,i #aaith ,,congress #ast ,session ,h4 ,r4 #egde ,,in ,,the ,,house ,,of ,,representatives ,october #ad1 #bjbe,mr4 ,ezell 7for himself1 ,mr4 ,carter of ,louisiana1 and ,mr4 ,veasey7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to promote fish habitat through the enhancement of certain offshore oil and gas platforms and pipelines as artificial reefs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,marine ,fisheries ,habitat ,protection ,act4 #b4 ,use of certain offshore oil and gas platforms and pipelines for artificial reefs 7a7 ,national ,fishing ,enhancement ,act of #aihd ,the ,national ,fishing ,enhancement ,act of #aihd 7#cc ,u4,s4,c4 #baja et seq47 is amended-- 7#a7 by amending section #bjf 7#cc ,u4,s4,c4 #baje7 to read as follows3 #bjf4 ,definitions ,in this title3 7#a7 ,administrator ,the term ,administrator means the ,under ,secretary of ,commerce for ,oceans and ,atmosphere in the ,under ,secretary's capacity as ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,artificial reef ,the term ,artificial reef means a structure or facility and associated equipment and infrastructure which is located1 constructed or placed in ,covered ,waters that enhances fishery resources and commercial and recreational fishing opportunities1 including1 without limitation1 ,approved ,structures4 7#c7 ,director ,the term ,director means the ,principal ,deputy ,director ,exercising the ,delegated ,authorities of the ,director of the ,bureau of ,safety and ,environmental ,enforcement4 7#d7 ,decommissioning ,for the purposes of this title1 the term ,decommissioning means ending oil1 gas1 or sulphur operations on an offshore lease1 right-of-way1 or right-of-use and easement and returning the area subject to such lease1 right-of-way1 or right-of-use and easement to a condition that complies with applicable law1 including1 without limitation1 ,reefing in ,place of ,approved ,structures1 or removal of platforms and structures1 or a combination thereof4 7#e7 ,established reef ecosystem ,the term established reef ecosystem means an area with identified reef-associated species1 including species of corals1 crustaceans1 fish1 or other marine life4 7#f7 ,approved structure ,the term approved structure means an ,eligible ,structure which the ,secretary of the ,interior has approved for ,reefing in ,place pursuant to ,section #bjg7;a77#e77;,b74 7#g7 ,eligible structure ,the term eligible structure refers to an ,inactive ,structure that is determined eligible for ,reefing in ,place by the ,director pursuant to ,section #bjg7;a77#c74 7#h7 ,inactive structure ,the term inactive structure means an oil or gas platform1 structure1 facility1 pipeline1 and associated equipment and infrastructure-- 7,a7 that either-- 7i7 an ,applicant determines is no longer useful for operations2 7ii7 is located on a lease1 right-of-way1 right-of-use and entry or other similar right that has expired1 terminated1 been relinquished or abandoned or is no longer valid and effective2 or 7iii7 is currently on the sea floor as a result of an act of ,god or event of force majeure4 7#i7 ,partial removal ,the term ,partial ,removal means-- 7,a7 the severance and removal of a portion of an ,inactive ,structure at a level that maximizes the vertical relief of the structure in the water column at the minimum depth from the surface to maintain navigational safety1 as determined by the ,secretary of the ,interior in consultation with the ,commandant of the ,coast ,guard2 and 7,b7 optionally1 the placement of the severed portion of the ,inactive ,structure on the sea floor in proximity to the base of the unsevered portion of the structure or at an alternative reef planning area4 7#aj7 ,reef in place ,the term ,reef in ,place or ,reefing in ,place means ,decommissioning of an ,approved ,structure1 in whole or in part1 by abandoning in place1 ,toppling in ,place1 or ,partial ,removal of the ,approved ,structure in a manner that-- 7,a7 attempts to maximize reef ecosystem for benthic and pelagic species throughout the entirety of the water column2 and 7,b7 is at the appropriate minimum depth from the surface to maintain navigational safety as determined by the ,secretary of the ,interior in consultation with the ,commandment of the ,coast ,guard4 7#aa7 ,applicant ,the term applicant refers to a current or former lessee1 right-of-way holder1 right-of-use holder or operating rights owner that has assumed operational control or regulatory responsibility over an ,inactive ,structure1 or has received an order from the ,secretary of the ,interior to perform decommissioning on an ,inactive ,structure1 or is otherwise legally responsible for ,decommissioning an ,inactive ,structure4 ,parties that do not meet any of this criteria may apply to the ,director to be deemed an ,applicant for the purposes of this title1 to the extent that multiple parties meeting the definition of ,applicant exist1 the party designated to the ,department of the ,interior as the single entity to serve as an operator or agent for the decommissioning operations shall be the ,applicant for the purposes of this title4 7#ab7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,american ,samoa1 ,guam1 ,johnston ,island1 ,midway ,island1 and ,wake ,island4 7#ac7 ,topple in place ,the term ,topple in ,place or ,toppling in ,place means detaching an ,approved ,structure or a portion of the ,approved ,structure from the seabed and toppling the approved structure or a severed portion of the ,approved ,structure onto its side on the seabed in the same area or immediately adjacent to the area where the ,approved ,structure was originally installed or abandoned4 7#ad7 ,covered waters ,the term ,covered ,waters means the navigable waters of the ,united ,states and the waters superjacent to the ,outer ,continental ,shelf as defined in section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca71 to the extent such waters exist in or are adjacent to any ,state4 7#ae7 ,state program ,the term ,state ,program means any ,state ,artificial ,reef program authorized under section #bjg7;c74 7#af7 ,reef planning area ,the term ,reef ,planning ,area means an area identified and designated as such by the ,director under section #bjg7;a77#d74 2 7#b7 by amending section #bjg to read as follows3 #bjg4 ,reef in place 7a7 ,reef in place ,an ,applicant may elect to ,reef in ,place the ,inactive ,structure in accordance with the following3 7#a7 ,notice of intent to reef ,to ,reef in ,place1 an ,applicant may submit a ,notice of ,intent to ,reef an ,inactive ,structure at any time to the ,director4 7#b7 ,assessment ,within #ahj days of submission of a ,notice of ,intent to ,reef under ,section #bjg7;a77#a71 initiate the following assessment4 7,a7 ,in general ,the ,director shall1 in response to an ,applicant request1 conduct or appoint a ,state or qualified third-party to perform on its behalf1 an assessment of each ,inactive ,structure1 which shall1 with respect to each ,inactive ,structure include an assessment of-- 7i7 in consultation with the ,administrator the localized corals1 fish species1 and other marine life that use the ,inactive ,structure as a habitat2 and 7ii7 the economic benefits of ,reefing in ,place1 including a comparison of the cost to replace the ,inactive ,structure with an equivalent cubic volume1 including interstitial spaces1 of appropriate artificial material if the ,inactive ,structure is removed4 7,b7 ,assessment conducted by applicant ,the ,director may permit an ,applicant to conduct an assessment or enter into an agreement with a ,state or qualified third-party to perform on its behalf1 an assessment report for each ,inactive ,structure to be submitted to the ,director1 which shall1 with respect to each ,inactive ,structure satisfy the assessment criteria set forth in subparagraph 7#b77;,a74 7,c7 ,to the extent practicable1 the assessment under this subparagraph 7#b7 must be completed within one year of receipt by the ,director of the ,notice of ,intent to ,reef4 7#c7 ,eligibility determination ,not later than #fj days after completion of the assessment conducted under subparagraph 7#b77;,a71 or receipt by the ,director of the assessment report conducted under subparagraph 7#b77;,b71 the ,director1 after consultation with the ,administrator1 shall make a formal determination that the ,inactive ,structure is an ,eligible ,structure if-- 7,a7 there is an ,established ,reef ,ecosystem on1 under1 or in the immediate vicinity of the ,inactive ,structure1 or there is potential for a reef ecosystem on1 under1 or in the immediate vicinity of the ,inactive ,structure2 and 7,b7 ,reefing in ,place of the ,inactive ,structure is appropriate based on criteria described in the ,national ,artificial ,reef ,plan 7as amended7 developed pursuant to ,section #bjd4 7#d7 ,designation of reef planning areas 7,a7 ,not later than #ij days after the ,director determines an ,inactive ,structure is an ,eligible ,structure pursuant to paragraph 7#c71 the ,director1 in consultation with the associated ,state ,reef ,program1 shall designate the footprint of the ,eligible ,structure or other proposed reefing location1 along with any surrounding area deemed necessary for ,reefing in ,place1 as a ,reef ,planning ,area4 7,b7 ,designation as a ,reef ,planning ,area under subparagraph 7#d77;,a7 shall be made by the ,director prior to any ,reef in ,place activity4 7,c7 ,nothing in this paragraph shall be construed to require the redesignation of1 or otherwise affect1 any area already serving as a reef permitted area or existing ,artificial ,reef site4 7#e7 ,approval ,not later than three years after the date on which the ,director determines an ,inactive ,structure is an ,eligible ,structure1 the ,applicant may ,reef in ,place if-- 7,a7 with respect to the ,eligible ,structure-- 7i7 all associated wells have been permanently plugged and abandoned pursuant to applicable law1 including any departures approved by the ,bureau of ,safety and ,environmental ,enforcement2 7ii7 hydrocarbons and other hazardous liquids have been removed in accordance with applicable laws and regulations2 7iii7 if required by law or regulation1 the ,applicant installs identifying markers to protect and aid navigation2 7iv7 the ,applicant confirmed there is no outstanding responsibility or liability related to the ,eligible ,structure other than ,decommissioning and related maintenance monitoring2 and 7v7 the ,applicant has transferred1 or has an agreement to transfer1 liability to a ,state agency upon completion of the reefing activity4 7,b7 ,and1 the ,secretary of the ,interior determines the criteria in subparagraph #e7;,a7 have been met and the ,eligible ,structure is reasonably sound and secure1 upon which the ,eligible ,structure is deemed an ,approved ,structure4 7#f7 ,annual report ,not later than one year after the date of the enactment of this subsection1 and annually thereafter1 the ,director shall submit to the ,secretary of the ,interior1 the ,administrator1 the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,natural ,resources of the ,senate a report summarizing all actions taken in relation to an ,inactive ,structure under this ,section #bjg that occurred in the preceding twelve 7#ab7 months1 including1 without limitation1 each ,notice of ,intent to ,reef1 assessment1 ,eligible ,structure determination1 ,reef ,planning ,area designation1 ,approved ,structure determination1 and appeal submitted or conducted pursuant to this ,section #bjg1 which shall include a comprehensive map4 7#g7 ,withdrawal ,any ,applicant may determine that it will not complete ,reefing in ,place at any time1 regardless of whether or not it has1 or prior ,applicants have1 completed any of the processes described in this ,section #bjg4 ,any ,applicant shall be entitled to terminate the processes commenced in this ,section #bjg upon written notice to the ,director and remove or otherwise ,decommission the ,inactive ,structure in accordance with applicable law4 7#h7 ,other reefing or decommissioning mechanisms preserved ,nothing in this ,act shall eliminate1 modify or otherwise limit the ability of any party from pursuing the reefing of any ,inactive ,structure under any other program authorized by the ,national ,fishing ,enhancement ,act or pursuing any other method of ,decommissioning4 7b7 ,appeals ,any ,applicant aggrieved by a decision made under paragraph 7a7 may submit a written appeal within #fj days of the decision to the ,director describing why the decision should be reconsidered4 ,the ,director shall respond with an appeal determination no later than #fj days after receipt of the appeal4 ,any determination made by the ,director under this paragraph 7b7 is a final agency action subject to judicial review4 7c7 ,state programs 7#a7 ,in general ,a ,state that has a program to convert inactive structures into artificial reefs may enter into an agreement with any applicant to assume responsibility and liability no later than one year after a reef planning area is designated for an ,eligible ,structure in ,covered ,waters in exchange for an amount of funds that-- 7,a7 is determined by the ,state2 and 7,b7 does not exceed #ej percent of the cost savings gained by the ,applicant due to reefing as determined by the ,applicant and approved by the ,state1 unless the ,applicant consents to a greater amount4 7#b7 ,liability ,upon acceptance by a ,state of an ,eligible structure into a ,state ,program described in subparagraph 7#a7-- 7,a7 the ,applicant shall have no responsibility or liability with respect to the ,approved ,structure following completion of the reefing activity unless otherwise agreed to by the ,applicant and a ,state2 and 7,b7 the ,state shall be-- 7i7 solely responsible for the continued maintenance of the ,approved structure1 including maintaining any identifying markers installed to protect and aid navigation2 and 7ii7 exclusively responsible and liable for the ,approved structure4 7d7 ,outer continental shelf lands act ,section #e of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd7 is amended by adding at the end the following3 7e7 ,artificial reefs 7#a7 ,definitions ,in this subsection3 7,a7 ,for the purposes of this section1 the terms ,administrator1 ,applicant1 ,approved ,structure1 ,artificial ,reef1 ,decommissioning1 ,director1 ,eligible ,structure1 ,established ,reef ,ecosystem1 ,inactive ,structure1 ,partial ,removal1 ,reef in ,place1 ,reef ,planning ,area1 ,state ,program1 ,state1 and ,topple in ,place shall have the same meaning as set forth in section #bjf of the ,national ,fishing ,enhancement ,act of #aihd 7as amended71 #cc ,u4,s4,c4 #baja et seq4 7,b7 ,removal order ,the term removal order means any order1 notice1 or request to fully or partially remove an ,inactive ,structure sent by any ,federal agent1 including1 without limitation any order to perform decommissioning4 7#b7 ,prohibition on removal orders 7,a7 ,in general ,the ,secretary of the ,interior may not issue or enforce a ,removal ,order for an ,inactive ,structure during any of the following periods-- 7i7 ,initial notice period ,from the date an ,applicant submits its first ,notice of ,intent to ,reef pursuant to ,section #bjg7;a77#a7 of the ,national ,fishing ,enhancement ,act of #aihd 7as amended71 #cc ,u4,s4,c4 #baja et seq4 for a given ,inactive ,structure and for a period of one year thereafter4 7ii7 ,assessment period ,from the date an assessment required under ,section #bjg7;a77#b7 of the ,national ,fishing ,enhancement ,act of #aihd 7as amended71 #cc ,u4,s4,c4 #baja et seq4 is initiated1 but not later than #ah months after the ,notice of ,intent to ,reef is submitted4 7iii7 ,pending determination ,after submission of an assessment to the ,director pursuant to ,section #bjg7;a77#b7 of the ,national ,fishing ,enhancement ,act of #aihd 7as amended71 #cc ,u4,s4,c4 #baja et seq41 and before the ,director has made an ,eligible ,structure determination under ,section #bjg7;a77#c7 of the ,national ,fishing ,enhancement ,act of #aihd 7as amended71 #cc ,u4,s4,c4 #baja et seq4 7iv7 ,eligible determination ,after a determination that the structure is an ,eligible ,structure under ,section #bjg7;a77#c7 of the ,national ,fishing ,enhancement ,act of #aihd 7as amended71 #cc ,u4,s4,c4 #baja et seq41 and for a period not to exceed three years following such determination4 7,b7 ,appeal period ,after the date an appeal has been filed under ,section #bjg7;b7 of the ,national ,fishing ,enhancement ,act of #aihd 7as amended71 #cc ,u4,s4,c4 #baja et seq41 and for #aej days thereafter4 7,c7 ,exception ,subparagraph 7,a7 does not apply with respect to an inactive structure that the ,secretary of the ,interior determines poses a substantial and imminent threat to-- 7i7 navigational safety2 or 7ii7 the marine environment4 7f7 ,existing regulations ,nothing in this ,act shall be construed to modify or supersede existing regulatory procedures for pipeline abandonment or decommissioning under the applicable provisions of the ,code of ,federal ,regulations4 ,pipeline abandonment in place shall continue to follow established regulatory processes and shall not require additional permitting unless the pipeline is specifically designated for conversion to an ,artificial ,reef4 4