HR3742-119

3. Responsible development of offshore renewable energy projects Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended— in the definition for the term State, as added by section 50251(b)(1)(A)(iv) of Public Law 117–169— by redesignating such definition as subsection (t); and by inserting after the enumerator State.—; and by adding at the end the following: 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. Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1332) is amended— by amending paragraph (3) to read as follows: the outer Continental Shelf is a vital national resource reserve held by the Federal Government 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 includes— supporting the generation, transmission, and storage of zero-emission electricity; and the maintenance of competition and other national needs, including the need to achieve State, Tribal, and Federal zero-emission electricity or renewable energy mandates, targets, and goals; by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and by inserting after paragraph (4) the following: the identification, development, and production of lease areas for offshore renewable energy projects should be determined by a robust and transparent stakeholder process that incorporates engagement and input from a diverse group of ocean users and other impacted stakeholders, as well as Federal, State, Tribal, and local governments; Section 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended— in paragraph (2)— in subparagraph (B)— by striking 27 and inserting 17; by striking three and inserting 100; and by striking 15 and inserting 100; and by adding at the end the following: Notwithstanding section 9, the Secretary shall, without appropriation or fiscal year limitation, use 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 subsection to provide grants to— State, local, and Tribal governments, and regional partnerships thereof, including regional ocean partnerships, regional wildlife science collaboratives, and similar organizations; and nonprofit organizations. Grants provided under clause (i) shall be used for carrying out activities related to marine and coastal habitat protection and restoration, mitigation of damage to natural and cultural resources and marine life resulting from activities authorized by this subsection, relevant research and data sharing initiatives, or increasing the organizational capacity of an entity described in subclause (I) or (II) of clause (i) to increase the effectiveness of entities that carry out such activities. 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 subsection into the Offshore Renewable Energy Compensation Fund established under section 34. by amending paragraph (3) to read as follows: The Secretary shall issue a lease, easement, or right-of-way under paragraph (1) on a competitive basis unless the Secretary determines after public notice of a proposed lease, easement, or right-of-way that there is no competitive interest. The Secretary shall, after providing an opportunity for public notice and comment, publish and periodically update a schedule of areas that may be available for leasing in the future for offshore renewable energy projects, indicating, to the extent 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. The Secretary may consider non-monetary factors when competitively awarding leases under paragraph (1), which may include commitments made by the bidder to— support educational, training, and skills development, including supporting or increasing access to registered apprenticeship programs, pre-apprenticeship programs, and Tribal apprenticeships programs that have an articulation agreement with a registered apprenticeship program for offshore renewable energy projects; support development of domestic supply chains for offshore renewable energy projects, including development of ports and other energy infrastructure necessary to facilitate offshore renewable energy projects; establish a community benefit agreement with one or more community or stakeholder groups that may be impacted by the development and operation of an offshore renewable project, which may include covered entities; make investments to evaluate, monitor, improve, and mitigate impacts to the health and biodiversity of ecosystems and wildlife from the development and operation of an offshore renewable energy project; support the development and use of shared transmission infrastructure connecting to offshore renewable energy projects; make investments in the preservation of Tribal cultural resources and mitigate any impacts from the development and operation of an offshore renewable energy project on such resources; and make other investments determined appropriate by the Secretary. When considering non-monetary factors under this subparagraph, the Secretary may— evaluate the quality of commitments made by the bidder; and reward finalized binding agreements above assurances for future commitments. In this subparagraph: The term covered entity has the meaning given such term in section 34(k). The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). by amending paragraph (4) to read as follows: The Secretary shall ensure that any activity under this subsection is carried out in a manner that provides for— safety; protection of the environment, which includes facilitation of the generation, transmission, and storage of zero-emission electricity; prevention of waste; conservation of the natural resources of the outer Continental Shelf; conservation of Tribal cultural resources of the outer Continental Shelf; coordination with relevant Federal agencies and State, Tribal, and local governments; protection of national security interests of the United States; protection of correlative rights in the outer Continental Shelf; a fair return to the United States for any lease, easement, or right-of-way under this subsection; accommodation of reasonable uses (as determined by the Secretary) of the exclusive economic zone, the high seas, and the territorial seas; 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, a sealane, a potential site of a deepwater port, or navigation; public notice and comment, and Tribal consultation in accordance with paragraph (7), on any proposal submitted for a lease, easement, or right-of-way under this subsection; oversight, inspection, research, monitoring, and enforcement relating to a lease, easement, or right-of-way under this subsection; and satisfaction or partial satisfaction of any applicable State and Federal renewable and clean energy mandates, targets, and goals. Beginning not later than January 1, 2027, the Secretary shall require, as a term or condition of each lease, right-of-way, and easement, as applicable, for an offshore renewable energy project, that the holder of the lease, right-of-way, or easement, (and any successor or assignee) and its agents, contractors, and subcontractors engaged in the construction of any facilities for such offshore renewable energy project agree, for purposes of such construction, to negotiate and become a party to a project labor agreement with one or more labor organizations. A project labor agreement shall bind all contractors and subcontractors on the project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents. The Secretary shall not approve a construction 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. In this subparagraph: The term construction includes reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of any facility, structure, or other real property (including any onshore facilities) for an offshore renewable energy project. The term labor organization means a labor organization as defined in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5))— of which building and construction employees are members; and that directly, or through its affiliates, sponsors a registered apprenticeship program. The term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in section 8(e) and (f) of the National Labor Relations Act (29 U.S.C. 158(f)). The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). With respect to the construction of facilities for an offshore renewable energy project that begins after January 1, 2033, the Secretary shall require that— all structural iron and steel products that are (upon completion of construction) components of such facilities shall be produced in the United States; and not less than 65 percent of the total costs of all manufactured products that are (upon completion of construction) components of such facilities shall be attributable to manufactured products which are mined, produced, or manufactured in the United States. The Secretary may waive the requirements of clause (i) in any case or category of cases in which the Secretary finds that— applying clause (i) would be inconsistent with the public interest; such products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or the use of such products will increase the cost of the overall project by more than 25 percent. If the Secretary receives a request for a waiver under clause (ii), the Secretary shall make available to the public a copy of the request and information available to the Secretary concerning the request, and shall allow for informal public input on the request for at least 15 business days prior to making a finding based on the request. The Secretary shall make the request and accompanying information available to the public by electronic means, including on the official public internet site of the Department of the Interior. This subparagraph shall be applied in a manner consistent with United States obligations under international agreements. In this subparagraph, the term produced in the United States means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. by amending paragraph (7) to read as follows: The Secretary shall provide for coordination and consultation with the Governor of any State or the executive of any local government that may be affected by a lease, easement, or right-of-way under this subsection. The Secretary shall conduct meaningful and timely consultation with Indian Tribes (following the procedures of Executive Order 13175 (25 U.S.C. 5301 note), the President’s Memorandum of Uniform Standards for Tribal Consultation, issued on November 30, 2022, or any subsequent order) before undertaking any activities under this subsection, including holding a lease sale, that may have a direct, indirect, or cumulative impact on— the land, including allotted, ceded, or traditional land, or interests in such land of an Indian Tribe or member of an Indian Tribe; Tribal land, cultural practices, resources, or access to traditional areas of cultural or religious importance; any part of any Federal land that shares a border with Indian country, as such term is defined in section 1151 of title 18, United States Code; the protected rights of an Indian Tribe, whether or not such rights are enumerated in a treaty, including water, hunting, gathering, and fishing rights; the ability of an Indian Tribe to govern or provide services to members of the Indian Tribe; the relationship between the Federal Government and an Indian Tribe; or the trust responsibility of the Federal Government to an Indian Tribe. Notwithstanding any other provision of law, at the request of the applicable Indian Tribe or Tribal government, any Tribal consultation process conducted for the purpose of carrying out this subparagraph shall be closed to the public. Notwithstanding any other provision of law, during a Tribal consultation process conducted for the purpose of carrying out this subparagraph, if the applicable Indian Tribe or Tribal government designates any information, such as the location of a sacred site or other detail of a cultural or religious practice, as sensitive, that information shall be protected by law as confidential and withheld from any public disclosure or publication made as part of such Tribal consultation process or in any other process of carrying out this Act. If information has been designated as sensitive under subclause (II), the Secretary shall determine, in consultation with the applicable Indian Tribe or Tribal government, who may have access to the information for the purposes of carrying out this Act. by amending paragraph (10) to read as follows: 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. 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, easement, or right-of-way to enable the transmission of electricity generated by an offshore renewable energy project. In issuing a lease, easement, or right-of-way under clause (i), the Secretary may approve and regulate, as necessary, the construction and operation of transmission facilities and related infrastructure for the transmission of electricity generated by an offshore renewable energy project in a manner that minimizes environmental impacts and harm to Tribal cultural resources. In approving and regulating the construction and operation of facilities under clause (ii), the Secretary shall coordinate with the Secretary of Commerce to ensure the duration of any necessary authorizations of such facilities under the National Marine Sanctuaries Act aligns with the duration of the relevant leases, easements, or rights-of-way issued under clause (i). by adding at the end the following: Beginning three years after the date of enactment of this paragraph, before holding any lease sale pursuant to paragraph (1) for an area, the Secretary shall conduct a study of such area, or the wider planning area that includes such area, in order to establish information needed for assessment and management of the environmental impacts on the human, marine, and coastal environments, and the Tribal cultural resources, of the outer Continental Shelf and the coastal areas which may be affected by offshore renewable energy projects in such area or planning area. A study conducted under subparagraph (A) shall— incorporate the best available existing science and data, including Tribal Traditional Ecological Knowledge; identify areas for which there is insufficient science and data; and include consideration of the cumulative impacts (including potential navigational impacts) of offshore renewable energy projects on human, marine, and coastal environments. The Secretary shall use the data and assessments from studies conducted under this paragraph, as appropriate, when deciding— which portions of an area or region are most appropriate to make available for leasing; and whether to issue any permit or other authorization that is necessary to carry out an offshore renewable energy project. The Secretary shall not consider a study conducted under subparagraph (A) to be a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969. The Secretary, in consultation with the Secretary of Commerce, may award grants to entities to build organizational capacity and enhance engagement opportunities related to offshore renewable energy project development, including environmental and cultural reviews and permitting activities of such projects. Grants awarded under subparagraph (A) shall be for— enabling States, Indian Tribes, affected ocean users, and nonprofit associations that represent affected ocean users to compile data, conduct analyses, educate stakeholders, and complete other activities relating to offshore renewable energy project development; engaging in planning activities related to the development of offshore renewable energy projects to— determine potential economic, social, public health, environmental, and cultural benefits and impacts resulting from offshore renewable energy projects; and identify opportunities to mitigate such impacts; facilitating siting of offshore renewable energy projects and associated electric transmission infrastructure; and hiring and training of personnel, and other activities designed to increase the capacity of States, Indian Tribes, and nonprofit associations, as applicable, to carry out activities described in clauses (i) through (iii). When awarding grants under subparagraph (A), the Secretary shall prioritize awarding grants that will be used to build organizational capacity and enhance community engagement opportunities of Indian Tribes. There are authorized to be appropriated to the Secretary to carry out this paragraph $25,000,000 for each of fiscal years 2026 through 2030. Section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)) is amended to read as follows: The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf. With respect to a withdrawal under paragraph (1) of unleased lands from disposition, the President may modify such a withdrawal only to allow for leasing under section 8(p)(1)(C) and only if the President determines that environmental, Tribal, national security, or national or regional energy conditions or demands have changed such that a modification would be in the public interest. Section 23(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(c)(2)) is amended to read as follows: Any action of the Secretary to approve, require modification of, or disapprove any exploration plan or development and production plan under this Act, or any plan, final lease, easement, or right-of-way granted pursuant to section (8)(p)(1) (and any related final Federal agency actions), shall be subject to judicial review only in a United States court of appeals for a circuit in which an affected State or Indian Tribe is located. (u)Offshore renewable energy projectThe 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.. (3)the outer Continental Shelf is a vital national resource reserve held by the Federal Government 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 includes—(A)supporting the generation, transmission, and storage of zero-emission electricity; and(B)the maintenance of competition and other national needs, including the need to achieve State, Tribal, and Federal zero-emission electricity or renewable energy mandates, targets, and goals;; (5)the identification, development, and production of lease areas for offshore renewable energy projects should be determined by a robust and transparent stakeholder process that incorporates engagement and input from a diverse group of ocean users and other impacted stakeholders, as well as Federal, State, Tribal, and local governments;. (C)Payments for conservation and mitigation activities(i)In generalNotwithstanding section 9, the Secretary shall, without appropriation or fiscal year limitation, use 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 subsection to provide grants to—(I)State, local, and Tribal governments, and regional partnerships thereof, including regional ocean partnerships, regional wildlife science collaboratives, and similar organizations; and(II)nonprofit organizations.(ii)Use of grantsGrants provided under clause (i) shall be used for carrying out activities related to marine and coastal habitat protection and restoration, mitigation of damage to natural and cultural resources and marine life resulting from activities authorized by this subsection, relevant research and data sharing initiatives, or increasing the organizational capacity of an entity described in subclause (I) or (II) of clause (i) to increase the effectiveness of entities that carry out such activities.(D)Offshore renewable energy compensation fundNotwithstanding 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 subsection into the Offshore Renewable Energy Compensation Fund established under section 34.; (3)Leasing(A)Competitive or noncompetitive basisThe Secretary shall issue a lease, easement, or right-of-way under paragraph (1) on a competitive basis unless the Secretary determines after public notice of a proposed lease, easement, or right-of-way that there is no competitive interest.(B)Schedule of offshore renewable energy lease salesThe Secretary shall, after providing an opportunity for public notice and comment, publish and periodically update a schedule of areas that may be available for leasing in the future for offshore renewable energy projects, indicating, to the extent 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 generalThe Secretary may consider non-monetary factors when competitively awarding leases under paragraph (1), which may include commitments made by the bidder to—(I)support educational, training, and skills development, including supporting or increasing access to registered apprenticeship programs, pre-apprenticeship programs, and Tribal apprenticeships programs that have an articulation agreement with a registered apprenticeship program for offshore renewable energy projects;(II)support development of domestic supply chains for offshore renewable energy projects, including development 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 that may be impacted by the development and operation of an offshore renewable project, which may include covered entities;(IV)make investments to evaluate, monitor, improve, and mitigate impacts to the health and biodiversity of ecosystems and wildlife from the development and operation of an offshore renewable energy project;(V)support the development and use of shared transmission infrastructure connecting to offshore renewable energy projects;(VI)make investments in the preservation of Tribal cultural resources and mitigate any impacts from the development and operation of an offshore renewable energy project on such resources; and(VII)make other investments determined appropriate by the Secretary.(ii)Contractual commitmentsWhen considering non-monetary factors under this subparagraph, the Secretary may—(I)evaluate the quality of commitments made by the bidder; and(II)reward finalized binding agreements above assurances for future commitments.(iii)DefinitionsIn this subparagraph:(I)Covered entityThe term covered entity has the meaning given such term in section 34(k).(II)Registered apprenticeship programThe term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).; (4)Requirements(A)In generalThe Secretary shall ensure that any activity under this subsection is carried out in a manner that provides for—(i)safety;(ii)protection of the environment, which includes facilitation of the generation, transmission, and storage of zero-emission electricity;(iii)prevention of waste;(iv)conservation of the natural resources of the outer Continental Shelf;(v)conservation of Tribal cultural resources of the outer Continental Shelf;(vi)coordination with relevant Federal agencies and State, Tribal, and local governments;(vii)protection of national security interests of the United States;(viii)protection of correlative rights in the outer Continental Shelf;(ix)a fair return to the United States for any lease, easement, or right-of-way under this subsection;(x)accommodation of reasonable uses (as determined by the Secretary) of the exclusive economic zone, the high seas, and the territorial seas;(xi)consideration of—(I)the location of, and any schedule relating to, a lease, easement, 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 deepwater port, or navigation;(xii)public notice and comment, and Tribal consultation in accordance with paragraph (7), on any proposal submitted for a lease, easement, or right-of-way under this subsection;(xiii)oversight, inspection, research, monitoring, and enforcement relating to a lease, easement, or right-of-way under this subsection; and(xiv)satisfaction or partial satisfaction of any applicable State and Federal renewable and clean energy mandates, targets, and goals.(B)Project labor agreements(i)In generalBeginning not later than January 1, 2027, the Secretary shall require, as a term or condition of each lease, right-of-way, and easement, as applicable, for an offshore renewable energy project, that the holder of the lease, right-of-way, or easement, (and any successor or assignee) and its agents, contractors, and subcontractors engaged in the construction of any facilities for such offshore renewable energy project agree, for purposes of such construction, to negotiate and become a party to a project labor agreement with one or more labor organizations. A project labor agreement shall bind all contractors and subcontractors on the project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents. The Secretary shall not approve a construction 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)DefinitionsIn this subparagraph:(I)ConstructionThe term construction includes reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of any facility, structure, or other real property (including any onshore facilities) for an offshore renewable energy project.(II)Labor organizationThe term labor organization means a labor organization as defined in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5))—(aa)of which building and construction employees are members; and(bb)that directly, or through its affiliates, sponsors a registered apprenticeship program.(III)Project labor agreementThe term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in section 8(e) and (f) of the National Labor Relations Act (29 U.S.C. 158(f)).(IV)Registered apprenticeship programThe term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).(C)Domestic content(i)In generalWith respect to the construction of facilities for an offshore renewable energy project that begins after January 1, 2033, the Secretary shall require that—(I)all structural iron and steel products that are (upon completion of construction) components of such facilities shall be produced in the United States; and(II)not less than 65 percent of the total costs of all manufactured products that are (upon completion of construction) components of such facilities shall be attributable to manufactured products which are mined, produced, or manufactured in the United States.(ii)WaiverThe Secretary may waive the requirements of clause (i) in any case or category of cases in which the Secretary finds that—(I)applying clause (i) would be inconsistent with the public interest;(II)such products are not produced in the United States in sufficient and reasonably available quantities 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 notificationIf the Secretary receives a request for a waiver under clause (ii), the Secretary shall make available to the public a copy of the request and information available to the Secretary concerning the request, and shall allow for informal public input on the request for at least 15 business days prior to making a finding based on the request. The Secretary shall make the request and accompanying information available to the public by electronic means, including on the official public internet site of the Department of the Interior.(iv)International agreementsThis subparagraph shall be applied in a manner consistent with United States obligations under international agreements.(v)Definition of produced in the united statesIn this subparagraph, the term produced in the United States means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.; (7)Coordination and consultation(A)State and local governmentsThe Secretary shall provide for coordination and consultation with the Governor of any State or the executive of any local government that may be affected by a lease, easement, or right-of-way under this subsection.(B)Tribal consultation(i)RequirementThe Secretary shall conduct meaningful and timely consultation with Indian Tribes (following the procedures of Executive Order 13175 (25 U.S.C. 5301 note), the President’s Memorandum of Uniform Standards for Tribal Consultation, issued on November 30, 2022, or any subsequent order) before undertaking any activities under this subsection, including holding a lease sale, that may have a direct, indirect, or cumulative impact on—(I)the land, including allotted, ceded, or traditional land, or interests in such land of an Indian Tribe or member of an Indian Tribe;(II)Tribal land, cultural practices, resources, or access to traditional areas of cultural or religious importance;(III)any part of any Federal land that shares a border with Indian country, as such term is defined in section 1151 of title 18, United States Code;(IV)the protected rights of an Indian Tribe, whether or not such rights are enumerated in a treaty, including water, hunting, gathering, and fishing rights;(V)the ability of an Indian Tribe to govern or provide services to members of the Indian Tribe;(VI)the relationship between the Federal Government and an Indian Tribe; or(VII)the trust responsibility of the Federal Government to an Indian Tribe.(ii)Confidential and sensitive information(I)Closed meetingNotwithstanding any other provision of law, at the request of the applicable Indian Tribe or Tribal government, any Tribal consultation process conducted for the purpose of carrying out this subparagraph shall be closed to the public.(II)Treatment of designated informationNotwithstanding any other provision of law, during a Tribal consultation process conducted for the purpose of carrying out this subparagraph, if the applicable Indian Tribe or Tribal government designates any information, such as the location of a sacred site or other detail of a cultural or religious practice, as sensitive, that information shall be protected by law as confidential and withheld from any public disclosure or publication made as part of such Tribal consultation process or in any other process of carrying out this Act.(III)Access to designated informationIf information has been designated as sensitive under subclause (II), the Secretary shall determine, in consultation with the applicable Indian Tribe or Tribal government, who may have access to the information for the purposes of carrying out this Act.; (10)Applicability(A)In generalThis 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 infrastructure(i)In generalNotwithstanding 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, easement, or right-of-way to enable the transmission of electricity generated by an offshore renewable energy project.(ii)Terms and conditionsIn issuing a lease, easement, or right-of-way under clause (i), the Secretary may approve and regulate, as necessary, the construction and operation of transmission facilities and related infrastructure for the transmission of electricity generated by an offshore renewable energy project in a manner that minimizes environmental impacts and harm to Tribal cultural resources.(iii)CoordinationIn approving and regulating the construction and operation of facilities under clause (ii), the Secretary shall coordinate with the Secretary of Commerce to ensure the duration of any necessary authorizations of such facilities under the National Marine Sanctuaries Act aligns with the duration of the relevant leases, easements, or rights-of-way issued under clause (i).; and (11)Planning area impact studies(A)In generalBeginning three years after the date of enactment of this paragraph, before holding any lease sale pursuant to paragraph (1) for an area, the Secretary shall conduct a study of such area, or the wider planning area that includes such area, in order to establish information needed for assessment and management of the environmental impacts on the human, marine, and coastal environments, and the Tribal cultural resources, of the outer Continental Shelf and the coastal areas which may be affected by offshore renewable energy projects in such area or planning area.(B)InclusionsA study conducted under subparagraph (A) shall—(i)incorporate the best available existing science and data, including Tribal Traditional Ecological Knowledge;(ii)identify areas for which there is insufficient science and data; and(iii)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 assessmentsThe Secretary shall use the data and assessments from studies conducted under this paragraph, as appropriate, when deciding—(i)which portions of an area or region are most appropriate to make available 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 applicabilityThe Secretary shall not consider a study conducted under subparagraph (A) to be a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969.(12)Capacity building and community engagement(A)In generalThe Secretary, in consultation with the Secretary of Commerce, may award grants to entities to build organizational capacity and enhance engagement opportunities related to offshore renewable energy project development, including environmental and cultural reviews and permitting activities of such projects.(B)PurposesGrants awarded under subparagraph (A) shall be for—(i)enabling States, Indian Tribes, affected ocean users, and nonprofit associations that represent affected ocean users to compile data, conduct analyses, educate stakeholders, and complete other activities relating to offshore renewable energy project development;(ii)engaging in planning activities related to the development of offshore renewable energy projects to—(I)determine potential economic, social, public health, environmental, and cultural benefits and impacts resulting from offshore renewable energy projects; and(II)identify opportunities to mitigate such impacts;(iii)facilitating siting of offshore renewable energy projects and associated electric transmission infrastructure; and(iv)hiring and training of personnel, and other activities designed to increase the capacity of States, Indian Tribes, and nonprofit associations, as applicable, to carry out activities described in clauses (i) through (iii).(C)PrioritizationWhen awarding grants under subparagraph (A), the Secretary shall prioritize awarding grants that will be used to build organizational capacity and enhance community engagement opportunities of Indian Tribes.(D)Authorization of appropriationsThere are authorized to be appropriated to the Secretary to carry out this paragraph $25,000,000 for each of fiscal years 2026 through 2030.. (a)Withdrawal of unleased lands by the president(1)In generalThe President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.(2)Modification for certain offshore renewable energy projectsWith respect to a withdrawal under paragraph (1) of unleased lands from disposition, the President may modify such a withdrawal only to allow for leasing under section 8(p)(1)(C) and only if the President determines that environmental, Tribal, national security, or national or regional energy conditions or demands have changed such that a modification would be in the public interest.. (2)Any action of the Secretary to approve, require modification of, or disapprove any exploration plan or development and production plan under this Act, or any plan, final lease, easement, or right-of-way granted pursuant to section (8)(p)(1) (and any related final Federal agency actions), shall be subject to judicial review only in a United States court of appeals for a circuit in which an affected State or Indian Tribe is located..

5. Improving environmental and cultural reviews to ensure timely permitting decisions In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $50,000,000 to remain available until expended, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental and cultural reviews, the development of cultural competency for Tribal consultations, support of regional ocean data portals, the development of environmental data or information systems (including efforts to standardize, establish a baseline for, publish, or otherwise improve the consistency of environmental data), the development of pre-application components, stakeholder and community engagement, updates to the Marine Cadastre for advancements in spatial data analysis and deconfliction, the purchase of new equipment for environmental analysis, and coordination (including through the public tracking of Federal authorizations and reviews) to facilitate timely, efficient, and responsible permitting and review of offshore renewable energy projects. In addition to amounts otherwise available, there is appropriated to the Secretary of Commerce for fiscal year 2026, 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 environmental documents, the procurement of technical or scientific services for environmental and cultural reviews, the development of cultural competency for Tribal consultations, support of regional ocean data portals, the development of environmental data or information systems (including efforts to standardize, baseline, publish, or otherwise improve the consistency of environmental data), stakeholder and community engagement, updates to the Marine Cadastre for advancements in spatial data analysis and deconfliction, adaptation of scientific and fisheries surveys, and the purchase of new equipment for environmental analysis to facilitate timely, efficient, and responsible environmental reviews for the permitting of offshore renewable energy projects.

7. Offshore power administration Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall establish the Offshore Power Administration. The Offshore Power Administration may, subject to paragraphs (2) and (3)— construct, finance, facilitate, plan, operate, maintain, acquire, and study covered transmission infrastructure; and support construction, financing, facilitation, planning, operation, maintenance, acquisition, and study of covered transmission infrastructure. The Offshore Power Administration may not construct covered transmission infrastructure in any region until the Secretary of Energy has made a determination (in consultation with the Secretary of the Interior) that the relevant State governments, regional transmission organizations, offshore renewable energy project developers, and other stakeholders in such region have failed to adequately coordinate and cooperate on the development and use of shared covered transmission infrastructure. The Secretary of Energy may not make a determination under this paragraph sooner than 3 years after the date of enactment of this Act. In carrying out any activity under paragraph (1), the Offshore Power Administration shall be subject to the requirements to obtain a lease, easement, or right-of-way under section 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337). The Offshore Power Administration shall be preserved as a separate and distinct organizational entity within the Department of Energy and shall be headed by an Administrator appointed by the Secretary of Energy. The Administrator shall establish and maintain such regional offices as necessary to facilitate the performance of the Offshore Power Administration. Notwithstanding any other provision of law, the Secretary of the Treasury shall, without appropriation and without fiscal year limitation, make loans to the Offshore Power Administration that, in the judgment of the Administrator, are required to carry out the activities listed in subsection (b)(1). Subject to subparagraphs (B) and (C), loans made by the Secretary of the Treasury under paragraph (1) shall include such terms and conditions that the Administrator and Secretary of the Treasury may agree to. The rate of interest to be charged in connection with any loan made under paragraph (1) shall be fixed by the Secretary of the Treasury, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date on which the loan is made. Loans made by the Secretary of the Treasury under paragraph (1) may not result in, in the aggregate (including deferred interest), $10,000,000,000 in outstanding repayable balances at any one time. The Administrator may refinance loans made pursuant to this section with the Secretary of the Treasury in accordance with paragraph (2). The Administrator may enter into agreements and partnerships with other entities to carry out any of the activities listed in subsection (b)(1). With respect to covered transmission infrastructure owned and operated by the Offshore Power Administration pursuant to this section, the Administrator shall use qualified revenue to pay the principal and interest of the loan made by Secretary of the Treasury with respect to such covered transmission infrastructure. In this subsection, the term qualified revenue means— all revenue received by the Offshore Power Administration from the operation of the covered transmission infrastructure; less the amount the Administrator determines necessary to— pay the costs of operating and maintaining the covered transmission infrastructure, including expenses described in subsection (g)(2); and pay for any ancillary services that are used by the Offshore Power Administration. If, at the end of the useful life of any covered transmission infrastructure acquired, constructed, maintained, or operated by the Offshore Power Administration pursuant to this section there is a remaining balance owed to the Treasury for a loan made under this section for any such purpose, such balance shall be forgiven. A loan made under this section for purposes of studying covered transmission infrastructure that is not constructed shall be forgiven upon notification under paragraph (3). The Administrator shall notify the Secretary of the Treasury of such amounts as are to be forgiven under this subsection. The Administrator shall keep complete and accurate accounts of the operation of covered transmission infrastructure owned and operated by the Offshore Power Administration, including all funds expended and received in connection with transmission of electric energy by the Offshore Power Administration. The Administrator shall, after the close of each fiscal year, obtain an independent commercial-type audit of such accounts. The Administrator may make such expenditures for offices, vehicles, furnishings, equipment, supplies, books, travel for attendance at meetings, and for such other facilities and services as the Administrator determines necessary to carry out this section. All laborers and mechanics employed by contractors and subcontractors in the performance of construction work carried out or funded by in whole or in part by the Offshore Power Administration shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Number 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. The Administrator shall provide for coordination and consultation with the Governor of any State or the executive of any local government that may be affected by activities under this section. The Administrator shall conduct meaningful and timely consultation with Indian Tribes (following the procedures of Executive Order 13175 (25 U.S.C. 5301 note), the President’s Memorandum of Uniform Standards for Tribal Consultation, issued on November 30, 2022, or any subsequent order) before undertaking any activities under this section that may have a direct, indirect, or cumulative impact on— the land, including allotted, ceded, or traditional land, or interests in such land of an Indian Tribe or member of an Indian Tribe; Tribal land, cultural practices, resources, or access to traditional areas of cultural or religious importance; any part of any Federal land that shares a border with Indian country, as such term is defined in section 1151 of title 18, United States Code; the protected rights of an Indian Tribe, whether or not such rights are enumerated in a treaty, including water, hunting, gathering, and fishing rights; the ability of an Indian Tribe to govern or provide services to members of the Indian Tribe; the relationship between the Federal Government and an Indian Tribe; or the trust responsibility of the Federal Government to an Indian Tribe. Notwithstanding any other provision of law, at the request of the applicable Indian Tribe or Tribal government, any Tribal consultation process conducted for the purpose of carrying out this subsection shall be closed to the public. Notwithstanding any other provision of law, during a Tribal consultation process conducted for the purpose of carrying out this subsection, if the applicable Indian Tribe or Tribal government designates any information, such as the location of a sacred site or other detail of a cultural or religious practice, as sensitive, that information shall be protected by law as confidential and withheld from any public disclosure or publication made as part of such Tribal consultation process or in any other process of carrying out this section. If information has been designated as sensitive under clause (ii), the Secretary shall determine, in consultation with the applicable Indian Tribe or Tribal government, who may have access to the information for the purposes of carrying out this section. Beginning January 1, 2027, and each year thereafter, not later than 180 days after the end of each year, the Administrator shall submit to Congress a report for the previous year that includes— a description of the activities of the Offshore Power Administration; an accounting of the use of loans made under this section; and an assessment of the coordination and cooperation by relevant State and Tribal governments, regional transmission organizations, offshore renewable energy project developers, and other stakeholders the Secretary of Energy determines are relevant in each region to develop and use shared covered transmission infrastructure. In this section: The term Administrator means the Administrator of the Offshore Power Administration. The term covered transmission infrastructure— means electric power transmission infrastructure, and any related facilities thereof, that serves at least one offshore renewable energy project; and includes onshore facilities that enable the interconnection of offshore renewable energy projects.

8. Offshore transmission infrastructure studies and recommendations The Secretary of Energy, in consultation with the Secretary of the Interior, the interagency comprehensive digital mapping initiative established under section 388(b) of the Energy Policy Act of 2005, and other relevant Federal, State, Tribal, and local agencies, shall periodically conduct studies and make recommendations available to the public on the potential siting of offshore transmission infrastructure in a manner that— achieves sufficient transmission capacity to support offshore energy development to meet State, Tribal, or Federal renewable or clean electricity mandates, targets, or goals; promotes safety, national security, Tribal sovereignty, and environmental protection while minimizing impacts to cultural and living marine resources, including Tribal cultural resources; and leads to efficient development of onshore points of interconnection. There are authorized to be appropriated to the Secretary of Energy to carry out this section $10,000,000, to remain available until expended.

9. Interoperability of offshore electric transmission infrastructure Not later than 2 years after the date of enactment of this Act, the Secretary of Energy shall complete and publish on the website of the Department of Energy a study that assesses the need to, and challenges of, developing and standardizing interoperable electric grid components, systems, and technologies in support of shared offshore transmission networks. Such study shall include recommendations for Congress, State, Tribal, and local governments, manufacturers of electric grid components, systems, and technologies, regional transmission organizations, offshore electricity generation project developers, and appropriate standards organizations to help ensure interoperability of electric grid components, systems, and technologies across seams between offshore electricity generation projects and shared offshore infrastructure connecting to onshore transmission systems. The Secretary of Energy shall establish and implement a program to identify, develop, support, document, and encourage the adoption of a set of standards necessary to maximize the interoperability of electric grid components, systems, and technologies to accelerate the implementation and delivery of electricity generated by offshore electricity generation projects through shared transmission infrastructure. The goals of establishing and implementing the program under paragraph (1) shall be— to harmonize and standardize functional specifications of electric grid components, systems, and technologies to maximize the interoperability of electric grid components, systems, and technologies across technologies and manufacturers; to hasten adoption of shared transmission infrastructure for offshore electricity generation by encouraging cooperation among manufacturers of electric grid components, systems, or technologies in order to— maximize interoperability of such manufacturers’ electric grid components, systems, and technologies; reduce offshore electricity generation project delays and cost overruns; manage power grid complexity; and enhance electric grid resilience, reliability, and cybersecurity; and to identify common technical specifications to effectively and securely measure, monitor, control, and protect offshore electricity generation and transmission infrastructure from the point of generation to load centers. Under the program established and implemented under paragraph (1), the Secretary may provide grants to entities to— engage equipment manufacturers and industry stakeholders in collaborative platforms, including workshops and forums; identify current challenges and propose solutions to improve interoperability of electric grid components, systems, and technologies; and develop a set of voluntary industry standards to maximize interoperability of electric grid components, systems, and technologies that meet the goals described in paragraph (2). There are authorized to be appropriated to the Secretary of Energy to carry out this section $5,000,000, to remain available until expended.

10. Offshore wind shipbuilding The Secretary of Energy shall establish a program to support the refurbishment, retooling, expansion, modernization, and establishment of shipyards and other manufacturing facilities by providing grants for the fabrication, repair, and conversion of vessels needed for the pre-construction assessment, construction, operation, and maintenance of offshore wind energy projects. Under the program established under paragraph (1), the Secretary of Energy may provide grants to shipyard owners and operators, fabricators of the vessels described in paragraph (1), and relevant component suppliers. The Secretary of Energy shall take such action as may be necessary to ensure all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is supported, in whole or in part, by grants provided under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Number 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant provided under this section as if such grant were a demonstration or commercial application activity described in section 988(a) of such Act. There are authorized to be appropriated to the Secretary of Energy to carry out this section $100,000,000, to remain available until expended. Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: Notwithstanding subsection (a)(1), projects that increase the supply of domestically produced vessels needed for the pre-construction assessment, construction, operation, and maintenance of offshore wind energy projects, including wind turbine installation vessels. (14)Notwithstanding subsection (a)(1), projects that increase the supply of domestically produced vessels needed for the pre-construction assessment, construction, operation, and maintenance of offshore wind energy projects, including wind turbine installation vessels..