II 

113TH CONGRESS 

1ST SESSION S. 1079 

To require the Director of the Bureau of Safety and Environmental 

Enforcement to promote the artificial reefs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2013 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Director of the Bureau of Safety and Environmental Enforcement to promote the artificial reefs, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Artificial Reef Pro5 motion Act of 2013’’. 

6 SEC. 2. PERMITS FOR CONSTRUCTION AND MANAGEMENT 

7 OF ARTIFICIAL REEFS. 

8 Section 205 of the National Fishing Enhancement 

9 Act of 1984 (33 U.S.C. 2104) is amended— 


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1 (1) by redesignating subsections (b) through (e) 

2 as subsections (d) through (g), respectively; and 

3 (2) by striking subsection (a) and inserting the 

4 following: 

5 ‘‘(a) ACTION ON PERMITS.— 

6 ‘‘(1) IN GENERAL.—In issuing a permit for an 

7 artificial reef under section 10 of the Act entitled 

8 ‘An Act making appropriations for the construction, 

9 repair, and preservation of certain public works on 

10 rivers and harbors, and for other purposes’, ap11 proved March 3, 1899 (commonly known as the 

12 ‘Rivers and Harbors Appropriation Act of 1899’) 

13 (33 U.S.C. 403), section 404 of the Federal Water 

14 Pollution Control Act (33 U.S.C. 1344), or section 

15 4(e) of the Outer Continental Shelf Lands Act (43 

16 U.S.C. 1333(e)), the Secretary shall— 

17 ‘‘(A) consult with and consider the views of 

18 appropriate Federal agencies, States, local gov19 ernments, and other interested parties; 

20 ‘‘(B) ensure that the provisions for siting, 

21 constructing, monitoring, and managing the ar22 tificial reef are consistent with the criteria and 

23 standards established under this Act; 

24 ‘‘(C) ensure that the title to the artificial 

25 reef construction material is unambiguous, and 


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1 that responsibility for maintenance and the fi2 nancial ability to assume liability for future 

3 damages are clearly established; 

4 ‘‘(D) ensure that a State assuming liability 

5 under subparagraph (C) has established an ar6 tificial reef maintenance fund; and 

7 ‘‘(E) consider the plan developed under 

8 section 204 and notify the Secretary of Com9 merce of any need to deviate from that plan. 

10 ‘‘(2) REGULATIONS.— 

11 ‘‘(A) IN GENERAL.—Not later than 180 

12 days after the date of enactment of this para13 graph, the Directors shall promulgate regula14 tions that expedite the review of a final applica15 tion such that a decision is rendered not later 

16 than 150 days after the date on which the ap17 plication is submitted. 

18 ‘‘(B) REGULATIONS PROMULGATED BY

19 THE COMMANDING GENERAL.—Not later than 

20 180 days after the date of enactment of the Ar21 tificial Reef Promotion Act of 2013, the Com22 manding General shall promulgate regulations 

23 that expedite the review of a final application 

24 by the Secretary such that a decision is renVerDate Mar 15 2010 00:45 May 30, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1079.IS S1079

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1 dered not later than 120 days after the date on 

2 which the application is submitted. 

3 ‘‘(b) SITING.— 

4 ‘‘(1) NUMBER.— 

5 ‘‘(A) IN GENERAL.—Not later than 1 year 

6 after the date of enactment of the Artificial 

7 Reef Promotion Act of 2013, the Commanding 

8 General shall, in consultation with the Directors 

9 and appropriate State agencies, designate not 

10 fewer than 20 artificial reef planning areas. 

11 ‘‘(B) GULF STATES.—Of the artificial reef 

12 planning areas described in subparagraph (A)— 

13 ‘‘(i) 6 shall be located outside the sea14 ward boundary of the State of Texas; 

15 ‘‘(ii) 6 shall be located outside the 

16 seaward boundary of the State of Lou17 isiana; 

18 ‘‘(iii) 3 shall be located outside the 

19 seaward boundaries of the State of Ala20 bama and State of Mississippi; and 

21 ‘‘(iv) 5 shall be located outside the 

22 seaward boundary of the State of Florida. 

23 ‘‘(C) INCLUSIONS.—The sites described in 

24 subparagraph (A) include any artificial reef 

25 planning area existing on the day before the 


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1 date of enactment of the Artificial Reef Pro2 motion Act of 2013 if the boundaries and area 

3 of the site are modified to meet the require4 ments of this Act. 

5 ‘‘(2) BOUNDARIES AND PROXIMITY TO SHORE6 LINE.— 

7 ‘‘(A) IN GENERAL.—The Directors shall, 

8 in consultation with the Commanding General 

9 and appropriate State agencies— 

10 ‘‘(i) ensure that each artificial reef 

11 planning area described in paragraph 

12 (1)(A)— 

13 ‘‘(I) is sited a reasonable prox14 imity to the shoreline, as determined 

15 by the Directors; and 

16 ‘‘(II) includes as many platforms 

17 as practical, as determined by the Di18 rectors; and 

19 ‘‘(ii) determine the appropriate size 

20 and boundaries for each site. 

21 ‘‘(B) MINIMUM AREA.— 

22 ‘‘(i) IN GENERAL.—Each artificial 

23 reef planning area described in paragraph 

24 (1)(A) shall be not smaller than 12 contig25 uous lease blocks. 


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1 ‘‘(ii) APPLICATION.—Clause (i) shall 

2 apply to any artificial reef planning area 

3 existing before, on, or after the date of en4 actment of the Artificial Reef Promotion 

5 Act of 2013. 

6 ‘‘(3) DISTANCE BETWEEN SITES.— 

7 ‘‘(A) IN GENERAL.—Not later than 180 

8 days after the date of enactment of the Artifi9 cial Reef Promotion Act of 2013, the Director 

10 of the Bureau of Safety and Environmental En11 forcement shall promulgate a regulation that 

12 regulates the distance between platforms used 

13 as artificial reefs. 

14 ‘‘(B) MAXIMUM.—The distance contained 

15 in the regulation described in subparagraph (A) 

16 shall be not greater than 2 miles. 

17 ‘‘(4) DEPTH.— 

18 ‘‘(A) IN GENERAL.—Of the artificial reef 

19 planning areas described in paragraph (1)(A)— 

20 ‘‘(i) not fewer than 10 shall be located 

21 at a water depth of— 

22 ‘‘(I) not less than 100 feet; and 

23 ‘‘(II) not greater than 200 feet; 

24 and 


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1 ‘‘(ii) not fewer than 10 shall be lo2 cated at a water depth of greater than 200 

3 feet. 

4 ‘‘(B) SITES IN WATER DEPTH OF NOT

5 GREATER THAN 100 FEET.—The Commanding 

6 General shall, in consultation with the Directors 

7 and appropriate State agencies, designate artifi8 cial reef planning areas, where practicable, at a 

9 water depth of not greater than 100 feet. 

10 ‘‘(5) REQUIREMENTS FOR PERMITTEES.— 

11 ‘‘(A) IN GENERAL.—A person to whom a 

12 permit is issued under subsection (a)(1) shall— 

13 ‘‘(i) construct the artificial reef in an 

14 artificial reef site located in an artificial 

15 reef planning area described in paragraph 

16 (1)(A); 

17 ‘‘(ii) comply with— 

18 ‘‘(I) any regulation promulgated 

19 by the Director of the Bureau of Safe20 ty and Environmental Enforcement 

21 relating to reef planning; 

22 ‘‘(II) the plan developed under 

23 section 204; and 

24 ‘‘(III) any applicable plan devel25 oped by a State; and 


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1 ‘‘(iii) if the person owns platforms, 

2 not later than 180 days after the date on 

3 which the Commanding General designates 

4 the artificial reef planning areas under 

5 paragraph (1), submit to the Director of 

6 the Bureau of Safety and Environmental 

7 Enforcement and appropriate State agen8 cies notice that identifies 20 percent of the 

9 platforms to be used as artificial reefs. 

10 ‘‘(B) DONATED PLATFORMS.— 

11 ‘‘(i) IN GENERAL.—A person de12 scribed in subparagraph (A)(iii) shall in13 clude in a final application the artificial 

14 reef planning area and the artificial reef 

15 site in which the platforms described in 

16 subparagraph (A)(iii) will be located. 

17 ‘‘(ii) DEPTH.—The area and site de18 scribed in clause (i) shall be consistent 

19 with the depth requirements in paragraph 

20 (4). 

21 ‘‘(iii) AREA OR SITE FILLED TO CA22 PACITY.—If the Director of the Bureau of 

23 Safety and Environmental Enforcement or 

24 appropriate State agency determines that 

25 the area or site chosen by the person under 


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1 clause (i) is filled to capacity, the person 

2 shall choose a different area or site. 

3 ‘‘(6) REGULATIONS.— 

4 ‘‘(A) CAPACITY OF REEF SITES.—No regu5 lation shall require that an artificial reef plan6 ning area described in paragraph (1)(A) be 

7 filled to capacity with platforms before another 

8 artificial reef planning area is established. 

9 ‘‘(B) MINIMUM WATER DEPTH.— 

10 ‘‘(i) IN GENERAL.—The Secretary 

11 shall, in consultation with the Secretary of 

12 the department in which the Coast Guard 

13 is operating, promulgate regulations for 

14 the minimum water depth required to 

15 cover an artificial reef. 

16 ‘‘(ii) DEPTH NOT GREATER THAN 85

17 FEET.—If the minimum water depth de18 scribed in clause (i) is not greater than 85 

19 feet, the Secretary of the department in 

20 which the Coast Guard is operating shall— 

21 ‘‘(I) evaluate each artificial reef 

22 site to ensure that the site is properly 

23 marked to reduce any navigational 

24 hazard; 


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1 ‘‘(II) not later than 30 days on 

2 which a final application is submitted, 

3 review the application to ensure that 

4 the artificial reef site will contain the 

5 markings described in subclause (I); 

6 ‘‘(III) indicate on appropriate 

7 nautical charts the location of each 

8 artificial reef planning area and artifi9 cial reef site; and 

10 ‘‘(IV) provide mariners with no11 tice of the location of each artificial 

12 reef site in a manner that the Sec13 retary of the department in which the 

14 Coast Guard is operating determines 

15 is appropriate. 

16 ‘‘(7) REVIEW.—Not later than 3 years after the 

17 date of enactment of the Artificial Reef Promotion 

18 Act of 2013, the Director of the Bureau of Safety 

19 and Environmental Enforcement, shall review the 

20 artificial reef planning areas described in paragraph 

21 (1)(A) to determine the effectiveness of using de22 commissioned platforms as artificial reefs. 

23 ‘‘(c) PREFERENCE GIVEN TO APPLICATIONS SEEK24 ING TO USE DECOMMISSIONED PLATFORMS AS ARTIFIVerDate Mar 15 2010 02:02 May 30, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1079.IS S1079

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1 CIAL REEFS.—The Regional Supervisor shall give pref2 erence to a final application. 

3 ‘‘(d) REGULATIONS GOVERNING DECOMMISSIONED

4 PLATFORMS.—Any regulation in effect on the date of en5 actment of the Artificial Reef Promotion Act of 2013 that 

6 governs the decommissioning or removal of a platform 

7 that is not being decommissioned for use as an artificial 

8 reef shall continue to govern the decommissioning or re9 moval of the platform.’’. 

10 SEC. 3. DEFINITIONS. 

11 Section 206 of the National Fishing Enhancement 

12 Act of 1984 (33 U.S.C. 2105) is amended— 

13 (1) by redesignating paragraphs (2) and (3) as 

14 paragraphs (11) and (12), respectively; and 

15 (2) by inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) ARTIFICIAL REEF.—The term ‘artificial 

18 reef’ means a structure that is constructed or placed 

19 in the Gulf of Mexico for the purpose of enhancing 

20 fishery resources and commercial and recreational 

21 fishing opportunities. 

22 ‘‘(3) ARTIFICIAL REEF PLANNING AREA.—The 

23 term ‘artificial reef planning area’ means a des24 ignated area within which artificial reef sites may be 

25 located when— 


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1 ‘‘(A) a person obtains all appropriate per2 mits; and 

3 ‘‘(B) each platform located in the artificial 

4 reef site is appropriately prepared. 

5 ‘‘(4) ARTIFICIAL REEF SITE.—The term ‘artifi6 cial reef site’ means an area within an artificial reef 

7 planning area that has been cleared to have decom8 missioned platforms placed in the boundaries of the 

9 artificial reef planning area to be used as an artifi10 cial reef. 

11 ‘‘(5) COMMANDING GENERAL.—The term ‘Com12 manding General’ means the Commanding General 

13 of the Corps of Engineers. 

14 ‘‘(6) DECOMMISSIONING.—The term ‘decommis15 sion’ includes removing and moving a platform to an 

16 artificial reef site. 

17 ‘‘(7) DIRECTORS.—The term ‘Directors’ 

18 means— 

19 ‘‘(A) the Director of the Bureau of Safety 

20 and Environmental Enforcement; and 

21 ‘‘(B) the Director of the Bureau of Ocean 

22 Energy Management. 

23 ‘‘(8) FINAL APPLICATION.—The term ‘final ap24 plication’ means a final application submitted to dis25 pose of or remove a platform for use as an artificial 


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1 reef under section 250.1727(g) of title 30, Code of 

2 Federal Regulations (or successor regulations). 

3 ‘‘(9) PLATFORM.—The term ‘platform’ means 

4 an offshore oil and gas platform in the Gulf of Mex5 ico. 

6 ‘‘(10) SECRETARY.—The term ‘Secretary’ 

7 means the Secretary of the Interior.’’. 

8 SEC. 4. SAVINGS CLAUSES. 

9 Section 208 of the National Fishing Enhancement 

10 Act of 1984 (33 U.S.C. 2106) is amended by adding after 

11 subsection (b) the following: 

12 ‘‘(c) MISCELLANEOUS.—Nothing in this Act shall— 

13 ‘‘(1) hinder or invalidate— 

14 ‘‘(A) the transfer of liability to the person 

15 to whom title of a platform is transferred when 

16 the platform is donated or becomes an artificial 

17 reef; and 

18 ‘‘(B) any term or condition of any existing 

19 lease; and 

20 ‘‘(2) require that— 

21 ‘‘(A) a platform be left standing above the 

22 surface of the water; and 

23 ‘‘(B) an owner of a platform notify any 

24 party, other than the Directors and the appro25 priate State agencies that coordinate with the 


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1 Commanding General, of any plan to decommis2 sion a platform before abandonment operations 

3 commence.’’. 

Æ 


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