I 
118TH CONGRESS 
1ST SESSION H. R. 6008 
To prohibit the implementation of certain documents until the Assistant 
Administrator for Fisheries of the National Marine Fisheries Service 
issues documents relating to the Rice’s whale. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2023 
Mr. GRAVES of Louisiana (for himself, Mr. EZELL, Mr. CARL, and Mr. HUNT) 
introduced the following bill 
OCTOBER 25, 2023 
Referred to the Committee on Natural Resources 
A BILL 
To prohibit the implementation of certain documents until 
the Assistant Administrator for Fisheries of the National 
Marine Fisheries Service issues documents relating to 
the Rice’s whale. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Requiring Integrity 
in Conservation Efforts Act’’ or as the ‘‘R.I.C.E.’s Whale 
Act’’. 
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SEC. 2. PROHIBITION ON IMPLEMENTATION OF CERTAIN 
DOCUMENTS UNTIL ISSUANCE OF DOCU-
MENTS RELATING TO RICE’S WHALE. 
(a) IN GENERAL.— 
(1) COMPLIANCE WITH BIOLOGICAL OPINION.— 
Notwithstanding any other provision of law, with re-
spect to current and future federally regulated oil 
and gas program activities in the Gulf of Mexico, 
compliance with the Biological Opinion shall serve to 
fully satisfy the requirements of applicable Federal 
environmental laws, including the Endangered Spe-
cies Act (16 U.S.C. 1531 et seq.) and the Marine 
Mammal Protection Act (16 U.S.C. 1371 et seq.). 
(2) STIPULATED AGREEMENT.—The Assistant 
Administrator and the Director may not implement, 
administer, or enforce the Stipulated Agreement or 
the Notice to Lessees, respectively, until the Assist-
ant Administrator issues a revised Biological Opin-
ion as a result of reinitiated consultation with the 
Director under section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536) and in accordance 
with this section. 
(b) REINITIATED CONSULTATION
ON BIOLOGICAL 
OPINION.— 
(1) IN GENERAL.—The Assistant Administrator 
and the Director may not request, commence, carry 
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out, or complete reinitiated consultation on the Bio-
logical Opinion under this section until— 
(A) the Assistant Administrator issues a 
final rule designating critical habitat for the 
Rice’s whale (Balaenoptera ricei) that is con-
sistent with— 
(i) the results of the study conducted 
pursuant to subsection (c); 
(ii) the requirements of the rule-
making process pursuant to subchapter II 
of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as 
the ‘‘Administrative Procedure Act’’); 
(iii) the requirement to conduct an 
economic impact analysis pursuant to Ex-
ecutive Order 12866 (5 U.S.C. 601 note; 
relating to regulatory planning and re-
view); 
(iv) section 307 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 
1456); 
(v) the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.); and 
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(vi) chapter 6 of title 5, United States 
Code (commonly known as the ‘‘Regulatory 
Flexibility Act’’); and 
(B) the Assistant Administrator revises 
and finalizes the proposed rule titled ‘‘Taking 
and Importing Marine Mammals; Taking Ma-
rine Mammals Incidental to Geophysical Sur-
veys in the Gulf of Mexico’’ (88 Fed. Reg. 916; 
January 5, 2023) to include a correction of the 
erroneous estimates of incidental take of marine 
mammals anticipated from the activities ana-
lyzed in the final rule titled ‘‘Taking and Im-
porting Marine Mammals; Taking Marine Mam-
mals Incidental to Geophysical Surveys Related 
to Oil and Gas Activities in the Gulf of Mexico’’ 
(86 Fed. Reg. 5322; January 19, 2021). 
(2) COOPERATION WITH STATES.—In carrying 
out this section, the Assistant Administrator and the 
Director shall cooperate with each State to resolve 
issues that threaten to impair the exploration, devel-
opment, production, transportation, servicing, or 
processing of offshore energy resources and related 
activities. 
(3) PUBLICATION
AND
REVIEW.—In carrying 
out any consultation or reinitiated consultation on 
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the Biological Opinion under this section, the Assist-
ant Administrator and the Director shall take steps 
to ensure— 
(A) that any scientific evidence considered 
and relied upon as a part of the consultation or 
reinitiation of consultation is— 
(i) made publicly available; and 
(ii) peer reviewed by the National 
Academies of Science, Engineering, and 
Medicine to ensure scientific rigor and 
independence; and 
(B) that any party directly impacted by 
the Stipulated Agreement or Notice to Lessees 
shall— 
(i) have routine and continuing oppor-
tunities to discuss and submit information 
to the action agency for consideration dur-
ing the development of any biological as-
sessment or proposed action; 
(ii) be informed by the action agency 
of the schedule for preparation of a biologi-
cal assessment or proposed action; 
(iii) receive a copy of any proposed ac-
tion and have the opportunity to review 
that document and provide comment to the 
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action agency (which shall be afforded due 
consideration during development); 
(iv) be informed by the consulting 
agencies, the Bureau of Ocean Energy 
Management, or the National Marine Fish-
eries Service, of the schedule for prepara-
tion of the biological opinion when the bio-
logical assessment is submitted to the con-
sulting agency by the action agency; 
(v) receive a copy of any draft biologi-
cal opinion and have the opportunity to re-
view that document and provide comment 
to the action agency (which shall be af-
forded due consideration during develop-
ment); 
(vi) have the opportunity to confer 
with the action agency regarding reason-
able and prudent alternatives prior to the 
action agency identifying 1 or more reason-
able and prudent alternatives for consider-
ation by the consulting agency; and 
(vii) where the action agency proposes 
a proposed action or a consulting agency 
suggests a reasonable and prudent alter-
native, be informed of— 
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(I) how each component of such 
proposed action or alternative will 
contribute to avoiding jeopardy or ad-
verse modification of critical habitat 
and the scientific data or information 
that supports each component of the 
proposed action or alternative; and 
(II) why other proposed alter-
native actions that would have fewer 
impairments to the supply of offshore 
energy and economic impacts are in-
adequate to avoid jeopardy or adverse 
modification of critical habitat. 
(4) MEETINGS.— 
(A) IN GENERAL.—During any consulta-
tion or reinitiated consultation on the Biological 
Opinion carried out under this section, the As-
sistant Administrator and the Director shall, on 
a quarterly basis, hold stakeholder meetings to 
provide updates on the development of a new or 
revised biological assessment or biological opin-
ion. 
(B) 
PARTICIPANTS.—Each 
stakeholder 
meeting held under subparagraph (A) shall— 
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(i) be open to stakeholders identified 
by the Assistant Administrator and the Di-
rector; and 
(ii) include stakeholders that— 
(I) represent a broad range of in-
terests, including environmental, rec-
reational and commercial fishing, con-
ventional and renewable energy, ports, 
and other regional interests; and 
(II) are not State or local agen-
cies. 
(5) CLARIFICATION.—The Assistant Adminis-
trator and the Director may not use stakeholder 
meetings held under paragraph (3) to fulfill the re-
quirements of paragraph (2). 
(c) RICE’S WHALE STUDY.—The Assistant Adminis-
trator shall enter into an agreement with the National 
Academies of Science, Engineering, and Medicine to con-
duct a study to determine the occurrence and range of 
the Rice’s whale (Balaenoptera ricei) in the Central, East-
ern, and Western Gulf of Mexico Planning Areas. 
(d) LEASING ACTIVITIES.—The Secretary of the In-
terior may not rely on the Stipulated Agreement or the 
Notice to Lessees in carrying out offshore oil and gas leas-
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ing activities under the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.). 
(e) DEFINITIONS.—In this section: 
(1) ASSISTANT
ADMINISTRATOR.—The term 
‘‘Assistant Administrator’’ means the Assistant Ad-
ministrator for Fisheries of the National Marine 
Fisheries Service. 
(2) BIOLOGICAL OPINION.—The term ‘‘Biologi-
cal Opinion’’ means the document titled ‘‘Biological 
Opinion on the Federally Regulated Oil and Gas 
Program Activities in the Gulf of Mexico’’ (OPR– 
2017–00002; March 13, 2020). 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Bureau of Ocean Energy Man-
agement. 
(4) NOTICE TO LESSEES.—The term ‘‘Notice to 
Lessees’’ means the document titled ‘‘Notice to Les-
sees and Operators of Federal Oil and Gas, and Sul-
phur Leases in the Gulf of Mexico Outer Continental 
Shelf; Expanded Rice’s Whale Protection Efforts 
During Reinitiated Consultation with NMFS’’ 
(BOEM NTL No. 2023–G01; August 17, 2023), or 
a substantially similar document. 
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(5) STATE.—The term ‘‘State’’ means each of 
the States of Alabama, Louisiana, Mississippi, and 
Texas. 
(6) 
STIPULATED
AGREEMENT.—The 
term 
‘‘Stipulated Agreement’’ means the document titled 
‘‘Stipulated Agreement to Stay Proceedings’’ (July 
21, 2023; Docket No. 8:20–cv–03060–DLB) and en-
tered into by the Sierra Club, Center for Biological 
Diversity, Friends of the Earth, and Turtle Island 
Restoration Network and the National Marine Fish-
eries Service and the Assistant Administrator. 
Æ 
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