[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6814 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6814

To require the Under Secretary of Commerce for Oceans and Atmosphere to 
    assess certain offshore oil and gas platforms and pipelines for 
       potential use as artificial reefs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2023

  Mr. Graves of Louisiana (for himself and Mr. Veasey) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To require the Under Secretary of Commerce for Oceans and Atmosphere to 
    assess certain offshore oil and gas platforms and pipelines for 
       potential use as 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 ``Marine Fisheries Habitat Protection 
Act''.

SEC. 2. USE OF CERTAIN OFFSHORE OIL AND GAS PLATFORMS AND PIPELINES FOR 
              ARTIFICIAL REEFS.

    (a) National Fishing Enhancement Act of 1984.--The National Fishing 
Enhancement Act of 1984 (33 U.S.C. 2101 et seq.) is amended--
            (1) by amending section 206 (33 U.S.C. 2105) to read as 
        follows:

``SEC. 206. DEFINITIONS.

    ``In this title:
            ``(1) Artificial reef.--The term `artificial reef' means a 
        structure which is constructed or placed in waters covered 
        under this title for the purpose of enhancing fishery resources 
        and commercial and recreational fishing opportunities.
            ``(2) Decommissioning.--The term `decommissioning' mean 
        ending oil, gas, or sulphur operations on an offshore lease, 
        right-of-way, or right-of-use and easement and returning the 
        area subject to such lease, right-of-way, or right-of-use and 
        easement to a condition that complies with applicable law, 
        including by removing caissons and idle structures.
            ``(3) Established reef ecosystem.--The term `established 
        reef ecosystem' means an area with identified reef-associated 
        species, including species of corals, crustaceans, or fish that 
        are managed under--
                    ``(A) a fishery management plan of the National 
                Oceanic and Atmospheric Administration; or
                    ``(B) a State management plan for reef-associated 
                species.
            ``(4) Idle structure.--The term `idle structure' means--
                    ``(A) an oil or gas pipeline, and associated 
                equipment and infrastructure, that the Secretary of the 
                Interior has determined is no longer useful for 
                operations; and
                    ``(B) an offshore oil and gas platform or similar 
                structure, and associated equipment and infrastructure, 
                that is no longer useful for operations, as determined 
                by the Secretary of the Interior.
            ``(5) Partial removal.--The term `partial removal' means--
                    ``(A) the severance of the top portion of a 
                structure at a level appropriate to maintain 
                navigational safety, as determined by the Secretary of 
                the Interior in consultation with the Commandant of the 
                Coast Guard; and
                    ``(B) optionally, the placement of the severed 
                portion of the structure on the sea floor adjacent to 
                the base of the nonsevered portion of the structure.
            ``(6) Reef in place.--The term `reef in place' means 
        decommissioning through topple in place or partial removal 
        that--
                    ``(A) attempts to maximize habitat for benthic and 
                pelagic species throughout the entirety of the water 
                column; and
                    ``(B) is appropriate to maintain navigational 
                safety.
            ``(7) State.--The term `State' means a State of the United 
        States, the District of Columbia, Puerto Rico, the United 
        States Virgin Islands, American Samoa, Guam, Johnston Island, 
        Midway Island, and Wake Island.
            ``(8) Topple in place.--The term `topple in place' means 
        detaching a structure from the seabed and toppling the 
        structure onto its side on the seabed in the same area where 
        the structure was originally attached.
            ``(9) Waters covered under this title.--The term `waters 
        covered under this title' means the navigable waters of the 
        United States and the waters superjacent to the Outer 
        Continental Shelf as defined in section 2 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331), to the extent 
        such waters exist in or are adjacent to any State.''; and
            (2) by amending section 207 to read as follows:

``SEC. 207. REEF IN PLACE.

    ``(a) Reef in Place.--
            ``(1) In general.--Not later than 5 years after the date on 
        which a lessee, right-of-way holder, or owner of an idle 
        structure files a notice of intent under section 5(k)(4) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1334(k)(4)) with 
        respect to the idle structure, such lessee, right-of-way 
        holder, or owner may reef in place the idle structure if the 
        Secretary of the Interior determines--
                    ``(A) the idle structure is sound and secure; and
                    ``(B) the lessee, right-of-way holder, or owner 
                has, with respect to the idle structure--
                            ``(i) removed all hydrocarbons and other 
                        hazardous liquids;
                            ``(ii) if required by law or regulation, 
                        installed identifying markers to protect and 
                        aid navigation;
                            ``(iii) no outstanding responsibility or 
                        liability; and
                            ``(iv) transferred, or has an agreement to 
                        transfer, liability to a Federal or State 
                        agency.
            ``(2) Designation of reef planning areas.--The 
        Administrator of the National Oceanic and Atmospheric 
        Administration--
                    ``(A) may designate the immediate vicinity of an 
                idle structure that is reefed in place under paragraph 
                (1) as a reef planning area pursuant to the National 
                Artificial Reef Plan published under section 204; and
                    ``(B) upon the request of the head of a State 
                program to convert idle structures into artificial 
                reefs, may designate the immediate vicinity of an idle 
                structure that is reefed in place under such program as 
                a reef planning area pursuant to the National 
                Artificial Reef Plan published under section 204.
            ``(3) Failure to reef in place.--Notwithstanding section 
        5(k)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1334(k)(4)), if a lessee, right-of-way holder, or owner of an 
        idle structure does not reef in place the idle structure within 
        the time period described in paragraph (1) for the idle 
        structure, such lessee, right-of-way holder, or owner shall 
        resume decommissioning the idle structure pursuant to the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) through 
        means other than reefing in place.
    ``(b) State Programs.--
            ``(1) In general.--A State that has a program to convert 
        idle structures into artificial reefs may enter into an 
        agreement with any appropriate entity to assume responsibility 
        and liability for an idle structure located in waters covered 
        under this title in exchange for an amount of funds that--
                    ``(A) is determined by the State; and
                    ``(B) does not exceed 50 percent of the amount 
                required to remove the idle structure, as determined by 
                the appropriate entity and approved by the State, 
                unless the appropriate entity consents to a greater 
                amount.
            ``(2) Liability.--Upon acceptance by a State of an idle 
        structure into a State program described in paragraph (1)--
                    ``(A) the appropriate entity shall have no 
                responsibility or liability with respect to the idle 
                structure; and
                    ``(B) the State shall be--
                            ``(i) responsible for the continued 
                        maintenance of the idle structure, including 
                        maintaining any identifying markers installed 
                        to protect and aid navigation; and
                            ``(ii) exclusively responsible and liable 
                        for the idle structure.
            ``(3) Use of state funds.--Funds received by a State under 
        paragraph (1) may be used by the State for costs associated 
        with--
                    ``(A) respect to the idle structure--
                            ``(i) liability coverage;
                            ``(ii) maintenance and upkeep; and
                            ``(iii) the installation and operation of 
                        passive technologies on the idle structure to 
                        monitor the health and size of the corals and 
                        fish stocks that use the idle structure as a 
                        habitat;
                    ``(B) coastal restoration projects; and
                    ``(C) coastal enhancement projects.
    ``(c) Assessment.--
            ``(1) In general.--The Administrator of the National 
        Oceanic and Atmospheric Administration shall conduct an 
        assessment of each idle structure, which shall, with respect to 
        each idle structure--
                    ``(A) include an assessment of--
                            ``(i) the localized corals and fish species 
                        that use the idle structure as a habitat; and
                            ``(ii) the economic impacts of reefing in 
                        place, including a comparison of the benefits 
                        afforded by reef-associated species if the idle 
                        structure is reefed in place with the costs of 
                        lost fishing opportunity if the idle structure 
                        is removed; and
                    ``(B) determine whether there is an established 
                reef ecosystem on, under, or in the immediate vicinity 
                of the idle structure.
            ``(2) Determination conducted by other party.--
                    ``(A) In general.--Upon the request of a lessee, 
                right-of-way holder, or owner of an idle structure, the 
                Administrator of the National Oceanic and Atmospheric 
                Administration shall enter into an agreement with such 
                lessee, right-of-way holder, or owner under which, 
                subject to the approval of the Administrator under 
                subparagraph (B), such lessee, right-of-way holder, or 
                owner--
                            ``(i) makes, or enters into an agreement 
                        with another party (including a State) for that 
                        party to make, the determination described in 
                        paragraph (1)(B) for the idle structure; and
                            ``(ii) submits such determination to the 
                        Administrator.
                    ``(B) Review of determination.--Not later than 90 
                days after receipt of a determination under 
                subparagraph (A)(ii), the Administrator of the National 
                Oceanic and Atmospheric Administration shall review 
                and--
                            ``(i) approve the determination; or
                            ``(ii) reject the determination and provide 
                        the party that submitted the determination with 
                        a description of the changes, including 
                        specific action items, to the rejected 
                        determination that are necessary for the 
                        Administrator to approve the rejected 
                        determination.
                    ``(C) Default treatment.--If the Administrator of 
                the National Oceanic and Atmospheric Administration 
                does not approve or reject a determination received 
                under subparagraph (A)(ii) within the period described 
                in subparagraph (B), such determination shall be 
                treated as if it was approved by the Administrator 
                under subparagraph (B)(i).
            ``(3) Offshore infrastructure dashboard information.--Upon 
        the request of the Administrator of the National Oceanic and 
        Atmospheric Administration or a lessee, right-of-way holder, or 
        owner of an idle structure, the Secretary of the Interior shall 
        submit to the requesting party information from the Offshore 
        Infrastructure Dashboard established under section 2(c) of the 
        Marine Fisheries Habitat Protection Act that is relevant to the 
        completion of an assessment or determination for an idle 
        structure under paragraph (1) or (2), respectively.
            ``(4) Report.--Not later than 1 year after the date of the 
        enactment of this subsection, and annually thereafter, the 
        Administrator of the National Oceanic and Atmospheric 
        Administration shall submit to the Secretary of the Interior a 
        report regarding each assessment conducted and determination 
        approved under paragraphs (1) and (2), respectively, which 
        shall include an identification of and map each idle structure 
        that supports an established reef ecosystem, as determined 
        under paragraph (1)(B) or subparagraph (B) or (C) of paragraph 
        (2).''.
    (b) Outer Continental Shelf Lands Act.--Section 5 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1334) is amended by adding at 
the end the following:
    ``(k) Artificial Reefs.--
            ``(1) Definitions.--In this subsection:
                    ``(A) 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 
                Administration.
                    ``(B) Decommissioning.--The term `decommissioning' 
                means ending oil, gas, or sulphur operations on an 
                offshore lease, right-of-way, or right-of-use and 
                easement and returning the area subject to such lease, 
                right-of-way, or right-of-use and easement to a 
                condition that complies with applicable law, including 
                by removing caissons and idle structures.
                    ``(C) Established reef ecosystem.--The term 
                `established reef ecosystem' means an area with 
                identified reef-associated species, including species 
                of corals, crustaceans, or fish that are managed 
                under--
                            ``(i) a fishery management plan of the 
                        National Oceanic and Atmospheric 
                        Administration; or
                            ``(ii) a State management plan for reef-
                        associated species.
                    ``(D) Idle structure.--The term `idle structure' 
                means--
                            ``(i) an oil or gas pipeline, and 
                        associated equipment and infrastructure, that 
                        the Secretary of the Interior has determined is 
                        no longer useful for operations; and
                            ``(ii) an offshore oil and gas platform or 
                        similar structure, and associated equipment and 
                        infrastructure, that is no longer useful for 
                        operations, as determined by the Secretary of 
                        the Interior.
                    ``(E) Partial removal.--The term `partial removal' 
                means--
                            ``(i) the severance of the top portion of a 
                        structure at a level appropriate to maintain 
                        navigational safety, as determined by the 
                        Secretary of the Interior in consultation with 
                        the Commandant of the Coast Guard; and
                            ``(ii) optionally, the placement of the 
                        severed portion of the structure on the sea 
                        floor adjacent to the base of the nonsevered 
                        portion of the structure.
                    ``(F) Program.--The term `Program' means the 
                artificial reef program authorized under the National 
                Fishing Enhancement Act of 1984 (33 U.S.C. 2101 et 
                seq.).
                    ``(G) Reef in place.--The term `reef in place' 
                means decommissioning through topple in place or 
                partial removal that--
                            ``(i) attempts to maximize habitat for 
                        benthic and pelagic species throughout the 
                        entirety of the water column; and
                            ``(ii) is appropriate to maintain 
                        navigational safety.
                    ``(H) Topple in place.--The term `topple in place' 
                means detaching a structure from the seabed and 
                toppling the structure onto its side on the seabed in 
                the same area where the structure was originally 
                attached.
            ``(2) Prohibition on removal.--
                    ``(A) In general.--The Secretary of the Interior 
                may not require a lessee, right-of-way holder, or owner 
                of an idle structure to remove the idle structure until 
                the date on which the Administrator submits a report 
                under section 207(c)(4) of the National Fishing 
                Enhancement Act of 1984 with respect to such idle 
                structure.
                    ``(B) Exception.--Subparagraph (A) does not apply 
                with respect to an idle structure that the Secretary of 
                the Interior determines poses a substantial threat to--
                            ``(i) navigational safety; or
                            ``(ii) the marine environment.
            ``(3) Suspension of removal.--If, during or as the result 
        of an assessment conducted or determination approved under 
        paragraph (1) or (2) of section 207(c) of the National Fishing 
        Enhancement Act of 1984, respectively, the Administrator 
        determines that there is an established reef ecosystem on, 
        under, or in the immediate vicinity of an idle structure, the 
        removal of the idle structure shall be suspended until the date 
        on which the Secretary of the Interior, in consultation with 
        the Administrator, determines whether--
                    ``(A) the continued presence of the idle structure 
                would benefit the marine environment on, under, or in 
                the immediate vicinity of the idle structure as a 
                habitat for fish, mollusks, or corals or other marine 
                life;
                    ``(B) the removal of the idle structure would 
                harm--
                            ``(i) the established reef ecosystem; or
                            ``(ii) be otherwise detrimental to the 
                        biodiversity of the marine environment on, 
                        under, or in the immediate vicinity of the idle 
                        structure;
                    ``(C) each oil and gas well associated with the 
                idle structure has been temporarily abandoned through 
                zonal isolation, permanently plugged and abandoned, or 
                otherwise secured and each involved pipeline has been 
                flushed of all hydrocarbons and filled with seawater; 
                and
                    ``(D) the idle structure poses no risk to the 
                marine environment on, under, or in the immediate 
                vicinity of the idle structure.
            ``(4) Exemption from removal.--If the Secretary of the 
        Interior, in consultation with the Administrator, makes an 
        affirmative determination under paragraph (3), the Secretary of 
        the Interior may not require a lessee, right-of-way holder, or 
        owner of an idle structure to remove the idle structure 
        associated with such determination if the lessee, right-of-way 
        holder, or owner--
                    ``(A) files a notice of intent with the Bureau of 
                Safety and Environmental Enforcement and the United 
                States Army Corps of Engineers in which the lessee, 
                right-of-way holder, or owner commits to entering the 
                idle structure in the Program;
                    ``(B) initiates discussions with a wildlife and 
                fisheries agency or other regulatory authority of the 
                State of which the extended seaward boundary through 
                the exclusive economic zone includes the idle structure 
                regarding potential sites for the artificial reef, 
                pursuant to the notice of intent filed by the lessee, 
                right-of-way holder, or owner under subparagraph (A);
                    ``(C) not later than 2 years after the date the 
                lessee, right-of-way holder, or owner files a notice of 
                intent under subparagraph (A)--
                            ``(i) permanently plugs, abandons, secures, 
                        and seals each well associated with the idle 
                        structure; and
                            ``(ii) flushes each involved pipeline of 
                        all hydrocarbons and fills each such pipeline 
                        with seawater; and
                    ``(D) agrees to accept all liability with respect 
                to the idle structure until--
                            ``(i) the idle structure is reefed in place 
                        under section 207(a) of the National Fishing 
                        Enhancement Act of 1984; and
                            ``(ii) the lessee, right-of-way holder, or 
                        owner has transferred liability for the idle 
                        structure to a Federal or State agency.''.
    (c) Offshore Oil and Gas Platforms and Pipelines Database.--The 
Secretary of the Interior, acting through the Director of the Bureau of 
Safety and Environmental Enforcement, shall create and maintain an 
Offshore Infrastructure Dashboard for the Gulf of Mexico region that 
shall--
            (1) be updated not less frequently than every 6 months;
            (2) be made available to the public; and
            (3) contain information regarding the decommissioning of 
        oil and gas platforms and pipelines and the potential of such 
        oil and gas platforms and pipelines for reef in place (as 
        defined in section 5(k)(1) of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1334(k)(1)), as added by this section) 
        including--
                    (A) the number of oil and gas platforms in the Gulf 
                of Mexico region;
                    (B) the number and approximate location of each oil 
                and gas platform that--
                            (i) is eligible for decommissioning 
                        pursuant to the Outer Continental Shelf Lands 
                        Act (43 U.S.C. 1301 et seq.); and
                            (ii) has an approved decommissioning plan 
                        and a planned disposition pursuant to such Act, 
                        including--
                                    (I) if the oil and gas platform 
                                will be entered into the artificial 
                                reef program authorized under the 
                                National Fishing Enhancement Act of 
                                1984 (33 U.S.C. 2101 et seq.) (referred 
                                to in this section as the ``Program'');
                                    (II) if the oil and gas platform 
                                will not be entered into the Program, a 
                                reason for not doing so; and
                                    (III) each oil and gas platform 
                                granted an exemption from removal under 
                                section 5(k)(4) of the Outer 
                                Continental Shelf Lands Act (43 U.S.C. 
                                1334(k)(4)), as added by this section; 
                                and
                    (C) the length in miles and approximate location of 
                each--
                            (i) section of oil and gas pipeline that is 
                        eligible for decommissioning pursuant to the 
                        Outer Continental Shelf Lands Act (43 U.S.C. 
                        1301 et seq.); and
                            (ii) oil and gas pipeline with an approved 
                        decommissioning plan pursuant to such Act.
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