Permits for construction and management of artificial reefs

Section 205 of the National Fishing Enhancement Act of 1984 (33 U.S.C. 2104) is amended— (1)by redesignating subsections (b) through (e) as subsections (d) through (g), respectively; and (2)by striking subsection (a) and inserting the following:

(a)

Action on permits

(1)

In general

In issuing a permit for an artificial reef under section 10 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes, approved March 3, 1899 (commonly known as the Rivers and Harbors Appropriation Act of 1899) (33 U.S.C. 403), section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), or section 4(e) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(e)), the Secretary shall— (A)consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties; (B)ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this Act; (C)ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; (D)ensure that a State assuming liability under subparagraph (C) has established an artificial reef maintenance fund; and (E)consider the plan developed under section 204 and notify the Secretary of Commerce of any need to deviate from that plan. (2)

Regulations

(A)

In general

Not later than 180 days after the date of enactment of this paragraph, the Directors shall promulgate regulations that expedite the review of a final application such that a decision is rendered not later than 150 days after the date on which the application is submitted. (B)

Regulations promulgated by the Commanding General

Not later than 180 days after the date of enactment of the Artificial Reef Promotion Act of 2013, 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 120 days after the date on which the application is submitted. (b)

Siting

(1)

Number

(A)

In general

Not later than 1 year after the date of enactment of the Artificial Reef Promotion Act of 2013, the Commanding General shall, in consultation with the Directors and appropriate State agencies, designate not fewer than 20 artificial reef planning areas. (B)

Gulf States

Of the artificial reef planning areas described in subparagraph (A)— (i)6 shall be located outside the seaward boundary of the State of Texas; (ii)6 shall be located outside the seaward boundary of the State of Louisiana; (iii)3 shall be located outside the seaward boundaries of the State of Alabama and State of Mississippi; and (iv)5 shall be located outside the seaward boundary of the State of Florida. (C)

Inclusions

The sites described in subparagraph (A) include any artificial reef planning area existing on the day before the date of enactment of the Artificial Reef Promotion Act of 2013 if the boundaries and area of the site are modified to meet the requirements of this Act. (2)

Boundaries and proximity to shoreline

(A)

In general

The Directors shall, in consultation with the Commanding General and appropriate State agencies— (i)ensure that each artificial reef planning area described in paragraph (1)(A)— (I)is sited a reasonable proximity to the shoreline, as determined by the Directors; and (II)includes as many platforms as practical, as determined by the Directors; and (ii)determine the appropriate size and boundaries for each site. (B)

Minimum area

(i)

In general

Each artificial reef planning area described in paragraph (1)(A) shall be not smaller than 12 contiguous lease blocks. (ii)

Application

Clause (i) shall apply to any artificial reef planning area existing before, on, or after the date of enactment of the Artificial Reef Promotion Act of 2013. (3)

Distance between sites

(A)

In general

Not later than 180 days after the date of enactment of the Artificial Reef Promotion Act of 2013, the Director of the Bureau of Safety and Environmental Enforcement shall promulgate a regulation that regulates the distance between platforms used as artificial reefs. (B)

Maximum

The distance contained in the regulation described in subparagraph (A) shall be not greater than 2 miles. (4)

Depth

(A)

In general

Of the artificial reef planning areas described in paragraph (1)(A)— (i)not fewer than 10 shall be located at a water depth of— (I)not less than 100 feet; and (II)not greater than 200 feet; and (ii)not fewer than 10 shall be located at a water depth of greater than 200 feet. (B)

Sites in water depth of not greater than 100 feet

The Commanding General shall, in consultation with the Directors and appropriate State agencies, designate artificial reef planning areas, where practicable, at a water depth of not greater than 100 feet. (5)

Requirements for permittees

(A)

In general

A person to whom a permit is issued under subsection (a)(1) shall— (i)construct the artificial reef in an artificial reef site located in an artificial reef planning area described in paragraph (1)(A); (ii)comply with— (I)any regulation promulgated by the Director of the Bureau of Safety and Environmental Enforcement relating to reef planning; (II)the plan developed under section 204; and (III)any applicable plan developed by a State; and (iii)if the person owns platforms, not later than 180 days after the date on which the Commanding General designates the artificial reef planning areas under paragraph (1), submit to the Director of the Bureau of Safety and Environmental Enforcement and appropriate State agencies notice that identifies 20 percent of the platforms to be used as artificial reefs. (B)

Donated platforms

(i)

In general

A person described in subparagraph (A)(iii) shall include in a final application the artificial reef planning area and the artificial reef site in which the platforms described in subparagraph (A)(iii) will be located. (ii)

Depth

The area and site described in clause (i) shall be consistent with the depth requirements in paragraph (4). (iii)

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 (i) is filled to capacity, the person shall choose a different area or site. (6)

Regulations

(A)

Capacity of reef sites

No regulation shall require that an artificial reef planning area described in paragraph (1)(A) be filled to capacity with platforms before another artificial reef planning area is established. (B)

Minimum water depth

(i)

In general

The Secretary shall, in consultation with the Secretary of the department in which the Coast Guard is operating, promulgate regulations for the minimum water depth required to cover an artificial reef. (ii)

Depth not greater than 85 feet

If the minimum water depth described in clause (i) is not greater than 85 feet, the Secretary of the department in which the Coast Guard is operating shall— (I)evaluate each artificial reef site to ensure that the site is properly marked to reduce any navigational hazard; (II)not later than 30 days on which a final application is submitted, review the application to ensure that the artificial reef site will contain the markings described in subclause (I); (III)indicate on appropriate nautical charts the location of each artificial reef planning area and artificial reef site; and (IV)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 appropriate. (7)

Review

Not later than 3 years after the date of enactment of the Artificial Reef Promotion Act of 2013, the Director of the Bureau of Safety and Environmental Enforcement, shall review the artificial reef planning areas described in paragraph (1)(A) to determine the effectiveness of using decommissioned platforms as artificial reefs. (c)

Preference given to applications seeking To use decommissioned platforms as artificial reefs

The Regional Supervisor shall give preference to a final application. (d)

Regulations governing decommissioned platforms

Any regulation in effect on the date of enactment of the Artificial Reef Promotion Act of 2013 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 platform.

Definitions

Section 206 of the National Fishing Enhancement Act of 1984 (33 U.S.C. 2105) is amended— (1)by redesignating paragraphs (2) and (3) as paragraphs (11) and (12), respectively; and (2)by inserting after paragraph (1) the following:

(2)

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 opportunities. (3)

Artificial reef planning area

The term artificial reef planning area means a designated area within which artificial reef sites may be located when— (A)a person obtains all appropriate permits; and (B)each platform located in the artificial reef site is appropriately prepared. (4)

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 reef. (5)

Commanding General

The term Commanding General means the Commanding General of the Corps of Engineers. (6)

Decommissioning

The term decommission includes removing and moving a platform to an artificial reef site. (7)

Directors

The term Directors means— (A)the Director of the Bureau of Safety and Environmental Enforcement; and (B)the Director of the Bureau of Ocean Energy Management. (8)

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 250.1727(g) of title 30, Code of Federal Regulations (or successor regulations). (9)

Platform

The term platform means an offshore oil and gas platform in the Gulf of Mexico. (10)

Secretary

The term Secretary means the Secretary of the Interior.