II 

116TH CONGRESS 

1ST SESSION S. 499 

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 SENATE OF THE UNITED STATES 

FEBRUARY 14, 2019 

Mr. CASSIDY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

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 funding for coral reef conservation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Offshore Wind for Ter5 ritories Act’’. 


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1 SEC. 2. APPLICATION OF OUTER CONTINENTAL SHELF 

2 LANDS ACT WITH RESPECT TO TERRITORIES 

3 OF THE UNITED STATES. 

4 (a) IN GENERAL.—Section 2 of the Outer Conti5 nental Shelf Lands Act (43 U.S.C. 1331) is amended— 

6 (1) in paragraph (a)— 

7 (A) by inserting after ‘‘control’’ the fol8 lowing: ‘‘or lying within the exclusive economic 

9 zone of the United States and the outer Conti10 nental Shelf adjacent to any territory or posses11 sion of the United States’’; and 

12 (B) by adding at the end before the semi13 colon the following: ‘‘, except that such term 

14 shall not include any area conveyed by Congress 

15 to a territorial government for administration’’; 

16 (2) in paragraph (p), by striking ‘‘and’’ after 

17 the semicolon at the end; 

18 (3) in paragraph (q), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(r) The term ‘State’ includes each territory of the 

22 United States.’’. 

23 (b) EXCLUSIONS.—Section 18 of the Outer Conti24 nental Shelf Lands Act (43 U.S.C. 1344) is amended by 

25 adding at the end the following: 


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1 ‘‘(i) This section shall not apply to the scheduling of 

2 lease sales in the outer Continental Shelf adjacent to the 

3 territories and possessions of the United States.’’. 

4 SEC. 3. DISPOSITION OF REVENUES WITH RESPECT TO 

5 TERRITORIES OF THE UNITED STATES. 

6 Section 9 of the Outer Continental Shelf Lands Act 

7 (43 U.S.C. 1338) is amended— 

8 (1) by striking ‘‘All rentals’’ and inserting the 

9 following: 

10 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

11 law, all rentals’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(b) DISPOSITION OF REVENUES TO TERRITORIES

14 OF THE UNITED STATES.—Of the rentals, royalties, and 

15 other sums paid to the Secretary under this Act from a 

16 lease for an area of land on the outer Continental Shelf 

17 adjacent to a territory and lying within the exclusive eco18 nomic zone of the United States pertaining to such terri19 tory, and not otherwise obligated or appropriated— 

20 ‘‘(1) 50 percent shall be deposited in the Treas21 ury and credited to miscellaneous receipts; 

22 ‘‘(2) 12.5 percent shall be deposited in the 

23 Coral Reef Conservation Fund established under 

24 section 211 of the Coral Reef Conservation Act of 

25 2000; and 


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1 ‘‘(3) 37.5 percent shall be disbursed to terri2 tories of the United States in an amount for each 

3 territory (based on a formula established by the Sec4 retary by regulation) that is inversely proportional to 

5 the respective distance between the point on the 

6 coastline of the territory that is closest to the geo7 graphic center of the applicable leased tract and the 

8 geographic center of the leased tract.’’. 

9 SEC. 4. WIND LEASE SALES FOR AREAS OF OUTER CONTI10 NENTAL SHELF. 

11 (a) CONDITIONAL WIND LEASE SALES IN TERRI12 TORIES OF THE UNITED STATES.—The Outer Continental 

13 Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by 

14 adding at the end the following: 

15 ‘‘SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTI16 NENTAL SHELF. 

17 ‘‘(a) AUTHORIZATION.—The Secretary may conduct 

18 wind lease sales on the outer Continental Shelf. 

19 ‘‘(b) WIND LEASE SALE PROCEDURE.—Any wind 

20 lease sale conducted under this section shall be considered 

21 a lease under section 8(p). 

22 ‘‘(c) WIND LEASE SALES OFF COASTS OF TERRI23 TORIES OF THE UNITED STATES.— 

24 ‘‘(1) STUDY ON FEASIBILITY OF CONDUCTING

25 WIND LEASE SALES.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 conduct a study on the feasibility, including the 

3 technological and long-term economic feasibility, 

4 of conducting wind lease sales on an area of the 

5 outer Continental Shelf within the territorial ju6 risdiction of American Samoa, Guam, the 

7 Northern Mariana Islands, Puerto Rico, and 

8 the Virgin Islands of the United States. 

9 ‘‘(B) CONSULTATION.—In conducting the 

10 study required in paragraph (A), the Secretary 

11 shall consult— 

12 ‘‘(i) the National Renewable Energy 

13 Laboratory of the Department of Energy; 

14 and 

15 ‘‘(ii) the Governor of each of Amer16 ican Samoa, Guam, the Northern Mariana 

17 Islands, Puerto Rico, and the Virgin Is18 lands of the United States. 

19 ‘‘(C) PUBLICATION.—The study required 

20 in paragraph (A) shall be published in the Fed21 eral Register for public comment for not fewer 

22 than 60 days. 

23 ‘‘(D) SUBMISSION OF RESULTS.—Not later 

24 than 18 months after the date of the enactment 

25 of this section, the Secretary shall submit the 


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1 results of the study conducted under subpara2 graph (A) to: 

3 ‘‘(i) the Committee on Energy and 

4 Natural Resources of the Senate; 

5 ‘‘(ii) the Committee on Natural Re6 sources of the House of Representatives; 

7 and 

8 ‘‘(iii) each of the delegates or resident 

9 commissioner to the House of Representa10 tives from American Samoa, Guam, the 

11 Northern Mariana Islands, Puerto Rico, 

12 and the Virgin Islands of the United 

13 States, respectively. 

14 ‘‘(E) PUBLIC AVAILABILITY.—The study 

15 required under subparagraph (A) and results 

16 submitted under subparagraph (C) shall be 

17 made readily available on a public Government 

18 internet website. 

19 ‘‘(2) CALL FOR INFORMATION AND NOMINA20 TIONS.—The Secretary shall issue a call for informa21 tion and nominations for proposed wind lease sales 

22 for areas determined to be feasible under the study 

23 conducted under paragraph (1). 

24 ‘‘(3) CONDITIONAL WIND LEASE SALES.— 


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1 ‘‘(A) IN GENERAL.—For each territory, 

2 the Secretary shall conduct not less than 1 wind 

3 lease sale on an area of the outer Continental 

4 Shelf within the territorial jurisdiction of such 

5 territory that meets each of the following cri6 teria: 

7 ‘‘(i) The study required under para8 graph (1)(A) concluded that a wind lease 

9 sale on the area is feasible. 

10 ‘‘(ii) The Secretary has determined 

11 that the call for information has generated 

12 sufficient interest for the area. 

13 ‘‘(iii) The Secretary has consulted 

14 with the Secretary of Defense regarding 

15 such a sale. 

16 ‘‘(iv) The Secretary has consulted 

17 with the Governor of the territory regard18 ing the suitability of the area for wind en19 ergy development. 

20 ‘‘(B) EXCEPTION.—If no area of the outer 

21 Continental Shelf within the territorial jurisdic22 tion of a territory meets each of the criteria in 

23 clauses (i) through (iii) of subparagraph (A), 

24 the requirement under subparagraph (A) shall 

25 not apply to such territory.’’. 


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1 SEC. 5. ESTABLISHMENT OF CORAL REEF CONSERVATION 

2 FUND. 

3 (a) IN GENERAL.—The Coral Reef Conservation Act 

4 of 2000 (16 U.S.C. 6401 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 211. CORAL REEF CONSERVATION FUND. 

7 ‘‘(a) ESTABLISHMENT.—There is established in the 

8 Treasury the Coral Reef Conservation Fund, hereafter re9 ferred to as the Fund. 

10 ‘‘(b) DEPOSITS.—For each fiscal year, there shall be 

11 deposited in the Fund the portion of such revenues due 

12 and payable to the United States under subsection (b)(2) 

13 of section 9 of the Outer Continental Shelf Lands Act (43 

14 U.S.C. 1338). 

15 ‘‘(c) USES.—Amounts deposited in the Fund under 

16 this section and appropriated to the Secretary of Com17 merce under subsection (f) shall be used by the Secretary 

18 of Commerce to carry out the Coral Reef Conservation Act 

19 of 2000 (16 U.S.C. 6401 et seq.), with priority given to 

20 carrying out sections 204 and 206 of such Act (16 U.S.C. 

21 6403 and 6405). 

22 ‘‘(d) AVAILABILITY.—Amounts deposited in the Fund 

23 shall remain in the Fund until appropriated by Congress. 

24 ‘‘(e) REPORTING.—The President shall include with 

25 the proposed budget for the United States Government 

26 submitted to Congress for a fiscal year a comprehensive 


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1 statement of deposits into the Fund during the previous 

2 fiscal year and estimated requirements during the fol3 lowing fiscal year for appropriations from the Fund. 

4 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated from the Fund to the 

6 Secretary of Commerce, an amount equal to the amount 

7 deposited in the Fund in the previous fiscal year. 

8 ‘‘(g) NO LIMITATION.—Appropriations from the 

9 Fund pursuant to this section may be made without fiscal 

10 year limitation.’’. 

11 (b) RENAMING OF EXISTING FUND.—Section 205 of 

12 the Coral Reef Conservation Act of 2000 (16 U.S.C. 6404) 

13 is amended— 

14 (1) in the heading, by striking ‘‘CORAL REEF

15 CONSERVATION FUND’’ and inserting ‘‘CORAL

16 REEF PUBLIC-PRIVATE PARTNERSHIP’’; 

17 (2) in subsection (a)— 

18 (A) in the subsection heading, by striking 

19 ‘‘FUND’’ and inserting ‘‘PUBLIC-PRIVATE

20 PARTNERSHIP’’; and 

21 (B) by striking ‘‘, hereafter referred to as 

22 the Fund,’’; and 

23 (3) in subsection (b), by striking ‘‘Fund’’ and 

24 inserting ‘‘separate interest bearing account’’. 

Æ 


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