Rep. Huffman Unveils Offshore Renewable Energy Legislation Discussion Draft, Requests Public Input

Bill aims to address disparities faced by tribal nations in offshore renewable energy development

December 11, 2024

Washington, D.C. – Today, U.S. Representative Jared Huffman (CA-02) unveiled the Resilience, Equity, and Sustainability Through Offshore Renewable Energy (RESTORE) Act—a groundbreaking bill that, for the first time, guarantees that tribes and coastal communities have a dedicated share of revenues from offshore renewable energy development.

In an effort to engage diverse perspectives, interests, and needs of tribal, coastal, and environmental justice communities and all those with a stake in our nation’s clean energy future, Rep. Huffman is releasing a discussion draft of the legislation. Policymakers, advocates, and members of the public are invited to visit https://huffman.house.gov/restore-act to read the draft legislation and provide feedback.

“Despite their deep knowledge and stewardship of natural resources, tribes have faced systemic barriers and injustices in infrastructure development, resulting in chronic underfunding and limited capacity to participate in, let alone benefit from, projects in and around their ancestral territories. Our transition to clean energy is the perfect opportunity to not only address climate change, but to right these historic wrongs and create a more sustainable future for tribal and coastal communities,” said Rep. Huffman. “It’s time for the federal government to do more than just ‘consult’ impacted tribes as a ministerial exercise when projects are developed; tribes should be at the table from the beginning and all the way through the process, with an opportunity to meaningfully share in the economic benefits of clean energy. This draft legislation is intended to reflect that vision, and I look forward to gathering feedback to improve our ideas in future iterations.”

Major components of the RESTORE Act include:

  • Revenue Distribution: Instead of allocating all royalties from offshore renewable energy to the Treasury, as current law provides, royalties would be divided between the Treasury, the Coastal Conservation and Community Resilience Fund, tribes (for economic development and mitigation), the National Ocean and Coastal Security Fund (NOCSF), the Land and Water Conservation Fund, and grants for fisheries and scientific research.
  • Coastal Conservation and Community Resilience Fund: Directs revenue to support coastal communities in preparing for and responding to environmental threats, including climate change, sea-level rise, and habitat loss. The fund promotes collaboration with tribes and incorporates indigenous knowledge to foster equitable and inclusive solutions.
  • Mitigation and Economic Development for Tribes: Seeks to rectify historical injustices and promote energy sovereignty by providing funding for tribes to mitigate impacts and ultimately benefit from the economic development of offshore renewable energy projects.
  • Fisheries and Scientific Research: Provides funding for grants to academic institutions, NGOs, state, tribal, and local governments to conduct surveys, data collection, and research for the management of fisheries, protected species, habitats, ecosystems, and overall ocean conditions. Also supports the fishing industry through targeted research to better understand and manage interactions between marine ecosystems and energy projects.

The RESTORE Act is supported by the Blue Lake Rancheria, Penobscot Nation, Santa Ynez Band of Chumash Indians, Natural Resources Defense Council, Center for Biological Diversity, National Ocean Protection Coalition, and Southern Environmental Law Center.

What Supporters are Saying

“Blue Lake Rancheria (BLR) emphatically supports Congressman Huffman’s Resilience, Equity, and Sustainability Through Offshore Renewable Energy (RESTORE) proposal. It recognizes the value and importance of Tribal Resilience and Self-Determination. In the past, Tribal Nations have been disproportionately harmed by extractive practices and related harms such as increases in Murdered Missing Indigenous People. This proposed Bill provides coastal Tribes with the resources to combat such harms while also situated them as key constituents in advancing clean energy,” said Jason Ramos, Acting Chair of the Blue Lake Rancheria.

“Since time immemorial the Chumash people have lived in harmony with the waters off the California Central Coast,” said Kenneth Kahn, Chairman of the Santa Ynez Band of Chumash Indians.  “I believe that our cultural history and wind energy can co-exist in those waters, but only if our tribe has information about the impacts of its development and the resources to monitor construction, maintenance, and operation of wind farms. I am grateful that Congressman Huffman is working to make sure tribal stakeholders have the opportunity to use wind energy leases to protect and restore our heritage, and I look forward to working with him to fine tune his discussion draft in the days to come.”

“Like many other Tribal Nations, the Penobscot Nation supports the progress of renewable energy development, but such development must be done in a manner that minimizes and mitigates harms on the ocean and other waters, and the wildlife that depend on such waters.  Development must also include consultation with any impacted Tribal Nations. Congressman Jared Huffman’s legislation will help ensure that Tribal Nations are able to access the resources needed to have a meaningful and productive voice in the conversation. We look forward to working with Rep. Huffman as he advances his legislation,” said Penobscot Nation Chief Kirk Francis. 

Background

The new discussion draft builds on the work Rep. Huffman has done to promote a clean energy transition and ensure tribes equally benefit from the economic impacts of renewable projects like offshore wind development.

This March, Rep. Huffman hosted Department of the Interior Secretary Deb Haaland and Acting Secretary of Labor Julie Su in the North Coast earlier for a series of visits and roundtables to hear tribal concerns surrounding offshore wind. In May, Rep. Huffman sent an urgent letter to U.S. Bureau of Ocean Energy Management (BOEM) Director Elizabeth Klein requesting the agency place a senior-level official in California to oversee tribal participation in offshore wind development and be responsive to tribal needs. Shortly after, he led efforts to call on the administration to prioritize tribal consultation and to specifically urge BOEM to prioritize early and meaningful engagement with tribes regarding offshore wind projects. The letter highlighted five recommendations for BOEM to address tribes’ ongoing concerns with offshore wind development. 

As part of his advocacy for tribes, Rep. Huffman introduced a bill to increase public safety for tribal citizens by promoting cooperation and information sharing between tribal, state, and local law enforcement agencies.

Earlier this year, Representative Huffman helped secure $426.7 million for the Humboldt Bay Harbor, Recreation, and Conservation District for construction and maintenance of offshore wind infrastructure. The program received a substantial funding increase through the Bipartisan Infrastructure Law, which Rep. Huffman and Senator Padilla helped get passed last Congress.

Representative Huffman has long been a strong advocate for expanding the production and use of renewable energy, including offshore wind. Huffman previously applauded the Biden administration’s offshore wind energy lease sale off the coast of Central and Northern California in 2022, the first offshore wind lease sale off the West Coast. Last year, he announced $8.6 million for the Humboldt Bay Harbor, Recreation, and Conservation District through the Department of Transportation Maritime Administration’s FY 2023 Port Infrastructure Development Program.

Additional Resources

Text of the bill can be found here

A one-pager of the bill can be found here.

A section by section of the bill can be found here

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