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Union Calendar No. 168 

112TH CONGRESS 

1ST SESSION H. R. 2173 

[Report No. 112–252] 

To facilitate the development of offshore wind energy resources. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2011 

Mr. WITTMAN (for himself, Mr. HASTINGS of Washington, Mr. LAMBORN, Mr. 

BROUN of Georgia, and Mr. DUNCAN of Tennessee) introduced the following bill; which was referred to the Committee on Natural Resources 

OCTOBER 14, 2011 

Additional sponsors: Mr. MCCLINTOCK, Mr. LANDRY, Mr. DUNCAN of South 

Carolina, Mr. SOUTHERLAND, Mr. LABRADOR, and Mr. FLORES

OCTOBER 14, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 14, 2011] 

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A BILL 

To facilitate the development of offshore wind energy 

resources. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited at the ‘‘Advancing Offshore 

5 Wind Production Act’’. 

6 SEC. 2. OFFSHORE METEOROLOGICAL SITE TESTING AND 

7 MONITORING PROJECTS. 

8 (a) DEFINITION OF AN OFFSHORE METEOROLOGICAL

9 SITE TESTING AND MONITORING PROJECT.—In this sec10 tion, the term ‘‘offshore meteorological site testing and mon11 itoring project’’ means a project carried out on or in the 

12 waters of the Outer Continental Shelf administered by the 

13 Department of the Interior to test or monitor weather (in14 cluding wind, tidal, current, and solar energy) using tow15 ers, buoys, or other temporary ocean infrastructure, that— 

16 (1) causes— 

17 (A) less than 1 acre of surface or seafloor 

18 disruption at the location of each meteorological 

19 tower or other device; and 

20 (B) not more than 5 acres of surface or 

21 seafloor disruption within the proposed area af22 fected by for the project (including hazards to 

23 navigation); 

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1 (2) is decommissioned not more than 5 years 

2 after the date of commencement of the project, includ3 ing— 

4 (A) removal of towers, buoys, or other tem5 porary ocean infrastructure from the project site; 

6 and 

7 (B) restoration of the project site to ap8 proximately the original condition of the site; 

9 and 

10 (3) provides meteorological information obtained 

11 by the project to the Secretary of the Interior. 

12 (b) OFFSHORE METEOROLOGICAL PROJECT PERMIT13 TING.— 

14 (1) IN GENERAL.—The Secretary of the Interior 

15 shall by regulation require that any applicant seeking 

16 to conduct an offshore meteorological site testing and 

17 monitoring project on the outer Continental Shelf (as 

18 that term is defined in the Outer Continental Shelf 

19 Lands Act (43 U.S.C. 1331 et seq.)) must obtain a 

20 permit and right of way for the project in accordance 

21 with this subsection. 

22 (2) PERMIT AND RIGHT OF WAY TIMELINE AND

23 CONDITIONS.— 

24 (A) DEADLINE FOR APPROVAL.—The Sec25 retary shall decide whether to issue a permit and 

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1 right of way for an offshore meteorological site 

2 testing and monitoring project within 30 days 

3 after receiving an application. 

4 (B) PUBLIC COMMENT AND CONSULTA5 TION.—During the period referred to in subpara6 graph (A), the Secretary shall— 

7 (i) provide an opportunity for submis8 sion of comments by the public; and 

9 (ii) consult with the Secretary of De10 fense, the Commandant of the Coast Guard, 

11 and the heads of other Federal, State, and 

12 local agencies that would be affected by 

13 issuance of the permit and right of way. 

14 (C) DENIAL OF PERMIT; OPPORTUNITY TO

15 REMEDY DEFICIENCIES.—If the application is 

16 denied, the Secretary shall provide the appli17 cant— 

18 (i) in writing, clear and comprehensive 

19 reasons why the application was not ap20 proved and detailed information concerning 

21 any deficiencies in the application; and 

22 (ii) an opportunity to remedy such de23 ficiencies. 

24 (c) NEPA EXCLUSION.—Section 102(2)(C) of the Na25 tional Environmental Policy Act of 1969 (42 U.S.C. 

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1 4332(2)(C)) shall not apply with respect to an offshore me2 teorological site testing and monitoring project. 

3 (d) PROTECTION OF INFORMATION.—The information 

4 provided to the Secretary of the Interior pursuant to sub5 section (a)(3) shall be treated by the Secretary as propri6 etary information and protected against disclosure. 

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Union Calendar No. 168 

112TH CONGRESS 

1ST SESSION H. R. 2173 

[Report No. 112–252] 

A BILL 

To facilitate the development of offshore wind 

O

energy resources. 

CTOBER 14, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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