I 
117TH CONGRESS 
2D SESSION 
H. R. 9641 
To amend the Outer Continental Shelf Lands Act to support the responsible 
development of offshore renewable energy projects, establish the Offshore 
Power Administration, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 21, 2022 
Mr. TONKO introduced the following bill; which was referred to the Committee 
on Natural Resources, and in addition to the Committees on Energy and 
Commerce, and Science, Space, and Technology, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Outer Continental Shelf Lands Act to support 
the responsible development of offshore renewable energy 
projects, establish the Offshore Power Administration, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Offshore Energy Modernization Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Responsible development of offshore renewable energy projects. 
Sec. 3. Offshore Renewable Energy Compensation Fund. 
Sec. 4. Improving environmental reviews to ensure timely permitting decisions. 
Sec. 5. Report on decommissioning of offshore renewable energy projects. 
Sec. 6. Offshore power administration. 
Sec. 7. Offshore transmission infrastructure studies and recommendations. 
Sec. 8. Interoperability of offshore transmission infrastructure. 
Sec. 9. Offshore wind shipbuilding. 
Sec. 10. Access to offshore renewable energy areas. 
Sec. 11. Definitions. 
SEC. 2. RESPONSIBLE DEVELOPMENT OF OFFSHORE RE-
NEWABLE ENERGY PROJECTS. 
(a) DEFINITIONS.—Section 2 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331) is amended by 
adding at the end the following: 
‘‘(u) OFFSHORE RENEWABLE ENERGY PROJECT.— 
The term ‘offshore renewable energy project’ means a 
project to carry out an activity described in section 
8(p)(1)(C) related to wind, solar, wave, or tidal energy.’’. 
(b) NATIONAL POLICY
FOR
THE OUTER CONTI-
NENTAL SHELF.—Section 3 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1332) is amended— 
(1) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) the outer Continental Shelf is a vital na-
tional resource reserve held by the Federal Govern-
ment for the public, which should be made available 
for expeditious and orderly development, subject to 
environmental safeguards and coexistence with other 
ocean users, in a manner which— 
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‘‘(A) 
supports 
the 
generation, 
trans-
mission, and storage of zero-emission electricity; 
and 
‘‘(B) is consistent with the maintenance of 
competition and other national needs, including 
the need to achieve State and Federal zero- 
emission electricity or renewable energy man-
dates, targets, and goals;’’; 
(2) by redesignating paragraphs (5) and (6) as 
paragraphs (6) and (7), respectively; and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) the identification, development, and pro-
duction of lease areas for offshore renewable energy 
projects should be determined by a robust and trans-
parent stakeholder process that incorporates engage-
ment and input from a diverse group of ocean users 
as well as Federal, State, Tribal, and local govern-
ments;’’. 
(c) LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON 
THE OUTER CONTINENTAL SHELF.—Section 8(p) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) 
is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B)— 
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(i) by striking ‘‘27’’ and inserting 
‘‘17’’; and 
(ii) by striking ‘‘15’’ and inserting 
‘‘100’’; and 
(B) by adding at the end the following: 
‘‘(C) PAYMENTS FOR CONSERVATION AND MITI-
GATION ACTIVITIES.— 
‘‘(i) IN
GENERAL.—Notwithstanding sec-
tion 9, the Secretary shall, without appropria-
tion or fiscal year limitation, use 10 percent of 
the revenue received by the Federal Govern-
ment from royalties, fees, rents, bonuses, and 
other payments from any lease, easement, or 
right-of-way granted under this subsection to 
provide grants to— 
‘‘(I) State, local, and Tribal govern-
ments, and regional partnerships thereof, 
including Regional Ocean Partnerships and 
Regional Wildlife Science Collaboratives; 
and 
‘‘(II) nonprofit organizations. 
‘‘(ii) USE
OF
GRANTS.—Grants provided 
under clause (i) shall be used for carrying out 
activities related to marine and coastal habitat 
protection and restoration, mitigation of dam-
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age to natural resources and marine life, rel-
evant research and data sharing initiatives, or 
increasing the organizational capacity of an en-
tity described in subclause (I) or (II) of clause 
(i) to increase the effectiveness of entities that 
carry out such activities. 
‘‘(D) OFFSHORE
RENEWABLE
ENERGY
COM-
PENSATION FUND.—Notwithstanding section 9, the 
Secretary shall, without appropriation or fiscal year 
limitation, deposit 10 percent of the revenue received 
by the Federal Government from royalties, fees, 
rents, bonuses, and other payments from any lease, 
easement, or right-of-way granted under this sub-
section into the Offshore Renewable Energy Com-
pensation Fund established under section 34.’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) LEASING.— 
‘‘(A) COMPETITIVE
OR
NONCOMPETITIVE 
BASIS.—Except with respect to projects that 
meet the criteria established under section 
388(d) of the Energy Policy Act of 2005, the 
Secretary shall issue a lease, easement, or 
right-of-way under paragraph (1) on a competi-
tive basis unless the Secretary determines after 
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