IB 
Union Calendar No. 605 
118TH CONGRESS 
2D SESSION 
H. R. 6008 
[Report No. 118–716] 
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 
OCTOBER 25, 2024 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on October 20, 2023] 
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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. 
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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’’. 
SEC. 2. PROHIBITION ON IMPLEMENTATION OF CERTAIN 
ACTIONS UNTIL ISSUANCE OF DOCUMENTS 
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, compli-
ance with the Biological Opinion shall serve to fully 
satisfy the requirements of applicable Federal envi-
ronmental laws, including the Endangered Species 
Act (16 U.S.C. 1531 et seq.) and the Marine Mammal 
Protection Act (16 U.S.C.1371 et seq.). 
(2) BOEM ACTIONS.—The Assistant Adminis-
trator and the Director may not implement, admin-
ister, or enforce the BOEM Actions until the Assistant 
Administrator issues a revised Biological Opinion as 
a result of reinitiated consultation with the Director 
under section 7 of the Endangered Species Act of 
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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 
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 rulemaking 
process pursuant to subchapter II of chapter 
5, and chapter 7, of title 5, United States 
Code (commonly known as the ‘‘Adminis-
trative Procedure Act’’); 
(iii) the requirement to conduct an eco-
nomic impact analysis pursuant to Execu-
tive Order 12866 (5 U.S.C. 601 note; relat-
ing to regulatory planning and review); 
(iv) section 307 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456); 
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(v) the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.); and 
(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 Marine 
Mammals Incidental to Geophysical Surveys 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 analyzed in the 
final rule titled ‘‘Taking and Importing Marine 
Mammals; Taking Marine Mammals 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 ac-
tivities. 
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(3) PUBLICATION AND REVIEW.—In carrying out 
any consultation or reinitiated consultation on the 
Biological Opinion under this section, the Assistant 
Administrator and the Director shall take steps to en-
sure— 
(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 inde-
pendence; and 
(B) that any party directly impacted by the 
BOEM Actions 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 assess-
ment 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 
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that document and provide comment to the 
action agency (which shall be afforded due 
consideration during development); 
(iv) be informed by the consulting 
agencies, the Bureau of Ocean Energy Man-
agement, or the National Marine Fisheries 
Service, of the schedule for preparation of 
the biological opinion when the biological 
assessment is submitted to the consulting 
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 afforded 
due consideration during development); 
(vi) have the opportunity to confer 
with the action agency regarding reasonable 
and prudent alternatives prior to the action 
agency identifying 1 or more reasonable 
and prudent alternatives for consideration 
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 con-
tribute to avoiding jeopardy or adverse 
modification of critical habitat and the 
scientific data or information that 
supports each component of the pro-
posed 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 inad-
equate to avoid jeopardy or adverse 
modification of critical habitat. 
(4) MEETINGS.— 
(A) IN GENERAL.—During any consultation 
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 meet-
ing held under subparagraph (A) shall— 
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(i) be open to stakeholders identified by 
the Assistant Administrator and the Direc-
tor; 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 meet-
ings held under paragraph (3) to fulfill the require-
ments 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, Eastern, 
and Western Gulf of Mexico Planning Areas. 
(d) LEASING ACTIVITIES.—The Secretary of the Inte-
rior may not rely on or implement the BOEM Actions in 
carrying out offshore oil and gas leasing activities under 
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the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.). 
(e) DEFINITIONS.—In this section: 
(1) ASSISTANT ADMINISTRATOR.—The term ‘‘As-
sistant Administrator’’ means the Assistant Adminis-
trator for Fisheries of the National Marine Fisheries 
Service. 
(2) BIOLOGICAL OPINION.—The term ‘‘Biological 
Opinion’’ means the document titled ‘‘Biological 
Opinion on the Federally Regulated Oil and Gas Pro-
gram Activities in the Gulf of Mexico’’ (OPR–2017– 
00002; March 13, 2020). 
(3) BOEM ACTIONS.—The term ‘‘BOEM Ac-
tions’’ means— 
(A) the exclusion from leasing in the Gulf 
of Mexico Outer Continental Shelf Oil and Gas 
Lease Sale 261 of acreage between the 100 meter 
and 400 meter isobaths across the northern Gulf 
of Mexico, as identified in the document titled 
‘‘Gulf of Mexico Outer Continental Shelf Oil and 
Gas Lease Sale 261’’ (88 Fed. Reg. 58300; pub-
lished August 25, 2023); 
(B) the imposition in the Gulf of Mexico 
Outer Continental Shelf Oil and Gas Lease Sale 
261 of lease stipulations that limit vessel oper-
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ation pursuant to section IV(4) of such docu-
ment; and 
(C) the Notice to Lessees. 
(4) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Bureau of Ocean Energy Management. 
(5) NOTICE TO LESSEES.—The term ‘‘Notice to 
Lessees’’ means the document titled ‘‘Notice to Lessees 
and Operators of Federal Oil and Gas, and Sulphur 
Leases in the Gulf of Mexico Outer Continental Shelf; 
Expanded Rice’s Whale Protection Efforts During Re-
initiated Consultation with NMFS’’ (BOEM NTL No. 
2023–G01; August 17, 2023), or a substantially simi-
lar document. 
(6) STATE.—The term ‘‘State’’ means each of the 
States of Alabama, Louisiana, Mississippi, and 
Texas. 
Amend the title so as to read: ‘‘A bill to prohibit the 
implementation of certain actions until the Assistant Ad-
ministrator for Fisheries of the National Marine Fish-
eries Service issues documents relating to the Rice’s 
whale.’’. 
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Union Calendar No. 605 
118TH CONGRESS 
2D SESSION 
H. R. 6008 
[Report No. 118–716] 
A BILL 
To prohibit the implementation of certain docu-
ments until the Assistant Administrator for Fish-
eries of the National Marine Fisheries Service 
issues documents relating to the Rice’s whale. 
OCTOBER 25, 2024 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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