[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Pages S364-S365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3080. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. ARTIFICIAL REEF PROMOTION ACT OF 2016.
(a) Short Title.--This section may be cited as the
``Artificial Reef Promotion Act of 2016''.
(b) 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 2016, 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 2016, 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 2016 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
2016.
``(3) Distance between sites.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Artificial Reef Promotion Act of 2016,
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.--
[[Page S365]]
``(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 2016, 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 2016 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.''.
(c) 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.''.
(d) 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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