Sec. 3. Offshore geological and geophysical survey licensing
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Notwithstanding any other provision of law, the National Marine Fisheries Service and the National Oceanic and Atmospheric Administration shall maintain incidental take regulations under the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ) governing the issuance of Letters of Authorization for Outer Continental Shelf geophysical and geological surveys. These regulations shall not expire, nor require renewal every 5 years, but be maintained and updated as necessary through the requirements of subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedure Act ).
The regulations governing Outer Continental Shelf geophysical and geological surveys referenced in this subsection (section 217 of title 50, Code of Federal Regulations), issued by the National Marine Fisheries Service effective on May 24, 2024, shall not expire on April 19, 2026. The Secretary of the Interior shall authorize geological and geophysical surveys related to oil and gas activities on the Gulf of Mexico Outer Continental Shelf within 30 days of receipt of a completed application and shall, as applicable to survey type, comply with the mitigation and monitoring measures in subsections (a), (b), (c), (d), (f), and
(g)of section 217.184 of title 50, Code of Federal Regulations (as in effect on January 1, 2022), and section 217.185 of title 50, Code of Federal Regulations (as in effect on January 1, 2022). In issuing permits for these surveys, the Secretary shall not require an applicant to obtain a letter of authorization. Any permit authorizing a geological or geophysical survey shall be extended for a period of no more than 12 months within 30 days of receipt of a written request from the permittee. Geological and geophysical surveys authorized pursuant to this subsection are deemed to be in full compliance with the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ) and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and implementing regulations. In this subsection: The term agency document means, with respect to a geophysical or geoseismic survey project, a record of decision, categorical exclusion, environmental document, or programmatic environmental document. The terms categorical exclusion , environmental document , and programmatic environmental document have the meanings given such terms, respectively, in section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e ). A court shall not enjoin an offshore oil and gas geophysical or geoseismic survey project if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits. While considering any request for an injunction that applies to any agency action as part of an offshore oil and gas geophysical or geoseismic survey project, the court reviewing the agency action shall only consider deficiencies by an agency pursuant to law. The court may remand the geophysical or geoseismic survey project to the applicable agency with instruction to correct (including specific directions) the errors or deficiencies within 30 days. An activity under the geophysical or geoseismic survey project may be carried out so long as such activity does not affect the errors or deficiencies described in this paragraph. Unless the court finds that the applicable agency entirely failed to publish a required environmental assessment or environmental impact statement, on remand— the court shall not require such agency to prepare a new environmental assessment or environmental impact statement; and such agency may use another format, including a memorandum or errata sheet, to document any new analysis required. Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a geophysical or geoseismic survey project shall be barred unless— with respect to an agency document noticed in the Federal Register, such claim is filed not later than 120 days after the date of publication of a notice in the Federal Register of agency intent to carry out the geophysical or geoseismic survey project, unless a shorter period is specified in such Federal law; in the case of an agency document not described in paragraph (3), such claim is filed not later than 120 days after the date that is the earlier of— the date on which such agency document is published; and the date on which such agency document is noticed; and in the case of an authorization or action for which there was a public comment period, such claim— is filed by a party that— participated in the administrative proceedings regarding such geophysical or geoseismic survey project; and submitted a comment during such public comment period and such comment was sufficiently detailed to put the applicable agency on notice of the issue upon which the party seeks judicial review; and is related to such comment. A district court shall have no more than 30 days from the date a petition is filed to issue a decision under this section. An appeals court shall have no more than 30 days to issue a decision on an appeal of a district court’s ruling under this section. The Secretary concerned shall publish online public reports monthly detailing the number of permit applications received, the average processing time of such applications, and instances of noncompliance beginning 1 calendar year after the date of the enactment of this Act.
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