I 

118TH CONGRESS 

1ST SESSION H. R. 6814 

To require the Under Secretary of Commerce for Oceans and Atmosphere 

to assess certain offshore oil and gas platforms and pipelines for potential 

use as artificial reefs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2023 

Mr. GRAVES of Louisiana (for himself and Mr. VEASEY) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To require the Under Secretary of Commerce for Oceans 

and Atmosphere to assess certain offshore oil and gas 

platforms and pipelines for potential use as 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 ‘‘Marine Fisheries Habi5 tat Protection Act’’. 

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1 SEC. 2. USE OF CERTAIN OFFSHORE OIL AND GAS PLAT2 FORMS AND PIPELINES FOR ARTIFICIAL 

3 REEFS. 

4 (a) NATIONAL FISHING ENHANCEMENT ACT OF

5 1984.—The National Fishing Enhancement Act of 1984 

6 (33 U.S.C. 2101 et seq.) is amended— 

7 (1) by amending section 206 (33 U.S.C. 2105) 

8 to read as follows: 

9 ‘‘SEC. 206. DEFINITIONS. 

10 ‘‘In this title: 

11 ‘‘(1) ARTIFICIAL REEF.—The term ‘artificial 

12 reef’ means a structure which is constructed or 

13 placed in waters covered under this title for the pur14 pose of enhancing fishery resources and commercial 

15 and recreational fishing opportunities. 

16 ‘‘(2) DECOMMISSIONING.—The term ‘decommis17 sioning’ mean ending oil, gas, or sulphur operations 

18 on an offshore lease, right-of-way, or right-of-use 

19 and easement and returning the area subject to such 

20 lease, right-of-way, or right-of-use and easement to 

21 a condition that complies with applicable law, includ22 ing by removing caissons and idle structures. 

23 ‘‘(3) ESTABLISHED REEF ECOSYSTEM.—The 

24 term ‘established reef ecosystem’ means an area 

25 with identified reef-associated species, including speVerDate Sep 11 2014 19:56 Jan 08, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6814.IH H6814
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1 cies of corals, crustaceans, or fish that are managed 

2 under— 

3 ‘‘(A) a fishery management plan of the 

4 National Oceanic and Atmospheric Administra5 tion; or 

6 ‘‘(B) a State management plan for reef-as7 sociated species. 

8 ‘‘(4) IDLE STRUCTURE.—The term ‘idle struc9 ture’ means— 

10 ‘‘(A) an oil or gas pipeline, and associated 

11 equipment and infrastructure, that the Sec12 retary of the Interior has determined is no 

13 longer useful for operations; and 

14 ‘‘(B) an offshore oil and gas platform or 

15 similar structure, and associated equipment and 

16 infrastructure, that is no longer useful for oper17 ations, as determined by the Secretary of the 

18 Interior. 

19 ‘‘(5) PARTIAL REMOVAL.—The term ‘partial re20 moval’ means— 

21 ‘‘(A) the severance of the top portion of a 

22 structure at a level appropriate to maintain 

23 navigational safety, as determined by the Sec24 retary of the Interior in consultation with the 

25 Commandant of the Coast Guard; and 

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1 ‘‘(B) optionally, the placement of the sev2 ered portion of the structure on the sea floor 

3 adjacent to the base of the nonsevered portion 

4 of the structure. 

5 ‘‘(6) REEF IN PLACE.—The term ‘reef in place’ 

6 means decommissioning through topple in place or 

7 partial removal that— 

8 ‘‘(A) attempts to maximize habitat for 

9 benthic and pelagic species throughout the en10 tirety of the water column; and 

11 ‘‘(B) is appropriate to maintain naviga12 tional safety. 

13 ‘‘(7) STATE.—The term ‘State’ means a State 

14 of the United States, the District of Columbia, Puer15 to Rico, the United States Virgin Islands, American 

16 Samoa, Guam, Johnston Island, Midway Island, and 

17 Wake Island. 

18 ‘‘(8) TOPPLE IN PLACE.—The term ‘topple in 

19 place’ means detaching a structure from the seabed 

20 and toppling the structure onto its side on the sea21 bed in the same area where the structure was origi22 nally attached. 

23 ‘‘(9) WATERS COVERED UNDER THIS TITLE.— 

24 The term ‘waters covered under this title’ means the 

25 navigable waters of the United States and the 

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1 waters superjacent to the Outer Continental Shelf as 

2 defined in section 2 of the Outer Continental Shelf 

3 Lands Act (43 U.S.C. 1331), to the extent such 

4 waters exist in or are adjacent to any State.’’; and 

5 (2) by amending section 207 to read as follows: 

6 ‘‘SEC. 207. REEF IN PLACE. 

7 ‘‘(a) REEF IN PLACE.— 

8 ‘‘(1) IN GENERAL.—Not later than 5 years 

9 after the date on which a lessee, right-of-way holder, 

10 or owner of an idle structure files a notice of intent 

11 under section 5(k)(4) of the Outer Continental Shelf 

12 Lands Act (43 U.S.C. 1334(k)(4)) with respect to 

13 the idle structure, such lessee, right-of-way holder, 

14 or owner may reef in place the idle structure if the 

15 Secretary of the Interior determines— 

16 ‘‘(A) the idle structure is sound and se17 cure; and 

18 ‘‘(B) the lessee, right-of-way holder, or 

19 owner has, with respect to the idle structure— 

20 ‘‘(i) removed all hydrocarbons and 

21 other hazardous liquids; 

22 ‘‘(ii) if required by law or regulation, 

23 installed identifying markers to protect 

24 and aid navigation; 

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1 ‘‘(iii) no outstanding responsibility or 

2 liability; and 

3 ‘‘(iv) transferred, or has an agreement 

4 to transfer, liability to a Federal or State 

5 agency. 

6 ‘‘(2) DESIGNATION OF REEF PLANNING

7 AREAS.—The Administrator of the National Oceanic 

8 and Atmospheric Administration— 

9 ‘‘(A) may designate the immediate vicinity 

10 of an idle structure that is reefed in place under 

11 paragraph (1) as a reef planning area pursuant 

12 to the National Artificial Reef Plan published 

13 under section 204; and 

14 ‘‘(B) upon the request of the head of a 

15 State program to convert idle structures into 

16 artificial reefs, may designate the immediate vi17 cinity of an idle structure that is reefed in place 

18 under such program as a reef planning area 

19 pursuant to the National Artificial Reef Plan 

20 published under section 204. 

21 ‘‘(3) FAILURE TO REEF IN PLACE.—Notwith22 standing section 5(k)(4) of the Outer Continental 

23 Shelf Lands Act (43 U.S.C. 1334(k)(4)), if a lessee, 

24 right-of-way holder, or owner of an idle structure 

25 does not reef in place the idle structure within the 

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1 time period described in paragraph (1) for the idle 

2 structure, such lessee, right-of-way holder, or owner 

3 shall resume decommissioning the idle structure pur4 suant to the Outer Continental Shelf Lands Act (43 

5 U.S.C. 1331 et seq.) through means other than 

6 reefing in place. 

7 ‘‘(b) STATE PROGRAMS.— 

8 ‘‘(1) IN GENERAL.—A State that has a pro9 gram to convert idle structures into artificial reefs 

10 may enter into an agreement with any appropriate 

11 entity to assume responsibility and liability for an 

12 idle structure located in waters covered under this 

13 title in exchange for an amount of funds that— 

14 ‘‘(A) is determined by the State; and 

15 ‘‘(B) does not exceed 50 percent of the 

16 amount required to remove the idle structure, 

17 as determined by the appropriate entity and ap18 proved by the State, unless the appropriate en19 tity consents to a greater amount. 

20 ‘‘(2) LIABILITY.—Upon acceptance by a State 

21 of an idle structure into a State program described 

22 in paragraph (1)— 

23 ‘‘(A) the appropriate entity shall have no 

24 responsibility or liability with respect to the idle 

25 structure; and 

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1 ‘‘(B) the State shall be— 

2 ‘‘(i) responsible for the continued 

3 maintenance of the idle structure, includ4 ing maintaining any identifying markers 

5 installed to protect and aid navigation; and 

6 ‘‘(ii) exclusively responsible and liable 

7 for the idle structure. 

8 ‘‘(3) USE OF STATE FUNDS.—Funds received 

9 by a State under paragraph (1) may be used by the 

10 State for costs associated with— 

11 ‘‘(A) respect to the idle structure— 

12 ‘‘(i) liability coverage; 

13 ‘‘(ii) maintenance and upkeep; and 

14 ‘‘(iii) the installation and operation of 

15 passive technologies on the idle structure 

16 to monitor the health and size of the corals 

17 and fish stocks that use the idle structure 

18 as a habitat; 

19 ‘‘(B) coastal restoration projects; and 

20 ‘‘(C) coastal enhancement projects. 

21 ‘‘(c) ASSESSMENT.— 

22 ‘‘(1) IN GENERAL.—The Administrator of the 

23 National Oceanic and Atmospheric Administration 

24 shall conduct an assessment of each idle structure, 

25 which shall, with respect to each idle structure— 

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1 ‘‘(A) include an assessment of— 

2 ‘‘(i) the localized corals and fish spe3 cies that use the idle structure as a habi4 tat; and 

5 ‘‘(ii) the economic impacts of reefing 

6 in place, including a comparison of the 

7 benefits afforded by reef-associated species 

8 if the idle structure is reefed in place with 

9 the costs of lost fishing opportunity if the 

10 idle structure is removed; and 

11 ‘‘(B) determine whether there is an estab12 lished reef ecosystem on, under, or in the imme13 diate vicinity of the idle structure. 

14 ‘‘(2) DETERMINATION CONDUCTED BY OTHER

15 PARTY.— 

16 ‘‘(A) IN GENERAL.—Upon the request of a 

17 lessee, right-of-way holder, or owner of an idle 

18 structure, the Administrator of the National 

19 Oceanic and Atmospheric Administration shall 

20 enter into an agreement with such lessee, right21 of-way holder, or owner under which, subject to 

22 the approval of the Administrator under sub23 paragraph (B), such lessee, right-of-way holder, 

24 or owner— 

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1 ‘‘(i) makes, or enters into an agree2 ment with another party (including a 

3 State) for that party to make, the deter4 mination described in paragraph (1)(B) for 

5 the idle structure; and 

6 ‘‘(ii) submits such determination to 

7 the Administrator. 

8 ‘‘(B) REVIEW OF DETERMINATION.—Not 

9 later than 90 days after receipt of a determina10 tion under subparagraph (A)(ii), the Adminis11 trator of the National Oceanic and Atmospheric 

12 Administration shall review and— 

13 ‘‘(i) approve the determination; or 

14 ‘‘(ii) reject the determination and pro15 vide the party that submitted the deter16 mination with a description of the changes, 

17 including specific action items, to the re18 jected determination that are necessary for 

19 the Administrator to approve the rejected 

20 determination. 

21 ‘‘(C) DEFAULT TREATMENT.—If the Ad22 ministrator of the National Oceanic and Atmos23 pheric Administration does not approve or re24 ject a determination received under subpara25 graph (A)(ii) within the period described in subVerDate Sep 11 2014 19:56 Jan 08, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6814.IH H6814
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1 paragraph (B), such determination shall be 

2 treated as if it was approved by the Adminis3 trator under subparagraph (B)(i). 

4 ‘‘(3) OFFSHORE INFRASTRUCTURE DASHBOARD

5 INFORMATION.—Upon the request of the Adminis6 trator of the National Oceanic and Atmospheric Ad7 ministration or a lessee, right-of-way holder, or 

8 owner of an idle structure, the Secretary of the Inte9 rior shall submit to the requesting party information 

10 from the Offshore Infrastructure Dashboard estab11 lished under section 2(c) of the Marine Fisheries 

12 Habitat Protection Act that is relevant to the com13 pletion of an assessment or determination for an idle 

14 structure under paragraph (1) or (2), respectively. 

15 ‘‘(4) REPORT.—Not later than 1 year after the 

16 date of the enactment of this subsection, and annu17 ally thereafter, the Administrator of the National 

18 Oceanic and Atmospheric Administration shall sub19 mit to the Secretary of the Interior a report regard20 ing each assessment conducted and determination 

21 approved under paragraphs (1) and (2), respectively, 

22 which shall include an identification of and map 

23 each idle structure that supports an established reef 

24 ecosystem, as determined under paragraph (1)(B) or 

25 subparagraph (B) or (C) of paragraph (2).’’. 

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1 (b) OUTER CONTINENTAL SHELF LANDS ACT.—Sec2 tion 5 of the Outer Continental Shelf Lands Act (43 

3 U.S.C. 1334) is amended by adding at the end the fol4 lowing: 

5 ‘‘(k) ARTIFICIAL REEFS.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) ADMINISTRATOR.—The term ‘Admin8 istrator’ means the Under Secretary of Com9 merce for Oceans and Atmosphere in the Under 

10 Secretary’s capacity as Administrator of the 

11 National Oceanic and Atmospheric Administra12 tion. 

13 ‘‘(B) DECOMMISSIONING.—The term ‘de14 commissioning’ means ending oil, gas, or sul15 phur operations on an offshore lease, right-of16 way, or right-of-use and easement and return17 ing the area subject to such lease, right-of-way, 

18 or right-of-use and easement to a condition that 

19 complies with applicable law, including by re20 moving caissons and idle structures. 

21 ‘‘(C) ESTABLISHED REEF ECOSYSTEM.— 

22 The term ‘established reef ecosystem’ means an 

23 area with identified reef-associated species, in24 cluding species of corals, crustaceans, or fish 

25 that are managed under— 

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1 ‘‘(i) a fishery management plan of the 

2 National Oceanic and Atmospheric Admin3 istration; or 

4 ‘‘(ii) a State management plan for 

5 reef-associated species. 

6 ‘‘(D) IDLE STRUCTURE.—The term ‘idle 

7 structure’ means— 

8 ‘‘(i) an oil or gas pipeline, and associ9 ated equipment and infrastructure, that 

10 the Secretary of the Interior has deter11 mined is no longer useful for operations; 

12 and 

13 ‘‘(ii) an offshore oil and gas platform 

14 or similar structure, and associated equip15 ment and infrastructure, that is no longer 

16 useful for operations, as determined by the 

17 Secretary of the Interior. 

18 ‘‘(E) PARTIAL REMOVAL.—The term ‘par19 tial removal’ means— 

20 ‘‘(i) the severance of the top portion 

21 of a structure at a level appropriate to 

22 maintain navigational safety, as deter23 mined by the Secretary of the Interior in 

24 consultation with the Commandant of the 

25 Coast Guard; and 

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1 ‘‘(ii) optionally, the placement of the 

2 severed portion of the structure on the sea 

3 floor adjacent to the base of the nonsev4 ered portion of the structure. 

5 ‘‘(F) PROGRAM.—The term ‘Program’ 

6 means the artificial reef program authorized 

7 under the National Fishing Enhancement Act 

8 of 1984 (33 U.S.C. 2101 et seq.). 

9 ‘‘(G) REEF IN PLACE.—The term ‘reef in 

10 place’ means decommissioning through topple in 

11 place or partial removal that— 

12 ‘‘(i) attempts to maximize habitat for 

13 benthic and pelagic species throughout the 

14 entirety of the water column; and 

15 ‘‘(ii) is appropriate to maintain navi16 gational safety. 

17 ‘‘(H) TOPPLE IN PLACE.—The term ‘top18 ple in place’ means detaching a structure from 

19 the seabed and toppling the structure onto its 

20 side on the seabed in the same area where the 

21 structure was originally attached. 

22 ‘‘(2) PROHIBITION ON REMOVAL.— 

23 ‘‘(A) IN GENERAL.—The Secretary of the 

24 Interior may not require a lessee, right-of-way 

25 holder, or owner of an idle structure to remove 

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1 the idle structure until the date on which the 

2 Administrator submits a report under section 

3 207(c)(4) of the National Fishing Enhancement 

4 Act of 1984 with respect to such idle structure. 

5 ‘‘(B) EXCEPTION.—Subparagraph (A) 

6 does not apply with respect to an idle structure 

7 that the Secretary of the Interior determines 

8 poses a substantial threat to— 

9 ‘‘(i) navigational safety; or 

10 ‘‘(ii) the marine environment. 

11 ‘‘(3) SUSPENSION OF REMOVAL.—If, during or 

12 as the result of an assessment conducted or deter13 mination approved under paragraph (1) or (2) of 

14 section 207(c) of the National Fishing Enhancement 

15 Act of 1984, respectively, the Administrator deter16 mines that there is an established reef ecosystem on, 

17 under, or in the immediate vicinity of an idle struc18 ture, the removal of the idle structure shall be sus19 pended until the date on which the Secretary of the 

20 Interior, in consultation with the Administrator, de21 termines whether— 

22 ‘‘(A) the continued presence of the idle 

23 structure would benefit the marine environment 

24 on, under, or in the immediate vicinity of the 

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1 idle structure as a habitat for fish, mollusks, or 

2 corals or other marine life; 

3 ‘‘(B) the removal of the idle structure 

4 would harm— 

5 ‘‘(i) the established reef ecosystem; or 

6 ‘‘(ii) be otherwise detrimental to the 

7 biodiversity of the marine environment on, 

8 under, or in the immediate vicinity of the 

9 idle structure; 

10 ‘‘(C) each oil and gas well associated with 

11 the idle structure has been temporarily aban12 doned through zonal isolation, permanently 

13 plugged and abandoned, or otherwise secured 

14 and each involved pipeline has been flushed of 

15 all hydrocarbons and filled with seawater; and 

16 ‘‘(D) the idle structure poses no risk to the 

17 marine environment on, under, or in the imme18 diate vicinity of the idle structure. 

19 ‘‘(4) EXEMPTION FROM REMOVAL.—If the Sec20 retary of the Interior, in consultation with the Ad21 ministrator, makes an affirmative determination 

22 under paragraph (3), the Secretary of the Interior 

23 may not require a lessee, right-of-way holder, or 

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1 ture associated with such determination if the lessee, 

2 right-of-way holder, or owner— 

3 ‘‘(A) files a notice of intent with the Bu4 reau of Safety and Environmental Enforcement 

5 and the United States Army Corps of Engi6 neers in which the lessee, right-of-way holder, 

7 or owner commits to entering the idle structure 

8 in the Program; 

9 ‘‘(B) initiates discussions with a wildlife 

10 and fisheries agency or other regulatory author11 ity of the State of which the extended seaward 

12 boundary through the exclusive economic zone 

13 includes the idle structure regarding potential 

14 sites for the artificial reef, pursuant to the no15 tice of intent filed by the lessee, right-of-way 

16 holder, or owner under subparagraph (A); 

17 ‘‘(C) not later than 2 years after the date 

18 the lessee, right-of-way holder, or owner files a 

19 notice of intent under subparagraph (A)— 

20 ‘‘(i) permanently plugs, abandons, se21 cures, and seals each well associated with 

22 the idle structure; and 

23 ‘‘(ii) flushes each involved pipeline of 

24 all hydrocarbons and fills each such pipe25 line with seawater; and 

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1 ‘‘(D) agrees to accept all liability with re2 spect to the idle structure until— 

3 ‘‘(i) the idle structure is reefed in 

4 place under section 207(a) of the National 

5 Fishing Enhancement Act of 1984; and 

6 ‘‘(ii) the lessee, right-of-way holder, or 

7 owner has transferred liability for the idle 

8 structure to a Federal or State agency.’’. 

9 (c) OFFSHORE OIL AND GAS PLATFORMS AND PIPE10 LINES DATABASE.—The Secretary of the Interior, acting 

11 through the Director of the Bureau of Safety and Envi12 ronmental Enforcement, shall create and maintain an Off13 shore Infrastructure Dashboard for the Gulf of Mexico re14 gion that shall— 

15 (1) be updated not less frequently than every 6 

16 months; 

17 (2) be made available to the public; and 

18 (3) contain information regarding the decom19 missioning of oil and gas platforms and pipelines 

20 and the potential of such oil and gas platforms and 

21 pipelines for reef in place (as defined in section 

22 5(k)(1) of the Outer Continental Shelf Lands Act 

23 (43 U.S.C. 1334(k)(1)), as added by this section) in24 cluding— 

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1 (A) the number of oil and gas platforms in 

2 the Gulf of Mexico region; 

3 (B) the number and approximate location 

4 of each oil and gas platform that— 

5 (i) is eligible for decommissioning pur6 suant to the Outer Continental Shelf 

7 Lands Act (43 U.S.C. 1301 et seq.); and 

8 (ii) has an approved decommissioning 

9 plan and a planned disposition pursuant to 

10 such Act, including— 

11 (I) if the oil and gas platform 

12 will be entered into the artificial reef 

13 program authorized under the Na14 tional Fishing Enhancement Act of 

15 1984 (33 U.S.C. 2101 et seq.) (re16 ferred to in this section as the ‘‘Pro17 gram’’); 

18 (II) if the oil and gas platform 

19 will not be entered into the Program, 

20 a reason for not doing so; and 

21 (III) each oil and gas platform 

22 granted an exemption from removal 

23 under section 5(k)(4) of the Outer 

24 Continental Shelf Lands Act (43 

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1 U.S.C. 1334(k)(4)), as added by this 

2 section; and 

3 (C) the length in miles and approximate lo4 cation of each— 

5 (i) section of oil and gas pipeline that 

6 is eligible for decommissioning pursuant to 

7 the Outer Continental Shelf Lands Act (43 

8 U.S.C. 1301 et seq.); and 

9 (ii) oil and gas pipeline with an ap10 proved decommissioning plan pursuant to 

11 such Act. 

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