I 
116TH CONGRESS 
1ST SESSION H. R. 3424 
To amend the Marine Mammal Protection Act of 1972 to reduce unnecessary 
permitting delays by clarifying associated procedures to increase economic 
development and support coastal restoration programs, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2019 
Mr. JOHNSON of Louisiana (for himself, Mr. HIGGINS of Louisiana, Mr. 
PALAZZO, Mr. HICE of Georgia, Mr. ABRAHAM, and Mr. ROUZER) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
A BILL 
To amend the Marine Mammal Protection Act of 1972 to 
reduce unnecessary permitting delays by clarifying asso-
ciated procedures to increase economic development and 
support coastal restoration programs, and for other pur-
poses. 
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 ‘‘Streamlining Environ-
mental Approvals Act of 2019’’ or the ‘‘SEA Act of 
2019’’. 
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SEC. 2. ADDRESSING PERMITS FOR TAKING OF MARINE 
MAMMALS. 
Section 101(a)(5)(D) of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1371(a)(5)(D)) is amended 
as follows: 
(1) In clause (i)— 
(A) by striking ‘‘citizens of the United 
States’’ and inserting ‘‘persons’’; 
(B) by striking ‘‘within a specific geo-
graphic region’’; 
(C) by striking ‘‘of small numbers’’; 
(D) by striking ‘‘such citizens’’ and insert-
ing ‘‘such persons’’; and 
(E) by striking ‘‘within that region’’. 
(2) In clause (ii)— 
(A) in subclause (I), by striking ‘‘, and 
other means of effecting the least practicable 
impact on such species or stock and its habi-
tat’’; 
(B) in subclause (III), by striking ‘‘re-
quirements pertaining to the monitoring and re-
porting of such taking by harassment, includ-
ing’’ and inserting ‘‘efficient and practical re-
quirements pertaining to the monitoring of such 
taking by harassment while the activity is being 
conducted and the reporting of such taking, in-
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cluding, as the Secretary determines nec-
essary,’’; and 
(C) by adding at the end the following: 
‘‘Any condition imposed pursuant to subclause (I), (II), 
or (III) may not result in more than a minor change to 
the specified activity and may not alter the basic design, 
location, scope, duration, or timing of the specified activ-
ity.’’. 
(3) In clause (iii), by striking ‘‘receiving an ap-
plication under this subparagraph’’ and inserting 
‘‘an application is accepted or required to be consid-
ered complete under subclause (I)(aa), (II)(aa), or 
(IV) of clause (viii), as applicable,’’. 
(4) In clause (vi), by striking ‘‘a determination 
of ‘least practicable adverse impact on such species 
or stock’ under clause (i)(I)’’ and inserting ‘‘condi-
tions imposed under subclause (I), (II), or (III) of 
clause (ii)’’. 
(5) By adding at the end the following: 
‘‘(viii)(I) The Secretary shall— 
‘‘(aa) accept as complete a written request for 
authorization under this subparagraph for incidental 
taking described in clause (i), by not later than 45 
days after the date of submission of the request; or 
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‘‘(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 informa-
tion 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 de-
scribed in the notice— 
‘‘(aa) accept the written request for authoriza-
tion under this subparagraph for incidental taking 
described in clause (i); or 
‘‘(bb) deny the request and provide the re-
quester 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 con-
sidered 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 
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of such authorization. The Secretary shall grant such ex-
tension 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 exten-
sion request. 
‘‘(x) If the Secretary fails to make the required find-
ings 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.’’. 
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SEC. 3. REMOVING DUPLICATIONS. 
Section 101(a)(5)(D) of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1371(a)(5)(D)), as amended 
by section 2 of this Act, is further amended by adding 
at the end the following: 
‘‘(xi) Any taking of a marine mammal in compliance 
with an authorization under this subparagraph is exempt 
from the prohibition on taking in section 9 of the Endan-
gered 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 author-
izing such taking, is exempt from the requirement to con-
sult regarding potential impacts to marine mammal spe-
cies or designated critical habitat under section 7(a)(2) 
of such Act (16 U.S.C. 1536(a)(2)).’’. 
Æ 
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