II 

118TH CONGRESS 

2D SESSION S. 5441 

To provide for offshore wind energy development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2024 

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

referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for offshore wind energy development, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Create Offshore Leadership and Livelihood Alignment 

6 By Operating Responsibly And Together for the Environ7 ment Act’’ or the ‘‘COLLABORATE Act’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—OFFSHORE WIND 


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Sec. 101. Definitions. 

Subtitle A—Offshore Wind Leadership and Coordination 

Sec. 111. Offshore Wind Transmission Task Force. 

Subtitle B—Offshore Wind Generation and Leasing 

Sec. 121. Offshore wind generation and leasing. 

Sec. 122. Offshore wind lease auctions. 

Sec. 123. Offshore wind permitting and authorizations. 

Subtitle C—Offshore Wind Transmission 

Sec. 131. Offshore wind transmission research and development. 

Sec. 132. Offshore wind transmission planning. 

Sec. 133. Offshore wind transmission siting, permitting, and authorizations. 

Sec. 134. Reliability standards for offshore transmission. 

Sec. 135. Inclusion of offshore wind energy in interregional transmission planning. 

Sec. 136. Coastal State integration of offshore wind energy. 

Subtitle D—Miscellaneous 

Sec. 141. Judicial review. 

TITLE II—FISHERIES 

Sec. 201. Offshore Wind Energy Fisheries Compensation Fund. 

Sec. 202. Fishermen’s Contingency Fund. 

Sec. 203. Grant program for research on the impacts of offshore wind development on fisheries resources. 

Sec. 204. Offshore Wind and Fisheries Coexistence Fund. 

1 TITLE I—OFFSHORE WIND 

2 SEC. 101. DEFINITIONS. 

3 In this title: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the National 

6 Oceanic and Atmospheric Administration. 

7 (2) APPLICANT.—The term ‘‘applicant’’ means 

8 an offshore wind lessee or the representative of an 

9 offshore wind lessee that submits or is planning to 

10 submit to the Secretary a construction and oper11 ations plan for an offshore wind project. 


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1 (3) BACKBONE LINE.—The term ‘‘backbone 

2 line’’ means a transmission line that connects mul3 tiple offshore transmission substations. 

4 (4) BULK-POWER SYSTEM.—The term ‘‘bulk5 power system’’ has the meaning given the term in 

6 section 215(a) of the Federal Power Act (16 U.S.C. 

7 824o(a)). 

8 (5) CALL AREA.—The term ‘‘call area’’ means 

9 an area on the outer Continental Shelf that— 

10 (A) is identified by the Secretary as poten11 tially suitable for offshore wind energy develop12 ment; and 

13 (B) is designated as a call area by the Sec14 retary. 

15 (6) DRAFT OFFSHORE WIND ENERGY AREA.— 

16 The term ‘‘draft offshore wind energy area’’ means 

17 an area that— 

18 (A) is within a call area; and 

19 (B) may be designated as a Wind Energy 

20 Area by the Secretary. 

21 (7) ELECTRIC RELIABILITY ORGANIZATION.— 

22 The term ‘‘Electric Reliability Organization’’ has the 

23 meaning given the term in section 215(a) of the 

24 Federal Power Act (16 U.S.C. 824o(a)). 

25 (8) FEDERAL AUTHORIZATION.— 


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1 (A) IN GENERAL.—The term ‘‘Federal au2 thorization’’ means any authorization required 

3 under Federal law in order to site an offshore 

4 wind transmission facility. 

5 (B) INCLUSIONS.—The term ‘‘Federal au6 thorization’’ includes such permits, special use 

7 authorizations, certifications, opinions, or other 

8 approvals as may be required under Federal law 

9 in order to site an offshore wind transmission 

10 facility. 

11 (9) INDEPENDENT SYSTEM OPERATOR.—The 

12 term ‘‘Independent System Operator’’ has the mean13 ing given the term in section 3 of the Federal Power 

14 Act (16 U.S.C. 796). 

15 (10) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

16 has the meaning given the term in section 4 of the 

17 Indian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 5304). 

19 (11) MESHED NETWORK.— 

20 (A) IN GENERAL.—The term ‘‘meshed net21 work’’ means a networked configuration of 

22 power conditioning equipment that allows more 

23 than 1 path to transmit offshore wind energy to 

24 the onshore electric grid, including— 


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1 (i) between 1 or more offshore trans2 mission substations; and 

3 (ii) from 1 or more offshore trans4 mission substations to 2 or more onshore 

5 substations. 

6 (B) INCLUSIONS.—A meshed network may 

7 include a combination of radial lines and back8 bone lines. 

9 (12) OFFSHORE WIND ENERGY AREA.—The 

10 term ‘‘offshore wind energy area’’ means an area 

11 that— 

12 (A) is within a call area; and 

13 (B) is designated as a Wind Energy Area 

14 by the Secretary. 

15 (13) OFFSHORE WIND GENERATION FACIL16 ITY.—The term ‘‘offshore wind generation facility’’ 

17 means a facility that— 

18 (A) is located on the outer Continental 

19 Shelf; and 

20 (B) produces electric energy by the use, as 

21 a primary energy source, of wind energy. 

22 (14) OFFSHORE WIND TRANSMISSION FACIL23 ITY.— 

24 (A) IN GENERAL.—The term ‘‘offshore 

25 wind transmission facility’’ means a facility 


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1 such as a line or cable, and any related infra2 structure or equipment, such as a substation or 

3 converter station, that is used for the trans4 mission of electric energy— 

5 (i) between 2 or more offshore wind 

6 generation facilities, including— 

7 (I) offshore wind generation fa8 cilities within a single offshore wind 

9 project; and 

10 (II) offshore wind generation fa11 cilities in different offshore wind 

12 projects; or 

13 (ii) between 1 or more offshore wind 

14 generation facilities and an interconnection 

15 with an onshore electric grid. 

16 (B) INCLUSIONS.—The term ‘‘offshore 

17 wind transmission facility’’ includes a radial 

18 line, a backbone line, and any transmission line. 

19 (15) OPTIMAL POINT OF INTERCONNECTION.— 

20 The term ‘‘optimal point of interconnection’’ means 

21 a point of interconnection that minimizes— 

22 (A) delays; 

23 (B) local impacts; and 

24 (C) the need for grid upgrades. 


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1 (16) OUTER CONTINENTAL SHELF.—The term 

2 ‘‘outer Continental Shelf’’ has the meaning given the 

3 term in section 2 of the Outer Continental Shelf 

4 Lands Act (43 U.S.C. 1331). 

5 (17) PLANNING AREA.—The term ‘‘planning 

6 area’’ means a planning area described in the docu7 ment entitled ‘‘2019–2024 National OCS Oil and 

8 Gas Leasing Draft Proposed Program’’ and dated 

9 January 2018 (or a subsequent oil and gas leasing 

10 program developed under section 18 of the Outer 

11 Continental Shelf Lands Act (43 U.S.C. 1344)). 

12 (18) RADIAL LINE.—The term ‘‘radial line’’ 

13 means a transmission line that is used to link 1 or 

14 more offshore wind projects to the bulk-power sys15 tem. 

16 (19) REGIONAL TRANSMISSION ORGANIZA17 TION.—The term ‘‘Regional Transmission Organiza18 tion’’ has the meaning given the term in section 3 

19 of the Federal Power Act (16 U.S.C. 796). 

20 (20) REGISTERED APPRENTICESHIP PRO21 GRAM.—The term ‘‘registered apprenticeship pro22 gram’’ means an apprenticeship program registered 

23 under the Act of August 16, 1937 (commonly known 

24 as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, 

25 chapter 663; 29 U.S.C. 50 et seq.). 


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1 (21) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of the Interior. 

3 (22) STATE.—The term ‘‘State’’ has the mean4 ing given the term in section 2 of the Outer Conti5 nental Shelf Lands Act (43 U.S.C. 1331). 

6 (23) TRIBAL ORGANIZATION.—The term ‘‘Trib7 al organization’’ means— 

8 (A) a Tribal organization (as defined in 

9 section 4 of the Indian Self-Determination and 

10 Education Assistance Act (25 U.S.C. 5304)); 

11 and 

12 (B) a Native Hawaiian organization (as 

13 defined in section 2 of the Native American 

14 Graves Protection and Repatriation Act (25 

15 U.S.C. 3001)). 

16 Subtitle A—Offshore Wind 

17 Leadership and Coordination 

18 SEC. 111. OFFSHORE WIND TRANSMISSION TASK FORCE. 

19 (a) DEFINITION OF OFFSHORE WIND TRANSMISSION

20 TASK FORCE.—In this section, the term ‘‘Offshore Wind 

21 Transmission Task Force’’ means, as applicable— 

22 (1) the National Offshore Wind Transmission 

23 Task Force established under subsection (b)(1); or 

24 (2) a regional offshore wind transmission task 

25 force established under subsection (b)(2). 


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1 (b) ESTABLISHMENT.— 

2 (1) NATIONAL TASK FORCE.—Subject to para3 graph (2), not later than 120 days after the date of 

4 enactment of this Act, the Secretary shall establish 

5 and chair a national task force, to be known as the 

6 ‘‘National Offshore Wind Transmission Task 

7 Force’’, to coordinate— 

8 (A) the siting and development of offshore 

9 wind transmission facilities; and 

10 (B) the alignment of the review and au11 thorization processes for offshore wind trans12 mission development, including with respect to 

13 projects and activities at the Federal and State 

14 levels. 

15 (2) REGIONAL TASK FORCES.— 

16 (A) IN GENERAL.—The Secretary may es17 tablish, if the Secretary determines appropriate, 

18 in lieu of a national task force under paragraph 

19 (1), 1 or more regional offshore wind trans20 mission task forces to coordinate the matters 

21 described in subparagraphs (A) and (B) of that 

22 paragraph in particular regions, which may in23 clude leveraging relevant Intergovernmental Re24 newable Energy Task Forces of the Bureau of 

25 Ocean Energy Management. 


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1 (B) CHAIR.—The Secretary shall select a 

2 chair for each regional task force established 

3 under subparagraph (A), which may be the 

4 head of a regional office of the Bureau of 

5 Ocean Energy Management or any other staff 

6 member from such regional office, if the Sec7 retary determines appropriate. 

8 (c) MEMBERS.—An Offshore Wind Transmission 

9 Task Force shall include— 

10 (1) members representing relevant Federal 

11 agencies, including— 

12 (A) the Department of Energy; 

13 (B) the Department of the Interior, includ14 ing— 

15 (i) the Bureau of Ocean Energy Man16 agement; 

17 (ii) the Bureau of Safety and Envi18 ronmental Enforcement; 

19 (iii) the Bureau of Indian Affairs; and 

20 (iv) the United States Fish and Wild21 life Service; 

22 (C) the Department of Defense; 

23 (D) the Department of Commerce, includ24 ing the National Oceanic and Atmospheric Ad25 ministration; 


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1 (E) the Environmental Protection Agency; 

2 (F) the Federal Energy Regulatory Com3 mission; 

4 (G) the Corps of Engineers; 

5 (H) the National Science Foundation; 

6 (I) the Coast Guard; 

7 (J) the Maritime Administration; 

8 (K) the National Aeronautics and Space 

9 Administration; and 

10 (L) any other Federal agency that the Sec11 retary determines to be appropriate; 

12 (2) members representing relevant State gov13 ernments, which may include representatives of rel14 evant State agencies, such as public utility commis15 sions or public service commissions, as determined 

16 by the Secretary; and 

17 (3) members representing relevant Indian 

18 Tribes or Tribal organizations. 

19 (d) FOCUS.—In carrying out the duties described in 

20 subsection (b), an Offshore Wind Transmission Task 

21 Force shall— 

22 (1) advise the Secretary and the Secretary of 

23 Energy with respect to the identification of preferred 

24 routes for transmission cables and optimal points of 

25 interconnection under section 132(a), including 


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1 through the use of models that evaluate spatial suit2 ability; 

3 (2) advise the Secretary on existing and future 

4 transmission availability in developing draft offshore 

5 wind energy areas; 

6 (3) advise the Secretary on matters relating to 

7 the rulemaking under section 133(b), any other rule8 making relating to offshore transmission, and regu9 latory efficiencies relating to offshore transmission; 

10 (4) consider how grant funding, such as grants 

11 provided under section 50152 of Public Law 117– 

12 169 (commonly known as the ‘‘Inflation Reduction 

13 Act of 2022’’) (42 U.S.C. 18715a), can help support 

14 development and siting of offshore transmission pro15 posals and relevant onshore grid upgrades; and 

16 (5) consider how to support the domestic manu17 facturing of offshore wind transmission equipment, 

18 including through support for memoranda of under19 standing between the Federal Government and 

20 States relating to the offshore wind supply chain, 

21 such as the memorandum of understanding entitled 

22 ‘‘Memorandum of Understanding by and among the 

23 United States Department of Energy, the United 

24 States Department of the Interior, the United States 

25 Department of Commerce, and the United States 


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1 Department of Transportation and the States of 

2 Connecticut, Maine, Maryland, Massachusetts, New 

3 Hampshire, New Jersey, New York, North Carolina, 

4 and Rhode Island’’ and dated September 20, 2023. 

5 Subtitle B—Offshore Wind 

6 Generation and Leasing 

7 SEC. 121. OFFSHORE WIND GENERATION AND LEASING. 

8 Section 8(p) of the Outer Continental Shelf Lands 

9 Act (43 U.S.C. 1337(p)) is amended by adding at the end 

10 the following: 

11 ‘‘(11) OFFSHORE WIND LEASING.— 

12 ‘‘(A) DEFINITIONS.—In this paragraph: 

13 ‘‘(i) ADMINISTRATOR.—The term ‘Ad14 ministrator’ means the Administrator of 

15 the National Oceanic and Atmospheric Ad16 ministration. 

17 ‘‘(ii) DRAFT OFFSHORE WIND ENERGY

18 AREA.—The term ‘draft offshore wind en19 ergy area’ has the meaning given the term 

20 in section 101 of the COLLABORATE 

21 Act. 

22 ‘‘(iii) INDIAN TRIBE.—The term ‘In23 dian Tribe’ has the meaning given the 

24 term in section 101 of the COLLABO25 RATE Act. 


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1 ‘‘(iv) OFFSHORE WIND ENERGY

2 AREA.—The term ‘offshore wind energy 

3 area’ has the meaning given the term in 

4 section 101 of the COLLABORATE Act. 

5 ‘‘(v) TRIBAL ORGANIZATION.—The 

6 term ‘Tribal organization’ has the meaning 

7 given the term in section 101 of the COL8 LABORATE Act. 

9 ‘‘(B) IN GENERAL.— 

10 ‘‘(i) LEASING SCHEDULE FOR OFF11 SHORE WIND ENERGY GENERATION.— 

12 ‘‘(I) IN GENERAL.—The Sec13 retary, in accordance with clause (ii), 

14 shall publish, periodically update, and 

15 issue public notice with respect to, a 

16 5-year schedule of areas in which an 

17 offshore wind energy area may be 

18 available for leasing in the future for 

19 purposes of offshore wind energy gen20 eration. 

21 ‘‘(II) REQUIREMENTS.—A leas22 ing schedule published under sub23 clause (I) shall— 

24 ‘‘(aa) be reviewed, and, as 

25 determined by the Secretary to 


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1 be necessary, updated not less 

2 frequently than once every 2 

3 years; 

4 ‘‘(bb) to the maximum ex5 tent practicable, indicate— 

6 ‘‘(AA) the timing of 

7 area identification activities; 

8 ‘‘(BB) the timing of 

9 designation of any area to 

10 be leased within the applica11 ble area; and 

12 ‘‘(CC) the timing of 

13 each lease sale; and 

14 ‘‘(cc) provide an update on 

15 the status of each existing off16 shore wind energy area. 

17 ‘‘(ii) LIAISONS.— 

18 ‘‘(I) IN GENERAL.—Subject to 

19 subclause (III), for each area identi20 fied in a lease schedule published 

21 under clause (i)(I) or for each re22 search lease granted by the Bureau of 

23 Ocean Energy Management, the Sec24 retary and the Administrator shall 

25 each appoint a designated liaison from 


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1 their agencies to conduct outreach to 

2 potentially affected groups, includ3 ing— 

4 ‘‘(aa) States; 

5 ‘‘(bb) local communities; 

6 ‘‘(cc) fishermen; 

7 ‘‘(dd) Indian Tribes and 

8 Tribal organizations; and 

9 ‘‘(ee) other potentially af10 fected groups, as determined by 

11 the Secretary and the Adminis12 trator. 

13 ‘‘(II) DISCONTINUANCE.—For 

14 each area identified in a lease sched15 ule published under clause (i)(I), the 

16 Secretary and the Administrator may 

17 discontinue a designated liaison if, fol18 lowing a request for information and 

19 call for interest, there is no commer20 cial interest in offshore wind in the 

21 applicable area. 

22 ‘‘(III) EXCEPTION.—This clause 

23 shall not apply to a draft offshore 

24 wind energy area on the outer Conti25 nental Shelf existing prior to the date 


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1 of enactment of the COLLABORATE 

2 Act. 

3 ‘‘(iii) AREA IMPACT STUDY.— 

4 ‘‘(I) IN GENERAL.—Beginning 2 

5 years after the date of enactment of 

6 the COLLABORATE Act, for each 

7 area included in a lease schedule pub8 lished under clause (i)(I), the Sec9 retary shall— 

10 ‘‘(aa) conduct an area im11 pact study to evaluate the poten12 tial impact on the human, ma13 rine, and coastal environments of 

14 the development of wind energy 

15 in that area, in order to inform 

16 the identification of draft off17 shore wind energy areas in that 

18 area; and 

19 ‘‘(bb) provide an opportunity 

20 for public comment for not less 

21 than 30 days. 

22 ‘‘(II) CONSIDERATIONS.—In car23 rying out an area impact study under 

24 subclause (I), the Secretary may— 


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1 ‘‘(aa) consider the compat2 ibility of development of offshore 

3 wind energy in the applicable 

4 area with regional and State cli5 mate, energy, and conservation 

6 planning; 

7 ‘‘(bb) use information from 

8 available assessments from the 

9 National Oceanic and Atmos10 pheric Administration, such as 

11 integrated ecosystem assess12 ments; 

13 ‘‘(cc) identify areas for 

14 which there is insufficient 

15 science, mapping, and data; and 

16 ‘‘(dd) undertake additional 

17 data collection efforts where 

18 science, mapping, and data are 

19 found to be insufficient. 

20 ‘‘(III) METHODS.—In carrying 

21 out an area impact study under sub22 clause (I), the Secretary shall incor23 porate and use the best available ex24 isting science and data, including, at 

25 a minimum, appropriate suitability 


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1 models such as the spatial suitability 

2 models developed by the National 

3 Centers for Coastal Ocean Science of 

4 the National Oceanic and Atmospheric 

5 Administration. 

6 ‘‘(IV) USE OF DATA AND ASSESS7 MENTS.— 

8 ‘‘(aa) IN GENERAL.—The 

9 Secretary may use the data and 

10 assessments from area impact 

11 studies conducted under this 

12 clause in determining which por13 tions of an area or region the 

14 Secretary should be made avail15 able for leasing. 

16 ‘‘(bb) OTHER AGENCIES.— 

17 To the extent practicable and as 

18 applicable, other Federal agencies 

19 may consider the data and as20 sessments from area impact stud21 ies conducted under this clause in 

22 making permitting and author23 ization decisions. 

24 ‘‘(V) NEPA APPLICABILITY.—An 

25 area impact study conducted by the 


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1 Secretary under subclause (I) shall 

2 not be considered a major Federal ac3 tion. 

4 ‘‘(VI) CONSULTATION AND SUP5 PORT.—In conducting an area impact 

6 study under subclause (I), the Sec7 retary may consult with, and request 

8 assistance from, other Federal agen9 cies. 

10 ‘‘(VII) STUDY DURATION.—An 

11 area impact study conducted under 

12 subclause (I) shall be completed in not 

13 more than 2 years. 

14 ‘‘(iv) GRANTS FOR CAPACITY BUILD15 ING AND COMMUNITY ENGAGEMENT.— 

16 ‘‘(I) IN GENERAL.—On com17 mencement of an area impact study 

18 under clause (iii), the Secretary, in 

19 collaboration with the Administrator, 

20 may award capacity grants to relevant 

21 individuals and entities in the applica22 ble region to enhance engagement op23 portunities relating to environmental 

24 reviews, permitting activities, or other 

25 authorizations. 


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1 ‘‘(II) PURPOSES.—Grants award2 ed under this clause shall be for— 

3 ‘‘(aa) enabling States, In4 dian Tribes, Tribal organizations, 

5 fishermen, universities, and non6 profit organizations that rep7 resent the fishing industry or 

8 other potentially affected commu9 nities and ocean users to compile 

10 data, conduct impartial analyses, 

11 objectively educate groups and 

12 communities, and complete other 

13 activities relating to offshore 

14 wind environmental reviews, per15 mits, and consultations; 

16 ‘‘(bb) engaging in planning 

17 activities and in the development 

18 of offshore wind for the purposes 

19 of— 

20 ‘‘(AA) determining po21 tential economic, social, pub22 lic health, cultural, and envi23 ronmental impacts; and 


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1 ‘‘(BB) identifying op2 portunities to mitigate those 

3 potentially negative impacts; 

4 ‘‘(cc) facilitating wind en5 ergy siting; and 

6 ‘‘(dd) training, hiring of per7 sonnel, and other activities de8 signed to increase the capacity of 

9 States, Indian Tribes, Tribal or10 ganizations, universities, and 

11 nonprofit organizations, as appli12 cable, to carry out activities de13 scribed in items (aa) through 

14 (cc). 

15 ‘‘(III) CAPACITY GRANT FUND16 ING.—There is authorized to be ap17 propriated to the Secretary to carry 

18 out this clause $25,000,000 for each 

19 of fiscal years 2026 through 2030, of 

20 which not less than 2 percent shall be 

21 allocated each fiscal year for use by 

22 Indian Tribes and Tribal organiza23 tions. 

24 ‘‘(v) IDENTIFICATION OF DRAFT OFF25 SHORE WIND ENERGY AREAS.— 


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1 ‘‘(I) IN GENERAL.—Taking into 

2 account the results of public and 

3 group engagement and the call for in4 terest under clause (ii), any applicable 

5 area impact study under clause (iii), 

6 any community engagement activities 

7 under clause (iv), and other factors as 

8 determined by the Secretary, the Sec9 retary may identify an area as a draft 

10 offshore wind energy area. 

11 ‘‘(II) FACTORS FOR CONSIDER12 ATION.—In identifying draft offshore 

13 wind energy areas under subclause 

14 (I), the Secretary shall consider— 

15 ‘‘(aa) potential power capac16 ity; 

17 ‘‘(bb) commercial viability; 

18 ‘‘(cc) existing and future on19 shore and offshore transmission 

20 availability and capacity; 

21 ‘‘(dd) conflicts with other 

22 potential ocean uses, resources, 

23 and users; 

24 ‘‘(ee) prevailing wind direc25 tion and minimal wake effects; 


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1 ‘‘(ff) distance to shore port 

2 infrastructure; and 

3 ‘‘(gg) other requirements 

4 under paragraph (4). 

5 ‘‘(III) COLLABORATION.—For 

6 purposes relating to the identification 

7 of draft offshore wind energy areas, 

8 the Secretary and the Administrator 

9 shall— 

10 ‘‘(aa) engage potentially af11 fected groups identified under 

12 clause (ii)(I); and 

13 ‘‘(bb) consult with— 

14 ‘‘(AA) relevant Inter15 governmental Renewable 

16 Energy Task Forces estab17 lished by the Secretary; 

18 ‘‘(BB) relevant regional 

19 ocean partnerships; 

20 ‘‘(CC) fishery manage21 ment councils; and 

22 ‘‘(DD) interstate fish23 eries commissions. 

24 ‘‘(vi) COEXISTENCE FUND.—Activities 

25 described in subsection (b)(1) of section 


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1 204 of the COLLABORATE Act that are 

2 carried out in an area for which a leasing 

3 schedule is published under clause (i)(I) 

4 shall be eligible for funding provided from 

5 the Offshore Wind and Fisheries Coexist6 ence Fund established by subsection (a)(1) 

7 of that section. 

8 ‘‘(vii) FISHERIES MITIGATION COM9 PENSATION.—The Secretary, acting 

10 through the Director of the Bureau of 

11 Ocean Energy Management, shall require 

12 offshore wind lease holders to include fish13 eries compensation as part of the leasing 

14 process for offshore wind energy, in ac15 cordance with section 34(b).’’. 

16 SEC. 122. OFFSHORE WIND LEASE AUCTIONS. 

17 (a) IN GENERAL.—In awarding an offshore wind 

18 lease under section 8(p) of the Outer Continental Shelf 

19 Lands Act (43 U.S.C. 1337(p)), the Secretary may offer 

20 bidding credits for nonmonetary factors and commitments 

21 made by the bidder— 

22 (1) to support or increase access to registered 

23 apprenticeship programs and pre-apprenticeship pro24 grams that have an articulation agreement with a 


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1 registered apprenticeship program for offshore wind 

2 energy projects; 

3 (2) to support development of domestic supply 

4 chains for offshore wind projects, including develop5 ment of ports and other energy infrastructure nec6 essary to facilitate offshore wind energy projects; 

7 (3) to establish with 1 or more communities or 

8 groups that may be potentially impacted by a pro9 posed project, which may include eligible entities (as 

10 determined by the Secretary), a community benefit 

11 agreement that— 

12 (A) may include workforce agreements, 

13 project labor agreements, grants, and nonmone14 tary investments; and 

15 (B) prioritizes legally binding agreements 

16 described in subparagraph (A); 

17 (4) to make investments to evaluate, monitor, 

18 improve, and mitigate impacts to the health and bio19 diversity of ecosystems and wildlife within the leased 

20 area, to include relevant ecosystems and wildlife that 

21 could be impacted by the proposed offshore wind en22 ergy project; 

23 (5) to use preferred cable routes identified 

24 under section 132(a); and 


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1 (6) to make other investments, as determined 

2 appropriate by the Secretary. 

3 (b) BIDDING CREDIT CAP.—In a leasing bid under 

4 subsection (a), the combined value of bidding credits for 

5 any non-monetary factors or commitments shall not ex6 ceed 25 percent of the bid amount for the lease area. 

7 (c) REQUIREMENTS.—Section 8(p) of the Outer Con8 tinental Shelf Lands Act (43 U.S.C. 1337(p)) is amended 

9 by striking paragraph (4) and inserting the following: 

10 ‘‘(4) REQUIREMENTS.—The Secretary shall en11 sure that any activity under this subsection is car12 ried out in a manner that provides for a balance 

13 of— 

14 ‘‘(A) safety; 

15 ‘‘(B) the protection of the environment; 

16 ‘‘(C) the prevention of waste; 

17 ‘‘(D) the conservation of the natural re18 sources of the outer Continental Shelf; 

19 ‘‘(E) coordination with relevant Federal 

20 agencies and Tribal, State, and local govern21 ments; 

22 ‘‘(F) the protection of the national security 

23 interests of the United States, including energy 

24 security; 


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1 ‘‘(G) the protection of correlative rights in 

2 the outer Continental Shelf, including the en3 ergy generation potential of other offshore re4 newable energy leases; 

5 ‘‘(H) a fair return to the United States for 

6 any lease, easement, or right-of-way under this 

7 subsection; 

8 ‘‘(I) prevention of unreasonable inter9 ference with other uses of the exclusive eco10 nomic zone, the high seas, and the territorial 

11 seas, as determined by the Secretary; 

12 ‘‘(J) consideration of— 

13 ‘‘(i) the location of, and any schedule 

14 relating to, a lease, easement, or right-of15 way for an area of the outer Continental 

16 Shelf; and 

17 ‘‘(ii) any other use of the sea or sea18 bed, including use for a fishery or fishery 

19 survey, a sealane, a regional coastal ob20 serving system or other scientific observa21 tion platform such as a buoy, a potential 

22 site of a deepwater port, or navigation; 

23 ‘‘(K) public notice and comment on any 

24 proposal submitted for a lease, easement, or 

25 right-of-way under this subsection; 


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1 ‘‘(L) the oversight, inspection, research, 

2 monitoring, and enforcement relating to a lease, 

3 easement, or right-of-way under this subsection; 

4 and 

5 ‘‘(M) the consideration of any applicable 

6 Federal, Tribal, and State renewable energy 

7 mandates, targets, and goals.’’. 

8 (d) PROJECT MANAGER.— 

9 (1) IN GENERAL.—For each offshore wind 

10 project within a lease awarded under section 8(p) of 

11 the Outer Continental Shelf Lands Act (43 U.S.C. 

12 1337(p)), the Secretary, the Administrator, and the 

13 Secretary of the Army, acting through the Chief of 

14 Engineers, shall each assign a designated project 

15 manager to oversee, commensurate with agency au16 thorities, the offshore wind project from the point of 

17 award through the end of the construction process. 

18 (2) COORDINATION AND COLLABORATION.—A 

19 project manager designated under paragraph (1) 

20 shall coordinate and collaborate with the applicable 

21 project coordinator from the Bureau of Ocean En22 ergy Management for the project. 

23 (e) SITE CONTROL.—The offshore wind lease holder 

24 under this section shall be considered to have site control 

25 for purposes of submitting an interconnection request in 


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1 accordance with the pro forma Large Generator Inter2 connection Procedures of the Federal Energy Regulatory 

3 Commission promulgated pursuant to section 35.28(f) of 

4 title 18, Code of Federal Regulations (or successor regula5 tions). 

6 SEC. 123. OFFSHORE WIND PERMITTING AND AUTHORIZA7 TIONS. 

8 (a) CONSTRUCTION AND OPERATIONS PLAN RE9 QUIREMENTS.—The Secretary shall require a construction 

10 and operations plan for an offshore wind energy genera11 tion project submitted for review and approval under the 

12 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

13 seq.), to include— 

14 (1) a list of— 

15 (A) all agencies that the applicant con16 sulted with prior to submission of the construc17 tion and operations plan, such as— 

18 (i) the Military Aviation and Installa19 tion Assurance Siting Clearinghouse of the 

20 Department of Defense; 

21 (ii) the National Oceanic and Atmos22 pheric Administration; 

23 (iii) the United States Fish and Wild24 life Service; 

25 (iv) the Coast Guard; 


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1 (v) the Corps of Engineers; 

2 (vi) the National Park Service; and 

3 (vii) affected State government agen4 cies; 

5 (B) agency points of contact for each agen6 cy listed pursuant to subparagraph (A); 

7 (C) the dates of meetings with any agen8 cies listed pursuant to subparagraph (A); 

9 (D) the outcomes of the meetings listed 

10 pursuant to subparagraph (C); and 

11 (E) all Federal, State, Tribal, and local 

12 authorizations, approvals, consultations, or per13 mits required to conduct the proposed activities; 

14 (2) a list cataloguing outreach to potentially af15 fected groups; 

16 (3) feedback received from potentially affected 

17 groups; 

18 (4) a notation as to what feedback was incor19 porated into the plan and an explanation for feed20 back not incorporated; and 

21 (5) any other requirements, as determined by 

22 the Secretary. 

23 (b) OUTSTANDING AGENCY AUTHORIZATIONS.—All 

24 participating agencies shall issue a decision on all outVerDate Sep 11 2014 01:53 Dec 31, 2024 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S5441.IS S5441

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1 standing permits or authorizations not later than 150 days 

2 after the Secretary issues the applicable record of decision. 

3 (c) COASTAL ZONE MANAGEMENT ACT REVIEW.— 

4 State review under the Coastal Zone Management Act of 

5 1972 (16 U.S.C. 1451 et seq.) shall commence as soon 

6 as practicable after the Secretary issues a draft environ7 mental impact statement. 

8 Subtitle C—Offshore Wind 

9 Transmission 

10 SEC. 131. OFFSHORE WIND TRANSMISSION RESEARCH AND 

11 DEVELOPMENT. 

12 (a) VOLUNTARY DESIGN STANDARDS.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of enactment of this Act, the Secretary of 

15 Energy (referred to in this section as the ‘‘Sec16 retary’’) shall initiate the development of rec17 ommended network-ready design standards for off18 shore high-voltage alternating current and high-volt19 age direct current equipment for voluntary adoption 

20 and use by States and the Federal Government. 

21 (2) COORDINATION.—In developing rec22 ommended network-ready design standards under 

23 paragraph (1), the Secretary shall coordinate with— 

24 (A) the Electric Reliability Organization; 


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1 (B) the Federal Energy Regulatory Com2 mission; 

3 (C) the Bureau of Ocean Energy Manage4 ment; 

5 (D) other relevant Federal agencies, as the 

6 Secretary determines to be necessary; 

7 (E) Regional Transmission Organizations 

8 and Independent System Operators; 

9 (F) the Institute of Electrical and Elec10 tronics Engineers; and 

11 (G) other organizations, as the Secretary 

12 determines necessary. 

13 (b) INTEROPERABILITY OF OFFSHORE TRANS14 MISSION INFRASTRUCTURE.— 

15 (1) STUDY.—Not later than 1 year after the 

16 date of enactment of this Act, the Secretary shall 

17 conduct, and publish on the website of the Depart18 ment of Energy a report describing the results of, a 

19 study that assesses the need to, and challenges of, 

20 developing and standardizing interoperable equip21 ment and systems in support of shared offshore 

22 transmission networks, including— 

23 (A) technologies and associated costs; 

24 (B) timelines for development; 


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1 (C) parameters of equipment, such as 

2 weight and size; and 

3 (D) compatibility of the technologies with 

4 fixed and floating offshore generation facilities. 

5 (2) RECOMMENDATIONS.— 

6 (A) DEFINITION OF SEAM.—In this para7 graph, the term ‘‘seam’’ means a shared geo8 graphic or economic boundary between— 

9 (i) an onshore electric energy trans10 mission system and an offshore electric en11 ergy transmission system; or 

12 (ii) the transmission systems of 2 or 

13 more offshore wind energy projects. 

14 (B) INTEROPERABILITY ACROSS SEAMS.— 

15 The study under paragraph (1) may include 

16 recommendations for Congress, State, Tribal, 

17 and local governments, manufacturers of elec18 tric grid components, systems, and technologies, 

19 Regional Transmission Organizations, Inde20 pendent System Operators, transmission plan21 ning regions (as defined by the Federal Energy 

22 Regulatory Commission), offshore renewable en23 ergy project developers, and appropriate stand24 ards organizations to help ensure interoper25 ability across seams. 


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1 (3) INDUSTRY SURVEY.—The Secretary shall 

2 conduct, and use to inform the study under para3 graph (1), an offshore wind industry survey that— 

4 (A) identifies any existing relevant inter5 operability standards; and 

6 (B) reviews common offshore wind trans7 mission equipment ratings to identify gaps and 

8 issues of incompatibility. 

9 (4) INTEROPERABILITY STANDARD DEVELOP10 MENT PROGRAM.— 

11 (A) IN GENERAL.—Not later than 2 years 

12 after the date of enactment of this Act, the Sec13 retary shall establish and implement a program 

14 (referred to in this paragraph as the ‘‘pro15 gram’’) to identify, develop, support, and docu16 ment a standard for the interoperability of elec17 tric grid components, systems, and technologies 

18 to accelerate the implementation and delivery of 

19 electricity generated by offshore renewable en20 ergy projects through shared transmission in21 frastructure. 

22 (B) GOALS.—The goals of developing an 

23 interoperability standard under the program 

24 shall be— 


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1 (i) to hasten adoption of shared trans2 mission infrastructure for offshore elec3 tricity generation by encouraging coopera4 tion among manufacturers of electric grid 

5 components, systems, or technologies, for 

6 the purposes of— 

7 (I) maximizing interoperability 

8 among the systems, products, tools, 

9 and applications of those manufactur10 ers; 

11 (II) reducing offshore renewable 

12 energy project delays and cost over13 runs; 

14 (III) managing power grid com15 plexity; and 

16 (IV) enhancing grid resilience, 

17 reliability, and cybersecurity; and 

18 (ii) to establish technical baseline re19 quirements to effectively and securely 

20 measure, monitor, control, and protect 

21 electricity generation and transmission in22 frastructure from the point of generation 

23 to the control center. 

24 (C) FINANCIAL ASSISTANCE.—In carrying 

25 out the program, the Secretary may provide fiVerDate Sep 11 2014 01:53 Dec 31, 2024 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S5441.IS S5441

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1 nancial assistance to eligible entities (as deter2 mined by the Secretary) to carry out activities 

3 that— 

4 (i) engage equipment manufacturers 

5 and industry stakeholders in collaborative 

6 platforms, including workshops and fo7 rums; 

8 (ii) identify current challenges and 

9 propose solutions to improve interoper10 ability; and 

11 (iii) develop an industry interoper12 ability standard that meets the goals de13 scribed in subparagraph (B) for voluntary 

14 implementation. 

15 (D) AUTHORIZATION OF APPROPRIA16 TIONS.—There is authorized to be appropriated 

17 to the Secretary to carry out the program 

18 $5,000,000 for fiscal year 2026, to remain 

19 available until expended. 

20 (c) CENTER OF EXCELLENCE FOR MULTITERMINAL

21 HIGH-VOLTAGE DIRECT CURRENT TESTING AND CER22 TIFICATION.— 

23 (1) IN GENERAL.—Not later than 270 days 

24 after the date of enactment of this Act, the Sec25 retary shall establish, as a public-private partnership 


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1 between 1 or more National Laboratories and 1 or 

2 more parties described in paragraph (2), a center, to 

3 be known as the ‘‘Center of Excellence for Multiter4 minal High-Voltage Direct Current Testing and Cer5 tification’’— 

6 (A) to test— 

7 (i) high-voltage direct current compo8 nents; and 

9 (ii) interactions— 

10 (I) between high-voltage direct 

11 current components from different 

12 equipment manufacturers; and 

13 (II) between high-voltage direct 

14 current components and alternating 

15 current devices; and 

16 (B) to ensure the compatibility of different 

17 devices before installation. 

18 (2) PARTIES DESCRIBED.—A party referred to 

19 in paragraph (1) is— 

20 (A) a member of the offshore wind indus21 try; 

22 (B) a high-voltage direct current equip23 ment vendor; 

24 (C) a transmission provider; 

25 (D) a research university; or 


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1 (E) any other relevant organization, as the 

2 Secretary determines to be appropriate. 

3 (3) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this subsection $100,000,000 for fiscal year 2026, to 

6 remain available until expended. 

7 (d) OFFSHORE WIND TRANSMISSION RESEARCH AND

8 DEVELOPMENT.— 

9 (1) IN GENERAL.—Not later than 270 days 

10 after the date of enactment of this Act, the Sec11 retary shall establish a program for, or modify an 

12 existing program to include, the research, develop13 ment, demonstration, and deployment of offshore 

14 wind transmission technology, including with respect 

15 to— 

16 (A) high-voltage direct current technology; 

17 (B) offshore transmission, including float18 ing transmission components; 

19 (C) transmission optimization through 

20 grid-enhancing technologies; and 

21 (D) capabilities of inverter-based resources, 

22 including to increase the reliability and resil23 ience of offshore and onshore transmission and 

24 the needed models, data, and tools. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary to carry out the program established under 

4 paragraph (1) $100,000,000 for each of fiscal years 

5 2026 through 2030. 

6 SEC. 132. OFFSHORE WIND TRANSMISSION PLANNING. 

7 (a) IDENTIFICATION OF PREFERRED ROUTES.— 

8 (1) INITIAL IDENTIFICATION.—Not later than 2 

9 years after the date of enactment of this Act, the 

10 Secretary and the Secretary of Energy (referred to 

11 in this section as the ‘‘Secretaries’’), in coordination 

12 with the applicable Offshore Wind Transmission 

13 Task Force (as defined in section 111(a)) and rel14 evant Federal agencies involved in the permitting of 

15 offshore wind generation facilities and offshore wind 

16 transmission facilities, shall identify preferred routes 

17 on the outer Continental Shelf for transmission ca18 bles and sub-seabed infrastructure (where such 

19 routes have not yet been identified)— 

20 (A) between offshore wind generation fa21 cilities; and 

22 (B) between offshore wind generation fa23 cilities and optimal points of interconnection 

24 with onshore electric grids. 


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1 (2) PERIODIC REVIEW.—Not less frequently 

2 than once every 3 years after the initial identifica3 tion of preferred routes in accordance with para4 graph (1), the Secretaries, in coordination with the 

5 applicable Offshore Wind Transmission Task Force 

6 (as defined in section 111(a)) and relevant Federal 

7 agencies involved in the permitting of offshore wind 

8 generation facilities and offshore wind transmission 

9 facilities, shall— 

10 (A) determine whether additional preferred 

11 routes are needed; and 

12 (B) if applicable, identify any additional 

13 preferred routes. 

14 (b) CONSIDERATIONS.— 

15 (1) IN GENERAL.—In identifying preferred 

16 routes under subsection (a), the Secretaries shall 

17 take into account— 

18 (A) existing rights-of-way and existing sub19 seabed infrastructure; 

20 (B) the optimal points of interconnection 

21 between offshore wind generation facilities and 

22 onshore electric grids; and 

23 (C) impacts on the marine environment, 

24 including critical habitats or protected areas, 

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1 dangered species, and other ocean users, includ2 ing fisheries. 

3 (2) PLANNING AREA STUDIES.—Not later than 

4 1 year after the date of enactment of this Act, and 

5 every 3 years thereafter for so long as the Secretary 

6 is developing new lease areas for offshore wind de7 velopment for the applicable planning area, the Sec8 retary of Energy, in coordination with the Secretary, 

9 shall conduct 1 or more planning area studies for 

10 that planning area to determine the optimal loca11 tions for transmission cables in networked and 

12 backboned topologies, which shall help to inform the 

13 identification of preferred routes under subsection 

14 (a). 

15 (3) CONSIDERATION OF STUDIES.—In identi16 fying preferred routes under subsection (a), the Sec17 retaries shall take into account, as appropriate, any 

18 applicable findings from— 

19 (A) the Atlantic Offshore Wind Trans20 mission Study carried out by the National Re21 newable Energy Laboratory of the Department 

22 of Energy; 

23 (B) any subsequent offshore transmission 

24 study carried out by the Department of Energy 


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1 for the Pacific Region or the Gulf of Mexico; 

2 and 

3 (C) any other relevant offshore wind trans4 mission study. 

5 (c) DESIGNATION OF OFFSHORE WIND TRANS6 MISSION CORRIDORS.— 

7 (1) DESIGNATION.—The Secretary of Energy 

8 shall designate each preferred route identified under 

9 subsection (a) as an ‘‘Offshore Wind Transmission 

10 Corridor’’. 

11 (2) EFFECT OF DESIGNATION.— 

12 (A) ELIGIBILITY FOR NIETC FUNDING.— 

13 (i) DEFINITION OF NATIONAL INTER14 EST ELECTRIC TRANSMISSION COR15 RIDOR.—In this subparagraph, the term 

16 ‘‘national interest electric transmission cor17 ridor’’ means a national interest electric 

18 transmission corridor designated by the 

19 Secretary of Energy under section 216(a) 

20 of the Federal Power Act (16 U.S.C. 

21 824p(a)). 

22 (ii) ELIGIBILITY FOR ASSISTANCE.— 

23 Notwithstanding any other provision of 

24 law, including section 216(a) the Federal 

25 Power Act (16 U.S.C. 824p(a))— 


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1 (I) an Offshore Wind Trans2 mission Corridor designated under 

3 paragraph (1) shall be considered to 

4 be a national interest electric trans5 mission corridor for purposes of any 

6 law under which the Secretary of En7 ergy may provide financial or other 

8 assistance for a national interest elec9 tric transmission corridor or a facility 

10 within a national interest electric 

11 transmission corridor; and 

12 (II) pursuant to subclause (I), an 

13 Offshore Wind Transmission Corridor 

14 designated under paragraph (1) and a 

15 transmission facility described in 

16 clause (iii) shall be eligible for finan17 cial and other assistance provided by 

18 the Secretary of Energy, including a 

19 direct loan or loan guarantee under 

20 section 50151 of Public Law 117–169 

21 (commonly known as the ‘‘Inflation 

22 Reduction Act of 2022’’) (42 U.S.C. 

23 18715), to the same extent as a na24 tional interest electric transmission 

25 corridor or facility within a national 


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1 interest electric transmission corridor, 

2 as applicable. 

3 (iii) TRANSMISSION FACILITY DE4 SCRIBED.— 

5 (I) IN GENERAL.—A trans6 mission facility referred to in clause 

7 (ii)(II) is any cable or other offshore 

8 wind transmission facility— 

9 (aa) that is located entirely 

10 within an Offshore Wind Trans11 mission Corridor; 

12 (bb) that utilizes at least 50 

13 percent of the length of an Off14 shore Wind Transmission Cor15 ridor; or 

16 (cc) with respect to which 

17 the Secretary makes the discre18 tionary determination described 

19 in subclause (II). 

20 (II) DISCRETIONARY DETER21 MINATION.—At the discretion of the 

22 Secretary, the Secretary may deter23 mine that a cable or other offshore 

24 wind transmission facility is a trans25 mission facility referred to in clause 


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1 (ii)(II) if the Secretary determines 

2 that a majority of the cable or other 

3 transmission facility runs parallel to 

4 an Offshore Wind Transmission Cor5 ridor. 

6 (iv) SAVINGS PROVISION.—Clause (ii) 

7 does not— 

8 (I) alter or otherwise affect— 

9 (aa) the authority of the 

10 Federal Energy Regulatory Com11 mission under section 216(b) of 

12 the Federal Power Act (16 

13 U.S.C. 824p(b)) (commonly 

14 known as the ‘‘backstop siting 

15 authority’’ of the Commission); 

16 (bb) the authority of the 

17 Secretary of Energy under sub18 section (a) or (h) of section 216 

19 of that Act (16 U.S.C. 824p); or 

20 (cc) any other authority of a 

21 Federal, State, local, or Tribal 

22 agency or authority, or interstate 

23 compact, with respect to a na24 tional interest electric trans25 mission corridor; or 


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1 (II) render an Offshore Wind 

2 Transmission Corridor subject to any 

3 authority described in subclause (I). 

4 (B) TRANSMISSION FACILITATION PRO5 GRAM.—Notwithstanding any other provision of 

6 law, a transmission cable in an Offshore Wind 

7 Transmission Corridor designated under para8 graph (1) shall be considered to be an eligible 

9 electric power transmission line (as defined in 

10 section 40106(a) of the Infrastructure Invest11 ment and Jobs Act (42 U.S.C. 18713(a))) for 

12 purposes of that section. 

13 (C) DOE PROGRAM TO FUND SURVEY

14 WORK.— 

15 (i) IN GENERAL.—Not later than 1 

16 year after the date of enactment of this 

17 Act, the Secretary of Energy shall estab18 lish a program to provide funding for 

19 geotechnical and geophysical surveys and 

20 marine resource assessments relating to 

21 the siting of transmission cables or other 

22 offshore wind transmission facilities pro23 posed to be located within an Offshore 

24 Wind Transmission Corridor. 


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1 (ii) REQUIREMENT.—Funds provided 

2 under the program established under 

3 clause (i) shall be used for geotechnical 

4 and geophysical survey work to determine 

5 the suitability of 1 or more locations, in6 cluding any potential route, for a trans7 mission cable or other offshore wind trans8 mission facility within the applicable Off9 shore Wind Transmission Corridor. 

10 (iii) NEPA APPLICABLILITY.—The 

11 provision of funds under the program es12 tablished under clause (i), and the use of 

13 those funds in accordance with clause (ii), 

14 shall not be considered a major Federal ac15 tion (as defined in section 111 of the Na16 tional Environmental Policy Act of 1969 

17 (42 U.S.C. 4336e)) for purposes of that 

18 Act (42 U.S.C. 4321 et seq.). 

19 (iv) AUTHORIZATION OF APPROPRIA20 TIONS.—There is authorized to be appro21 priated to the Secretary of Energy to carry 

22 out this subsection $100,000,000 for each 

23 of fiscal years 2025 through 2030. 

24 (d) NEPA APPLICABILITY.—The identification of 

25 preferred routes under subsection (a) and the designation 


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1 of Offshore Wind Transmission Corridors under sub2 section (c) shall not be considered a major Federal action 

3 (as defined in section 111 of the National Environmental 

4 Policy Act of 1969 (42 U.S.C. 4336e)) for purposes of 

5 that Act (42 U.S.C. 4321 et seq.). 

6 SEC. 133. OFFSHORE WIND TRANSMISSION SITING, PERMIT7 TING, AND AUTHORIZATIONS. 

8 (a) LEAD AGENCY.— 

9 (1) IN GENERAL.—With respect to an offshore 

10 wind transmission facility, the Department of the 

11 Interior shall act as the lead agency for purposes of 

12 coordinating all applicable Federal authorizations 

13 and related environmental reviews of the facility. 

14 (2) DEADLINES AND MILESTONES.—As head of 

15 the lead agency, the Secretary shall establish prompt 

16 and binding intermediate milestones and ultimate 

17 deadlines for the review of, and Federal authoriza18 tion decisions relating to, the proposed facility. 

19 (b) RULEMAKING.— 

20 (1) IN GENERAL.—Not later than 18 months 

21 after the date of enactment of this Act, the Sec22 retary, in coordination with other relevant Federal 

23 agencies, shall issue, pursuant to section 5 of the 

24 Outer Continental Shelf Lands Act (43 U.S.C. 


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1 1334), a final rule relating to Federal authorizations 

2 for offshore wind transmission facilities. 

3 (2) CONSIDERATIONS.—In carrying out para4 graph (1), the Secretary shall consider— 

5 (A) establishing 1 or more procedures for 

6 soliciting information about existing and poten7 tial rights-of-way; 

8 (B) establishing a process for determining 

9 interest in the use of 1 or more rights-of-way, 

10 including backboned or meshed rights-of-way; 

11 (C) establishing a process for the issuance 

12 of rights-of-way, on a competitive or non13 competitive basis, as appropriate, which may in14 clude consideration of whether a developer— 

15 (i) has an award from a State via a 

16 competitive process; 

17 (ii) has an existing agreement to 

18 interconnect a transmission project; or 

19 (iii) has submitted an interconnection 

20 request in accordance with the pro forma 

21 Large Generator Interconnection Proce22 dures promulgated pursuant to section 

23 35.28(f) of title 18, Code of Federal Regu24 lations (or successor regulations); 


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1 (D) any requirements relating to environ2 mental reviews for— 

3 (i) independent transmission projects; 

4 and 

5 (ii) transmission projects within exist6 ing rights-of-way; and 

7 (E) the requirements described in section 

8 8(p)(4) of the Outer Continental Shelf Lands 

9 Act (43 U.S.C. 1337(p)(4)). 

10 (c) AMENDMENT.—Section 8(p)(3) of the Outer Con11 tinental Shelf Lands Act (43 U.S.C. 1337(p)(3)) is 

12 amended— 

13 (1) by striking ‘‘, the Secretary shall issue a 

14 lease, easement, or right-of-way’’ and inserting the 

15 following: ‘‘(43 U.S.C. 1337 note; Public Law 109– 

16 58), the Secretary— 

17 ‘‘(A) shall issue a lease or easement’’; and 

18 (2) in subparagraph (A) (as so designated)— 

19 (A) by striking ‘‘lease, easement, or right20 of-way’’ and inserting ‘‘lease or easement’’; and 

21 (B) by striking the period at the end and 

22 inserting the following: ‘‘; and 

23 ‘‘(B) may issue a right-of-way on a com24 petitive or noncompetitive basis, as the Sec25 retary determines to be appropriate.’’. 


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1 SEC. 134. RELIABILITY STANDARDS FOR OFFSHORE TRANS2 MISSION. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Energy Regulatory Commission. 

6 (2) RELIABILITY STANDARD.—The term ‘‘reli7 ability standard’’ has the meaning given the term in 

8 section 215(a) of the Federal Power Act (16 U.S.C. 

9 824o(a)). 

10 (b) REQUIREMENT.—Not later than 90 days after the 

11 date of enactment of this Act, the Commission, in accord12 ance with section 215(d)(5) of the Federal Power Act (16 

13 U.S.C. 824o(d)(5)), shall order the Electric Reliability Or14 ganization to file with the Commission a reliability stand15 ard relating to planning for offshore transmission that 

16 evaluates and, as necessary, provides clarity with respect 

17 to— 

18 (1) credible multiple contingencies of subsea ca19 bles within a common corridor; 

20 (2) credible multiple contingencies of high-volt21 age direct current bipole topologies with dedicated 

22 metallic return; and 

23 (3) generator definitions for large distributed 

24 energy generation plans composed of multiple indi25 vidual generators within planning contingency stand26 ards. 


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1 SEC. 135. INCLUSION OF OFFSHORE WIND ENERGY IN 

2 INTERREGIONAL TRANSMISSION PLANNING. 

3 (a) IN GENERAL.—With respect to any interregional 

4 transmission planning described in subsection (b), and any 

5 rulemaking relating to that interregional transmission 

6 planning, the Federal Energy Regulatory Commission (re7 ferred to in this section as the ‘‘Commission’’) shall re8 quire the consideration of— 

9 (1) multivalue cost allocation methodologies 

10 that evaluate the economic, reliability, and public 

11 policy benefits of a networked transmission system 

12 that incorporates offshore wind generation and 

13 transmission; and 

14 (2) the reliability, resilience, and resource ade15 quacy of integrating offshore wind into transmission 

16 systems. 

17 (b) INTERREGIONAL TRANSMISSION PLANNING DE18 SCRIBED.—The interregional transmission planning re19 ferred to in subsection (a) is any interregional trans20 mission planning that the Commission requires to be car21 ried out by— 

22 (1) public utility transmission providers; 

23 (2) Regional Transmission Organizations; 

24 (3) Independent System Operators; or 

25 (4) any combination of regions or entities de26 scribed in paragraphs (1) through (3). 


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1 SEC. 136. COASTAL STATE INTEGRATION OF OFFSHORE 

2 WIND ENERGY. 

3 (a) IN GENERAL.—Section 111(d) of the Public Util4 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 

5 is amended by adding at the end the following: 

6 ‘‘(22) OFFSHORE WIND INTEGRATION.— 

7 ‘‘(A) DEFINITION OF COASTAL STATE.—In 

8 this paragraph, the term ‘coastal State’ has the 

9 meaning given the term ‘coastal state’ in sec10 tion 304 of the Coastal Zone Management Act 

11 of 1972 (16 U.S.C. 1453). 

12 ‘‘(B) INCORPORATION OF OFFSHORE WIND

13 ENERGY.—Each coastal State shall— 

14 ‘‘(i) consider how to incorporate off15 shore wind generation and transmission 

16 into the electricity distribution system of 

17 the coastal State, including— 

18 ‘‘(I) the optimal points of inter19 connection (as defined in section 101 

20 of the COLLABORATE Act), includ21 ing consideration of— 

22 ‘‘(aa) any Offshore Wind 

23 Transmission Corridors des24 ignated under section 132(c)(1) 

25 of that Act; 


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1 ‘‘(bb) any national interest 

2 electric transmission corridors 

3 designated under section 216(a) 

4 of the Federal Power Act (16 

5 U.S.C. 824p(a)); 

6 ‘‘(cc) existing or permitted 

7 transmission lines; and 

8 ‘‘(dd) the potential for retir9 ing or aged fossil fuel plants to 

10 provide system capacity; 

11 ‘‘(II) onshore upgrades to facili12 tate interconnection; 

13 ‘‘(III) design standards to sup14 port a networked offshore trans15 mission system, including design 

16 standards developed under section 

17 131(a) of the COLLABORATE Act; 

18 ‘‘(IV) any identified points of 

19 interconnection in State transmission 

20 solicitations for procurement; and 

21 ‘‘(V) State policies and procure22 ment goals; 

23 ‘‘(ii) modify integrated resource plans 

24 to account for— 


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1 ‘‘(I) the matters considered 

2 under clause (i); 

3 ‘‘(II) existing single-source con4 tingency limits; 

5 ‘‘(III) the adoption of the stand6 ard published by the Institute of Elec7 trical and Electronic Engineers 

8 Standards Association entitled ‘Stand9 ard for Interconnection and Interoper10 ability of Inverter-Based Resources 

11 Interconnecting with Associated 

12 Transmission Electric Power Systems’ 

13 and numbered IEEE 2800 into utility 

14 interconnection requirements; and 

15 ‘‘(IV) the use of grid-enhancing 

16 technologies; 

17 ‘‘(iii) establish design standards de18 scribed in clause (i)(III); and 

19 ‘‘(iv) incorporate the consideration of 

20 the matters described in clause (i) into 

21 State planning processes relating to elec22 tric energy transmission and distribution.’’. 

23 (b) COMPLIANCE.— 


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1 (1) TIME LIMITATION.—Section 112(b) of the 

2 Public Utility Regulatory Policies Act of 1978 (16 

3 U.S.C. 2622(b)) is amended— 

4 (A) in paragraph (8), by indenting sub5 paragraph (B) appropriately; and 

6 (B) by adding at the end the following: 

7 ‘‘(9)(A) Not later than 1 year after the date of 

8 enactment of this paragraph, with respect to each 

9 coastal State (as defined in paragraph (22)(A) of 

10 section 111(d)), each State regulatory authority 

11 (with respect to each electric utility for which the 

12 State has ratemaking authority) and each nonregu13 lated electric utility shall commence consideration 

14 under section 111, or set a hearing date for consid15 eration, with respect to the standard established by 

16 paragraph (22) of section 111(d). 

17 ‘‘(B) Not later than 2 years after the date of 

18 enactment of this paragraph, with respect to each 

19 coastal State (as defined in paragraph (22)(A) of 

20 section 111(d)), each State regulatory authority 

21 (with respect to each electric utility for which the 

22 State has ratemaking authority), and each nonregu23 lated electric utility shall complete the consideration 

24 and make the determination under section 111 with 


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1 respect to the standard established by paragraph 

2 (22) of section 111(d).’’. 

3 (2) FAILURE TO COMPLY.—Section 112(c) of 

4 the Public Utility Regulatory Policies Act of 1978 

5 (16 U.S.C. 2622(c)) is amended by adding at the 

6 end the following: ‘‘In the case of the standard es7 tablished by paragraph (22) of section 111(d), the 

8 reference contained in this subsection to the date of 

9 enactment of this Act shall be deemed to be a ref10 erence to the date of enactment of that paragraph 

11 (22).’’. 

12 (3) PRIOR STATE ACTIONS.— 

13 (A) IN GENERAL.—Section 112 of the 

14 Public Utility Regulatory Policies Act of 1978 

15 (16 U.S.C. 2622) is amended— 

16 (i) in subsection (h), in the subsection 

17 heading, by striking ‘‘OTHER’’; and 

18 (ii) by adding at the end the fol19 lowing: 

20 ‘‘(i) PRIOR STATE ACTIONS.—Subsections (b) and 

21 (c) shall not apply to the standard established by para22 graph (22) of section 111(d) in the case of any electric 

23 utility in a State if, before the date of enactment of this 

24 subsection— 


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1 ‘‘(1) the State has implemented for the electric 

2 utility the standard (or a comparable standard); 

3 ‘‘(2) the State regulatory authority for the 

4 State or the relevant nonregulated electric utility has 

5 conducted a proceeding to consider implementation 

6 of the standard (or a comparable standard) for the 

7 electric utility; or 

8 ‘‘(3) the State legislature has voted on the im9 plementation of the standard (or a comparable 

10 standard) for the electric utility during the 3-year 

11 period ending on that date of enactment.’’. 

12 (B) CROSS REFERENCE.—Section 124 of 

13 the Public Utility Regulatory Policies Act of 

14 1978 (16 U.S.C. 2634) is amended by adding 

15 at the end the following: ‘‘In the case of the 

16 standard established by paragraph (22) of sec17 tion 111(d), the reference contained in this sec18 tion to the date of enactment of this Act shall 

19 be deemed to be a reference to the date of en20 actment of that paragraph (22).’’. 

21 (c) APPLICATION TO TERRITORIES AND FREELY AS22 SOCIATED STATES.— 

23 (1) IN GENERAL.—The requirements of sections 

24 111(d)(22) and 112(b)(9) of the Public Utility Reg25 ulatory Policies Act of 1978 (16 U.S.C. 


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1 2621(d)(22), 2622(b)(9)), and any related provisions 

2 of that Act (as amended by paragraph (2), or sub3 paragraph (A)(ii) or (B) of paragraph (3), of sub4 section (b)), shall apply to each coastal State (as de5 fined in section 304 of the Coastal Zone Manage6 ment Act of 1972 (16 U.S.C. 1453)), including the 

7 Federated States of Micronesia, the Republic of the 

8 Marshall Islands, and the Republic of Palau, as if 

9 those coastal States (as so defined) were included in 

10 the definition of the term ‘‘State’’ in section 3 of the 

11 Public Utility Regulatory Policies Act of 1979 (16 

12 U.S.C. 2602). 

13 (2) SAVINGS PROVISION.—Nothing in this sub14 section alters or otherwise affects the application of 

15 any provision of the Public Utility Regulatory Poli16 cies Act of 1978 (16 U.S.C. 2601 et seq.) not added 

17 or amended by— 

18 (A) subsection (a); 

19 (B) paragraph (1)(B) or (2) of subsection 

20 (b); or 

21 (C) subparagraph (A)(ii) or (B) of sub22 section (b)(3). 


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1 Subtitle D—Miscellaneous 

2 SEC. 141. JUDICIAL REVIEW. 

3 (a) IN GENERAL.—Section 23(c)(2) of the Outer 

4 Continental Shelf Lands Act (43 U.S.C. 1349(c)(2)) is 

5 amended by inserting ‘‘, any issuance of a final lease, ease6 ment, or right-of-way pursuant to section 8(p)(1), and any 

7 approval, modification, or disapproval of any plan for con8 struction or operations on such a lease, easement, or right9 of-way’’ after ‘‘under this Act’’. 

10 (b) APPLICABILITY.—The amendment made by sub11 section (a)— 

12 (1) shall apply with respect to any action 

13 brought pursuant to section 23(c)(2) of the Outer 

14 Continental Shelf Lands Act (43 U.S.C. 1349(c)(2)) 

15 that is filed on or after the date of enactment of this 

16 Act; and 

17 (2) shall not apply with respect to any action 

18 described in paragraph (1) that is filed before that 

19 date of enactment. 

20 TITLE II—FISHERIES 

21 SEC. 201. OFFSHORE WIND ENERGY FISHERIES COMPENSA22 TION FUND. 

23 The Outer Continental Shelf Lands Act (43 U.S.C. 

24 1331 et seq.) is amended by adding at the end the fol25 lowing: 


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1 ‘‘SEC. 34. OFFSHORE WIND ENERGY FISHERIES COMPENSA2 TION FUND. 

3 ‘‘(a) ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—There is established in the 

5 Treasury of the United States a fund, to be known 

6 as the ‘Offshore Wind Energy Fisheries Compensa7 tion Fund’ (referred to in this section as the 

8 ‘Fund’). 

9 ‘‘(2) PURPOSE.— 

10 ‘‘(A) IN GENERAL.—The Fund shall be 

11 available to the Secretary of Commerce without 

12 fiscal year limitation as a revolving fund for the 

13 purpose of making payments to compensate eli14 gible recipients for losses caused by the plan15 ning, pre-construction survey, construction, 

16 maintenance, operation, and decommissioning 

17 of offshore wind energy facilities on the outer 

18 Continental Shelf within the jurisdiction of a 

19 State that participates in the Fund. 

20 ‘‘(B) REQUIRED PARTICIPATION.—Each 

21 offshore wind lease holder and project sponsor 

22 shall be required to provide amounts into the 

23 Fund as described in subsection (b), unless the 

24 offshore wind lease holder or project sponsor is 

25 in a State that is not participating in the Fund 

26 pursuant to paragraph (3). 


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1 ‘‘(3) STATE PARTICIPATION.— 

2 ‘‘(A) REQUIRED PARTICIPATION.—Each 

3 State that does not have an existing or under 

4 development fisheries compensation fund or a 

5 comparable program shall participate in the 

6 Fund with respect to projects within the juris7 diction of the State. 

8 ‘‘(B) ELECTION TO OPT-IN.—Each State 

9 that has an existing or under development fish10 eries compensation fund or a comparable pro11 gram is not required to participate in the Fund, 

12 but may elect to opt-into participation in the 

13 Fund with respect to projects within the juris14 diction of the State. 

15 ‘‘(C) PAYMENT INTO ONE FUND.—An off16 shore wind lease holder or project sponsor shall 

17 only provide amounts into the Fund or a 

18 State’s fisheries compensation fund, and not 

19 both. 

20 ‘‘(4) FUND USE; RESOURCES.—The Fund 

21 shall— 

22 ‘‘(A) be used by the Secretary of Com23 merce to provide to eligible recipients payments 

24 for claims described under subsection (c); and 

25 ‘‘(B) consist of— 


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1 ‘‘(i) revenues received from invest2 ments made under paragraph (5); and 

3 ‘‘(ii) amounts collected pursuant to 

4 subsection (b). 

5 ‘‘(5) INVESTMENT.— 

6 ‘‘(A) IN GENERAL.—Amounts in the Fund 

7 that are not currently needed for the purposes 

8 of the Fund shall be— 

9 ‘‘(i) kept on deposit in appropriate in10 terest-bearing accounts that shall be estab11 lished by the Secretary of the Treasury; or 

12 ‘‘(ii) invested in obligations of, or 

13 guaranteed by, the United States. 

14 ‘‘(B) REVENUE ACCRUAL.—Any revenue 

15 accruing from such deposits and investments 

16 described in subparagraph (A) shall be depos17 ited in the Fund. 

18 ‘‘(6) DIVISION OF FUND.— 

19 ‘‘(A) IN GENERAL.— 

20 ‘‘(i) IN GENERAL.—The Fund shall be 

21 divided into 3 separate geographic area ac22 counts based on the jurisdiction of the At23 lantic States Marine Fisheries Commis24 sion, the Gulf States Marine Fisheries 


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1 Commission, and the Pacific States Marine 

2 Fisheries Commission. 

3 ‘‘(ii) ADDITIONAL ACCOUNTS.—In ad4 dition to the 3 separate geographic area 

5 accounts described in clause (i), the Sec6 retary of Commerce may add 1 or more 

7 separate geographic area accounts into 

8 which the Fund shall be divided. 

9 ‘‘(B) AMOUNTS IN ACCOUNTS.—The divi10 sion of amounts in each geographic area ac11 count of the Fund shall be based on the leasing 

12 activity for offshore wind energy in the geo13 graphic area of the account and payments from 

14 amounts in each account of the Fund shall ad15 dress losses in the applicable geographic area. 

16 ‘‘(b) FISHERIES MITIGATION COMPENSATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary, acting 

18 through the Director of the Bureau of Ocean Energy 

19 Management— 

20 ‘‘(A) shall require offshore wind lease hold21 ers in States that are participating in the Fund 

22 to include fisheries compensation as part of the 

23 leasing process for offshore wind energy under 

24 section 33, including by providing to the Sec25 retary, for deposit into the Fund, amounts deVerDate Sep 11 2014 01:53 Dec 31, 2024 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S5441.IS S5441

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1 termined to be appropriate by the Secretary 

2 pursuant to paragraph (2), which shall be sepa3 rate from any other fees, payments, or other 

4 amounts, and paid in one lump sum at final in5 vestment decision; 

6 ‘‘(B) shall require project sponsors in 

7 States that are participating in the Fund to 

8 provide to the Secretary, for deposit into the 

9 Fund, an additional amount equal to 5 percent 

10 of any amount required to be provided for de11 posit into the Fund under subparagraph (A), of 

12 which additional amount— 

13 ‘‘(i) 40 percent shall be available to 

14 the Secretary to cover the administrative 

15 expenses of carrying out this section; and 

16 ‘‘(ii) 60 percent shall be available to 

17 the Secretary of Commerce to cover the 

18 administrative expenses of carrying out 

19 this section; 

20 ‘‘(C) shall deposit any amounts received 

21 under subparagraph (A) or (B) in the Fund; 

22 and 

23 ‘‘(D) shall require the designated liaisons 

24 appointed under section 8(p)(11)(B)(ii) to con25 duct outreach to fishermen on the availability of 


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1 compensation from the Fund pursuant to this 

2 section. 

3 ‘‘(2) ESTABLISHMENT OF FORMULA TO CAL4 CULATE AMOUNTS TO BE PAID.— 

5 ‘‘(A) IN GENERAL.—The Secretary, in co6 ordination with the Administrator of the Na7 tional Oceanic and Atmospheric Administration, 

8 shall establish a formula to calculate the 

9 amounts to be paid by each project sponsor into 

10 the Fund. 

11 ‘‘(B) REEVALUATION OF FORMULA.—The 

12 Secretary shall evaluate and potentially adjust 

13 the formula established under subparagraph 

14 (A) not less often than every 5 years. 

15 ‘‘(C) STATE AUTHORITY.—Nothing in this 

16 paragraph shall be construed to diminish or 

17 otherwise alter a State’s authority pursuant to 

18 the Coastal Zone Management Act of 1972 (16 

19 U.S.C. 1451 et seq.). 

20 ‘‘(3) APPLICABILITY.—The requirements de21 scribed in this subsection shall not apply to a project 

22 sponsor that issued a notice of intent to prepare a 

23 draft environmental impact statement with respect 

24 to the project before the date the Fund is estab25 lished under subsection (a). 


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1 ‘‘(c) CLAIMS PROCESS.— 

2 ‘‘(1) IN GENERAL.—The Secretary of Com3 merce— 

4 ‘‘(A) in collaboration with relevant agen5 cies that hold relevant fisheries data, such as 

6 State agencies, Regional Fishery Management 

7 Councils, and the applicable Interstate Marine 

8 Fisheries Commission, shall establish a process 

9 to file, process, and verify claims for purposes 

10 of making payments from the Fund; and 

11 ‘‘(B) shall make payments to eligible re12 cipients from the Fund— 

13 ‘‘(i) in accordance with this section; 

14 and 

15 ‘‘(ii) in consultation with Interstate 

16 Marine Fisheries Commissions, at the dis17 cretion of the Secretary of Commerce. 

18 ‘‘(2) RESTRICTIONS.—The Secretary of Com19 merce may not make a payment from the Fund— 

20 ‘‘(A) for gear loss or damage; 

21 ‘‘(B) for loss caused by the negligence or 

22 fault of the claimant; 

23 ‘‘(C) for loss caused by events or occur24 rences unrelated to planning, pre-construction 

25 survey, construction, maintenance, operation, or 


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1 decommissioning of offshore wind energy 

2 projects on the outer Continental Shelf; or 

3 ‘‘(D) for any portion of loss that may be 

4 compensated by insurance. 

5 ‘‘(d) PAYMENT AMOUNTS AND MITIGATION

6 GRANTS.— 

7 ‘‘(1) IN GENERAL.—Payments made, including 

8 direct payments, under this section from the Fund 

9 shall— 

10 ‘‘(A) be based on the scope of the verified 

11 claim; 

12 ‘‘(B) be fair and provided efficiently and in 

13 a transparent manner; and 

14 ‘‘(C) if the eligible recipient receiving the 

15 payment has or will receive direct compensation 

16 for the verified claim pursuant to a community 

17 benefit agreement or other agreement between 

18 such eligible recipient and a holder of a lease, 

19 easement, or right-of-way, be reduced by an 

20 amount that is equal to the amount of such di21 rect compensation. 

22 ‘‘(2) MITIGATION GRANTS.—If the Secretary of 

23 Commerce determines that there are sufficient 

24 amounts in a geographic area account of the Fund, 

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1 ments for all verified claims at any given time, the 

2 Secretary may use not more than $20,000,000 of 

3 amounts in the geographic area account of the Fund 

4 that are in excess of the amount necessary to pro5 vide payments for all verified claims to provide 

6 grants to eligible recipients, and other entities deter7 mined appropriate by the Secretary, to mitigate the 

8 potential effects of development of an offshore wind 

9 energy project, including by paying for gear modi10 fications, navigation technology improvements, and 

11 other measures, including training, to enhance safe12 ty. 

13 ‘‘(e) ADVISORY GROUP.— 

14 ‘‘(1) ESTABLISHMENT.—The Secretary of Com15 merce, in coordination with the Secretary of the 

16 Treasury, shall establish and convene an advisory 

17 group not less frequently than twice a year that 

18 shall provide recommendations on the development 

19 and administration of this section. 

20 ‘‘(2) MEMBERSHIP.—The advisory group estab21 lished under paragraph (1) shall— 

22 ‘‘(A) be comprised of individuals— 

23 ‘‘(i) appointed by the Secretary of 

24 Commerce; and 


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1 ‘‘(ii) representing the geographic di2 versity of areas impacted by the develop3 ment of offshore wind energy projects; and 

4 ‘‘(B) include representatives from— 

5 ‘‘(i) recreational fishing interests; 

6 ‘‘(ii) commercial fishing interests; 

7 ‘‘(iii) Tribal fishing interests; 

8 ‘‘(iv) fish processing interests; 

9 ‘‘(v) the National Marine Fisheries 

10 Service; 

11 ‘‘(vi) the Department of the Interior; 

12 ‘‘(vii) State agencies; 

13 ‘‘(viii) the fisheries science commu14 nity; 

15 ‘‘(ix) the offshore wind industry; and 

16 ‘‘(x) other fields of expertise necessary 

17 to effectively develop and administer this 

18 section, as determined by the Secretary of 

19 Commerce. 

20 ‘‘(3) TRAVEL EXPENSES.—The Secretary of 

21 Commerce may provide amounts to any member of 

22 the advisory group to pay for travel expenses, in23 cluding per diem in lieu of subsistence, at rates au24 thorized for an employee of an agency under section 

25 5703 of title 5, United States Code, while away from 


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1 the home or regular place of business of the member 

2 in the performance of the duties of the advisory 

3 group. 

4 ‘‘(f) ANNUAL REPORT.—The Secretary of Commerce 

5 shall submit to Congress, and make publicly available, an 

6 annual report on activities carried out under this section, 

7 including a description of claims filed and the amount of 

8 payments and grants provided. 

9 ‘‘(g) INSUFFICIENT FUNDS.— 

10 ‘‘(1) IN GENERAL.—If the Secretary, in coordi11 nation with the Secretary of Commerce, determines 

12 that a geographic area account of the Fund does not 

13 contain a sufficient amount to provide payments for 

14 all verified claims under this section, the Secretary 

15 may, not more than once each calendar year, require 

16 each holder of an offshore wind energy lease located 

17 within the area covered by the geographic area ac18 count to pay an amount specified by the Secretary 

19 in accordance with paragraph (2), which shall be de20 posited into such geographic area account of the 

21 Fund. 

22 ‘‘(2) LIMIT.—No holder of an offshore wind en23 ergy lease shall be required to pay an amount under 

24 paragraph (1) that is in excess of $3 per acre per 

25 year of the leased area. 


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1 ‘‘(h) DEFINITIONS.—In this section: 

2 ‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligible 

3 recipient’ means— 

4 ‘‘(A) a community, stakeholder, or Tribal 

5 interest— 

6 ‘‘(i) that uses a geographic space of 

7 an offshore wind energy lease area, or uses 

8 resources harvested from a geographic 

9 space of an offshore wind energy lease 

10 area; 

11 ‘‘(ii) for which such use is directly and 

12 adversely impacted by the development of 

13 an offshore wind energy project located in 

14 such area; and 

15 ‘‘(iii) located in the United States, in16 cluding the territories of the United 

17 States; or 

18 ‘‘(B) a regional association, cooperative, 

19 nonprofit organization, commission, or corpora20 tion that— 

21 ‘‘(i) serves, and acts on behalf of, a 

22 community, stakeholder, or Tribal interest 

23 described in paragraph (1); and 


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1 ‘‘(ii) is located in the United States, 

2 including the territories of the United 

3 States. 

4 ‘‘(2) INTERSTATE MARINE FISHERIES COMMIS5 SION.—The term ‘Interstate Marine Fisheries Com6 mission’ means the Atlantic States Marine Fisheries 

7 Commission, the Gulf States Marine Fisheries Com8 mission, or the Pacific States Marine Fisheries Com9 mission.’’. 

10 SEC. 202. FISHERMEN’S CONTINGENCY FUND. 

11 (a) DEFINITIONS.—Section 401 of the Outer Conti12 nental Shelf Lands Act Amendments of 1978 (43 U.S.C. 

13 1841) is amended— 

14 (1) by striking the section heading and designa15 tion and all that follows through ‘‘term—’’ in the 

16 matter preceding paragraph (1) and inserting the 

17 following: 

18 ‘‘SEC. 401. DEFINITIONS. 

19 ‘‘In this title:’’; 

20 (2) in each of paragraph (1) through (8)— 

21 (A) by inserting ‘‘The term’’ after the 

22 paragraph designation; and 

23 (B) by adding a paragraph heading, the 

24 text of which comprises the term defined in that 

25 paragraph; 


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1 (3) in each of paragraphs (1) through (6), by 

2 striking the semicolon at the end of the paragraph 

3 and inserting a period; 

4 (4) in paragraph (1)— 

5 (A) in the matter preceding subparagraph 

6 (A), by striking ‘‘area:’’ and inserting ‘‘area— 

7 ’’; 

8 (B) in subparagraph (A), by striking ‘‘oil 

9 or gas’’ and inserting ‘‘oil, gas, or offshore wind 

10 energy’’; 

11 (C) in subparagraph (B), by striking ‘‘ex12 ploration, development or production’’ and in13 serting ‘‘exploration, development, construction, 

14 operation, decommissioning, or production’’; 

15 and 

16 (D) in subparagraph (C), by striking 

17 ‘‘pipeline rights-of-way have been granted’’ and 

18 inserting ‘‘rights-of-way have been granted for 

19 a pipeline or offshore wind energy trans20 mission’’; 

21 (5) in paragraph (2), in the matter preceding 

22 subparagraph (A), by striking ‘‘of therein’’ and in23 serting ‘‘therein’’; 

24 (6) in paragraph (7), by striking ‘‘402 of this 

25 title; and’’ and inserting ‘‘402.’’; 


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1 (7) by redesignating paragraph (8) as para2 graph (9); and 

3 (8) by inserting after paragraph (7) the fol4 lowing: 

5 ‘‘(8) OFFSHORE WIND ENERGY.—The term ‘off6 shore wind energy’ means energy produced at a fa7 cility that— 

8 ‘‘(A) produces electric energy solely by the 

9 use, as the only energy source, of wind; and 

10 ‘‘(B) is located on the outer Continental 

11 Shelf.’’. 

12 (b) PAYMENTS BY LEASEHOLDERS.—Section 

13 402(b)(1) of the Outer Continental Shelf Lands Act 

14 Amendments of 1978 (43 U.S.C. 1842(b)(1)) is amended, 

15 in the first sentence— 

16 (1) by striking ‘‘Act and each holder’’ and in17 serting ‘‘Act (43 U.S.C. 1331 et seq.), and each 

18 holder’’; and 

19 (2) by inserting ‘‘or offshore wind energy’’ after 

20 ‘‘pipeline’’. 

21 (c) DUTIES AND POWERS OF SECRETARY.—Section 

22 403 of the Outer Continental Shelf Lands Act Amend23 ments of 1978 (43 U.S.C. 1843) is amended— 


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1 (1) in subsection (a)(2), by inserting ‘‘and off2 shore wind energy site characterization and assess3 ment activities,’’ after ‘‘production activities,’’; and 

4 (2) in subsection (c)(1), in the first sentence, by 

5 inserting ‘‘, offshore wind energy site characteriza6 tion and assessment activities, or activities author7 ized under section 8(p) of the Outer Continental 

8 Shelf Lands Act (43 U.S.C. 1337(p))’’ after ‘‘pro9 duction activities’’. 

10 (d) DISBURSEMENT OF PAYMENTS.—Section 403(c) 

11 of the Outer Continental Shelf Lands Act Amendments 

12 of 1978 (43 U.S.C. 1843(c)) is amended by adding at the 

13 end the following: 

14 ‘‘(3) DISBURSEMENT ALLOCATION.—The Sec15 retary shall ensure— 

16 ‘‘(A) that amounts deposited in the Fund 

17 for oil and gas activities shall only be disbursed 

18 to compensate claims for oil and gas activities; 

19 and 

20 ‘‘(B) that amounts deposited in the Fund 

21 for offshore wind energy activities shall only be 

22 disbursed to compensate claims for offshore 

23 wind energy activities.’’. 

24 (e) BURDEN OF PROOF.—Section 404 of the Outer 

25 Continental Shelf Lands Act Amendments of 1978 (43 


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1 U.S.C. 1844) is amended, in the matter preceding para2 graph (1), by inserting ‘‘, or offshore wind energy site 

3 characterization and assessment activities, as applicable,’’ 

4 after ‘‘production’’. 

5 SEC. 203. GRANT PROGRAM FOR RESEARCH ON THE IM6 PACTS OF OFFSHORE WIND DEVELOPMENT 

7 ON FISHERIES RESOURCES. 

8 (a) GRANT PROGRAM.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this Act, the Secretary of 

11 Commerce, in consultation with the Secretary of the 

12 Interior, shall establish and carry out a program to 

13 award grants, on a competitive basis, to eligible enti14 ties to enable such entities to carry out research that 

15 contributes to an understanding of the impacts of all 

16 stages of offshore wind energy planning, construc17 tion, operation, and decommissioning on fisheries re18 sources, including marine and coastal ecosystems, 

19 wildlife, and habitat. 

20 (2) RESERVATION.—From the amounts appro21 priated to carry out this section for a fiscal year, the 

22 Secretary of Commerce shall reserve 2 percent for 

23 use by Indian Tribes and Tribal organizations. 

24 (b) APPLICATIONS.— 


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1 (1) IN GENERAL.—An eligible entity, as deter2 mined by the Secretary of Commerce, that desires to 

3 receive a grant under this section shall submit an 

4 application to the Secretary of Commerce at such 

5 time and in such form as the Secretary may require, 

6 including a demonstration of how the eligible entity 

7 will use the grant funds to further understanding of 

8 the impacts of offshore wind energy development on 

9 fisheries resources. 

10 (2) PRIORITY FOR INCLUSION OF FISHERMEN; 

11 CONSIDERATIONS.—The Secretary of Commerce 

12 shall, in awarding grants under this section— 

13 (A) give priority to eligible entities that 

14 demonstrate engagement with, and collection of 

15 input from, the fishing community in the grant 

16 development process and include fishermen as 

17 active contributors in any research supported 

18 under this section; and 

19 (B) to the extent practicable, consider eli20 gible entities that serve areas that are sched21 uled for offshore wind development. 

22 (c) ELIGIBLE USES OF FUNDS.—An eligible entity 

23 that receives a grant under this section shall use the grant 

24 funds for research on any of the following: 


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1 (1) Understanding the effects of electric and 

2 magnetic forces, habitat changes, vibrations, noise, 

3 and thermal radiation on any fish populations. 

4 (2) Conducting planning or analysis on how to 

5 adapt fisheries surveys to the presence of wind 

6 farms. 

7 (3) Establishing baseline conditions for benthic 

8 habitat and conducting monitoring throughout off9 shore wind energy operation. 

10 (4) Increasing automated or indirect data col11 lection from fishing vessels. 

12 (5) Studying oceanographic changes due to the 

13 presence of offshore wind infrastructure, including 

14 turbulence and surface wind reduction. 

15 (6) Studying the socioeconomic impacts of wind 

16 energy development on fishermen and their commu17 nities, including ability to adapt, resilience to 

18 change, and economic impacts. 

19 (7) Social science research on how fishermen 

20 and communities will be impacted by offshore wind 

21 energy development. 

22 (8) Examining potential uses of offshore wind 

23 turbines, pilings, mooring lines, inter-array cables, 

24 transmission cables, and other hard structures as 

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1 structure for aquaculture operations, or for other 

2 uses. 

3 (9) Finding pathways and opportunities for 

4 skill transferability for fishermen to other industries. 

5 (10) Infrastructure designs that can facilitate 

6 and support biodiversity in the area of the offshore 

7 wind project. 

8 (11) Cumulative impacts on highly migratory 

9 species from development of offshore wind energy fa10 cilities in multiple lease areas in migratory path11 ways. 

12 (12) Understanding impacts from offshore wind 

13 energy development on species and oceanographic 

14 processes outside the boundaries of wind energy 

15 areas. 

16 (13) Other topics as recommended— 

17 (A) in consultation with the Standing 

18 Committee on Offshore Wind Energy and Fish19 eries at the National Academies; and 

20 (B) by studies and reports on offshore 

21 wind energy impacts to fisheries resources, in22 cluding the Fisheries and Offshore Wind Inter23 actions: Synthesis of Science technical memo 

24 produced by the Responsible Offshore Develop25 ment Alliance, the Bureau of Ocean Energy 


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1 Management, the National Oceanic and Atmos2 pheric Administration, and the Northeast Fish3 eries Science Center, and other studies and re4 ports of the Bureau of Ocean Energy Manage5 ment and the National Oceanic and Atmos6 pheric Administration. 

7 (d) COORDINATION; ACCESSIBILITY OF DATA.— 

8 (1) IN GENERAL.—The Secretary of Commerce 

9 shall encourage eligible entities that receive a grant 

10 under this section to, when practicable and appro11 priate (as determined by the Secretary of Com12 merce)— 

13 (A) coordinate with the Integrated Ocean 

14 Observing System and the Regional Wildlife 

15 Science Collaborative for Offshore Wind in con16 ducting research described in subsection (c); 

17 and 

18 (B) make data generated from such re19 search accessible through the Integrated Ocean 

20 Observing System. 

21 (2) PUBLIC ACCESSIBILITY.—An eligible entity 

22 that receives a grant under this section shall make 

23 data generated from conducting research described 

24 in subsection (c) publicly accessible, to the extent 

25 consistent with other laws. 


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1 (e) REPORTING.— 

2 (1) IN GENERAL.—An eligible entity that re3 ceives a grant under this section shall submit to the 

4 Secretary of Commerce a report, at such time and 

5 in such form as the Secretary may require, on the 

6 results of the use of the grant. 

7 (2) CONTENT.—Each report submitted under 

8 paragraph (1) shall include any relevant data re9 quested by the Secretary for purposes of tracking 

10 the effectiveness of the program established under 

11 this section. 

12 (3) PUBLIC AVAILABILITY.—The Secretary of 

13 Commerce shall make each report submitted under 

14 paragraph (1) publicly available. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $30,000,000 for each of fiscal years 2025 through 2035, 

18 to remain available until expended. 

19 SEC. 204. OFFSHORE WIND AND FISHERIES COEXISTENCE 

20 FUND. 

21 (a) ESTABLISHMENT OF FUND.— 

22 (1) IN GENERAL.—There is established in the 

23 Treasury of the United States a fund, to be known 

24 as the ‘‘Offshore Wind and Fisheries Coexistence 

25 Fund’’ (referred to in this section as the ‘‘Fund’’), 


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1 to be administered by the Administrator of the Na2 tional Oceanic and Atmospheric Administration (re3 ferred to in this section as the ‘‘Administrator’’). 

4 (2) DEPOSITS.—The Fund shall consist of such 

5 amounts as are appropriated to the Fund under sub6 section (c). 

7 (3) USE.—Amounts in the Fund shall be used 

8 to carry out subsection (b). 

9 (b) GRANT PROGRAM.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, the Administrator, 

12 in consultation with the Director of the Bureau of 

13 Ocean Energy Management, shall— 

14 (A) use amounts in the Fund to award 

15 grants for research and development of tech16 nologies that support the coexistence of offshore 

17 wind energy development and other ocean users, 

18 including fishing gear and vessel modifications, 

19 modifications or updates to radar equipment, 

20 and safety equipment or trainings; and 

21 (B) in awarding grants under subpara22 graph (A), prioritize proposals that include co23 ordination and collaboration between different 

24 ocean stakeholders and users, including between 

25 fishermen and developers. 


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1 (2) RESERVATION.—From the amounts appro2 priated to carry out this section for a fiscal year, the 

3 Administrator shall reserve 2 percent for use by In4 dian Tribes and Tribal organizations. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $30,000,000 for each of fiscal years 2025 through 2035, 

8 to be deposited in the Fund, to remain available until ex9 pended. 

Æ 


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