 
it has worked successfully for over 40 years. The MMPA ensures 
that activities that may result in incidental harm or take of 
marine mammals are thoroughly reviewed, rather than permitted 
through the expedited and inadequate process proposed by this 
bill. Activities such as seismic airgun testing used for oil 
and gas exploration, offshore drilling, sonar, and geophysical 
surveys can all affect marine mammals. While the Majority 
falsely claims that these activities have not killed any marine 
mammals, the best available science shows there can be longterm 
negative impacts on several marine mammal species.
    This bill would undermine critical protections under the 
MMPA by striking the conditions required for permitted 
activities. It would allow for unmitigated incidental harm, 
that is, without the current safeguards that would allow for 
the ``least practicable impact on such species or stock,'' 
among other things. It would further limit mitigation for any 
incidental losses and requirements for monitoring. These 
legislative changes would allow industry to continue their 
activities with oversight of their impacts only if it was 
``efficient and practical.'' Lastly, H.R. 3133 would waive 
requirements for take and consultation under the Endangered 
Species Act (ESA) for any threatened or endangered marine 
mammals. The ESA has been critical to the recovery of several 
populations of marine mammals and is needed to protect other 
species from extinction.
    Democratic amendments to the bill represented the broad 
opposition to offshore activities that would endanger marine 
mammals and coastal communities. Representatives Nanette Diaz 
Barragan (D, CA) and Donald S. Beyer (D, VA) offered amendments 
that would protect Pacific and Atlantic coastal communities, 
respectively, from the harmful impacts of this bill. 
Representative Madeleine Bordallo (D, GU) offered an amendment 
that would have excluded the Gulf of Mexico from H.R. 3133 in 
order to protect offshore and near-shore marine mammal 
populations in the Gulf of Mexico, which are still recovering 
from the severe impacts of the Deepwater Horizon oil spill. All 
three of these amendments were rejected by the majority.
    For the reasons stated above, we oppose this bill because 
it would significantly weaken the MMPA, a bedrock environmental 
law, and cause great harm to marine mammal populations.

                                   Raul M. Grijalva,
                                           Ranking Member.
                                   Madeleine Bordallo.
                                   Donald S. Beyer, Jr.
                                   Grace F. Napolitano.
                                   Jared Huffman.
                                   Nanette Diaz Barragan.

                                  [all]
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