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Code · BILL · 118th Congress · S. 5441 (Introduced in Senate) — To provide for offshore wind energy development, and for other purposes. · Sec. 122

Sec. 122. Offshore wind lease auctions

651 words·~3 min read·/bill/118/s/5441/is/section-122

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In awarding an offshore wind lease under section 8(p) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p) ), the Secretary may offer bidding credits for nonmonetary factors and commitments made by the bidder— to support or increase access to registered apprenticeship programs and pre-apprenticeship programs that have an articulation agreement with a registered apprenticeship program for offshore wind energy projects; to support development of domestic supply chains for offshore wind projects, including development of ports and other energy infrastructure necessary to facilitate offshore wind energy projects; to establish with 1 or more communities or groups that may be potentially impacted by a proposed project, which may include eligible entities (as determined by the Secretary), a community benefit agreement that— may include workforce agreements, project labor agreements, grants, and nonmonetary investments; and prioritizes legally binding agreements described in subparagraph (A); to make investments to evaluate, monitor, improve, and mitigate impacts to the health and biodiversity of ecosystems and wildlife within the leased area, to include relevant ecosystems and wildlife that could be impacted by the proposed offshore wind energy project; to use preferred cable routes identified under section 132(a); and to make other investments, as determined appropriate by the Secretary.
In a leasing bid under subsection (a), the combined value of bidding credits for any non-monetary factors or commitments shall not exceed 25 percent of the bid amount for the lease area. Section 8(p) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p) ) is amended by striking paragraph
(4)and inserting the following: The Secretary shall ensure that any activity under this subsection is carried out in a manner that provides for a balance of— safety; the protection of the environment; the prevention of waste; the conservation of the natural resources of the outer Continental Shelf; coordination with relevant Federal agencies and Tribal, State, and local governments; the protection of the national security interests of the United States, including energy security; the protection of correlative rights in the outer Continental Shelf, including the energy generation potential of other offshore renewable energy leases; a fair return to the United States for any lease, easement, or right-of-way under this subsection; prevention of unreasonable interference with other uses of the exclusive economic zone, the high seas, and the territorial seas, as determined by the Secretary; consideration of— the location of, and any schedule relating to, a lease, easement, or right-of-way for an area of the outer Continental Shelf; and any other use of the sea or seabed, including use for a fishery or fishery survey, a sealane, a regional coastal observing system or other scientific observation platform such as a buoy, a potential site of a deepwater port, or navigation; public notice and comment on any proposal submitted for a lease, easement, or right-of-way under this subsection; the oversight, inspection, research, monitoring, and enforcement relating to a lease, easement, or right-of-way under this subsection; and the consideration of any applicable Federal, Tribal, and State renewable energy mandates, targets, and goals. . For each offshore wind project within a lease awarded under section 8(p) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p) ), the Secretary, the Administrator, and the Secretary of the Army, acting through the Chief of Engineers, shall each assign a designated project manager to oversee, commensurate with agency authorities, the offshore wind project from the point of award through the end of the construction process. A project manager designated under paragraph
(1)shall coordinate and collaborate with the applicable project coordinator from the Bureau of Ocean Energy Management for the project. The offshore wind lease holder under this section shall be considered to have site control for purposes of submitting an interconnection request in accordance with the pro forma Large Generator Interconnection Procedures of the Federal Energy Regulatory Commission promulgated pursuant to section 35.28(f) of title 18, Code of Federal Regulations (or successor regulations).
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Sec. 122
Offshore wind lease auctions
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