Rigs to Reefs Habitat Protection Act - Directs the Secretary of the Interior to assess each offshore oil and gas platform in the Gulf of Mexico that is no longer useful for operations, and has become critical for a marine fisheries habitat, to: (1) determine whether there are coral populations or other protected species in the platform's vicinity, and (2) identify any species in the vicinity that have recreational or commercial value.
Prohibits the removal of any such platforms until the Secretary has completed each assessment.
Requires suspension of the decommissioning of a platform if a substantial reef ecosystem is in the vicinity until the Secretary determines that decommissioning would not harm the ecosystem.
Exempts from certain platform removal deadlines any lessees who: (1) commit to entering a particular platform in the artificial reef program under the National Fishing Enhancement Act of 1984, and (2) initiate discussions with applicable states regarding potential artificial reef sites.
Allows a lessee to provide for reefing in place under the artificial reef program.
Permits states with a state rig-to-reef program to enter agreements with any appropriate entities to assume liability in federal water for a structure covered by the state program.
Establishes a Reef Maintenance Fund. Requires the owner of a rig enrolled in the artificial reef program to: (1) maintain a rig anode system, and (2) pay into the Fund 50% of the estimated platform removal costs for which the owner would have been responsible if it had not participated in the program.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3429 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3429
To authorize the use of certain offshore oil and gas platforms in the
Gulf of Mexico for artificial reefs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 15, 2011
Mr. Palazzo (for himself and Mr. Scalise) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the use of certain offshore oil and gas platforms in the
Gulf of Mexico for 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 ``Rigs to Reefs Habitat Protection
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Decommissioning.--The term ``decommissioning'' includes
the flushing, plugging, and cementing of a platform.
(2) Fund.--The term ``Fund'' means the Reef Maintenance
Fund established by section 3(h)(1).
(3) Notice.--The term ``Notice'' means the notice to
lessees numbered 2010-G05, entitled ``Notice to Lessees and
Operators of Federal Oil and Gas Leases and Pipeline Right-of-
Way Holders in the Outer Continental Shelf, Gulf of Mexico OCS
Region'', and issued September 15, 2010.
(4) Platform.--The term ``platform'' means an offshore oil
and gas platform in the Gulf of Mexico that, as determined by
the Secretary--
(A) is no longer useful for operations, as defined
in the Notice; and
(B) has become critical for marine fisheries
habitat.
(5) 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.).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. USE OF CERTAIN OFFSHORE OIL AND GAS PLATFORMS FOR ARTIFICIAL
REEFS.
(a) Assessment.--As soon as practicable after the date of enactment
of this Act, the Secretary shall conduct an assessment of each of the
platforms--
(1) to determine whether there are coral populations or
other protected species in the vicinity of the platform; and
(2) to identify any species in the vicinity of the platform
that have recreational or commercial value.
(b) Prohibition of Removal.--
(1) In general.--Notwithstanding the Notice, no platforms
shall be removed in accordance with the Notice until the date
on which the Secretary has completed assessments of each of the
platforms under subsection (a).
(2) Suspension of decommissioning.--If, during an
assessment conducted under subsection (a), the Secretary
determines that there is a substantial reef ecosystem in the
vicinity of the platform, the decommissioning of the platform
under the Notice shall be placed on hold until such time as the
Secretary determines that decommissioning the platform would
not harm the reef ecosystem.
(c) Exemption From Certain Requirements.--The requirement in the
Notice that a lessee remove a platform as soon as possible, but not
later than 5 years after the effective date of the Notice or within 5
years of the platform, meeting the definition of no longer useful for
operations, whichever is later, shall not apply to a lessee that--
(1) commits to entering the platform in the Program; and
(2) demonstrates the commitment described in paragraph (1)
by initiating discussions with applicable States regarding
potential sites for the artificial reef.
(d) Reefing in Place.--A lessee may, as appropriate, provide for
reefing in place under the Program.
(e) State Programs.--
(1) In general.--A State that has a State rig-to-reef
program may enter into an agreement with any appropriate
entities to assume liability in Federal water for a structure
covered by the State program.
(2) Maintenance.--Notwithstanding an agreement entered into
under paragraph (1), the operator of the covered structure
shall remain responsible for maintaining the covered structure.
(f) Removal of Top Decks.--Under the Program, top decks of a rig
may be removed, down to water surface level, if appropriate identifying
markers are used to protect navigation.
(g) Maintenance and Financial Requirements.--As a condition of
inclusion in the Program, the owner of a rig enrolled in the Program
shall be required to--
(1) maintain an anode system for the rig; and
(2) pay into the Fund an amount equal to 50 percent of the
estimated costs associated with the removal of the platform
that the owner would have been responsible for if the owner had
not participated in the Program, as determined by the
Secretary.
(h) Reef Maintenance Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Reef Maintenance
Fund'', to be administered by the Secretary, to be available
without fiscal year limitation and not subject to
appropriation, for the maintenance of artificial reefs
established under the Program.
(2) Transfers to fund.--The Fund shall consist of such
amounts deposited in the Fund under subsection (g)(2).
(3) Prohibition.--Amounts in the Fund may not be made
available for any purpose other than a purpose described in
paragraph (1).
(4) Annual reports.--
(A) In general.--Not later than 60 days after the
end of each fiscal year beginning with fiscal year
2012, the Secretary shall submit to the Committee on
Appropriations of the House of Representatives, the
Committee on Appropriations of the Senate, the
Committee on Energy and Natural Resources of the
Senate, and the Committee on Natural Resources of the
House of Representatives a report on the operation of
the Fund during the fiscal year.
(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
(i) A statement of the amounts deposited
into the Fund.
(ii) A description of the expenditures made
from the Fund for the fiscal year, including
the purpose of the expenditures.
(iii) Recommendations for additional
authorities to fulfill the purpose of the Fund.
(iv) A statement of the balance remaining
in the Fund at the end of the fiscal year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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