Coordination of permit reviews for demonstration projects
Title II — Commercial-scale demonstration projects
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(a) In general (1) Lead agency The Administration shall serve as the lead Federal agency for purposes of providing information on Federal permitting requirements for demonstration projects under section 202. (2) Coordination The Administrator shall coordinate with the Secretary of the Interior, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, the Chief of the Army Corps of Engineers, the Commissioner of the Food and Drug Administration, and the head of the department in which the Coast Guard is operating, and any other agency the Administrator considers appropriate to simplify the Federal permitting process for demonstration projects under section 202. (b) Relation to current law Nothing in this section shall be construed in derogation of law in effect on the date of enactment of this Act that is applicable to offshore aquaculture operations, and the unified permitting and review process established under this section shall not affect the timelines or standards established under other laws. (c) Unified permitting and review process Not later than 1 year after the date of enactment of this Act, the Secretaries of Commerce, Interior, Agriculture, Health and Human Services, and the department in which the Coast Guard is operating, the Administrator of the Environmental Protection Agency, and the Chief of Engineers shall, through the Secretary of Commerce, initiate, subject to the requirements of subsection (a), a rulemaking for all permits administered by such agency heads relating to demonstration projects under section 202 for a unified process, public notice, and public comment for— (1) initial issuance of permits; (2) renewal of permits; and (3) transfer of permits. (d) Informal consultations The Administrator shall convene representatives of the Department of Agriculture, the Environmental Protection Agency, the Army Corps of Engineers, the Department in which the U.S. Coast Guard is operating, and any other agency the Administrator deems appropriate to provide prospective applicants for permits for demonstration projects under section 202 an opportunity for informal consultation with such agencies. Nothing in this subsection shall preclude an applicant or a prospective applicant from contacting Federal agencies directly. (e) Environmental analysis To the extent allowable under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), any environmental analysis or environmental impact statement required under that Act for offshore aquaculture activities proposed to be carried out under a demonstration project under section 202 shall be conducted through a single, consolidated environmental review and the Administration, through the Office of Aquaculture established by section 101, shall serve as the lead Federal agency. (f) Coordination of permit reviews To the extent practicable under this Act and all other applicable laws, including regulations, Federal agencies with permitting requirements applicable to offshore aquaculture activities proposed to be carried out under a demonstration project under section 202 shall coordinate their review processes in order to provide a timely response to an applicant not later than 240 days after the submission of the application. (g) Magnuson-Stevens fishery conservation and management act The conduct of offshore aquaculture shall be considered a commercial fishing operation for purposes of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362).