Offshore Wind for Territories Act

IB Union Calendar No. 182 116TH CONGRESS 1ST SESSION H. R. 1014 [Report No. 116–230] To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 6, 2019 Miss GONZA´LEZ-COLO´N of Puerto Rico (for herself, Mr. SABLAN, Mrs. RADEWAGEN, Mr. SOTO, and Ms. PLASKETT) introduced the following bill; which was referred to the Committee on Natural Resources OCTOBER 11, 2019 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 2 •HR 1014 RH A BILL To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated fund- ing for coral reef conservation, and for other purposes. VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 3 •HR 1014 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Offshore Wind for Ter- 4 ritories Act’’. 5 SEC. 2. APPLICATION OF OUTER CONTINENTAL SHELF 6 LANDS ACT WITH RESPECT TO TERRITORIES 7 OF THE UNITED STATES. 8 (a) IN GENERAL.—Section 2 of the Outer Conti- 9 nental Shelf Lands Act (43 U.S.C. 1331) is amended— 10 (1) in paragraph (a)— 11 (A) by inserting after ‘‘control’’ the fol- 12 lowing: ‘‘or lying within the exclusive economic 13 zone of the United States and the outer Conti- 14 nental Shelf adjacent to any territory or posses- 15 sion of the United States’’; and 16 (B) by adding at the end before the semi- 17 colon the following: ‘‘, except that such term 18 shall not include any area conveyed by Congress 19 to a territorial government for administration’’; 20 (2) in paragraph (p), by striking ‘‘and’’ after 21 the semicolon at the end; 22 (3) in paragraph (q), by striking the period at 23 the end and inserting ‘‘; and’’; and 24 (4) by adding at the end the following: 25 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 4 •HR 1014 RH ‘‘(r) The term ‘State’ includes each territory of the 1 United States.’’. 2 (b) EXCLUSIONS.—Section 18 of the Outer Conti- 3 nental Shelf Lands Act (43 U.S.C. 1344) is amended by 4 adding at the end the following: 5 ‘‘(i) This section shall not apply to the scheduling of 6 lease sales in the outer Continental Shelf adjacent to the 7 territories and possessions of the United States.’’. 8 SEC. 3. DISPOSITION OF REVENUES WITH RESPECT TO 9 TERRITORIES OF THE UNITED STATES. 10 Section 9 of the Outer Continental Shelf Lands Act 11 (43 U.S.C. 1338) is amended— 12 (1) by striking ‘‘All rentals’’ and inserting the 13 following: 14 ‘‘(a) IN GENERAL.—Except as otherwise provided in 15 law, all rentals’’; and 16 (2) by adding at the end the following: 17 ‘‘(b) DISPOSITION OF REVENUES TO TERRITORIES 18 OF THE UNITED STATES.—Of the rentals, royalties, and 19 other sums paid to the Secretary under this Act from a 20 lease for an area of land on the outer Continental Shelf 21 adjacent to a territory and lying within the exclusive eco- 22 nomic zone of the United States pertaining to such terri- 23 tory, and not otherwise obligated or appropriated— 24 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 5 •HR 1014 RH ‘‘(1) 50 percent shall be deposited in the Treas- 1 ury and credited to miscellaneous receipts; 2 ‘‘(2) 12.5 percent shall be deposited in the 3 Coral Reef Conservation Fund established under 4 section 211 of the Coral Reef Conservation Act of 5 2000; and 6 ‘‘(3) 37.5 percent shall be disbursed to terri- 7 tories of the United States in an amount for each 8 territory (based on a formula established by the Sec- 9 retary by regulation) that is inversely proportional to 10 the respective distance between the point on the 11 coastline of the territory that is closest to the geo- 12 graphic center of the applicable leased tract and the 13 geographic center of the leased tract.’’. 14 SEC. 4. WIND LEASE SALES FOR AREAS OF OUTER CONTI- 15 NENTAL SHELF. 16 (a) CONDITIONAL WIND LEASE SALES IN TERRI- 17 TORIES OF THE UNITED STATES.—The Outer Continental 18 Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by 19 adding at the end the following: 20 ‘‘SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTI- 21 NENTAL SHELF. 22 ‘‘(a) AUTHORIZATION.—The Secretary may conduct 23 wind lease sales on the outer Continental Shelf. 24 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 6 •HR 1014 RH ‘‘(b) WIND LEASE SALE PROCEDURE.—Any wind 1 lease sale conducted under this section shall be considered 2 a lease under section 8(p). 3 ‘‘(c) WIND LEASE SALES OFF COASTS OF TERRI- 4 TORIES OF THE UNITED STATES.— 5 ‘‘(1) STUDY ON FEASIBILITY OF CONDUCTING 6 WIND LEASE SALES.— 7 ‘‘(A) IN GENERAL.—The Secretary shall 8 conduct a study on the feasibility, including the 9 technological and long-term economic feasibility, 10 of conducting wind lease sales on an area of the 11 outer Continental Shelf within the territorial ju- 12 risdiction of American Samoa, Guam, the 13 Northern Mariana Islands, Puerto Rico, and 14 the Virgin Islands of the United States. 15 ‘‘(B) CONSULTATION.—In conducting the 16 study required in paragraph (A), the Secretary 17 shall consult— 18 ‘‘(i) the National Renewable Energy 19 Laboratory of the Department of Energy; 20 and 21 ‘‘(ii) the Governor of each of Amer- 22 ican Samoa, Guam, the Northern Mariana 23 Islands, Puerto Rico, and the Virgin Is- 24 lands of the United States. 25 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 7 •HR 1014 RH ‘‘(C) PUBLICATION.—The study required 1 in paragraph (A) shall be published in the Fed- 2 eral Register for public comment for not fewer 3 than 60 days. 4 ‘‘(D) SUBMISSION OF RESULTS.—Not later 5 than 18 months after the date of the enactment 6 of this section, the Secretary shall submit the 7 results of the study conducted under subpara- 8 graph (A) to: 9 ‘‘(i) the Committee on Energy and 10 Natural Resources of the Senate; 11 ‘‘(ii) the Committee on Natural Re- 12 sources of the House of Representatives; 13 and 14 ‘‘(iii) each of the delegates or resident 15 commissioner to the House of Representa- 16 tives from American Samoa, Guam, the 17 Northern Mariana Islands, Puerto Rico, 18 and the Virgin Islands of the United 19 States, respectively. 20 ‘‘(E) PUBLIC AVAILABILITY.—The study 21 required under subparagraph (A) and results 22 submitted under subparagraph (C) shall be 23 made readily available on a public Government 24 internet website. 25 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 8 •HR 1014 RH ‘‘(2) CALL FOR INFORMATION AND NOMINA- 1 TIONS.—The Secretary shall issue a call for informa- 2 tion and nominations for proposed wind lease sales 3 for areas determined to be feasible under the study 4 conducted under paragraph (1). 5 ‘‘(3) CONDITIONAL WIND LEASE SALES.— 6 ‘‘(A) IN GENERAL.—For each territory, 7 the Secretary shall conduct not less than 1 wind 8 lease sale on an area of the outer Continental 9 Shelf within the territorial jurisdiction of such 10 territory that meets each of the following cri- 11 teria: 12 ‘‘(i) The study required under para- 13 graph (1)(A) concluded that a wind lease 14 sale on the area is feasible. 15 ‘‘(ii) The Secretary has determined 16 that the call for information has generated 17 sufficient interest for the area. 18 ‘‘(iii) The Secretary has consulted 19 with the Secretary of Defense regarding 20 such a sale. 21 ‘‘(iv) The Secretary has consulted 22 with the Governor of the territory regard- 23 ing the suitability of the area for wind en- 24 ergy development. 25 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 9 •HR 1014 RH ‘‘(B) EXCEPTION.—If no area of the outer 1 Continental Shelf within the territorial jurisdic- 2 tion of a territory meets each of the criteria in 3 clauses (i) through (iii) of subparagraph (A), 4 the requirement under subparagraph (A) shall 5 not apply to such territory.’’. 6 SEC. 5. ESTABLISHMENT OF CORAL REEF CONSERVATION 7 FUND. 8 (a) IN GENERAL.—The Coral Reef Conservation Act 9 of 2000 (16 U.S.C. 6401 et seq.) is amended by adding 10 at the end the following: 11 ‘‘SEC. 211. CORAL REEF CONSERVATION FUND. 12 ‘‘(a) ESTABLISHMENT.—There is established in the 13 Treasury the Coral Reef Conservation Fund, hereafter re- 14 ferred to as the Fund. 15 ‘‘(b) DEPOSITS.—For each fiscal year, there shall be 16 deposited in the Fund the portion of such revenues due 17 and payable to the United States under subsection (b)(2) 18 of section 9 of the Outer Continental Shelf Lands Act (43 19 U.S.C. 1338). 20 ‘‘(c) USES.—Amounts deposited in the Fund under 21 this section and appropriated to the Secretary of Com- 22 merce under subsection (f) shall be used by the Secretary 23 of Commerce to carry out the Coral Reef Conservation Act 24 of 2000 (16 U.S.C. 6401 et seq.), with priority given to 25 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 10 •HR 1014 RH carrying out sections 204 and 206 of such Act (16 U.S.C. 1 6403 and 6405). 2 ‘‘(d) AVAILABILITY.—Amounts deposited in the Fund 3 shall remain in the Fund until appropriated by Congress. 4 ‘‘(e) REPORTING.—The President shall include with 5 the proposed budget for the United States Government 6 submitted to Congress for a fiscal year a comprehensive 7 statement of deposits into the Fund during the previous 8 fiscal year and estimated requirements during the fol- 9 lowing fiscal year for appropriations from the Fund. 10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 11 are authorized to be appropriated from the Fund to the 12 Secretary of Commerce, an amount equal to the amount 13 deposited in the Fund in the previous fiscal year. 14 ‘‘(g) NO LIMITATION.—Appropriations from the 15 Fund pursuant to this section may be made without fiscal 16 year limitation.’’. 17 (b) RENAMING OF EXISTING FUND.—Section 205 of 18 the Coral Reef Conservation Act of 2000 (16 U.S.C. 6404) 19 is amended— 20 (1) in the heading, by striking ‘‘CORAL REEF 21 CONSERVATION FUND’’ and inserting ‘‘CORAL 22 REEF PUBLIC-PRIVATE PARTNERSHIP’’; 23 (2) in subsection (a)— 24 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS 11 •HR 1014 RH (A) in the subsection heading, by striking 1 ‘‘FUND’’ and inserting ‘‘PUBLIC-PRIVATE 2 PARTNERSHIP’’; and 3 (B) by striking ‘‘, hereafter referred to as 4 the Fund,’’; and 5 (3) in subsection (b), by striking ‘‘Fund’’ and 6 inserting ‘‘separate interest bearing account’’. 7 VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS Union Calendar No. 182 116TH CONGRESS 1ST SESSION H. R. 1014 [Report No. 116–230] A BILL To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to es- tablish offshore wind lease sale requirements, to provide dedicated funding for coral reef conserva- tion, and for other purposes. OCTOBER 11, 2019 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 20:38 Oct 11, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H1014.RH H1014 kjohnson on DSK79L0C42 with BILLS