“If government were a product, selling it would be illegal” --- Patrick Jake "P. J." O'Rourke

1. THE STATE OF HAWAII
ACHIEVING 100% RENEWABLE ENERGY GOAL
vs.
GENERATING REVENUE FOR THE STATE
THE PRIOITIES FOR MERCHANDISING HAWAII
Department of Interior Bureau of Ocean Energy Management
[Docket No. BOEM–2016–0036]; [MMAA104000]
Commercial Leasing for Wind Power on the Outer Continental Shelf
Offshore the Island of Oahu, Hawaii—Call for Information and Nominations (Call)
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior
ACTION: Call for Information and Nominations for Commercial Leasing for
Wind Power on the Outer Continental Shelf, Offshore the Island of Oahu, Hawaii
SUMMARY: With this Call for Information and Nominations (Call), BOEM
invites the submission of information and nominations from parties interested in
obtaining one or more commercial wind energy leases that would allow lessees to
propose the construction of wind energy projects on the Outer Continental Shelf
(OCS) offshore the island of Oahu, Hawaii. In general, the OCS is defined as 3—
200 nautical miles from shore.
The Oahu Call Area described in this notice is located on the OCS offshore the
island of Oahu, Hawaii. The Oahu Call Area consists of two subareas, the area to
the north of Oahu (‘‘Oahu North’’) and the area to the south of Oahu (‘‘Oahu
South’’). Oahu North is approximately 7 to 24 nautical miles Northwest of Kaena
Point and consists of 17 full and 20 partial OCS blocks.

2. Oahu South is approximately 7 to 35 nautical miles South of Diamond Head and
consists of 44 full and 32 partial OCS blocks. In total, the Oahu Call Area consists
of the sum of these two subareas, totaling 61 full and 52 partial OCS blocks.
DATES: BOEM must receive nominations describing your interest within the
Oahu Call Area by a postmarked date of August 8, 2016 for your nomination to be
considered. BOEM will consider only those nominations received by August 8,
2016. BOEM requests comments or other submissions of information by this same
date.
Establishing Renewable Portfolio Standards
The State of Hawaii established a renewable portfolio goal in 2001. This goal was
replaced with an enforceable renewable portfolio standard (RPS) through Act 95 in
2004. In 2009, Act 155 increased the RPS to 40 percent by 2040. Finally, in 2015,
State of Hawaii Governor David Ige signed into law Act 97, which directs the
state’s utilities to generate 100 percent of their electricity sales from renewable
energy resources by 2045. As the most oil dependent state in the nation, Hawaii’s
transition to renewable resources for power generation will improve Hawaii’s
economy, environment and energy security.
Source: Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 41334, 41335
https://www.gpo.gov/fdsys/pkg/FR-2016-06-24/pdf/2016-14829.pdf
https://www.gpo.gov/fdsys/pkg/FR-2016-06-24/pdf/2016-14830.pdf
Note Supplied: Areas Included in the Call - Kauai Channel, Oahu, Maui
*****
43 U.S.C.
United States Code, 2010 Edition
Title 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
From the U.S. Government Printing Office, www.gpo.gov
SUBCHAPTER III—OUTER CONTINENTAL SHELF LANDS

3. §1331. Definitions
When used in this subchapter—
(a) The term “outer Continental Shelf” means all submerged lands lying seaward
and outside of the area of lands beneath navigable waters as defined in section
1301 of this title, and of which the subsoil and seabed appertain to the United
States and are subject to its jurisdiction and control;
State Claims to Jurisdiction Over Submerged Lands
Pub. L. 109–58, title III, §388(e), Aug. 8, 2005, 119 Stat. 747, provided that:
“Nothing in this section [amending this section and enacting provisions
set out as notes under this section] shall be construed to alter, limit, or
modify any claim of any State to any jurisdiction over, or any right, title,
or interest in, any submerged lands.”
Distribution of Section 1337(g) Account
Section 8004 of title VIII of Pub. L. 99–272 provided that:
“(a) Prior to April 15, 1986, the Secretary shall distribute to the designated coastal
States the sum of—
“(1) the amounts due and payable to each such State under paragraph (2) of section
8(g) of the Outer Continental Shelf Lands Act, as amended by this title [43 U.S.C.
1337(g)(2)], for the period between October 1, 1985, and the date of such
distribution, and
“(2) the amounts due each such State under subsection (b)(1)(A) of this section for
the period prior to October 1, 1985.
“(b)(1) As a fair and equitable disposition of all revenues (including interest
thereon) derived from any lease of Federal lands wholly or partially within 3 miles
of the seaward boundary of a coastal State prior to October 1, 1985, the Secretary
shall distribute:

4. “(A) from the funds which were deposited in the separate account in the Treasury
of the United States under section 8(g)(4) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(g)(4)) which was in effect prior to the date of enactment of
section 8003 of this title [Apr. 7, 1986] the following sums:
($ million)
Louisiana 572
Texas 382
California 338
Alabama 66
Alaska 51
Mississippi 14
Florida 0.03
as well as 27 percent of the royalties, derived from any lease of Federal lands,
which have been deposited through September 30, 1985, in the separate account
described in this paragraph and interest thereon accrued through September 30,
1985, and shall transmit any remaining amounts to the miscellaneous receipts
account of the Treasury of the United States; and
“(B) from revenues derived from any lease of Federal lands under the Outer
Continental Shelf Lands Act, as amended [43 U.S.C. 1331 et seq.], prior to April
15 of each of the fifteen fiscal years following the fiscal year in which this title is
enacted, 3 percent of the following sums in each of the five fiscal years following
the date of enactment of this Act [Apr. 7, 1986], 7 percent of such sums in each of
the next five fiscal years, and 10 percent of such sums in each of the following five
fiscal years:
($ million)
Louisiana 84
Texas 134
California 289
Alabama 7
Alaska 134
Mississippi 2.

5. “(2) The acceptance of any payment by a State under this section shall satisfy and
release any and all claims of such State against the United States arising under, or
related to, section 8(g) of the Outer Continental Shelf Lands Act [43 U.S.C.
1337(g)], as it was in effect prior to the date of enactment of this Act [Apr. 7,
1986] and shall vest in such State the right to receive payments as set forth in this
section.
“(c) Notwithstanding any other provision of this Act, the amounts due and payable
to the State of Louisiana prior to October 1, 1986, under subtitle A of title VIII
(Outer Continental Shelf and Related Programs) of this Act [title VIII does not
contain a subtitle A, see Short Title of 1986 Amendment note set out under section
1301 of this title] shall remain in their separate accounts in the Treasury of the
United States and continue to accrue interest until October 1, 1986, except that the
$572,000,000 set forth in subsection 8004(b)(1)(A) of this section shall only accrue
interest from April 15, 1986 to October 1, 1986, at which time the Secretary shall
immediately distribute such sums with accrued interest to the State of Louisiana.”
*****
HAWAII STATE LAND USE LAW, COASTAL ZONE MANAGEMENT
Hawaii Revised Statutes Chapter 205A §205A-1 Definitions. As used in this
chapter, unless the context otherwise requires:
"Lead agency" means the office of planning;
"Coastal zone management area" means all lands of the State and the area
extending seaward from the shoreline to the limit of the State's police power and
management authority, including the United States territorial sea;
"Coastal zone management program" means the comprehensive statement in
words, maps, or other permanent media of communication, prepared, approved for
submission, and amended by the State and approved by the United States
government pursuant to Public Law No. 92-583, as amended, and the federal
regulations adopted pursuant thereto, which describes objectives, policies, laws,
standards, and procedures to guide and regulate public and private uses in the
coastal zone management area, provided however the "coastal zone management
program" is consistent with the intent, purpose, and provisions of this chapter;

6. "Ocean waters" means all waters seaward of the shoreline within the jurisdiction of
the State.
Hawaii Revised Statutes § 225M-2 Office of planning, establishment;
responsibilities.
There is established within the department of business, economic
development, and tourism an office of planning. The head of the office shall
be known as the director of the office of planning, referred to in this chapter
as director.
Coastal and ocean policy management. Carrying out the lead agency
tesponsibilities for the Hawaii coastal zone management program, as
specified in chapter 205A. Also, developing and maintaining an ocean and
coastal resources information, planning, and management system further
developing and coordinating implementation of the ocean resources
management plan, and formulating ocean policies with respect to the
exclusive economic zone, coral reefs, and national marine sanctuaries;
*****
Tuna fishery is a valuable resource for Hawaii.
Compare definition of “Continental Shelf” and jurisdictional application
by the United States Government under the Magnuson-Stevens Fishery
Conservation and Management Act and the Department of The Interior,
Bureau of Ocean Energy Management for Commercial Leasing for
Wind Power on the Outer Continental Shelf, Offshore the Island of
Oahu, Hawaii.
*****
MAGNUSON-STEVENS
FISHERY CONSERVATION AND MANAGEMENT ACT

7. Public Law 94-265
As amended by the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act (P.L. 109-479)
AN ACT
To provide for the conservation and management of the fisheries,
and for other purposes.
SEC. 3. DEFINITIONS 16 U.S.C. 1802
As used in this Act, unless the context otherwise requires—
104-297
(6) The term "Continental Shelf" means the seabed and subsoil of the submarine
areas adjacent to the coast, but outside the area of the territorial sea1
, of the United
States, to a depth of 200 meters or, beyond that limit, to where the depth of the
superjacent waters admits of the exploitation of the natural resources of such areas.
99-659
(11) The term "exclusive economic zone" means the zone established by
Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying
this Act, the inner boundary of that zone is a line coterminous with the seaward
boundary of each of the coastal States.
1 Territorial Sea
“Each coastal State may claim a territorial sea that extends seaward up to 12 nautical miles (nm)
from its baselines. The coastal State exercises sovereignty over its territorial sea, the air space
above it, and the seabed and subsoil beneath it. Foreign flag ships enjoy the right of innocent
passage while transiting the territorial sea subject to laws and regulations adopted by the coastal
State that are in conformity with the Law of the Sea Convention and other rules of international
law relating to such passage.
The U.S. claimed a 12 nm territorial sea in 1988 (Presidential Proclamation No. 5928, December
27, 1988).”
Source: NOAA Office of General Counsel http://www.gc.noaa.gov/gcil_maritime.html

8. 104-297
(20) The term "high seas" means all waters beyond the territorial sea of the United
States and beyond any foreign nation's territorial sea, to the extent that such sea is
recognized by the United States.
104-297
(40) The term "special areas" means the areas referred to as eastern special areas in
Article 3(1) of the Agreement between the United States of America and the Union
of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990. In
particular, the term refers to those areas east of the maritime boundary, as defined
in that Agreement, that lie within 200 nautical miles of the baselines from which
the breadth of the territorial sea of Russia is measured but beyond 200 nautical
miles of the baselines from which the breadth of the territorial sea of the United
States is measured.
(41) The term "State" means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam,
and any other Commonwealth, territory, or possession of the United States.
101-627
(45) The term "waters of a foreign nation" means any part of the territorial sea or
exclusive economic zone (or the equivalent) of a foreign nation, to the extent such
territorial sea or exclusive economic zone is recognized by the United States.
TITLE I — UNITED STATES RIGHTS AND AUTHORITY REGARDING
FISH AND FISHERY RESOURCES
SEC. 101. UNITED STATES SOVEREIGN RIGHTS TO FISH 16 U.S.C. 1811
AND FISHERY MANAGEMENT AUTHORITY

9. 99-659, 102-251
(a) IN THE EXCLUSIVE ECONOMIC ZONE.—Except as provided in section
102, the United States claims, and will exercise in the manner provided for in this
Act, sovereign rights and exclusive fishery management authority over all fish, and
all Continental Shelf fishery resources, within the exclusive economic zone [and
special areas]*.
99-659, 101-627, 102-251
(b) BEYOND THE EXCLUSIVE ECONOMIC ZONE.—The United States
claims, and will exercise in the manner provided for in this Act, exclusive fishery
management authority over the following:
(1) All anadromous species throughout the migratory range of each such species
beyond the exclusive economic zone; except that that management authority does
not extend to any such species during the time they are found within any waters of
a foreign nation.
(2) All Continental Shelf fishery resources beyond the exclusive economic zone.
[(3) All fishery resources in the special areas.]*
*****
A CALL TO ACTION
Requested Information from Interested or Affected Parties
The Department of Interior, Bureau of Ocean Energy Management
(BOEM) is requesting specific and detailed comments from Federal,
state, and local governments, Native Hawaiians, and the public.
SPEAK NOW OR FOREVER HOLD YOUR PEACE