No official summary available for this bill.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Wildlife, and Fisheries.
Referred to the Subcommittee on Energy and Mineral Resources.
Subcommittee Hearings Held
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