I 

113TH CONGRESS 

1ST SESSION H. R. 1398 

To facilitate the development of offshore wind energy resources. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2013 

Mr. WITTMAN (for himself and Mr. HASTINGS of Washington) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To facilitate the development of offshore wind energy 

resources. 

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 METEOROLOG9 ICAL SITE TESTING AND MONITORING PROJECT.—In this 

10 section, the term ‘‘offshore meteorological site testing and 

11 monitoring project’’ means a project carried out on or in 


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1 the waters of the Outer Continental Shelf administered 

2 by the Department of the Interior to test or monitor 

3 weather (including wind, tidal, current, and solar energy) 

4 using towers, buoys, or other temporary ocean infrastruc5 ture, that— 

6 (1) causes— 

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

8 disruption at the location of each meteorological 

9 tower or other device; and 

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

11 seafloor disruption within the proposed area af12 fected by for the project (including hazards to 

13 navigation); 

14 (2) is decommissioned not more than 5 years 

15 after the date of commencement of the project, in16 cluding— 

17 (A) removal of towers, buoys, or other tem18 porary ocean infrastructure from the project 

19 site; and 

20 (B) restoration of the project site to ap21 proximately the original condition of the site; 

22 and 

23 (3) provides meteorological information ob24 tained by the project to the Secretary of the Inte25 rior. 


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1 (b) OFFSHORE METEOROLOGICAL PROJECT PERMIT2 TING.— 

3 (1) IN GENERAL.—The Secretary of the Inte4 rior shall by regulation require that any applicant 

5 seeking to conduct an offshore meteorological site 

6 testing and monitoring project on the outer Conti7 nental Shelf (as that term is defined in the Outer 

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

9 seq.)) must obtain a permit and right of way for the 

10 project in accordance with this subsection. 

11 (2) PERMIT AND RIGHT OF WAY TIMELINE AND

12 CONDITIONS.— 

13 (A) DEADLINE FOR APPROVAL.—The Sec14 retary shall decide whether to issue a permit 

15 and right of way for an offshore meteorological 

16 site testing and monitoring project within 30 

17 days after receiving an application. 

18 (B) PUBLIC COMMENT AND CONSULTA19 TION.—During the period referred to in sub20 paragraph (A), the Secretary shall— 

21 (i) provide an opportunity for submis22 sion of comments by the public; and 

23 (ii) consult with the Secretary of De24 fense, the Commandant of the Coast 

25 Guard, and the heads of other Federal, 


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1 State, and local agencies that would be af2 fected by issuance of the permit and right 

3 of way. 

4 (C) DENIAL OF PERMIT; OPPORTUNITY TO

5 REMEDY DEFICIENCIES.—If the application is 

6 denied, the Secretary shall provide the appli7 cant— 

8 (i) in writing, clear and comprehensive 

9 reasons why the application was not ap10 proved and detailed information concerning 

11 any deficiencies in the application; and 

12 (ii) an opportunity to remedy such de13 ficiencies. 

14 (c) NEPA EXCLUSION.—Section 102(2)(C) of the 

15 National Environmental Policy Act of 1969 (42 U.S.C. 

16 4332(2)(C)) shall not apply with respect to an offshore 

17 meteorological site testing and monitoring project. 

18 (d) PROTECTION OF INFORMATION.—The informa19 tion provided to the Secretary of the Interior pursuant to 

20 subsection (a)(3) shall be treated by the Secretary as pro21 prietary information and protected against disclosure. 

Æ 


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