[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1079 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1079

   To require the Director of the Bureau of Safety and Environmental 
  Enforcement to promote the artificial reefs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2013

  Mr. Vitter introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To require the Director of the Bureau of Safety and Environmental 
  Enforcement to promote the artificial reefs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Artificial Reef Promotion Act of 
2013''.

SEC. 2. 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.''.

SEC. 3. 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.''.

SEC. 4. SAVINGS CLAUSES.

    Section 208 of the National Fishing Enhancement Act of 1984 (33 
U.S.C. 2106) is amended by adding after subsection (b) the following:
    ``(c) Miscellaneous.--Nothing in this Act shall--
            ``(1) hinder or invalidate--
                    ``(A) the transfer of liability to the person to 
                whom title of a platform is transferred when the 
                platform is donated or becomes an artificial reef; and
                    ``(B) any term or condition of any existing lease; 
                and
            ``(2) require that--
                    ``(A) a platform be left standing above the surface 
                of the water; and
                    ``(B) an owner of a platform notify any party, 
                other than the Directors and the appropriate State 
                agencies that coordinate with the Commanding General, 
                of any plan to decommission a platform before 
                abandonment operations commence.''.
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