No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5745 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5745
To promote fish habitat through the enhancement of certain offshore oil
and gas platforms and pipelines as artificial reefs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 14, 2025
Mr. Ezell (for himself, Mr. Carter of Louisiana, and Mr. Veasey)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To promote fish habitat through the enhancement of certain offshore oil
and gas platforms and pipelines 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) 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.
``(2) Artificial reef.--The term `Artificial reef' means a
structure or facility and associated equipment and
infrastructure which is located, constructed or placed in
Covered Waters that enhances fishery resources and commercial
and recreational fishing opportunities, including, without
limitation, Approved Structures.
``(3) Director.--The term `Director' means the Principal
Deputy Director Exercising the Delegated Authorities of the
Director of the Bureau of Safety and Environmental Enforcement.
``(4) Decommissioning.--For the purposes of this title, 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, without limitation,
Reefing in Place of Approved Structures, or removal of
platforms and structures, or a combination thereof.
``(5) Established reef ecosystem.--The term `established
reef ecosystem' means an area with identified reef-associated
species, including species of corals, crustaceans, fish, or
other marine life.
``(6) Approved structure.--The term `approved structure'
means an Eligible Structure which the Secretary of the Interior
has approved for Reefing in Place pursuant to Section
207(a)(5)(B).
``(7) Eligible structure.--The term `eligible structure'
refers to an Inactive Structure that is determined eligible for
Reefing in Place by the Director pursuant to Section 207(a)(3).
``(8) Inactive structure.--The term `inactive structure'
means an oil or gas platform, structure, facility, pipeline,
and associated equipment and infrastructure--
``(A) that either--
``(i) an Applicant determines is no longer
useful for operations;
``(ii) is located on a lease, right-of-way,
right-of-use and entry or other similar right
that has expired, terminated, been relinquished
or abandoned or is no longer valid and
effective; or
``(iii) is currently on the sea floor as a
result of an act of God or event of force
majeure.
``(9) Partial removal.--The term `Partial Removal' means--
``(A) the severance and removal of a portion of an
Inactive Structure at a level that maximizes the
vertical relief of the structure in the water column at
the minimum depth from the surface 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 Inactive Structure on the sea floor in
proximity to the base of the unsevered portion of the
structure or at an alternative reef planning area.
``(10) Reef in place.--The term `Reef in Place' or `Reefing
in Place' means Decommissioning of an Approved Structure, in
whole or in part, by abandoning in place, Toppling in Place, or
Partial Removal of the Approved Structure in a manner that--
``(A) attempts to maximize reef ecosystem for
benthic and pelagic species throughout the entirety of
the water column; and
``(B) is at the appropriate minimum depth from the
surface to maintain navigational safety as determined
by the Secretary of the Interior in consultation with
the Commandment of the Coast Guard.
``(11) Applicant.--The term `applicant' refers to a current
or former lessee, right-of-way holder, right-of-use holder or
operating rights owner that has assumed operational control or
regulatory responsibility over an Inactive Structure, or has
received an order from the Secretary of the Interior to perform
decommissioning on an Inactive Structure, or is otherwise
legally responsible for Decommissioning an Inactive Structure.
Parties that do not meet any of this criteria may apply to the
Director to be deemed an Applicant for the purposes of this
title, to the extent that multiple parties meeting the
definition of Applicant exist, the party designated to the
Department of the Interior as the single entity to serve as an
operator or agent for the decommissioning operations shall be
the Applicant for the purposes of this title.
``(12) 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.
``(13) Topple in place.--The term `Topple in Place' or
`Toppling in Place' means detaching an Approved Structure or a
portion of the Approved Structure from the seabed and toppling
the approved structure or a severed portion of the Approved
Structure onto its side on the seabed in the same area or
immediately adjacent to the area where the Approved Structure
was originally installed or abandoned.
``(14) Covered waters.--The term `Covered Waters' 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.
``(15) State program.--The term `State Program' means any
State Artificial Reef program authorized under section 207(c).
``(16) Reef planning area.--The term `Reef Planning Area'
means an area identified and designated as such by the Director
under section 207(a)(4).'';
(2) by amending section 207 to read as follows:
``SEC. 207. REEF IN PLACE.
``(a) Reef in Place.--An Applicant may elect to Reef in Place the
Inactive Structure in accordance with the following:
``(1) Notice of intent to reef.--To Reef in Place, an
Applicant may submit a Notice of Intent to Reef an Inactive
Structure at any time to the Director.
``(2) Assessment.--Within 180 days of submission of a
Notice of Intent to Reef under Section 207(a)(1), initiate the
following assessment.
``(A) In general.--The Director shall, in response
to an Applicant request, conduct or appoint a State or
qualified third-party to perform on its behalf, an
assessment of each Inactive Structure, which shall,
with respect to each Inactive Structure include an
assessment of--
``(i) in consultation with the
Administrator the localized corals, fish
species, and other marine life that use the
Inactive Structure as a habitat; and
``(ii) the economic benefits of Reefing in
Place, including a comparison of the cost to
replace the Inactive Structure with an
equivalent cubic volume, including interstitial
spaces, of appropriate artificial material if
the Inactive Structure is removed.
``(B) Assessment conducted by applicant.--The
Director may permit an Applicant to conduct an
assessment or enter into an agreement with a State or
qualified third-party to perform on its behalf, an
assessment report for each Inactive Structure to be
submitted to the Director, which shall, with respect to
each Inactive Structure satisfy the assessment criteria
set forth in subparagraph (2)(A).
``(C) To the extent practicable, the assessment
under this subparagraph (2) must be completed within
one year of receipt by the Director of the Notice of
Intent to Reef.
``(3) Eligibility determination.--Not later than 60 days
after completion of the assessment conducted under subparagraph
(2)(A), or receipt by the Director of the assessment report
conducted under subparagraph (2)(B), the Director, after
consultation with the Administrator, shall make a formal
determination that the Inactive Structure is an Eligible
Structure if--
``(A) there is an Established Reef Ecosystem on,
under, or in the immediate vicinity of the Inactive
Structure, or there is potential for a reef ecosystem
on, under, or in the immediate vicinity of the Inactive
Structure; and
``(B) Reefing in Place of the Inactive Structure is
appropriate based on criteria described in the National
Artificial Reef Plan (as amended) developed pursuant to
Section 204.
``(4) Designation of reef planning areas.--
``(A) Not later than 90 days after the Director
determines an Inactive Structure is an Eligible
Structure pursuant to paragraph (3), the Director, in
consultation with the associated State Reef Program,
shall designate the footprint of the Eligible Structure
or other proposed reefing location, along with any
surrounding area deemed necessary for Reefing in Place,
as a Reef Planning Area.
``(B) Designation as a Reef Planning Area under
subparagraph (4)(A) shall be made by the Director prior
to any Reef in Place activity.
``(C) Nothing in this paragraph shall be construed
to require the redesignation of, or otherwise affect,
any area already serving as a reef permitted area or
existing Artificial Reef site.
``(5) Approval.--Not later than three years after the date
on which the Director determines an Inactive Structure is an
Eligible Structure, the Applicant may Reef in Place if--
``(A) with respect to the Eligible Structure--
``(i) all associated wells have been
permanently plugged and abandoned pursuant to
applicable law, including any departures
approved by the Bureau of Safety and
Environmental Enforcement;
``(ii) hydrocarbons and other hazardous
liquids have been removed in accordance with
applicable laws and regulations;
``(iii) if required by law or regulation,
the Applicant installs identifying markers to
protect and aid navigation;
``(iv) the Applicant confirmed there is no
outstanding responsibility or liability related
to the Eligible Structure other than
Decommissioning and related maintenance
monitoring; and
``(v) the Applicant has transferred, or has
an agreement to transfer, liability to a State
agency upon completion of the reefing activity.
``(B) And, the Secretary of the Interior determines
the criteria in subparagraph 5(A) have been met and the
Eligible Structure is reasonably sound and secure, upon
which the Eligible Structure is deemed an Approved
Structure.
``(6) Annual report.--Not later than one year after the
date of the enactment of this subsection, and annually
thereafter, the Director shall submit to the Secretary of the
Interior, the Administrator, the Committee on Natural Resources
of the House of Representatives and the Committee on Natural
Resources of the Senate a report summarizing all actions taken
in relation to an Inactive Structure under this Section 207
that occurred in the preceding twelve (12) months, including,
without limitation, each Notice of Intent to Reef, assessment,
Eligible Structure determination, Reef Planning Area
designation, Approved Structure determination, and appeal
submitted or conducted pursuant to this Section 207, which
shall include a comprehensive map.
``(7) Withdrawal.--Any Applicant may determine that it will
not complete Reefing in Place at any time, regardless of
whether or not it has, or prior Applicants have, completed any
of the processes described in this Section 207. Any Applicant
shall be entitled to terminate the processes commenced in this
Section 207 upon written notice to the Director and remove or
otherwise Decommission the Inactive Structure in accordance
with applicable law.
``(8) Other reefing or decommissioning mechanisms
preserved.--Nothing in this Act shall eliminate, modify or
otherwise limit the ability of any party from pursuing the
reefing of any Inactive Structure under any other program
authorized by the National Fishing Enhancement Act or pursuing
any other method of Decommissioning.
``(b) Appeals.--Any Applicant aggrieved by a decision made under
paragraph (a) may submit a written appeal within 60 days of the
decision to the Director describing why the decision should be
reconsidered. The Director shall respond with an appeal determination
no later than 60 days after receipt of the appeal. Any determination
made by the Director under this paragraph (b) is a final agency action
subject to judicial review.
``(c) State Programs.--
``(1) In general.--A State that has a program to convert
inactive structures into artificial reefs may enter into an
agreement with any applicant to assume responsibility and
liability no later than one year after a reef planning area is
designated for an Eligible Structure in Covered Waters in
exchange for an amount of funds that--
``(A) is determined by the State; and
``(B) does not exceed 50 percent of the cost
savings gained by the Applicant due to reefing as
determined by the Applicant and approved by the State,
unless the Applicant consents to a greater amount.
``(2) Liability.--Upon acceptance by a State of an Eligible
structure into a State Program described in subparagraph (1)--
``(A) the Applicant shall have no responsibility or
liability with respect to the Approved Structure
following completion of the reefing activity unless
otherwise agreed to by the Applicant and a State; and
``(B) the State shall be--
``(i) solely responsible for the continued
maintenance of the Approved structure,
including maintaining any identifying markers
installed to protect and aid navigation; and
``(ii) exclusively responsible and liable
for the Approved structure.
``(d) 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:
``(e) Artificial Reefs.--
``(1) Definitions.--In this subsection:
``(A) For the purposes of this section, the terms
`Administrator', `Applicant', `Approved Structure',
`Artificial Reef', `Decommissioning', `Director',
`Eligible Structure', `Established Reef Ecosystem',
`Inactive Structure', `Partial Removal', `Reef in
Place', `Reef Planning Area', `State Program', `State',
and `Topple in Place' shall have the same meaning as
set forth in section 206 of the National Fishing
Enhancement Act of 1984 (as amended), 33 U.S.C. 2101 et
seq.
``(B) Removal order.--The term `removal order'
means any order, notice, or request to fully or
partially remove an Inactive Structure sent by any
Federal agent, including, without limitation any order
to perform decommissioning.
``(2) Prohibition on removal orders.--
``(A) In general.--The Secretary of the Interior
may not issue or enforce a Removal Order for an
Inactive Structure during any of the following
periods--
``(i) Initial notice period.--From the date
an Applicant submits its first Notice of Intent
to Reef pursuant to Section 207(a)(1) of the
National Fishing Enhancement Act of 1984 (as
amended), 33 U.S.C. 2101 et seq. for a given
Inactive Structure and for a period of one year
thereafter.
``(ii) Assessment period.--From the date an
assessment required under Section 207(a)(2) of
the National Fishing Enhancement Act of 1984
(as amended), 33 U.S.C. 2101 et seq. is
initiated, but not later than 18 months after
the Notice of Intent to Reef is submitted.
``(iii) Pending determination.--After
submission of an assessment to the Director
pursuant to Section 207(a)(2) of the National
Fishing Enhancement Act of 1984 (as amended),
33 U.S.C. 2101 et seq., and before the Director
has made an Eligible Structure determination
under Section 207(a)(3) of the National Fishing
Enhancement Act of 1984 (as amended), 33 U.S.C.
2101 et seq.
``(iv) Eligible determination.--After a
determination that the structure is an Eligible
Structure under Section 207(a)(3) of the
National Fishing Enhancement Act of 1984 (as
amended), 33 U.S.C. 2101 et seq., and for a
period not to exceed three years following such
determination.
``(B) Appeal period.--After the date an appeal has
been filed under Section 207(b) of the National Fishing
Enhancement Act of 1984 (as amended), 33 U.S.C. 2101 et
seq., and for 150 days thereafter.
``(C) Exception.--Subparagraph (A) does not apply
with respect to an inactive structure that the
Secretary of the Interior determines poses a
substantial and imminent threat to--
``(i) navigational safety; or
``(ii) the marine environment.
``(f) Existing Regulations.--Nothing in this Act shall be construed
to modify or supersede existing regulatory procedures for pipeline
abandonment or decommissioning under the applicable provisions of the
Code of Federal Regulations. Pipeline abandonment in place shall
continue to follow established regulatory processes and shall not
require additional permitting unless the pipeline is specifically
designated for conversion to an Artificial Reef.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Subcommittee Hearings Held
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