I 

108TH CONGRESS 

1ST SESSION H. R. 2654

To amend the Outer Continental Shelf Lands Act to direct the Secretary 

of the Interior to issue regulations under which the Secretary may 

authorize use of a decommissioned offshore oil and gas platform for 

culture of marine organisms, an artificial reef, or scientific research, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2003

Mr. VITTER introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committee on Resources, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend the Outer Continental Shelf Lands Act to direct 

the Secretary of the Interior to issue regulations under 

which the Secretary may authorize use of a decommissioned offshore oil and gas platform for culture of marine 

organisms, an artificial reef, or scientific research, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Rigs to Reefs Act of 

3 2003’’. 

4 SEC. 2. AUTHORITY TO USE DECOMMISSIONED OFFSHORE 

5 OIL AND GAS PLATFORMS FOR 

6 MARICULTURE, ARTIFICIAL REEF, OR SCI7 ENTIFIC RESEARCH. 

8 (a) IN GENERAL.—The Outer Continental Shelf 

9 Lands Act (43 U.S.C. 1301 et seq.) is amended by insert10 ing after section 9 the following: 

11 ‘‘SEC. 10. USE OF DECOMMISSIONED OFFSHORE OIL AND 

12 GAS PLATFORMS FOR MARICULTURE, ARTIFI13 CIAL REEF, OR SCIENTIFIC RESEARCH. 

14 ‘‘(a) IN GENERAL.—The Secretary shall issue regula15 tions under which the Secretary may authorize use of an 

16 offshore oil and gas platform that is decommissioned from 

17 service for oil and gas purposes for culture of marine orga18 nisms, an artificial reef, or scientific research. 

19 ‘‘(b) LIMITATION ON LIABILITY.—A person that used 

20 an offshore oil and gas platform for oil and gas purposes 

21 and that does not have any ownership or control of the 

22 platform shall not be liable under Federal law for any 

23 costs or damages arising from such platform after the date 

24 the platform is used for culture of marine organisms, an 

25 artificial reef, or scientific research under this section, un26 less such costs or damages arise from—
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1 ‘‘(1) use of the platform by the person for de2 velopment or production of oil or gas; or 

3 ‘‘(2) another act or omission of the person. 

4 ‘‘(c) OTHER LEASING AND USE NOT AFFECTED.—

5 This section, and the use of any offshore oil and gas plat6 form for culture of marine organisms, an artificial reef, 

7 or scientific research under this section, shall not affect—

8 ‘‘(1) the authority of the Secretary to lease any 

9 area under this Act; or 

10 ‘‘(2) any activity otherwise authorized by a 

11 lease under this Act.’’. 

12 (b) DEADLINE FOR REGULATIONS.—The Secretary 

13 of the Interior shall issue regulations under subsection (a) 

14 by not later than 180 days after the date of the enactment 

15 of this Act. 

16 (c) STUDY AND REPORT ON EFFECTS OF REMOVAL

17 OF PLATFORMS.—Not later than one year after the date 

18 of the enactment of this Act, the Secretary of Interior, 

19 in consultation with other Federal agencies as necessary, 

20 shall study and report to the Congress regarding how the 

21 removal of offshore oil and gas platforms from the outer 

22 Continental Shelf would affect existing fish stocks and 

23 coral populations. 
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1 SEC. 3. CREDIT FOR COSTS RELATING TO CONVERTING 

2 OFFSHORE OIL AND GAS PLATFORMS FOR 

3 USE IN CULTURING MARINE ORGANISMS. 

4 (a) IN GENERAL.—Subpart D of part IV of sub5 chapter A of chapter 1 of the Internal Revenue Code of 

6 1986 (relating to business-related credits) is amended by 

7 adding at the end the following new section: 

8 ‘‘SEC. 45G. CREDIT FOR COSTS RELATING TO CONVERTING 

9 OFFSHORE OIL AND GAS PLATFORMS FOR 

10 CULTURING MARINE ORGANISMS. 

11 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

12 the marine organisms culturing credit is an amount equal 

13 to 30 percent of the qualified marine organisms culturing 

14 expenditures of the taxpayer during the taxable year. 

15 ‘‘(b) QUALIFIED MARINE ORGANISMS CULTURING

16 EXPENDITURES.—For purposes of subsection (a), the 

17 term ‘qualified marine organisms culturing expenditures’ 

18 means, with respect to a platform owned by the tax19 payer— 

20 ‘‘(1) amounts paid or incurred for maintaining 

21 an offshore oil and gas platform from the time such 

22 platform is decommissioned from service for oil and 

23 gas purposes to the time it is converted for use in 

24 the culture of marine organisms, including costs of 

25 moving such platform to the reefing location, if ap26 plicable, 
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1 ‘‘(2) an amount equal to the excess (if any) 

2 of—

3 ‘‘(A) the costs of converting such platform 

4 for use in the culture of marine organisms, over 

5 ‘‘(B) the amount that could have been re6 ceived if such platform were sold as scrap on 

7 shore. 

8 ‘‘(c) ELECTION.—This section shall apply to any tax9 payer for any taxable year only if such taxpayer elects (at 

10 such time and in such manner as the Secretary may by 

11 regulations prescribe) to have this section apply for such 

12 taxable year.’’. 

13 (b) CONFORMING AMENDMENTS.—

14 (1) Subsection (b) of section 38 of such Code 

15 is amended by striking ‘‘plus’’ at the end of para16 graph (14), by striking the period at the end of 

17 paragraph (15) and inserting ‘‘, plus’’, and by add18 ing at the end the following new paragraph: 

19 ‘‘(16) the marine organisms culturing credit de20 termined under section 45G(a).’’. 

21 (2) NO CARRYBACK BEFORE EFFECTIVE

22 DATE.—Subsection (d) of section 39 of such Code 

23 (relating to carryback and carryforward of unused 

24 credits) is amended by adding at the end the fol25 lowing new paragraph: 
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1 ‘‘(11) NO CARRYBACK OF SECTION 45G CREDIT

2 BEFORE EFFECTIVE DATE.—No portion of the un3 used business credit for any taxable year which is 

4 attributable to the credit determined under section 

5 45G may be carried back to a taxable year ending 

6 before January 1, 2004.’’. 

7 (3) The table of sections for subpart D of part 

8 IV of subchapter A of chapter 1 of such Code is 

9 amended by adding at the end the following new 

10 item:

‘‘Sec. 45G. Credit for costs relating to converting offshore oil and 

gas platforms for culturing marine organisms.’’.

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to taxable years beginning after 

13 December 31, 2003.

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