[Congressional Record Volume 164, Number 194 (Monday, December 10, 2018)]
[House]
[Pages H9778-H9781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1600
                   OFFSHORE WIND FOR TERRITORIES ACT

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 6665) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6665

       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.''.

[[Page H9779]]

  


     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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentleman from Arizona (Mr. Gallego) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am going to read this part.
  From the whooshing in the western Pacific to the windswept waters of 
the Atlantic, a wonderful wealth of offshore wind exists. While this 
wonderful resource weapon withstood the tests of time in Europe, we 
have waffled in our worldview on wind power.
  But worry not. With this worthy bill, we will warrant our Nation's 
territories--from Guam to Puerto Rico--will no longer be wasting their 
overwater reward and will be powered with the waterproof windmills.
  Now I have to stop because I did that for the staffer who wrote it. 
Obviously, I don't do this kind of stuff, and I lost the bet.
  However, despite the alliteration that went there, this is still a 
good bill which will move us forward in energy production, especially 
in our territories of the United States.
  With that, Mr. Speaker, I obviously urge my colleagues to support it 
and move us forward, and I reserve the balance of my time.
  Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill provides a number of benefits for the 
territories of the United States: Puerto Rico, the Virgin Islands, 
Guam, American Samoa, and the Commonwealth of the Northern Mariana 
Islands. It adds them to the Outer Continental Shelf Lands Act, 
allowing them to begin developing offshore wind in their waters, a 
potentially crucial source of new clean energy for their residents. It 
sets up a system by which the territories receive a share of the 
revenue generated by any new offshore wind development.
  Currently, our territories rely primarily on imported diesel for 
generating electricity, putting them at high risk of supply disruptions 
and forcing

[[Page H9780]]

residents there to pay some of the highest electricity rates anywhere 
in the country, particularly when oil prices spike.
  As hurricanes and extreme weather events continue to challenge the 
energy security of these territories, developing offshore wind will 
make for more resilient communities, decrease dependency on fossil 
fuels, and potentially bring electricity prices down significantly.
  However, because the territories are currently not covered by the 
Outer Continental Shelf Lands Act, there is no legal mechanism for 
putting wind turbines in the waters off their coastlines. This bill 
fixes this longstanding unfairness, offers them a share of any revenues 
generated by offshore wind, and also protects their coastlines by 
leaving them off of the offshore oil and gas leasing process.
  Additionally, some of the revenues generated by this bill are 
allocated to the Coral Reef Conservation Program, preserving, 
sustaining, and restoring the condition of coral reef ecosystems that, 
in many cases, are crucial for the environment and tourism economy of 
these same territories.
  H.R. 6665 is a commonsense bill for the growth and success of U.S. 
territories and the environment, while also providing new sources of 
clean, carbon-free energy.
  Mr. Speaker, I urge a ``yes'' vote on this bill, and I reserve the 
balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, the gentleman could at least put 
some kind of rhyme in there.
  Mr. Speaker, I yield 5 minutes to the gentlewoman from Puerto Rico 
(Miss Gonzalez-Colon) to speak on this particular bill.
  Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, I want to thank the 
honorable Delegate from Guam (Ms. Bordallo) for taking this initiative 
to present H.R. 6665, and Chairman Bishop and Ranking Member Grijalva 
for having moved this legislation to continue to extend equal treatment 
to the American community of citizens in the territories.
  It has been a privilege to join in on bipartisan proposals for 
applying, uniformly, the Federal laws for the benefit of the people of 
our territories. Equal treatment for all American communities is a goal 
that should be shared by all in this Congress, and we will continue to 
seek it.
  America's continued prosperity requires a modernized energy system 
that makes the best use of all the domestic resources available, 
including expanding use of wind in our domestic waters.
  Puerto Rico has directly experienced the need to have better energy 
infrastructure in place. Today, only 2 percent of our energy in Puerto 
Rico comes just from renewable sources. Our plans for long-term 
recovery of our electric grid include a much higher reliance on 
renewable energy to reduce environmental impact and increase 
efficiency.
  Since, today, many of the territories rely on expensive diesel- or 
fuel oil-generation systems, an integration of greater diversity of 
generating sources will provide them greater flexibility in their 
development plans.
  At the same time, however, this upgrade on our generation's sources 
should be conducted in each jurisdiction based on its technical, 
economic, and environmental viability and rely more on private 
investment participation instead of taxpayer funding.
  This legislation will direct the Department of the Interior to study 
what is the viability of Continental Shelf wind resources off the shore 
of the territories. If the result is positive, then the Department of 
the Interior will initiate the process of auctioning the leasing rights 
for such projects on the same basis as for the waters outside the 
States. If such development proceeds, 2.5 percent of the revenues 
collected will be reserved for coral reef protection and 37.5 percent 
for the respective territory for environmental remediation uses.

  This way is the better way to develop energy resources and provide, 
also, funding for the territories to take their own measures for 
securing better environmental conditions. I expect the House will 
support this effort to bring uniform treatment to all jurisdictions 
under the American flag in an important area of policy, which is 
energy, and open up investment and development opportunities to all of 
us.
  Once again, I want to thank my colleague from Guam (Ms. Bordallo) and 
the chairman of the committee for having this bill, and, of course, for 
their support and legacy on behalf of equal treatment for Puerto Rico 
and the territories.
  Mr. GALLEGO. Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield 4 minutes to the gentleman 
from Louisiana (Mr. Graves).
  Mr. GRAVES of Louisiana. Mr. Speaker, I appreciate the opportunity to 
come speak in support of this legislation.
  I think this is important legislation to ensure that our territories 
can share in the revenues from offshore energy production. I believe 
the States and I believe the territories should share in that revenue 
production.
  Mr. Speaker, I think there is an important discussion for us to be 
having here. Yes, as the gentleman from Arizona noted, this will be 
contributing to our Nation's energy production, which is a good thing. 
It is generating a revenue stream based on market forces, which is a 
good thing, and it does, Mr. Speaker, return a portion of the revenues 
back to the territories or the adjacent host's entity of this energy 
production, and it invests dollars in conservation.
  Now, to contrast, Mr. Speaker, the majority of the energy in the 
United States is derived from oil and gas. That is how the majority of 
this Nation's economy is powered.
  There are a handful of States that provide that energy. For example, 
as this bill pertains only to offshore in Federal waters, in the 
offshore you have the State of Alaska represented by our dean. You have 
the States of Alabama, Mississippi, Louisiana--my home State--Texas, 
and, Mr. Speaker, the State of California. Those are all States that 
produce offshore energy.
  You have a lot of States that are producing onshore energy with the 
shale revolution in Texas, in the Dakotas, in Pennsylvania, in Ohio, in 
Louisiana and other areas. We are producing onshore production as well. 
Once again, this is fueling our Nation's economy, and all 50 States are 
benefiting from this.
  But, Mr. Speaker, going back to the offshore, we provided about $200 
billion from energy production in the offshore to the United States 
Treasury. With this bill, on the first dollar of energy produced in the 
Federal offshore from wind energy in the territories, a portion of it 
is going to be shared with the territory and going to be shared for 
conservation activities. Yet the disparity, or the opposite, happens 
for onshore.
  For onshore energy, what they do is they take the initial dollars and 
they put it toward conservation, land conservation in other States--not 
where this energy is produced, but in other States.
  The gentleman from Arizona even noted that there are impacts from 
offshore energy production. I agree with him; there are impacts. Most 
of them have been historic impacts.
  But for us to take this revenue stream and put it toward other States 
and not where this energy is produced, when you are talking about $200 
billion, Mr. Speaker, that is wrong. That is why we have introduced 
H.R. 6771.
  Mr. Speaker, that bill passed the House Natural Resources Committee 
unanimously by a voice vote, and I want to thank the gentleman from 
Arizona and many other Members for working with us on this legislation. 
It was a bipartisan bill.
  Mr. Speaker, I want to engage the chairman in a colloquy.
  Mr. Speaker, H.R. 6771 shares revenues from offshore energy 
production with States. It increases the revenue sharing, and those 
dollars have to be used for coastal restoration, hurricane protection 
for community resiliency projects.
  I want to ask the chairman if he supports that policy and if he will 
continue to work with us to advance that legislation just like this 
legislation is being advanced today.
  Mr. BISHOP of Utah. Will the gentleman yield?
  Mr. GRAVES of Louisiana. I yield to the gentleman.
  Mr. BISHOP of Utah. Yes.
  Mr. GRAVES of Louisiana. I couldn't have said it better myself, Mr. 
Speaker.

[[Page H9781]]

  Mr. Speaker, with that, I will again say I support this legislation. 
I think the policy concept of revenue sharing from energy production is 
a solid one, but we have got to make sure that we don't have 
conflicting policies when we talk about fossil fuels versus alternative 
energy streams.
  Mr. GALLEGO. Mr. Speaker, I yield back the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I appreciate those who have spoken on this particular 
piece of legislation.
  Mr. Graves, I didn't want to be too flippant, although I was, does 
raise a major point of concern that, on Federal lands and on Federal 
waters, how we deal with the resources that are there is significant, 
and they play a role in the entire Nation.
  But we also have to recognize the role that those States and 
territories play where we find those particular resources, whether it 
be offshore on Federal waters or onshore on Federal lands. For us to 
review that policy is a wise thing we should do.
  I also am appreciative of the Resident Commissioner from Puerto Rico 
for explaining the significance this has for all those areas that have 
not yet been considered as we deal with a new kind of alternative 
energy, in this case, wind power. That is significant, and it plays a 
significant role in the future development of those territories that 
are using and in which the energy and the cost of energy is more 
significant than you find on the mainland, and yet we need to find a 
way to build their economies by having an affordable and renewable and 
reliable energy source coming in the future.
  Because of that, I find this to be a significant piece of 
legislation. I urge adoption, Mr. Speaker, and I yield back the balance 
of my time.
  The SPEAKER pro tempore (Mr. Francis Rooney of Florida). The question 
is on the motion offered by the gentleman from Utah (Mr. Bishop) that 
the House suspend the rules and pass the bill, H.R. 6665, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________