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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10508 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10508

     To amend the Outer Continental Shelf Lands Act to support the 
    responsible development of offshore renewable energy projects, 
  establish the Offshore Power Administration, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 18, 2024

  Mr. Tonko introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
 Energy and Commerce, and Science, Space, and Technology, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
     To amend the Outer Continental Shelf Lands Act to support the 
    responsible development of offshore renewable energy projects, 
  establish the Offshore Power Administration, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Offshore Energy 
Modernization Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. National offshore wind permitting goals.
Sec. 3. Responsible development of offshore renewable energy projects.
Sec. 4. Offshore renewable energy compensation fund.
Sec. 5. Improving environmental and cultural reviews to ensure timely 
                            permitting decisions.
Sec. 6. Report on decommissioning of offshore renewable energy 
                            projects.
Sec. 7. Offshore Power Administration.
Sec. 8. Offshore transmission infrastructure studies and 
                            recommendations.
Sec. 9. Interoperability of offshore electric transmission 
                            infrastructure.
Sec. 10. Offshore wind shipbuilding.
Sec. 11. Access to offshore renewable energy areas.
Sec. 12. Definitions.

SEC. 2. NATIONAL OFFSHORE WIND PERMITTING GOALS.

    (a) In General.--The Secretary of the Interior shall, in 
consultation with the Secretary of Energy and other relevant Federal 
agencies and State governments, establish and periodically update 
national goals for offshore wind energy production on the outer 
Continental Shelf.
    (b) Minimum Production Requirements for 2030 and 2035.--Through 
management of the outer Continental Shelf and administration of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the 
Secretary of the Interior shall seek to issue permits that, in total, 
authorize production of electricity from offshore wind energy projects 
of not less than--
            (1) 30 gigawatts of electricity by not later than 2030; and
            (2) 50 gigawatts of electricity by not later than 2035.

SEC. 3. RESPONSIBLE DEVELOPMENT OF OFFSHORE RENEWABLE ENERGY PROJECTS.

    (a) Definitions.--Section 2 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331) is amended--
            (1) in the definition for the term ``State'', as added by 
        section 50251(b)(1)(A)(iv) of Public Law 117-169--
                    (A) by redesignating such definition as subsection 
                (t); and
                    (B) by inserting after the enumerator ``State.--''; 
                and
            (2) by adding at the end the following:
    ``(u) Offshore Renewable Energy Project.--The term `offshore 
renewable energy project' means a project to carry out an activity 
described in section 8(p)(1)(C) related to wind, solar, wave, or tidal 
energy.''.
    (b) National Policy for the Outer Continental Shelf.--Section 3 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1332) is amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) the outer Continental Shelf is a vital national 
        resource reserve held by the Federal Government for the public, 
        which should be made available for expeditious and orderly 
        development, subject to environmental safeguards and 
        coexistence with other ocean users, in a manner which 
        includes--
                    ``(A) supporting the generation, transmission, and 
                storage of zero-emission electricity; and
                    ``(B) the maintenance of competition and other 
                national needs, including the need to achieve State, 
                Tribal, and Federal zero-emission electricity or 
                renewable energy mandates, targets, and goals;'';
            (2) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (3) by inserting after paragraph (4) the following:
            ``(5) the identification, development, and production of 
        lease areas for offshore renewable energy projects should be 
        determined by a robust and transparent stakeholder process that 
        incorporates engagement and input from a diverse group of ocean 
        users and other impacted stakeholders, as well as Federal, 
        State, Tribal, and local governments;''.
    (c) Leases, Easements, and Rights-of-Way on the Outer Continental 
Shelf.--Section 8(p) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) by striking ``27'' and inserting 
                        ``17'';
                            (ii) by striking ``three'' and inserting 
                        ``100''; and
                            (iii) by striking ``15'' and inserting 
                        ``100''; and
                    (B) by adding at the end the following:
            ``(C) Payments for conservation and mitigation 
        activities.--
                    ``(i) In general.--Notwithstanding section 9, the 
                Secretary shall, without appropriation or fiscal year 
                limitation, use 10 percent of the revenue received by 
                the Federal Government from royalties, fees, rents, 
                bonuses, and other payments from any lease, easement, 
                or right-of-way granted under this subsection to 
                provide grants to--
                            ``(I) State, local, and Tribal governments, 
                        and regional partnerships thereof, including 
                        regional ocean partnerships, regional wildlife 
                        science collaboratives, and similar 
                        organizations; and
                            ``(II) nonprofit organizations.
                    ``(ii) Use of grants.--Grants provided under clause 
                (i) shall be used for carrying out activities related 
                to marine and coastal habitat protection and 
                restoration, mitigation of damage to natural and 
                cultural resources and marine life resulting from 
                activities authorized by this subsection, relevant 
                research and data sharing initiatives, or increasing 
                the organizational capacity of an entity described in 
                subclause (I) or (II) of clause (i) to increase the 
                effectiveness of entities that carry out such 
                activities.
            ``(D) Offshore renewable energy compensation fund.--
        Notwithstanding section 9, the Secretary shall, without 
        appropriation or fiscal year limitation, deposit 10 percent of 
        the revenue received by the Federal Government from royalties, 
        fees, rents, bonuses, and other payments from any lease, 
        easement, or right-of-way granted under this subsection into 
        the Offshore Renewable Energy Compensation Fund established 
        under section 34.'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Leasing.--
                    ``(A) Competitive or noncompetitive basis.--The 
                Secretary shall issue a lease, easement, or right-of-
                way under paragraph (1) on a competitive basis unless 
                the Secretary determines after public notice of a 
                proposed lease, easement, or right-of-way that there is 
                no competitive interest.
                    ``(B) Schedule of offshore renewable energy lease 
                sales.--The Secretary shall, after providing an 
                opportunity for public notice and comment, publish and 
                periodically update a schedule of areas that may be 
                available for leasing in the future for offshore 
                renewable energy projects, indicating, to the extent 
                possible, the timing of site identification activities, 
                the timing of designation of any area to be leased, the 
                anticipated size of such areas, the timing of lease 
                sales, and the location of leasing activities.
                    ``(C) Multi-factor bidding.--
                            ``(i) In general.--The Secretary may 
                        consider non-monetary factors when 
                        competitively awarding leases under paragraph 
                        (1), which may include commitments made by the 
                        bidder to--
                                    ``(I) support educational, 
                                training, and skills development, 
                                including supporting or increasing 
                                access to registered apprenticeship 
                                programs, pre-apprenticeship programs, 
                                and Tribal apprenticeships programs 
                                that have an articulation agreement 
                                with a registered apprenticeship 
                                program for offshore renewable energy 
                                projects;
                                    ``(II) support development of 
                                domestic supply chains for offshore 
                                renewable energy projects, including 
                                development of ports and other energy 
                                infrastructure necessary to facilitate 
                                offshore renewable energy projects;
                                    ``(III) establish a community 
                                benefit agreement with one or more 
                                community or stakeholder groups that 
                                may be impacted by the development and 
                                operation of an offshore renewable 
                                project, which may include covered 
                                entities;
                                    ``(IV) make investments to 
                                evaluate, monitor, improve, and 
                                mitigate impacts to the health and 
                                biodiversity of ecosystems and wildlife 
                                from the development and operation of 
                                an offshore renewable energy project;
                                    ``(V) support the development and 
                                use of shared transmission 
                                infrastructure connecting to offshore 
                                renewable energy projects;
                                    ``(VI) make investments in the 
                                preservation of Tribal cultural 
                                resources and mitigate any impacts from 
                                the development and operation of an 
                                offshore renewable energy project on 
                                such resources; and
                                    ``(VII) make other investments 
                                determined appropriate by the 
                                Secretary.
                            ``(ii) Contractual commitments.--When 
                        considering non-monetary factors under this 
                        subparagraph, the Secretary may--
                                    ``(I) evaluate the quality of 
                                commitments made by the bidder; and
                                    ``(II) reward finalized binding 
                                agreements above assurances for future 
                                commitments.
                            ``(iii) Definitions.--In this subparagraph:
                                    ``(I) Covered entity.--The term 
                                `covered entity' has the meaning given 
                                such term in section 34(k).
                                    ``(II) Registered apprenticeship 
                                program.--The term `registered 
                                apprenticeship program' means an 
                                apprenticeship program registered under 
                                the Act of August 16, 1937 (commonly 
                                known as the National Apprenticeship 
                                Act; 50 Stat. 664, chapter 663; 29 
                                U.S.C. 50 et seq.).'';
            (3) by amending paragraph (4) to read as follows:
            ``(4) Requirements.--
                    ``(A) In general.--The Secretary shall ensure that 
                any activity under this subsection is carried out in a 
                manner that provides for--
                            ``(i) safety;
                            ``(ii) protection of the environment, which 
                        includes facilitation of the generation, 
                        transmission, and storage of zero-emission 
                        electricity;
                            ``(iii) prevention of waste;
                            ``(iv) conservation of the natural 
                        resources of the outer Continental Shelf;
                            ``(v) conservation of Tribal cultural 
                        resources of the outer Continental Shelf;
                            ``(vi) coordination with relevant Federal 
                        agencies and State, Tribal, and local 
                        governments;
                            ``(vii) protection of national security 
                        interests of the United States;
                            ``(viii) protection of correlative rights 
                        in the outer Continental Shelf;
                            ``(ix) a fair return to the United States 
                        for any lease, easement, or right-of-way under 
                        this subsection;
                            ``(x) accommodation of reasonable uses (as 
                        determined by the Secretary) of the exclusive 
                        economic zone, the high seas, and the 
                        territorial seas;
                            ``(xi) consideration of--
                                    ``(I) the location of, and any 
                                schedule relating to, a lease, 
                                easement, or right-of-way for an area 
                                of the outer Continental Shelf; and
                                    ``(II) any other use of the sea or 
                                seabed, including use for a fishery, a 
                                sealane, a potential site of a 
                                deepwater port, or navigation;
                            ``(xii) public notice and comment, and 
                        Tribal consultation in accordance with 
                        paragraph (7), on any proposal submitted for a 
                        lease, easement, or right-of-way under this 
                        subsection;
                            ``(xiii) oversight, inspection, research, 
                        monitoring, and enforcement relating to a 
                        lease, easement, or right-of-way under this 
                        subsection; and
                            ``(xiv) satisfaction or partial 
                        satisfaction of any applicable State and 
                        Federal renewable and clean energy mandates, 
                        targets, and goals.
                    ``(B) Project labor agreements.--
                            ``(i) In general.--Beginning not later than 
                        January 1, 2026, the Secretary shall require, 
                        as a term or condition of each lease, right-of-
                        way, and easement, as applicable, for an 
                        offshore renewable energy project, that the 
                        holder of the lease, right-of-way, or easement, 
                        (and any successor or assignee) and its agents, 
                        contractors, and subcontractors engaged in the 
                        construction of any facilities for such 
                        offshore renewable energy project agree, for 
                        purposes of such construction, to negotiate and 
                        become a party to a project labor agreement 
                        with one or more labor organizations. A project 
                        labor agreement shall bind all contractors and 
                        subcontractors on the project through the 
                        inclusion of appropriate specifications in all 
                        relevant solicitation provisions and contract 
                        documents. The Secretary shall not approve a 
                        construction and operations plan with respect 
                        to any offshore renewable energy project until 
                        being assured by the lessee that such project 
                        labor agreement will be maintained for the 
                        duration of the project.
                            ``(ii) Definitions.--In this subparagraph:
                                    ``(I) Construction.--The term 
                                `construction' includes reconstruction, 
                                rehabilitation, modernization, 
                                alteration, conversion, extension, 
                                repair, or improvement of any facility, 
                                structure, or other real property 
                                (including any onshore facilities) for 
                                an offshore renewable energy project.
                                    ``(II) Labor organization.--The 
                                term `labor organization' means a labor 
                                organization as defined in section 2(5) 
                                of the National Labor Relations Act (29 
                                U.S.C. 152(5))--
                                            ``(aa) of which building 
                                        and construction employees are 
                                        members; and
                                            ``(bb) that directly, or 
                                        through its affiliates, 
                                        sponsors a registered 
                                        apprenticeship program.
                                    ``(III) Project labor agreement.--
                                The term `project labor agreement' 
                                means a pre-hire collective bargaining 
                                agreement with one or more labor 
                                organizations that establishes the 
                                terms and conditions of employment for 
                                a specific construction project and is 
                                an agreement described in section 8(e) 
                                and (f) of the National Labor Relations 
                                Act (29 U.S.C. 158(f)).
                                    ``(IV) Registered apprenticeship 
                                program.--The term `registered 
                                apprenticeship program' means an 
                                apprenticeship program registered under 
                                the Act of August 16, 1937 (commonly 
                                known as the National Apprenticeship 
                                Act; 50 Stat. 664, chapter 663; 29 
                                U.S.C. 50 et seq.).
                    ``(C) Domestic content.--
                            ``(i) In general.--With respect to the 
                        construction of facilities for an offshore 
                        renewable energy project that begins after 
                        January 1, 2032, the Secretary shall require 
                        that--
                                    ``(I) all structural iron and steel 
                                products that are (upon completion of 
                                construction) components of such 
                                facilities shall be; and
                                    ``(II) not less than 65 percent of 
                                the total costs of all manufactured 
                                products that are (upon completion of 
                                construction) components of such 
                                facilities shall be attributable to 
                                manufactured products which are mined, 
                                produced, or manufactured in the United 
                                States.
                            ``(ii) Waiver.--The Secretary may waive the 
                        requirements of clause (i) in any case or 
                        category of cases in which the Secretary finds 
                        that--
                                    ``(I) applying clause (i) would be 
                                inconsistent with the public interest;
                                    ``(II) such products are not 
                                produced in the United States in 
                                sufficient and reasonably available 
                                quantities and of a satisfactory 
                                quality; or
                                    ``(III) the use of such products 
                                will increase the cost of the overall 
                                project by more than 25 percent.
                            ``(iii) Public notification.--If the 
                        Secretary receives a request for a waiver under 
                        this subparagraph, the Secretary shall make 
                        available to the public a copy of the request 
                        and information available to the Secretary 
                        concerning the request, and shall allow for 
                        informal public input on the request for at 
                        least 15 business days prior to making a 
                        finding based on the request. The Secretary 
                        shall make the request and accompanying 
                        information available to the public by 
                        electronic means, including on the official 
                        public Internet site of the Department of the 
                        Interior.
                            ``(iv) International agreements.--This 
                        paragraph shall be applied in a manner 
                        consistent with United States obligations under 
                        international agreements.
                            ``(v) Definition of produced in the united 
                        states.--In this subparagraph, the term 
                        `produced in the United States' means, in the 
                        case of iron or steel products, that all 
                        manufacturing processes, from the initial 
                        melting stage through the application of 
                        coatings, occurred in the United States.'';
            (4) by amending paragraph (7) to read as follows:
            ``(7) Coordination and consultation.--
                    ``(A) State and local governments.--The Secretary 
                shall provide for coordination and consultation with 
                the Governor of any State or the executive of any local 
                government that may be affected by a lease, easement, 
                or right-of-way under this subsection.
                    ``(B) Tribal consultation.--
                            ``(i) Requirement.--The Secretary shall 
                        conduct meaningful and timely consultation with 
                        Indian Tribes (following the procedures of 
                        Executive Order 13175 (25 U.S.C. 5301 note), 
                        the President's Memorandum of Uniform Standards 
                        for Tribal Consultation, issued on November 30, 
                        2022, or any subsequent order) before 
                        undertaking any activities under this 
                        subsection, including holding a lease sale, 
                        that may have a direct, indirect, or cumulative 
                        impact on--
                                    ``(I) the land, including allotted, 
                                ceded, or traditional land, or 
                                interests in such land of an Indian 
                                Tribe or member of an Indian Tribe;
                                    ``(II) Tribal land, cultural 
                                practices, resources, or access to 
                                traditional areas of cultural or 
                                religious importance;
                                    ``(III) any part of any Federal 
                                land that shares a border with Indian 
                                country, as such term is defined in 
                                section 1151 of title 18, United States 
                                Code;
                                    ``(IV) the protected rights of an 
                                Indian Tribe, whether or not such 
                                rights are enumerated in a treaty, 
                                including water, hunting, gathering, 
                                and fishing rights;
                                    ``(V) the ability of an Indian 
                                Tribe to govern or provide services to 
                                members of the Indian Tribe;
                                    ``(VI) the relationship between the 
                                Federal Government and an Indian Tribe; 
                                or
                                    ``(VII) the trust responsibility of 
                                the Federal Government to an Indian 
                                Tribe.
                            ``(ii) Confidential and sensitive 
                        information.--
                                    ``(I) Closed meeting.--
                                Notwithstanding any other provision of 
                                law, at the request of the applicable 
                                Indian Tribe or Tribal government, any 
                                Tribal consultation process conducted 
                                for the purpose of carrying out this 
                                subparagraph shall be closed to the 
                                public.
                                    ``(II) Treatment of designated 
                                information.--Notwithstanding any other 
                                provision of law, during a Tribal 
                                consultation process conducted for the 
                                purpose of carrying out this 
                                subparagraph, if the applicable Indian 
                                Tribe or Tribal government designates 
                                any information, such as the location 
                                of a sacred site or other detail of a 
                                cultural or religious practice, as 
                                sensitive, that information shall be 
                                protected by law as confidential and 
                                withheld from any public disclosure or 
                                publication made as part of such Tribal 
                                consultation process or in any other 
                                process of carrying out this Act.
                                    ``(III) Access to designated 
                                information.--If information has been 
                                designated as sensitive under subclause 
                                (II), the Secretary shall determine, in 
                                consultation with the applicable Indian 
                                Tribe or Tribal government, who may 
                                have access to the information for the 
                                purposes of carrying out this Act.'';
            (5) by amending paragraph (10) to read as follows:
            ``(10) Applicability.--
                    ``(A) In general.--This subsection does not apply 
                to any area on the outer Continental Shelf within the 
                exterior boundaries of any unit of the National Park 
                System, National Wildlife Refuge System, or National 
                Marine Sanctuary System, or any National Monument.
                    ``(B) Certain transmission infrastructure.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), if otherwise authorized 
                        pursuant to the National Marine Sanctuaries Act 
                        (16 U.S.C. 1431 et seq.), the Secretary may 
                        issue a lease, easement, or right-of-way to 
                        enable the transmission of electricity 
                        generated by an offshore renewable energy 
                        project.
                            ``(ii) Terms and conditions.--In issuing a 
                        lease, easement, or right-of-way under clause 
                        (i), the Secretary may approve and regulate, as 
                        necessary, the construction and operation of 
                        transmission facilities and related 
                        infrastructure for the transmission of 
                        electricity generated by an offshore renewable 
                        energy project in a manner that minimizes 
                        environmental impacts and harm to Tribal 
                        cultural resources.
                            ``(iii) Coordination.--In approving and 
                        regulating the construction and operation of 
                        facilities under clause (ii), the Secretary 
                        shall coordinate with the Secretary of Commerce 
                        to ensure the duration of any necessary 
                        authorizations of such facilities under the 
                        National Marine Sanctuaries Act aligns with the 
                        duration of the relevant leases, easements, or 
                        rights-of-way issued under clause (i).''; and
            (6) by adding at the end the following:
            ``(11) Planning area impact studies.--
                    ``(A) In general.--Beginning three years after the 
                date of enactment of this paragraph, before holding any 
                lease sale pursuant to paragraph (1) for an area, the 
                Secretary shall conduct a study of such area, or the 
                wider planning area that includes such area, in order 
                to establish information needed for assessment and 
                management of the environmental impacts on the human, 
                marine, and coastal environments, and the Tribal 
                cultural resources, of the outer Continental Shelf and 
                the coastal areas which may be affected by offshore 
                renewable energy projects in such area or planning 
                area.
                    ``(B) Inclusions.--A study conducted under 
                subparagraph (A) shall--
                            ``(i) incorporate the best available 
                        existing science and data, including Tribal 
                        Traditional Ecological Knowledge;
                            ``(ii) identify areas for which there is 
                        insufficient science and data; and
                            ``(iii) include consideration of the 
                        cumulative impacts (including potential 
                        navigational impacts) of offshore renewable 
                        energy projects on human, marine, and coastal 
                        environments.
                    ``(C) Use of data and assessments.--The Secretary 
                shall use the data and assessments from studies 
                conducted under this paragraph, as appropriate, when 
                deciding--
                            ``(i) which portions of an area or region 
                        are most appropriate to make available for 
                        leasing; and
                            ``(ii) whether to issue any permit or other 
                        authorization that is necessary to carry out an 
                        offshore renewable energy project.
                    ``(D) Nepa applicability.--The Secretary shall not 
                consider a study conducted under subparagraph (A) to be 
                a major Federal action under section 102(2)(C) of the 
                National Environmental Policy Act of 1969.
            ``(12) Capacity building and community engagement.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Secretary of Commerce, may award grants to 
                entities to build organizational capacity and enhance 
                engagement opportunities related to offshore renewable 
                energy project development, including environmental and 
                cultural reviews and permitting activities of such 
                projects.
                    ``(B) Purposes.--Grants awarded under subparagraph 
                (A) shall be for--
                            ``(i) enabling States, Indian Tribes, 
                        affected ocean users, and nonprofit 
                        associations that represent affected ocean 
                        users to compile data, conduct analyses, 
                        educate stakeholders, and complete other 
                        activities relating to offshore renewable 
                        energy project development;
                            ``(ii) engaging in planning activities 
                        related to the development of offshore 
                        renewable energy projects to--
                                    ``(I) determine potential economic, 
                                social, public health, environmental, 
                                and cultural benefits and impacts 
                                resulting from offshore renewable 
                                energy projects; and
                                    ``(II) identify opportunities to 
                                mitigate such impacts;
                            ``(iii) facilitating siting of offshore 
                        renewable energy projects and associated 
                        electric transmission infrastructure; and
                            ``(iv) hiring and training of personnel, 
                        and other activities designed to increase the 
                        capacity of States, Indian Tribes, and 
                        nonprofit associations, as applicable, to carry 
                        out activities described in clauses (i) through 
                        (iii).
                    ``(C) Prioritization.--When awarding grants under 
                subparagraph (A), the Secretary shall prioritize 
                awarding grants that will be used to build 
                organizational capacity and enhance community 
                engagement opportunities of Indian Tribes.
                    ``(D) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary to carry 
                out this paragraph $25,000,000 for each of fiscal years 
                2025 through 2029.''.
    (d) Reservations.--Section 12(a) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1341(a)) is amended to read as follows:
    ``(a) Withdrawal of Unleased Lands by the President.--
            ``(1) In general.--The President of the United States may, 
        from time to time, withdraw from disposition any of the 
        unleased lands of the outer Continental Shelf.
            ``(2) Modification for certain offshore renewable energy 
        projects.--With respect to a withdrawal under paragraph (1) of 
        unleased lands from disposition, the President may modify such 
        a withdrawal only to allow for leasing under section 8(p)(1)(C) 
        and only if the President determines that environmental, 
        Tribal, national security, or national or regional energy 
        conditions or demands have changed such that a modification 
        would be in the public interest.''.
    (e) Citizen Suits, Court Jurisdiction, and Judicial Review.--
Section 23(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1349(c)(2)) is amended to read as follows:
    ``(2) Any action of the Secretary to approve, require modification 
of, or disapprove any exploration plan or development and production 
plan under this Act, or any plan, final lease, easement, or right-of-
way granted pursuant to section (8)(p)(1) (and any related final 
Federal agency actions), shall be subject to judicial review only in a 
United States court of appeals for a circuit in which an affected State 
or Indian Tribe is located.''.

SEC. 4. OFFSHORE RENEWABLE ENERGY COMPENSATION FUND.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended 
by adding at the end the following:

``SEC. 34. OFFSHORE RENEWABLE ENERGY COMPENSATION FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States the Offshore Renewable Energy Compensation Fund, which 
shall be used by the Secretary, or a third-party the Secretary enters 
into a contract with, to provide to covered entities--
            ``(1) payments for claims--
                    ``(A) described under subsection (f)(1); and
                    ``(B) verified pursuant to subsection (d)(1); and
            ``(2) grants to carry out mitigation activities described 
        in subsection (f)(2).
    ``(b) Availability of Fund.--The Fund shall be available to the 
Secretary without fiscal year limitations for the purpose of providing 
payments and grants under subsection (a).
    ``(c) Accounts.--The Fund shall--
            ``(1) consist of the royalties, fees, rents, bonuses, and 
        other payments deposited under section 8(p)(2)(D); and
            ``(2) be divided into separate area accounts from which 
        payments and grants shall be provided based on the area in 
        which damages occur.
    ``(d) Regulations.--The Secretary shall establish, by regulation, a 
process to--
            ``(1) file, process, and verify claims for purposes of 
        providing payments under subsection (a)(1); and
            ``(2) apply for a grant provided under subsection (a)(2).
    ``(e) Payment Amount.--Payments provided under subsection (a)(1) 
shall--
            ``(1) be based on the scope of the verified claim;
            ``(2) be fair and provided efficiently and in a transparent 
        manner; and
            ``(3) if the covered entity receiving the payment has or 
        will receive direct compensation for the verified claim 
        pursuant to a community benefit agreement or other agreement 
        between such covered entity and a holder of a lease, easement, 
        or right-of-way, be reduced by an amount that is equal to the 
        amount of such direct compensation.
    ``(f) Claims; Mitigation Grants.--
            ``(1) Claims.--A payment may be provided under subsection 
        (a)(1) for a verified claim to--
                    ``(A) replace or repair gear that was lost or 
                damaged by the development, construction, operation, or 
                decommissioning of an offshore renewable energy 
                project; or
                    ``(B) replace income that was lost from the 
                development, construction, operation, or 
                decommissioning of an offshore renewable energy 
                project.
            ``(2) Mitigation grants.--If the Secretary determines that 
        there are sufficient amounts in an area account of the Fund to 
        provide payments for all verified claims at any given time, the 
        Secretary may use amounts in the Fund to provide grants to 
        covered entities, and other entities determined appropriate by 
        the Secretary, to mitigate the potential effects of 
        development, construction, operation, and decommissioning of an 
        offshore renewable energy project, including by paying for gear 
        changes, navigation technology improvements, and other measures 
        to enhance the safety and resiliency of the covered entities 
        and such other entities.
    ``(g) Advisory Group.--
            ``(1) In general.--The Secretary shall establish and 
        regularly convene an advisory group that shall provide 
        recommendations on the development and administration of this 
        section.
            ``(2) Membership.--The advisory group shall--
                    ``(A) be comprised of individuals--
                            ``(i) appointed by the Secretary; and
                            ``(ii) representing the geographic 
                        diversity of areas impacted by the development, 
                        construction, operation, or decommissioning of 
                        offshore renewable energy projects; and
                    ``(B) include representatives from--
                            ``(i) recreational fishing interests;
                            ``(ii) commercial fishing interests;
                            ``(iii) Tribal interest;
                            ``(iv) the National Marine Fisheries 
                        Services;
                            ``(v) the fisheries science community; and
                            ``(vi) other fields of expertise necessary 
                        to effectively develop and administer this 
                        section, as determined by the Secretary.
            ``(3) Travel expenses.--The Secretary may provide amounts 
        to any member of the advisory group to pay for travel expenses, 
        including per diem in lieu of subsistence, at rates authorized 
        for an employee of an agency under section 5703 of title 5, 
        United States Code, while away from the home or regular place 
        of business of the member in the performance of the duties of 
        the advisory group.
    ``(h) Insufficient Funds.--
            ``(1) In general.--If the Secretary determines that an area 
        account does not contain a sufficient amount to provide 
        payments under subsection (a)(1), the Secretary may, not more 
        than once each calendar year, require any holder of an offshore 
        renewable energy lease located within the area covered by the 
        area account to pay an amount specified by the Secretary, which 
        shall be deposited into such area account.
            ``(2) Amount.--No holder of an offshore renewable energy 
        lease shall be required to pay an amount under paragraph (1) in 
        excess of $3 per acre of the leased land described in paragraph 
        (1).
    ``(i) Administrative Expenses.--The Secretary may use up to 15 
percent of the amount deposited into the Fund under section 8(p)(2)(D) 
during a fiscal year for administrative expenses to carry out this 
section.
    ``(j) Annual Report.--The Secretary shall submit to Congress, and 
make publicly available, an annual report on activities carried out 
under this section, including a description of claims filed and the 
amount of payments and grants provided.
    ``(k) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means--
                    ``(A) a community, stakeholder, or Tribal 
                interest--
                            ``(i) that uses a geographic space of a 
                        lease area, including for Tribal cultural and 
                        religious uses, or uses resources harvested 
                        from a geographic space of a lease area; and
                            ``(ii) for which such use is directly and 
                        adversely impacted by the development, 
                        construction, operation, or decommissioning of 
                        an offshore renewable energy project located in 
                        such leased area; or
                    ``(B) a regional association, cooperative, non-
                profit organization, commission, or corporation that--
                            ``(i) serves a community, stakeholder, or 
                        Tribal interest described in subparagraph (A); 
                        and
                            ``(ii) acts on behalf of such a community, 
                        stakeholder, or Tribal interest for purposes of 
                        this section, including by submitting a claim 
                        for a covered entity under this section.
            ``(2) Fund.--The term `Fund' means the Offshore Renewable 
        Energy Compensation Fund established under subsection (a).
            ``(3) Lease area.--The term `lease area' means an area 
        covered by an offshore renewable energy lease.
            ``(4) Offshore renewable energy lease.--The term `offshore 
        renewable energy lease' means a lease, easement, or right-of-
        way granted under section 8(p)(1)(C).''.

SEC. 5. IMPROVING ENVIRONMENTAL AND CULTURAL REVIEWS TO ENSURE TIMELY 
              PERMITTING DECISIONS.

    (a) Bureau of Ocean Energy Management.--In addition to amounts 
otherwise available, there is appropriated to the Secretary of the 
Interior for fiscal year 2024, out of any money in the Treasury not 
otherwise appropriated, $50,000,000 to remain available until expended, 
to provide for the hiring and training of personnel, the development of 
programmatic environmental documents, the procurement of technical or 
scientific services for environmental and cultural reviews, the 
development of cultural competency for Tribal consultations, support of 
regional ocean data portals, the development of environmental data or 
information systems (including efforts to standardize, establish a 
baseline for, publish, or otherwise improve the consistency of 
environmental data), the development of pre-application components, 
stakeholder and community engagement, updates to the Marine Cadastre 
for advancements in spatial data analysis and deconfliction, the 
purchase of new equipment for environmental analysis, and coordination 
(including through the public tracking of Federal authorizations and 
reviews) to facilitate timely, efficient, and responsible permitting 
and review of offshore renewable energy projects.
    (b) National Oceanic and Atmospheric Administration.--In addition 
to amounts otherwise available, there is appropriated to the Secretary 
of Commerce for fiscal year 2024, out of any money in the Treasury not 
otherwise appropriated, $45,000,000 to remain available until expended, 
to provide for the hiring and training of personnel, the development of 
programmatic environmental documents, the procurement of technical or 
scientific services for environmental and cultural reviews, the 
development of cultural competency for Tribal consultations, support of 
regional ocean data portals, the development of environmental data or 
information systems (including efforts to standardize, baseline, 
publish, or otherwise improve the consistency of environmental data), 
stakeholder and community engagement, updates to the Marine Cadastre 
for advancements in spatial data analysis and deconfliction, adaptation 
of scientific and fisheries surveys, and the purchase of new equipment 
for environmental analysis to facilitate timely, efficient, and 
responsible environmental reviews for the permitting of offshore 
renewable energy projects.

SEC. 6. REPORT ON DECOMMISSIONING OF OFFSHORE RENEWABLE ENERGY 
              PROJECTS.

    Not later than 10 years after the date of enactment of this Act, 
the Secretary of the Interior shall submit to Congress, and make 
publicly available, a report evaluating decommissioning options for 
offshore renewable energy projects (and associated electric 
transmission infrastructure), including an assessment of the potential 
for the holder of a lease, easement, or right-of-way to keep facilities 
in place or otherwise convert such facilities to artificial reefs to 
support marine habitats, provided that such facilities will not 
adversely impact navigation, national security, the marine environment, 
Tribal uses, or other competing uses of the outer Continental Shelf.

SEC. 7. OFFSHORE POWER ADMINISTRATION.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Energy shall establish the 
Offshore Power Administration.
    (b) Authorities.--
            (1) In general.--The Offshore Power Administration may, 
        subject to paragraphs (2) and (3)--
                    (A) construct, finance, facilitate, plan, operate, 
                maintain, acquire, and study covered transmission 
                infrastructure; and
                    (B) support construction, financing, facilitation, 
                planning, operation, maintenance, acquisition, and 
                study of covered transmission infrastructure.
            (2) Limitation on construction.--
                    (A) In general.--The Offshore Power Administration 
                may not construct covered transmission infrastructure 
                in any region until the Secretary of Energy has made a 
                determination (in consultation with the Secretary of 
                the Interior) that the relevant State governments, 
                regional transmission organizations, offshore renewable 
                energy project developers, and other stakeholders in 
                such region have failed to adequately coordinate and 
                cooperate on the development and use of shared covered 
                transmission infrastructure.
                    (B) Initial delay.--The Secretary of Energy may not 
                make a determination under this paragraph sooner than 3 
                years after the date of enactment of this Act.
            (3) Leases, easements, and rights-of way.--In carrying out 
        any activity under paragraph (1), the Offshore Power 
        Administration shall be subject to the requirements to obtain a 
        lease, easement, or right-of-way under section 8(p) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1337).
    (c) Governance.--
            (1) Organization.--The Offshore Power Administration shall 
        be preserved as a separate and distinct organizational entity 
        within the Department of Energy and shall be headed by an 
        Administrator appointed by the Secretary of Energy.
            (2) Regional offices.--The Administrator shall establish 
        and maintain such regional offices as necessary to facilitate 
        the performance of the Offshore Power Administration.
    (d) Loans.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of the Treasury shall, without appropriation 
        and without fiscal year limitation, make loans to the Offshore 
        Power Administration that, in the judgment of the 
        Administrator, are required to carry out the activities listed 
        in subsection (b)(1).
            (2) Terms and conditions.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), loans made by the Secretary of the Treasury under 
                paragraph (1) shall include such terms and conditions 
                that the Administrator and Secretary of the Treasury 
                may agree to.
                    (B) Interest.--The rate of interest to be charged 
                in connection with any loan made under paragraph (1) 
                shall be fixed by the Secretary of the Treasury, taking 
                into consideration market yields on outstanding 
                marketable obligations of the United States of 
                comparable maturities as of the date on which the loan 
                is made.
                    (C) Limitation.--Loans made by the Secretary of the 
                Treasury under paragraph (1) may not result in, in the 
                aggregate (including deferred interest), 
                $10,000,000,000 in outstanding repayable balances at 
                any one time.
            (3) Refinancing.--The Administrator may refinance loans 
        made pursuant to this section with the Secretary of the 
        Treasury in accordance with paragraph (2).
    (e) Agreements and Partnerships.--The Administrator may enter into 
agreements and partnerships with other entities to carry out any of the 
activities listed in subsection (b)(1).
    (f) Disposition of Revenue.--
            (1) In general.--With respect to covered transmission 
        infrastructure owned and operated by the Offshore Power 
        Administration pursuant to this section, the Administrator 
        shall use qualified revenue to pay the principal and interest 
        of the loan made by Secretary of the Treasury with respect to 
        such covered transmission infrastructure.
            (2) Qualified revenue.--In this subsection, the term 
        ``qualified revenue'' means--
                    (A) all revenue received by the Offshore Power 
                Administration from the operation of the covered 
                transmission infrastructure; less
                    (B) the amount the Administrator determines 
                necessary to--
                            (i) pay the costs of operating and 
                        maintaining the covered transmission 
                        infrastructure, including expenses described in 
                        subsection (g)(2); and
                            (ii) pay for any ancillary services that 
                        are used by the Offshore Power Administration.
    (g) Forgiveness of Balances.--
            (1) In general.--If, at the end of the useful life of any 
        covered transmission infrastructure acquired, constructed, 
        maintained, or operated by the Offshore Power Administration 
        pursuant to this section there is a remaining balance owed to 
        the Treasury for a loan made under this section for any such 
        purpose, such balance shall be forgiven.
            (2) Studies.--A loan made under this section for purposes 
        of studying covered transmission infrastructure that is not 
        constructed shall be forgiven upon notification under paragraph 
        (3).
            (3) Notification.--The Administrator shall notify the 
        Secretary of the Treasury of such amounts as are to be forgiven 
        under this subsection.
    (h) Administration.--
            (1) Accounts and audits.--
                    (A) In general.--The Administrator shall keep 
                complete and accurate accounts of the operation of 
                covered transmission infrastructure owned and operated 
                by the Offshore Power Administration, including all 
                funds expended and received in connection with 
                transmission of electric energy by the Offshore Power 
                Administration.
                    (B) Audits.--The Administrator shall, after the 
                close of each fiscal year, obtain an independent 
                commercial-type audit of such accounts.
            (2) Expenses.--The Administrator may make such expenditures 
        for offices, vehicles, furnishings, equipment, supplies, books, 
        travel for attendance at meetings, and for such other 
        facilities and services as the Administrator determines 
        necessary to carry out this section.
    (i) Prevailing Wage.--All laborers and mechanics employed by 
contractors and subcontractors in the performance of construction work 
carried out or funded by in whole or in part by the Offshore Power 
Administration shall be paid wages at rates not less than those 
prevailing on projects of a character similar in the locality as 
determined by the Secretary of Labor in accordance with subchapter IV 
of chapter 31 of title 40, United States Code. With respect to the 
labor standards in this subsection, the Secretary of Labor shall have 
the authority and functions set forth in Reorganization Plan Numbered 
14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, 
United States Code.
    (j) Coordination and Consultation.--
            (1) State and local governments.--The Administrator shall 
        provide for coordination and consultation with the Governor of 
        any State or the executive of any local government that may be 
        affected by activities under this section.
            (2) Tribal consultation.--
                    (A) In general.--The Administrator shall conduct 
                meaningful and timely consultation with Indian Tribes 
                (following the procedures of Executive Order 13175 (25 
                U.S.C. 5301 note), the President's Memorandum of 
                Uniform Standards for Tribal Consultation, issued on 
                November 30, 2022, or any subsequent order) before 
                undertaking any activities under this section that may 
                have a direct, indirect, or cumulative impact on--
                            (i) the land, including allotted, ceded, or 
                        traditional land, or interests in such land of 
                        an Indian Tribe or member of an Indian Tribe;
                            (ii) Tribal land, cultural practices, 
                        resources, or access to traditional areas of 
                        cultural or religious importance;
                            (iii) any part of any Federal land that 
                        shares a border with Indian country, as such 
                        term is defined in section 1151 of title 18, 
                        United States Code;
                            (iv) the protected rights of an Indian 
                        Tribe, whether or not such rights are 
                        enumerated in a treaty, including water, 
                        hunting, gathering, and fishing rights;
                            (v) the ability of an Indian Tribe to 
                        govern or provide services to members of the 
                        Indian Tribe;
                            (vi) the relationship between the Federal 
                        Government and an Indian Tribe; or
                            (vii) the trust responsibility of the 
                        Federal Government to an Indian Tribe.
                    (B) Confidential and sensitive information.--
                            (i) Closed meeting.--Notwithstanding any 
                        other provision of law, at the request of the 
                        applicable Indian Tribe or Tribal government, 
                        any Tribal consultation process conducted for 
                        the purpose of carrying out this subsection 
                        shall be closed to the public.
                            (ii) Treatment of designated information.--
                        Notwithstanding any other provision of law, 
                        during a Tribal consultation process conducted 
                        for the purpose of carrying out this 
                        subsection, if the applicable Indian Tribe or 
                        Tribal government designates any information, 
                        such as the location of a sacred site or other 
                        detail of a cultural or religious practice, as 
                        sensitive, that information shall be protected 
                        by law as confidential and withheld from any 
                        public disclosure or publication made as part 
                        of such Tribal consultation process or in any 
                        other process of carrying out this section.
                            (iii) Access to designated information.--If 
                        information has been designated as sensitive 
                        under clause (ii), the Secretary shall 
                        determine, in consultation with the applicable 
                        Indian Tribe or Tribal government, who may have 
                        access to the information for the purposes of 
                        carrying out this section.
    (k) Annual Report to Congress.--Beginning January 1, 2026, and each 
year thereafter, not later than 180 days after the end of each year, 
the Administrator shall submit to Congress a report for the previous 
year that includes--
            (1) a description of the activities of the Offshore Power 
        Administration;
            (2) an accounting of the use of loans made under this 
        section; and
            (3) an assessment of the coordination and cooperation by 
        relevant State and Tribal governments, regional transmission 
        organizations, offshore renewable energy project developers, 
        and other stakeholders the Secretary of Energy determines are 
        relevant in each region to develop and use shared covered 
        transmission infrastructure.
    (l) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Offshore Power Administration.
            (2) Covered transmission infrastructure.--The term 
        ``covered transmission infrastructure''--
                    (A) means electric power transmission 
                infrastructure, and any related facilities thereof, 
                that serves at least one offshore renewable energy 
                project; and
                    (B) includes onshore facilities that enable the 
                interconnection of offshore renewable energy projects.

SEC. 8. OFFSHORE TRANSMISSION INFRASTRUCTURE STUDIES AND 
              RECOMMENDATIONS.

    (a) Studies and Recommendations.--The Secretary of Energy, in 
consultation with the Secretary of the Interior, the interagency 
comprehensive digital mapping initiative established under section 
388(b) of the Energy Policy Act of 2005, and other relevant Federal, 
State, Tribal, and local agencies, shall periodically conduct studies 
and make recommendations available to the public on the potential 
siting of offshore transmission infrastructure in a manner that--
            (1) achieves sufficient transmission capacity to support 
        offshore energy development to meet State, Tribal, or Federal 
        renewable or clean electricity mandates, targets, or goals;
            (2) promotes safety, national security, Tribal sovereignty, 
        and environmental protection while minimizing impacts to 
        cultural and living marine resources, including Tribal cultural 
        resources; and
            (3) leads to efficient development of onshore points of 
        interconnection.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$10,000,000, to remain available until expended.

SEC. 9. INTEROPERABILITY OF OFFSHORE ELECTRIC TRANSMISSION 
              INFRASTRUCTURE.

    (a) Study.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Energy shall complete and publish on the 
website of the Department of Energy a study that assesses the need to, 
and challenges of, developing and standardizing interoperable electric 
grid components, systems, and technologies in support of shared 
offshore transmission networks. Such study shall include 
recommendations for Congress, State, Tribal, and local governments, 
manufacturers of electric grid components, systems, and technologies, 
regional transmission organizations, offshore electricity generation 
project developers, and appropriate standards organizations to help 
ensure interoperability of electric grid components, systems, and 
technologies across seams between offshore electricity generation 
projects and shared offshore infrastructure connecting to onshore 
transmission systems.
    (b) Interoperability Standard Development Program.--
            (1) In general.--The Secretary of Energy shall establish 
        and implement a program to identify, develop, support, 
        document, and encourage the adoption of a set of standards 
        necessary to maximize the interoperability of electric grid 
        components, systems, and technologies to accelerate the 
        implementation and delivery of electricity generated by 
        offshore electricity generation projects through shared 
        transmission infrastructure.
            (2) Goals.--The goals of establishing and implementing the 
        program under paragraph (1) shall be--
                    (A) to harmonize and standardize functional 
                specifications of electric grid components, systems, 
                and technologies to maximize the interoperability of 
                electric grid components, systems, and technologies 
                across technologies and manufacturers;
                    (B) to hasten adoption of shared transmission 
                infrastructure for offshore electricity generation by 
                encouraging cooperation among manufacturers of electric 
                grid components, systems, or technologies in order to--
                            (i) maximize interoperability of such 
                        manufacturers' electric grid components, 
                        systems, and technologies;
                            (ii) reduce offshore electricity generation 
                        project delays and cost overruns;
                            (iii) manage power grid complexity; and
                            (iv) enhance electric grid resilience, 
                        reliability, and cybersecurity; and
                    (C) to identify common technical specifications to 
                effectively and securely measure, monitor, control, and 
                protect offshore electricity generation and 
                transmission infrastructure from the point of 
                generation to load centers.
            (3) Grants.--Under the program established and implemented 
        under paragraph (1), the Secretary may provide grants to 
        entities to--
                    (A) engage equipment manufacturers and industry 
                stakeholders in collaborative platforms, including 
                workshops and forums;
                    (B) identify current challenges and propose 
                solutions to improve interoperability of electric grid 
                components, systems, and technologies; and
                    (C) develop a set of voluntary industry standards 
                to maximize interoperability of electric grid 
                components, systems, and technologies that meet the 
                goals described in paragraph (2).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$5,000,000, to remain available until expended.

SEC. 10. OFFSHORE WIND SHIPBUILDING.

    (a) Offshore Wind Shipyard Grant Program.--
            (1) In general.--The Secretary of Energy shall establish a 
        program to support the refurbishment, retooling, expansion, 
        modernization, and establishment of shipyards and other 
        manufacturing facilities by providing grants for the 
        fabrication, repair, and conversion of vessels needed for the 
        pre-construction assessment, construction, operation, and 
        maintenance of offshore wind energy projects.
            (2) Recipients.--Under the program established under 
        paragraph (1), the Secretary of Energy may provide grants to 
        shipyard owners and operators, fabricators of the vessels 
        described in paragraph (1), and relevant component suppliers.
            (3) Prevailing wage.--The Secretary of Energy shall take 
        such action as may be necessary to ensure all laborers and 
        mechanics employed by contractors or subcontractors during 
        construction, alteration, or repair that is supported, in whole 
        or in part, by grants provided under this section shall be paid 
        wages at rates not less than those prevailing on similar 
        construction in the locality, as determined by the Secretary of 
        Labor in accordance with subchapter IV of chapter 31 of title 
        40, United States Code. With respect to the labor standards in 
        this subsection, the Secretary of Labor shall have the 
        authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
            (4) Cost share.--Section 988(c) of the Energy Policy Act of 
        2005 (42 U.S.C. 16352(c)) shall apply to a grant provided under 
        this section as if such grant were a demonstration or 
        commercial application activity described in section 988(a) of 
        such Act.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Energy to carry out this 
        section $100,000,000, to remain available until expended.
    (b) Loan Guarantees for Wind Turbine Installation Vessels.--Section 
1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is 
amended by adding at the end the following:
            ``(14) Notwithstanding subsection (a)(1), projects that 
        increase the supply of domestically produced vessels needed for 
        the pre-construction assessment, construction, operation, and 
        maintenance of offshore wind energy projects, including wind 
        turbine installation vessels.''.

SEC. 11. ACCESS TO OFFSHORE RENEWABLE ENERGY AREAS.

    It is the sense of Congress that fishing and boating access, and 
Tribal cultural activities and lifeways, in and around offshore 
renewable energy projects will be maintained with narrow exceptions for 
construction and maintenance activities.

SEC. 12. DEFINITIONS.

    In this Act, the terms ``offshore renewable energy project'' and 
``outer Continental Shelf'' have the meanings given such terms in 
section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
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