II 

113TH CONGRESS 

1ST SESSION S. 96 

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 SENATE OF THE UNITED STATES 

JANUARY 23 (legislative day, JANUARY 3), 2013 

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

to the Committee on Energy and 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. 

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 ‘‘Rigs to Reefs Habitat 

5 Protection Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DECOMMISSIONING.—The term ‘‘decommis9 sioning’’ includes the flushing, plugging, and ce10 menting of a platform. 


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1 (2) FUND.—The term ‘‘Fund’’ means the Reef 

2 Maintenance Fund established by section 3(h)(1). 

3 (3) NOTICE.—The term ‘‘Notice’’ means the 

4 notice to lessees numbered 2010–G05, entitled ‘‘No5 tice to Lessees and Operators of Federal Oil and 

6 Gas Leases and Pipeline Right-of-Way Holders in 

7 the Outer Continental Shelf, Gulf of Mexico OCS 

8 Region’’, and issued September 15, 2010. 

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

10 an offshore oil and gas platform in the Gulf of Mex11 ico that, as determined by the Secretary— 

12 (A) is no longer useful for operations, as 

13 defined in the Notice; and 

14 (B) has become critical for marine fisheries 

15 habitat. 

16 (5) PROGRAM.—The term ‘‘Program’’ means 

17 the artificial reef program authorized under the Na18 tional Fishing Enhancement Act of 1984 (33 U.S.C. 

19 2101 et seq.). 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 


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1 SEC. 3. USE OF CERTAIN OFFSHORE OIL AND GAS PLAT2 FORMS FOR ARTIFICIAL REEFS. 

3 (a) ASSESSMENT.—As soon as practicable after the 

4 date of enactment of this Act, the Secretary shall conduct 

5 an assessment of each of the platforms— 

6 (1) to determine whether there are coral popu7 lations or other protected species in the vicinity of 

8 the platform; and 

9 (2) to identify any species in the vicinity of the 

10 platform that have recreational or commercial value. 

11 (b) PROHIBITION OF REMOVAL.— 

12 (1) IN GENERAL.—Notwithstanding the Notice, 

13 no platforms shall be removed in accordance with 

14 the Notice until the date on which the Secretary has 

15 completed assessments of each of the platforms 

16 under subsection (a). 

17 (2) SUSPENSION OF DECOMMISSIONING.—If, 

18 during an assessment conducted under subsection 

19 (a), the Secretary determines that there is a sub20 stantial reef ecosystem in the vicinity of the plat21 form, the decommissioning of the platform under the 

22 Notice shall be placed on hold until such time as the 

23 Secretary determines that decommissioning the plat24 form would not harm the reef ecosystem. 

25 (c) EXEMPTION FROM CERTAIN REQUIREMENTS.— 

26 The requirement in the Notice that a lessee remove a platVerDate Mar 15 2010 16:25 Jan 28, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96

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1 form as soon as possible, but not later than 5 years after 

2 the effective date of the Notice or within 5 years of the 

3 platform, meeting the definition of no longer useful for 

4 operations, whichever is later, shall not apply to a lessee 

5 that— 

6 (1) commits to entering the platform in the 

7 Program; and 

8 (2) demonstrates the commitment described in 

9 paragraph (1) by initiating discussions with applica10 ble States regarding potential sites for the artificial 

11 reef. 

12 (d) REEFING IN PLACE.—A lessee may, as appro13 priate, provide for reefing in place under the Program. 

14 (e) STATE PROGRAMS.— 

15 (1) IN GENERAL.—A State that has a State rig16 to-reef program may enter into an agreement with 

17 any appropriate entities to assume liability in Fed18 eral water for a structure covered by the State pro19 gram. 

20 (2) MAINTENANCE.—Notwithstanding an agree21 ment entered into under paragraph (1), the operator 

22 of the covered structure shall remain responsible for 

23 maintaining the covered structure. 

24 (f) REMOVAL OF TOP DECKS.—Under the Program, 

25 top decks of a rig may be removed, down to water surface 


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1 level, if appropriate identifying markers are used to pro2 tect navigation. 

3 (g) MAINTENANCE AND FINANCIAL REQUIRE4 MENTS.—As a condition of inclusion in the Program, the 

5 owner of a rig enrolled in the Program shall be required 

6 to— 

7 (1) maintain an anode system for the rig; and 

8 (2) pay into the Fund an amount equal to 50 

9 percent of the estimated costs associated with the re10 moval of the platform that the owner would have 

11 been responsible for if the owner had not partici12 pated in the Program, as determined by the Sec13 retary. 

14 (h) REEF MAINTENANCE FUND.— 

15 (1) ESTABLISHMENT.—There is established in 

16 the Treasury of the United States a fund to be 

17 known as the ‘‘Reef Maintenance Fund’’, to be ad18 ministered by the Secretary, to be available without 

19 fiscal year limitation and not subject to appropria20 tion, for the maintenance of artificial reefs estab21 lished under the Program. 

22 (2) TRANSFERS TO FUND.—The Fund shall 

23 consist of such amounts deposited in the Fund 

24 under subsection (g)(2). 


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1 (3) PROHIBITION.—Amounts in the Fund may 

2 not be made available for any purpose other than a 

3 purpose described in paragraph (1). 

4 (4) ANNUAL REPORTS.— 

5 (A) IN GENERAL.—Not later than 60 days 

6 after the end of each fiscal year beginning with 

7 fiscal year 2013, the Secretary shall submit to 

8 the Committee on Appropriations of the House 

9 of Representatives, the Committee on Appro10 priations of the Senate, the Committee on En11 ergy and Natural Resources of the Senate, and 

12 the Committee on Natural Resources of the 

13 House of Representatives a report on the oper14 ation of the Fund during the fiscal year. 

15 (B) CONTENTS.—Each report shall in16 clude, for the fiscal year covered by the report, 

17 the following: 

18 (i) A statement of the amounts depos19 ited into the Fund. 

20 (ii) A description of the expenditures 

21 made from the Fund for the fiscal year, in22 cluding the purpose of the expenditures. 

23 (iii) Recommendations for additional 

24 authorities to fulfill the purpose of the 

25 Fund. 


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1 (iv) A statement of the balance re2 maining in the Fund at the end of the fis3 cal year. 

Æ 


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