Title: Offshore Wind for Territories Act
Policy area: Energy

Summary:
Offshore Wind for Territories Act
This bill addresses offshore wind development and coral reef conservation.
The Department of the Interior may conduct wind and mineral development lease sales on the Outer Continental Shelf in the U.S. Exclusive Economic Zone adjacent to U.S. territories.
The bill establishes the Coral Reef Conservation Fund for the Department of Commerce to carry out the Coral Reef Conservation Act of 2000, including to preserve, sustain, and restore the condition of coral reef ecosystems.
The bill also specifies requirements for distributing revenues from the leases authorized by this bill to the Treasury, the Coral Reef Conservation Fund, and U.S. territories.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 499 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 499

To amend the Outer Continental Shelf Lands Act to apply to territories 
      of the United States, to establish offshore wind lease sale 
requirements, to provide dedicated funding for coral reef conservation, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2019

  Mr. Cassidy introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Outer Continental Shelf Lands Act to apply to territories 
      of the United States, to establish offshore wind lease sale 
requirements, to provide dedicated funding for coral reef conservation, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Offshore Wind for Territories Act''.

SEC. 2. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT 
              TO TERRITORIES OF THE UNITED STATES.

    (a) In General.--Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended--
            (1) in paragraph (a)--
                    (A) by inserting after ``control'' the following: 
                ``or lying within the exclusive economic zone of the 
                United States and the outer Continental Shelf adjacent 
                to any territory or possession of the United States''; 
                and
                    (B) by adding at the end before the semicolon the 
                following: ``, except that such term shall not include 
                any area conveyed by Congress to a territorial 
                government for administration'';
            (2) in paragraph (p), by striking ``and'' after the 
        semicolon at the end;
            (3) in paragraph (q), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
    ``(r) The term `State' includes each territory of the United 
States.''.
    (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1344) is amended by adding at the end the following:
    ``(i) This section shall not apply to the scheduling of lease sales 
in the outer Continental Shelf adjacent to the territories and 
possessions of the United States.''.

SEC. 3. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE 
              UNITED STATES.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended--
            (1) by striking ``All rentals'' and inserting the 
        following:
    ``(a) In General.--Except as otherwise provided in law, all 
rentals''; and
            (2) by adding at the end the following:
    ``(b) Disposition of Revenues to Territories of the United 
States.--Of the rentals, royalties, and other sums paid to the 
Secretary under this Act from a lease for an area of land on the outer 
Continental Shelf adjacent to a territory and lying within the 
exclusive economic zone of the United States pertaining to such 
territory, and not otherwise obligated or appropriated--
            ``(1) 50 percent shall be deposited in the Treasury and 
        credited to miscellaneous receipts;
            ``(2) 12.5 percent shall be deposited in the Coral Reef 
        Conservation Fund established under section 211 of the Coral 
        Reef Conservation Act of 2000; and
            ``(3) 37.5 percent shall be disbursed to territories of the 
        United States in an amount for each territory (based on a 
        formula established by the Secretary by regulation) that is 
        inversely proportional to the respective distance between the 
        point on the coastline of the territory that is closest to the 
        geographic center of the applicable leased tract and the 
        geographic center of the leased tract.''.

SEC. 4. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.

    (a) Conditional Wind Lease Sales in Territories of the United 
States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
is amended by adding at the end the following:

``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.

    ``(a) Authorization.--The Secretary may conduct wind lease sales on 
the outer Continental Shelf.
    ``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted 
under this section shall be considered a lease under section 8(p).
    ``(c) Wind Lease Sales Off Coasts of Territories of the United 
States.--
            ``(1) Study on feasibility of conducting wind lease 
        sales.--
                    ``(A) In general.--The Secretary shall conduct a 
                study on the feasibility, including the technological 
                and long-term economic feasibility, of conducting wind 
                lease sales on an area of the outer Continental Shelf 
                within the territorial jurisdiction of American Samoa, 
                Guam, the Northern Mariana Islands, Puerto Rico, and 
                the Virgin Islands of the United States.
                    ``(B) Consultation.--In conducting the study 
                required in paragraph (A), the Secretary shall 
                consult--
                            ``(i) the National Renewable Energy 
                        Laboratory of the Department of Energy; and
                            ``(ii) the Governor of each of American 
                        Samoa, Guam, the Northern Mariana Islands, 
                        Puerto Rico, and the Virgin Islands of the 
                        United States.
                    ``(C) Publication.--The study required in paragraph 
                (A) shall be published in the Federal Register for 
                public comment for not fewer than 60 days.
                    ``(D) Submission of results.--Not later than 18 
                months after the date of the enactment of this section, 
                the Secretary shall submit the results of the study 
                conducted under subparagraph (A) to:
                            ``(i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            ``(ii) the Committee on Natural Resources 
                        of the House of Representatives; and
                            ``(iii) each of the delegates or resident 
                        commissioner to the House of Representatives 
                        from American Samoa, Guam, the Northern Mariana 
                        Islands, Puerto Rico, and the Virgin Islands of 
                        the United States, respectively.
                    ``(E) Public availability.--The study required 
                under subparagraph (A) and results submitted under 
                subparagraph (C) shall be made readily available on a 
                public Government internet website.
            ``(2) Call for information and nominations.--The Secretary 
        shall issue a call for information and nominations for proposed 
        wind lease sales for areas determined to be feasible under the 
        study conducted under paragraph (1).
            ``(3) Conditional wind lease sales.--
                    ``(A) In general.--For each territory, the 
                Secretary shall conduct not less than 1 wind lease sale 
                on an area of the outer Continental Shelf within the 
                territorial jurisdiction of such territory that meets 
                each of the following criteria:
                            ``(i) The study required under paragraph 
                        (1)(A) concluded that a wind lease sale on the 
                        area is feasible.
                            ``(ii) The Secretary has determined that 
                        the call for information has generated 
                        sufficient interest for the area.
                            ``(iii) The Secretary has consulted with 
                        the Secretary of Defense regarding such a sale.
                            ``(iv) The Secretary has consulted with the 
                        Governor of the territory regarding the 
                        suitability of the area for wind energy 
                        development.
                    ``(B) Exception.--If no area of the outer 
                Continental Shelf within the territorial jurisdiction 
                of a territory meets each of the criteria in clauses 
                (i) through (iii) of subparagraph (A), the requirement 
                under subparagraph (A) shall not apply to such 
                territory.''.

SEC. 5. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND.

    (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 
6401 et seq.) is amended by adding at the end the following:

``SEC. 211. CORAL REEF CONSERVATION FUND.

    ``(a) Establishment.--There is established in the Treasury the 
Coral Reef Conservation Fund, hereafter referred to as the Fund.
    ``(b) Deposits.--For each fiscal year, there shall be deposited in 
the Fund the portion of such revenues due and payable to the United 
States under subsection (b)(2) of section 9 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1338).
    ``(c) Uses.--Amounts deposited in the Fund under this section and 
appropriated to the Secretary of Commerce under subsection (f) shall be 
used by the Secretary of Commerce to carry out the Coral Reef 
Conservation Act of 2000 (16 U.S.C. 6401 et seq.), with priority given 
to carrying out sections 204 and 206 of such Act (16 U.S.C. 6403 and 
6405).
    ``(d) Availability.--Amounts deposited in the Fund shall remain in 
the Fund until appropriated by Congress.
    ``(e) Reporting.--The President shall include with the proposed 
budget for the United States Government submitted to Congress for a 
fiscal year a comprehensive statement of deposits into the Fund during 
the previous fiscal year and estimated requirements during the 
following fiscal year for appropriations from the Fund.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated from the Fund to the Secretary of Commerce, an amount 
equal to the amount deposited in the Fund in the previous fiscal year.
    ``(g) No Limitation.--Appropriations from the Fund pursuant to this 
section may be made without fiscal year limitation.''.
    (b) Renaming of Existing Fund.--Section 205 of the Coral Reef 
Conservation Act of 2000 (16 U.S.C. 6404) is amended--
            (1) in the heading, by striking ``coral reef conservation 
        fund'' and inserting ``coral reef public-private partnership'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking ``Fund'' 
                and inserting ``Public-Private Partnership''; and
                    (B) by striking ``, hereafter referred to as the 
                Fund,''; and
            (3) in subsection (b), by striking ``Fund'' and inserting 
        ``separate interest bearing account''.
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