public notice of a proposed lease, easement, or 
right-of-way that there is no competitive inter-
est. 
‘‘(B) SCHEDULE
OF
OFFSHORE
RENEW-
ABLE
ENERGY
LEASE
SALES.—The Secretary 
shall, after providing an opportunity for public 
notice and comment, publish and periodically 
update a schedule of areas that may be avail-
able for leasing in the future for offshore re-
newable energy projects, indicating, to the ex-
tent possible, the timing of site identification 
activities, the timing of designation of any area 
to be leased, the anticipated size of such areas, 
the timing of lease sales, and the location of 
leasing activities. 
‘‘(C) MULTI-FACTOR BIDDING.— 
‘‘(i) IN
GENERAL.—The Secretary 
may consider non-monetary factors when 
competitively awarding leases under para-
graph (1), which may include commitments 
made by the bidder to— 
‘‘(I) support or increase access to 
registered 
apprenticeship 
programs 
and pre-apprenticeship programs that 
have an articulation agreement with a 
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registered 
apprenticeships 
program 
for offshore renewable energy projects; 
‘‘(II) support development of do-
mestic supply chains for offshore re-
newable energy projects, including de-
velopment of ports and other energy 
infrastructure necessary to facilitate 
offshore renewable energy projects; 
‘‘(III) establish a community 
benefit agreement with one or more 
community or stakeholder groups, 
which may include covered entities; 
‘‘(IV) make investments to evalu-
ate, monitor, improve, and mitigate 
impacts to the health and biodiversity 
of ecosystems and wildlife within the 
leased area; and 
‘‘(V) make other investments de-
termined appropriate by the Sec-
retary. 
‘‘(ii) CONTRACTUAL COMMITMENTS.— 
When considering non-monetary factors 
under this subparagraph, the Secretary 
shall— 
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‘‘(I) evaluate the quality of com-
mitments made by the bidder; and 
‘‘(II) reward finalized binding 
agreements above assurances for fu-
ture commitments. 
‘‘(iii) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) 
COVERED
ENTITY.—The 
term ‘covered entity’ has the meaning 
given such term in section 34(k). 
‘‘(II) REGISTERED APPRENTICE-
SHIP PROGRAM.—The term ‘registered 
apprenticeship program’ means an ap-
prenticeship program registered under 
the Act of August 16, 1937 (com-
monly known as the National Appren-
ticeship Act; 50 Stat. 664, chapter 
663; 29 U.S.C. 50 et seq.).’’; 
(3) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that any activity under this subsection is 
carried out in a manner that provides for— 
‘‘(i) safety; 
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‘‘(ii) protection of the environment, 
which includes facilitation of the genera-
tion, transmission, and storage of zero- 
emission electricity; 
‘‘(iii) prevention of waste; 
‘‘(iv) conservation of the natural re-
sources of the outer Continental Shelf; 
‘‘(v) coordination with relevant Fed-
eral agencies and State, Tribal, and local 
governments; 
‘‘(vi) protection of national security 
interests of the United States; 
‘‘(vii) protection of correlative rights 
in the outer Continental Shelf; 
‘‘(viii) a fair return to the United 
States for any lease, easement, or right-of- 
way under this subsection; 
‘‘(ix) reasonable uses (as determined 
by the Secretary) of the exclusive economic 
zone, the high seas, and the territorial 
seas; 
‘‘(x) consideration of— 
‘‘(I) the location of, and any 
schedule relating to, a lease, ease-
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ment, or right-of-way for an area of 
the outer Continental Shelf; and 
‘‘(II) any other use of the sea or 
seabed, including use for a fishery, a 
sealane, a potential site of a deep-
water port, or navigation; 
‘‘(xi) public notice and comment on 
any proposal submitted for a lease, ease-
ment, or right-of-way under this sub-
section; 
‘‘(xii) oversight, inspection, research, 
monitoring, and enforcement relating to a 
lease, easement, or right-of-way under this 
subsection; and 
‘‘(xiii) satisfaction of any applicable 
State and Federal renewable and clean en-
ergy mandates, targets, and goals. 
‘‘(B) PROJECT LABOR AGREEMENTS.— 
‘‘(i) IN
GENERAL.—Beginning not 
later than January 1, 2024, the Secretary 
shall require, as a term or condition of 
each lease, right-of-way, and easement, as 
applicable, for an offshore renewable en-
ergy project that the holder of the lease, 
right-of-way, or easement, (and any suc-
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cessor or assignee) and its agents, contrac-
tors, and subcontractors engaged in the 
construction of any facilities for such off-
shore renewable energy project agree, for 
purposes of such construction, negotiate or 
become a party to a project labor agree-
ment with one or more labor organizations. 
A project labor agreement shall bind all 
contractors and subcontractors on the 
project through the inclusion of appro-
priate specifications in all relevant solicita-
tion provisions and contract documents. 
The Secretary shall not approve a con-
struction and operations plan with respect 
to any offshore renewable energy project 
until being assured by the lessee that such 
project labor agreement will be maintained 
for the duration of the project. 
‘‘(ii) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) CONSTRUCTION.—The term 
‘construction’ includes reconstruction, 
rehabilitation, modernization, alter-
ation, conversion, extension, repair, or 
improvement of any facility, structure, 
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or other real property (including any 
onshore facilities) for an offshore re-
newable energy project. 
‘‘(II) LABOR
ORGANIZATION.— 
The term ‘labor organization’ means a 
labor organization as defined in sec-
tion 2(5) of the National Labor Rela-
tions Act (29 U.S.C. 152(5))— 
‘‘(aa) of which building and 
construction employees are mem-
bers; and 
‘‘(bb) 
that 
directly, 
or 
through its affiliates, sponsors a 
registered 
apprenticeship 
pro-
gram. 
‘‘(III) PROJECT
LABOR
AGREE-
MENT.—The 
term 
‘project 
labor 
agreement’ means a pre-hire collective 
bargaining agreement with one or 
more labor organizations that estab-
lishes the terms and conditions of em-
ployment for a specific construction 
project and is an agreement described 
in section 8(e) and (f) of the National 
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Labor Relations Act (29 U.S.C. 
158(f)). 
‘‘(IV) REGISTERED APPRENTICE-
SHIP PROGRAM.—The term ‘registered 
apprenticeship program’ means an ap-
prenticeship program registered under 
the Act of August 16, 1937 (com-
monly known as the National Appren-
ticeship Act; 50 Stat. 664, chapter 
663; 29 U.S.C. 50 et seq.). 
‘‘(C) DOMESTIC CONTENT.— 
‘‘(i) IN
GENERAL.—Beginning not 
later than December 31, 2031, the Sec-
retary shall require that— 
‘‘(I) all structural iron and steel 
products that are (upon completion of 
construction) components of facilities 
for an offshore renewable energy 
project shall be produced in the 
United States; and 
‘‘(II) not less than 80 percent of 
the total costs of all manufactured 
products that are (upon completion of 
construction) components of such fa-
cilities shall be attributable to manu-
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factured products which are mined, 
produced, or manufactured in the 
United States. 
‘‘(ii) WAIVER.—The Secretary may 
waive the requirements of clause (i) in any 
case or category of cases in which the Sec-
retary finds that— 
‘‘(I) applying clause (i) would be 
inconsistent with the public interest; 
‘‘(II) such products are not pro-
duced in the United States in suffi-
cient and reasonably available quan-
tities and of a satisfactory quality; or 
‘‘(III) the use of such products 
will increase the cost of the overall 
project by more than 25 percent. 
‘‘(iii) PUBLIC NOTIFICATION.—If the 
Secretary receives a request for a waiver 
under this subparagraph, the Secretary 
shall make available to the public, on an 
informal basis, a copy of the request and 
information available to the Secretary con-
cerning the request, and shall allow for in-
formal public input on the request for at 
least 15 days prior to making a finding 
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based on the request. The Secretary shall 
make the request and accompanying infor-
mation available to the public by electronic 
means, including on the official public 
Internet site of the Department of the In-
terior. 
‘‘(iv) 
INTERNATIONAL
AGREE-
MENTS.—This paragraph shall be applied 
in a manner consistent with United States 
obligations 
under 
international 
agree-
ments.’’; 
(4) by amending paragraph (10) to read as fol-
lows: 
‘‘(10) APPLICABILITY.— 
‘‘(A) IN GENERAL.—This subsection does 
not apply to any area on the outer Continental 
Shelf within the exterior boundaries of any unit 
of the National Park System, National Wildlife 
Refuge System, or National Marine Sanctuary 
System, or any National Monument. 
‘‘(B) 
CERTAIN
TRANSMISSION
INFRA-
STRUCTURE.—Notwithstanding 
subparagraph 
(A), if otherwise authorized pursuant to the 
National Marine Sanctuaries Act (16 U.S.C. 
1431 et seq.), the Secretary may issue a lease, 
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easement, or right-of-way to enable the trans-
mission of electricity generated by an offshore 
renewable energy project, including a lease, 
easement, or right-of-way for electrical sub-
stations and other infrastructure used to trans-
mit electricity generated by an offshore renew-
able energy project.’’; and 
(5) by adding at the end the following: 
‘‘(11) REGIONAL IMPACT STUDIES.— 
‘‘(A) IN GENERAL.—Beginning two years 
after the date of enactment of this paragraph, 
before holding any lease sale pursuant to para-
graph (1) for an area, the Secretary shall con-
duct a study of such area, or the region that in-
cludes such area, in order to establish informa-
tion needed for assessment and management of 
the environmental impacts on the human, ma-
rine, and coastal environments of the outer 
Continental Shelf and the coastal areas which 
may be affected by offshore renewable energy 
projects in such area or region. 
‘‘(B) INCLUSIONS.—A study conducted 
under subparagraph (A)— 
‘‘(i) may incorporate the best available 
existing science and data; 
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‘‘(ii) may identify areas for which 
there is insufficient science and data; and 
‘‘(iii) shall include consideration of the 
cumulative impacts (including potential 
navigational impacts) of offshore renewable 
energy projects on human, marine, and 
coastal environments. 
‘‘(C) USE OF DATA AND ASSESSMENTS.— 
The Secretary shall use the data and assess-
ments included in studies conducted under this 
paragraph, as appropriate, when deciding— 
‘‘(i) which portions of an area or re-
gion are most appropriate to make avail-
able for leasing; and 
‘‘(ii) whether to issue any permit or 
other authorization that is necessary to 
carry out an offshore renewable energy 
project. 
‘‘(D) NEPA APPLICABILITY.—The Sec-
retary conducting a study under subparagraph 
(A) shall not be considered a major Federal ac-
tion under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).’’. 
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(d) RESERVATIONS.—Section 12(a) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1341(a)) is 
amended to read as follows— 
‘‘(a) WITHDRAWAL OF UNLEASED LANDS BY THE 
PRESIDENT.— 
‘‘(1) IN
GENERAL.—The President of the 
United States may, from time to time, withdraw 
from disposition any of the unleased lands of the 
outer Continental Shelf. 
‘‘(2) REVERSAL FOR CERTAIN OFFSHORE RE-
NEWABLE ENERGY PROJECTS.—With respect to a 
withdrawal under paragraph (1) of unleased lands 
from disposition, the President may reverse such a 
withdrawal only to allow for leasing under section 
(8)(p)(1)(C) and only if the President determines 
that environmental, national security, or national or 
regional energy conditions or demands have changed 
such that a reversal would be in the public inter-
est.’’. 
(e) CITIZEN SUITS, COURT JURISDICTION, AND JU-
DICIAL REVIEW.—Section 23(c)(2) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1349(c)(2)) is amend-
ed to read as follows: 
‘‘(2) Any action of the Secretary to approve, require 
modification of, or disapprove any exploration plan or de-
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velopment and production plan under this Act, or any final 
lease, easement, or right-of-way granted pursuant to sec-
tion (8)(p)(1) (and any related final Federal agency ac-
tions), shall be subject to judicial review only in a United 
States court of appeals for a circuit in which an affected 
State is located.’’. 
SEC. 3. OFFSHORE RENEWABLE ENERGY COMPENSATION 
FUND. 
The Outer Continental Shelf Lands Act (43 U.S.C. 
1331) is amended by adding at the end the following: 
‘‘SEC. 34. OFFSHORE RENEWABLE ENERGY COMPENSATION 
FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States the Offshore Renewable 
Energy Compensation Fund, which shall be used by the 
Secretary to provide to eligible recipients— 
‘‘(1) payments for claims— 
‘‘(A) described under subsection (f)(1); and 
‘‘(B) 
verified 
pursuant 
to 
subsection 
(d)(1); and 
‘‘(2) grants to carry out mitigation activities de-
scribed in subsection (f)(2). 
‘‘(b) AVAILABILITY OF FUND.—The Fund shall be 
available to the Secretary without fiscal year limitations 
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for the purpose of providing payments and grants under 
subsection (a). 
‘‘(c) ACCOUNTS.—The Fund shall— 
‘‘(1) consist of the royalties, fees, rentals, bo-
nuses, and other payments deposited under section 
8(p)(2)(D); and 
‘‘(2) be divided into separate area accounts 
from which payments and grants shall be provided 
based on the area in which damages occur. 
‘‘(d) REGULATIONS.—The Secretary shall establish, 
by regulation, a process to— 
‘‘(1) file, process, and verify claims for purposes 
of providing payments under subsection (a)(1); and 
‘‘(2) apply for a grant provided under sub-
section (a)(2). 
‘‘(e) PAYMENT AMOUNT.—Payments provided under 
subsection (a)(1) shall— 
‘‘(1) be based on the scope of the verified claim; 
‘‘(2) be fair and provided efficiently and in a 
transparent manner; and 
‘‘(3) if the eligible recipient receiving the pay-
ment has or will receive direct compensation for the 
verified claim pursuant to a community benefit 
agreement or other agreement between such eligible 
recipient and a holder of a lease, easement, or right- 
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of-way, be reduced by an amount that is equal to the 
amount of such direct compensation. 
‘‘(f) ELIGIBLE CLAIMS; MITIGATION GRANTS.— 
‘‘(1) ELIGIBLE
CLAIMS.—A payment may be 
provided under subsection (a)(1) for a claim to— 
‘‘(A) replace or repair gear that was lost or 
damaged by the development of an offshore re-
newable energy project; or 
‘‘(B) replace income that was lost from the 
development of an offshore renewable energy 
project. 
‘‘(2) MITIGATION
GRANTS.—If the Secretary 
determines that there are sufficient amounts in an 
area account of the Fund to provide payments for 
all verified claims at any given time, the Secretary 
may use amounts in the Fund to provide grants to 
eligible recipients, and other entities determined ap-
propriate by the Secretary, to mitigate the potential 
effects of development of an offshore renewable en-
ergy project, including by paying for gear changes, 
navigation technology improvements, and other 
measures to enhance safety. 
‘‘(g) ADVISORY GROUP.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and regularly convene an advisory group that 
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shall provide recommendations on the development 
and administration of this section. 
‘‘(2) 
MEMBERSHIP.—The 
advisory 
group 
shall— 
‘‘(A) be comprised of individuals— 
‘‘(i) appointed by the Secretary; and 
‘‘(ii) representing the geographic di-
versity of areas impacted by the develop-
ment of offshore renewable energy projects; 
and 
‘‘(B) include representatives from— 
‘‘(i) recreational fishing interests; 
‘‘(ii) commercial fishing interests; 
‘‘(iii) Tribal fishing interests; 
‘‘(iv) the National Marine Fisheries 
Services; 
‘‘(v) the fisheries science community; 
and 
‘‘(vi) other fields of expertise nec-
essary to effectively develop and administer 
this section, as determined by the Sec-
retary. 
‘‘(3) TRAVEL EXPENSES.—The Secretary may 
provide amounts to any member of the advisory 
group to pay for travel expenses, including per diem 
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in lieu of subsistence, at rates authorized for an em-
ployee of an agency under section 5703 of title 5, 
United States Code, while away from the home or 
regular place of business of the member in the per-
formance of the duties of the advisory group. 
‘‘(h) INSUFFICIENT FUNDS.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
that an area account does not contain a sufficient 
amount to provide payments under subsection 
(a)(1), the Secretary may, not more than once each 
calendar year, require any holder of an offshore re-
newable energy lease located within the area covered 
by the area account to pay an amount specified by 
the Secretary, which shall be deposited into such 
area account. 
‘‘(2) AMOUNT.—No holder of an offshore re-
newable energy lease shall be required to pay an 
amount in excess of $1 per acre of the leased land 
described in paragraph (1). 
‘‘(i) ADMINISTRATIVE EXPENSES.—The Secretary 
may use up to 15 percent of any amount deposited into 
the Fund under section 8(p)(2)(D) for administrative ex-
penses to carry out this section. 
‘‘(j) ANNUAL REPORT.—The Secretary shall submit 
to Congress, and make publicly available, an annual report 
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on activities carried out under this section, including a de-
scription of claims filed and the amount of payments and 
grants provided. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) COVERED ENTITY.—The term ‘covered en-
tity’ means a community, stakeholder, or tribal in-
terest— 
‘‘(A) that uses a geographic space of a 
lease area, or uses resources harvested from a 
geographic space of a lease area; and 
‘‘(B) for which such use is directly and ad-
versely impacted by the development of an off-
shore renewable energy project located in such 
leased area. 
‘‘(2) ELIGIBLE RECIPIENT.—The term ‘eligible 
recipient’ means— 
‘‘(A) a covered entity that is located in the 
United States; or 
‘‘(B) a regional association, cooperative, 
non-profit organization, commission, or corpora-
tion that— 
‘‘(i) serves a covered entity; 
‘‘(ii) acts on behalf of a covered entity 
for purposes of this section, including by 
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submitting a claim for a covered entity; 
and 
‘‘(iii) is located in the United States. 
‘‘(3) FUND.—The term ‘Fund’ means the Off-
shore Renewable Energy Compensation Fund estab-
lished under subsection (a). 
‘‘(4) LEASE
AREA.—The term ‘lease area’ 
means an area covered by an offshore renewable en-
ergy lease. 
‘‘(5) OFFSHORE RENEWABLE ENERGY LEASE.— 
The term ‘offshore renewable energy lease’ means a 
lease, easement, or right-of-way granted under sec-
tion 8(p)(1)(C).’’. 
SEC. 4. IMPROVING ENVIRONMENTAL REVIEWS TO ENSURE 
TIMELY PERMITTING DECISIONS. 
(a) BUREAU OF OCEAN ENERGY MANAGEMENT.—In 
addition to amounts otherwise available, there is appro-
priated to the Secretary of the Interior for fiscal year 
2023, out of any money in the Treasury not otherwise ap-
propriated, $50,000,000 to remain available until ex-
pended, to provide for the hiring and training of personnel, 
the development of programmatic environmental docu-
ments, the procurement of technical or scientific services 
for environmental reviews, support of regional ocean data 
portals, the development of environmental data or infor-
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mation systems (including efforts to standardize, establish 
a baseline for, publish, or otherwise improve the consist-
ency of environmental data), the development of pre-appli-
cation components, stakeholder and community engage-
ment, updates to the Marine Cadastre for advancements 
in spatial data analysis and deconfliction, the purchase of 
new equipment for environmental analysis, and coordina-
tion (including through the public tracking of Federal au-
thorizations and reviews) to facilitate timely and efficient 
permitting of offshore renewable energy projects. 
(b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION.—In addition to amounts otherwise available, 
there is appropriated to the Secretary of Commerce for 
fiscal year 2023, out of any money in the Treasury not 
otherwise appropriated, $45,000,000 to remain available 
until expended, to provide for the hiring and training of 
personnel, the development of programmatic environ-
mental documents, the procurement of technical or sci-
entific services for environmental reviews, support of re-
gional ocean data portals, the development of environ-
mental data or information systems (including efforts to 
standardize, baseline, publish, or otherwise improve the 
consistency of environmental data), stakeholder and com-
munity engagement, updates to the Marine Cadastre for 
advancements in spatial data analysis and deconfliction, 
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adaptation of scientific and fisheries surveys, and the pur-
chase of new equipment for environmental analysis to fa-
cilitate timely and efficient environmental reviews for the 
permitting of offshore renewable energy projects. 
SEC. 5. REPORT ON DECOMMISSIONING OF OFFSHORE RE-
NEWABLE ENERGY PROJECTS. 
Not later than 5 years after the date of enactment 
of this Act, the Secretary of the Interior shall submit to 
Congress, and make publicly available, a report evaluating 
decommissioning options for offshore renewable energy 
projects, including an assessment of the potential for the 
holder of a lease, easement, or right-of-way to keep facili-
ties in place or otherwise convert such facilities to artificial 
reefs to support marine habitats, provided that such facili-
ties will not adversely impact navigation, national security, 
the marine environment, or other competing uses of the 
outer Continental Shelf. 
SEC. 6. OFFSHORE POWER ADMINISTRATION. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of Energy 
shall establish the Offshore Power Administration. 
(b) AUTHORITIES.— 
(1) IN GENERAL.—The Offshore Power Admin-
istration may, subject to paragraphs (2) and (3)— 
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(A) construct, finance, facilitate, plan, op-
erate, maintain, acquire, and study covered 
transmission infrastructure; and 
(B) support construction, financing, facili-
tation, planning, operation, maintenance, acqui-
sition, and study of covered transmission infra-
structure. 
(2) LIMITATION ON CONSTRUCTION.— 
(A) IN
GENERAL.—The Offshore Power 
Administration may not construct covered 
transmission infrastructure in any region until 
the Secretary of Energy has made a determina-
tion (in consultation with the Secretary of the 
Interior) that the relevant State governments, 
regional transmission organizations, offshore re-
newable energy project developers, and other 
stakeholders the Secretary of Energy deter-
mines are relevant in such region have failed to 
adequately coordinate and cooperate on the de-
velopment and use of shared covered trans-
mission infrastructure. 
(B) INITIAL
DELAY.—The Secretary of 
Energy may not make a determination under 
this paragraph sooner than 3 years after the 
date of enactment of this Act. 
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