Sec. 405. Offshore wind for the territories
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/bill/117/hr/2780/ih/section-405·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— in subsection
(a)by inserting 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, except that such term shall not include any area conveyed by Congress to a territorial government for administration after control ; in subsection (p), by striking and after the semicolon at the end; in subsection (q), by striking the period at the end and inserting ; and ; and by adding at the end the following: The term State means the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. . Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended by adding at the end the following: 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. . The Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.) is amended by adding at the end the following: The Secretary may conduct wind lease sales on the Outer Continental Shelf. Any wind lease sale conducted under this section shall be considered a lease under section 8(p). The Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, and the potential environmental effects of, conducting wind lease sales on an area of the Outer Continental Shelf within the territorial jurisdiction of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. In conducting the study required in subparagraph (A), the Secretary shall consult— the National Laboratories, that term is defined in section 2 of the Energy Policy Act of 2005; the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and National Marine Fisheries Service; and the Governor of each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. The study required in subparagraph
(A)shall be published in the Federal Register for public comment for a period of not fewer than 60 days. 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— the Committee on Energy and Natural Resources of the Senate; the Committee on Natural Resources of the House of Representatives; and each Delegate 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. The Secretary shall publish the study required under subparagraph
(A)and results submitted under subparagraph
(D)on a public website. 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). 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: The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible. The Secretary has determined that the call for information has generated sufficient interest for the area. The Secretary has consulted with the Secretary of Defense and other relevant Federal agencies regarding such a sale. The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. If no area of the Outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses
(i)through
(iv)of subparagraph (A), the requirement under subparagraph
(A)shall not apply to such territory. .
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