,,ii #aacth ,,congress #ast ,session ,s4 #if ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bc 7legislative day1 ,january #c71 #bjac ,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to authorize the use of certain offshore oil and gas platforms in the ,gulf of ,mexico for artificial reefs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,rigs to ,reefs ,habitat ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,decommissioning ,the term decommissioning includes the flushing1 plugging1 and cementing of a platform4 7#b7 ,fund ,the term ,fund means the ,reef ,maintenance ,fund established by section #c7;h77#a74 7#c7 ,notice ,the term ,notice means the notice to lessees numbered #bjaj-;,g#je1 entitled ,notice to ,lessees and ,operators of ,federal ,oil and ,gas ,leases and ,pipeline ,right-of-,way ,holders in the ,outer ,continental ,shelf1 ,gulf of ,mexico ,,ocs ,region1 and issued ,september #ae1 #bjaj4 7#d7 ,platform ,the term platform means an offshore oil and gas platform in the ,gulf of ,mexico that1 as determined by the ,secretary-- 7,a7 is no longer useful for operations1 as defined in the ,notice2 and 7,b7 has become critical for marine fisheries habitat4 7#e7 ,program ,the term ,program means the artificial reef program authorized under the ,national ,fishing ,enhancement ,act of #aihd 7#cc ,u4,s4,c4 #baja et seq474 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #c4 ,use of certain ,offshore oil and gas platforms for artificial reefs 7a7 ,assessment ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall conduct an assessment of each of the platforms-- 7#a7 to determine whether there are coral populations or other protected species in the vicinity of the platform2 and 7#b7 to identify any species in the vicinity of the platform that have recreational or commercial value4 7b7 ,prohibition of removal 7#a7 ,in general ,notwithstanding the ,notice1 no platforms shall be removed in accordance with the ,notice until the date on which the ,secretary has completed assessments of each of the platforms under subsection 7a74 7#b7 ,suspension of decommissioning ,if1 during an assessment conducted under subsection 7a71 the ,secretary determines that there is a substantial reef ecosystem in the vicinity of the platform1 the decommissioning of the platform under the ,notice shall be placed on hold until such time as the ,secretary determines that decommissioning the platform would not harm the reef ecosystem4 7c7 ,exemption from certain requirements ,the requirement in the ,notice that a lessee remove a platform as soon as possible1 but not later than #e years after the effective date of the ,notice or within #e years of the platform1 meeting the definition of no longer useful for operations1 whichever is later1 shall not apply to a lessee that-- 7#a7 commits to entering the platform in the ,program2 and 7#b7 demonstrates the commitment described in paragraph 7#a7 by initiating discussions with applicable ,states regarding potential sites for the artificial reef4 7d7 ,reefing in place ,a lessee may1 as appropriate1 provide for reefing in place under the ,program4 7e7 ,state programs 7#a7 ,in general ,a ,state that has a ,state rig-to-reef program may enter into an agreement with any appropriate entities to assume liability in ,federal water for a structure covered by the ,state program4 7#b7 ,maintenance ,notwithstanding an agreement entered into under paragraph 7#a71 the operator of the covered structure shall remain responsible for maintaining the covered structure4 7f7 ,removal of top decks ,under the ,program1 top decks of a rig may be removed1 down to water surface level1 if appropriate identifying markers are used to protect navigation4 7g7 ,maintenance and financial requirements ,as a condition of inclusion in the ,program1 the owner of a rig enrolled in the ,program shall be required to-- 7#a7 maintain an anode system for the rig2 and 7#b7 pay into the ,fund an amount equal to #ej percent of the estimated costs associated with the removal of the platform that the owner would have been responsible for if the owner had not participated in the ,program1 as determined by the ,secretary4 7h7 ,reef maintenance fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,reef ,maintenance ,fund1 to be administered by the ,secretary1 to be available without fiscal year limitation and not subject to appropriation1 for the maintenance of artificial reefs established under the ,program4 7#b7 ,transfers to ,fund ,the ,fund shall consist of such amounts deposited in the ,fund under subsection 7g77#b74 7#c7 ,prohibition ,amounts in the ,fund may not be made available for any purpose other than a purpose described in paragraph 7#a74 7#d7 ,annual reports 7,a7 ,in general ,not later than #fj days after the end of each fiscal year beginning with fiscal year #bjac1 the ,secretary shall submit to the ,committee on ,appropriations of the ,house of ,representatives1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the operation of the ,fund during the fiscal year4 7,b7 ,contents ,each report shall include1 for the fiscal year covered by the report1 the following3 7i7 ,a statement of the amounts deposited into the ,fund4 7ii7 ,a description of the expenditures made from the ,fund for the fiscal year1 including the purpose of the expenditures4 7iii7 ,recommendations for additional authorities to fulfill the purpose of the ,fund4 7iv7 ,a statement of the balance remaining in the ,fund at the end of the fiscal year4