,,ii #aacth ,,congress #ast ,session ,s4 #ajgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjac ,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require the ,director of the ,bureau of ,safety and ,environmental ,enforcement to promote the artificial reefs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,artificial ,reef ,promotion ,act of #bjac4 #b4 ,permits for construction and management of artificial reefs ,section #bje of the ,national ,fishing ,enhancement ,act of #aihd 7#cc ,u4,s4,c4 #bajd7 is amended-- 7#a7 by redesignating subsections 7b7 through 7e7 as subsections 7d7 through 7g71 respectively2 and 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,action on permits 7#a7 ,in general ,in issuing a permit for an artificial reef under section #aj of the ,act entitled ,an ,act making appropriations for the construction1 repair1 and preservation of certain public works on rivers and harbors1 and for other purposes1 approved ,march #c1 #ahii 7commonly known as the ,rivers and ,harbors ,appropriation ,act of #ahii7 7#cc ,u4,s4,c4 #djc71 section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd71 or section #d7;e7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accc7;e771 the ,secretary shall-- 7,a7 consult with and consider the views of appropriate ,federal agencies1 ,states1 local governments1 and other interested parties2 7,b7 ensure that the provisions for siting1 constructing1 monitoring1 and managing the artificial reef are consistent with the criteria and standards established under this ,act2 7,c7 ensure that the title to the artificial reef construction material is unambiguous1 and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established2 7,d7 ensure that a ,state assuming liability under subparagraph 7,c7 has established an artificial reef maintenance fund2 and 7,e7 consider the plan developed under section #bjd and notify the ,secretary of ,commerce of any need to deviate from that plan4 7#b7 ,regulations 7,a7 ,in general ,not later than #ahj days after the date of enactment of this paragraph1 the ,directors shall promulgate regulations that expedite the review of a final application such that a decision is rendered not later than #aej days after the date on which the application is submitted4 7,b7 ,regulations promulgated by the ,commanding ,general ,not later than #ahj days after the date of enactment of the ,artificial ,reef ,promotion ,act of #bjac1 the ,commanding ,general shall promulgate regulations that expedite the review of a final application by the ,secretary such that a decision is rendered not later than #abj days after the date on which the application is submitted4 7b7 ,siting 7#a7 ,number 7,a7 ,in general ,not later than #a year after the date of enactment of the ,artificial ,reef ,promotion ,act of #bjac1 the ,commanding ,general shall1 in consultation with the ,directors and appropriate ,state agencies1 designate not fewer than #bj artificial reef planning areas4 7,b7 ,gulf ,states ,of the artificial reef planning areas described in subparagraph 7,a7-- 7i7 #f shall be located outside the seaward boundary of the ,state of ,texas2 7ii7 #f shall be located outside the seaward boundary of the ,state of ,louisiana2 7iii7 #c shall be located outside the seaward boundaries of the ,state of ,alabama and ,state of ,mississippi2 and 7iv7 #e shall be located outside the seaward boundary of the ,state of ,florida4 7,c7 ,inclusions ,the sites described in subparagraph 7,a7 include any artificial reef planning area existing on the day before the date of enactment of the ,artificial ,reef ,promotion ,act of #bjac if the boundaries and area of the site are modified to meet the requirements of this ,act4 7#b7 ,boundaries and proximity to shoreline 7,a7 ,in general ,the ,directors shall1 in consultation with the ,commanding ,general and appropriate ,state agencies-- 7i7 ensure that each artificial reef planning area described in paragraph 7#a77;,a7-- 7,i7 is sited a reasonable proximity to the shoreline1 as determined by the ,directors2 and 7,,ii7 includes as many platforms as practical1 as determined by the ,directors2 and 7ii7 determine the appropriate size and boundaries for each site4 7,b7 ,minimum area 7i7 ,in general ,each artificial reef planning area described in paragraph 7#a77;,a7 shall be not smaller than #ab contiguous lease blocks4 7ii7 ,application ,clause 7i7 shall apply to any artificial reef planning area existing before1 on1 or after the date of enactment of the ,artificial ,reef ,promotion ,act of #bjac4 7#c7 ,distance between sites 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,artificial ,reef ,promotion ,act of #bjac1 the ,director of the ,bureau of ,safety and ,environmental ,enforcement shall promulgate a regulation that regulates the distance between platforms used as artificial reefs4 7,b7 ,maximum ,the distance contained in the regulation described in subparagraph 7,a7 shall be not greater than #b miles4 7#d7 ,depth 7,a7 ,in general ,of the artificial reef planning areas described in paragraph 7#a77;,a7-- 7i7 not fewer than #aj shall be located at a water depth of-- 7,i7 not less than #ajj feet2 and 7,,ii7 not greater than #bjj feet2 and 7ii7 not fewer than #aj shall be located at a water depth of greater than #bjj feet4 7,b7 ,sites in water depth of not greater than #ajj feet ,the ,commanding ,general shall1 in consultation with the ,directors and appropriate ,state agencies1 designate artificial reef planning areas1 where practicable1 at a water depth of not greater than #ajj feet4 7#e7 ,requirements for permittees 7,a7 ,in general ,a person to whom a permit is issued under subsection 7a77#a7 shall-- 7i7 construct the artificial reef in an artificial reef site located in an artificial reef planning area described in paragraph 7#a77;,a72 7ii7 comply with-- 7,i7 any regulation promulgated by the ,director of the ,bureau of ,safety and ,environmental ,enforcement relating to reef planning2 7,,ii7 the plan developed under section #bjd2 and 7,,iii7 any applicable plan developed by a ,state2 and 7iii7 if the person owns platforms1 not later than #ahj days after the date on which the ,commanding ,general designates the artificial reef planning areas under paragraph 7#a71 submit to the ,director of the ,bureau of ,safety and ,environmental ,enforcement and appropriate ,state agencies notice that identifies #bj percent of the platforms to be used as artificial reefs4 7,b7 ,donated platforms 7i7 ,in general ,a person described in subparagraph 7,a77iii7 shall include in a final application the artificial reef planning area and the artificial reef site in which the platforms described in subparagraph 7,a77iii7 will be located4 7ii7 ,depth ,the area and site described in clause 7i7 shall be consistent with the depth requirements in paragraph 7#d74 7iii7 ,area or site filled to capacity ,if the ,director of the ,bureau of ,safety and ,environmental ,enforcement or appropriate ,state agency determines that the area or site chosen by the person under clause 7i7 is filled to capacity1 the person shall choose a different area or site4 7#f7 ,regulations 7,a7 ,capacity of reef sites ,no regulation shall require that an artificial reef planning area described in paragraph 7#a77;,a7 be filled to capacity with platforms before another artificial reef planning area is established4 7,b7 ,minimum water depth 7i7 ,in general ,the ,secretary shall1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating1 promulgate regulations for the minimum water depth required to cover an artificial reef4 7ii7 ,depth not greater than #he feet ,if the minimum water depth described in clause 7i7 is not greater than #he feet1 the ,secretary of the department in which the ,coast ,guard is operating shall-- 7,i7 evaluate each artificial reef site to ensure that the site is properly marked to reduce any navigational hazard2 7,,ii7 not later than #cj days on which a final application is submitted1 review the application to ensure that the artificial reef site will contain the markings described in subclause 7,i72 7,,iii7 indicate on appropriate nautical charts the location of each artificial reef planning area and artificial reef site2 and 7,,iv7 provide mariners with notice of the location of each artificial reef site in a manner that the ,secretary of the department in which the ,coast ,guard is operating determines is appropriate4 7#g7 ,review ,not later than #c years after the date of enactment of the ,artificial ,reef ,promotion ,act of #bjac1 the ,director of the ,bureau of ,safety and ,environmental ,enforcement1 shall review the artificial reef planning areas described in paragraph 7#a77;,a7 to determine the effectiveness of using decommissioned platforms as artificial reefs4 7c7 ,preference given to applications seeking ,to use decommissioned platforms as artificial reefs ,the ,regional ,supervisor shall give preference to a final application4 7d7 ,regulations governing decommissioned platforms ,any regulation in effect on the date of enactment of the ,artificial ,reef ,promotion ,act of #bjac that governs the decommissioning or removal of a platform that is not being decommissioned for use as an artificial reef shall continue to govern the decommissioning or removal of the platform4 4 #c4 ,definitions ,section #bjf of the ,national ,fishing ,enhancement ,act of #aihd 7#cc ,u4,s4,c4 #baje7 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#aa7 and 7#ab71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,artificial reef ,the term artificial reef means a structure that is constructed or placed in the ,gulf of ,mexico for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities4 7#c7 ,artificial reef planning area ,the term artificial reef planning area means a designated area within which artificial reef sites may be located when-- 7,a7 a person obtains all appropriate permits2 and 7,b7 each platform located in the artificial reef site is appropriately prepared4 7#d7 ,artificial reef site ,the term artificial reef site means an area within an artificial reef planning area that has been cleared to have decommissioned platforms placed in the boundaries of the artificial reef planning area to be used as an artificial reef4 7#e7 ,commanding ,general ,the term ,commanding ,general means the ,commanding ,general of the ,corps of ,engineers4 7#f7 ,decommissioning ,the term decommission includes removing and moving a platform to an artificial reef site4 7#g7 ,directors ,the term ,directors means-- 7,a7 the ,director of the ,bureau of ,safety and ,environmental ,enforcement2 and 7,b7 the ,director of the ,bureau of ,ocean ,energy ,management4 7#h7 ,final application ,the term final application means a final application submitted to dispose of or remove a platform for use as an artificial reef under section #bej4agbg7;g7 of title #cj1 ,code of ,federal ,regulations 7or successor regulations74 7#i7 ,platform ,the term platform means an offshore oil and gas platform in the ,gulf of ,mexico4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 4 #d4 ,savings clauses ,section #bjh of the ,national ,fishing ,enhancement ,act of #aihd 7#cc ,u4,s4,c4 #bajf7 is amended by adding after subsection 7b7 the following3 7c7 ,miscellaneous ,nothing in this ,act shall-- 7#a7 hinder or invalidate-- 7,a7 the transfer of liability to the person to whom title of a platform is transferred when the platform is donated or becomes an artificial reef2 and 7,b7 any term or condition of any existing lease2 and 7#b7 require that-- 7,a7 a platform be left standing above the surface of the water2 and 7,b7 an owner of a platform notify any party1 other than the ,directors and the appropriate ,state agencies that coordinate with the ,commanding ,general1 of any plan to decommission a platform before abandonment operations commence4 4