the Inactive Structure in accordance with applicable 
law. 
‘‘(8) OTHER
REEFING
OR
DECOMMISSIONING 
MECHANISMS
PRESERVED.—Nothing in this Act 
shall eliminate, modify or otherwise limit the ability 
of any party from pursuing the reefing of any Inac-
tive Structure under any other program authorized 
by the National Fishing Enhancement Act or pur-
suing any other method of Decommissioning. 
‘‘(b) APPEALS.—Any Applicant aggrieved by a deci-
sion made under paragraph (a) may submit a written ap-
peal within 60 days of the decision to the Director describ-
ing why the decision should be reconsidered. The Director 
shall respond with an appeal determination no later than 
60 days after receipt of the appeal. Any determination 
made by the Director under this paragraph (b) is a final 
agency action subject to judicial review. 
‘‘(c) STATE PROGRAMS.— 
‘‘(1) IN GENERAL.—A State that has a pro-
gram to convert inactive structures into artificial 
reefs may enter into an agreement with any appli-
cant to assume responsibility and liability no later 
than one year after a reef planning area is des-
ignated for an Eligible Structure in Covered Waters 
in exchange for an amount of funds that— 
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‘‘(A) is determined by the State; and 
‘‘(B) does not exceed 50 percent of the 
cost savings gained by the Applicant due to 
reefing as determined by the Applicant and ap-
proved by the State, unless the Applicant con-
sents to a greater amount. 
‘‘(2) LIABILITY.—Upon acceptance by a State 
of an Eligible structure into a State Program de-
scribed in subparagraph (1)— 
‘‘(A) the Applicant shall have no responsi-
bility or liability with respect to the Approved 
Structure following completion of the reefing 
activity unless otherwise agreed to by the Appli-
cant and a State; and 
‘‘(B) the State shall be— 
‘‘(i) solely responsible for the contin-
ued maintenance of the Approved struc-
ture, including maintaining any identifying 
markers installed to protect and aid navi-
gation; and 
‘‘(ii) exclusively responsible and liable 
for the Approved structure. 
‘‘(d) OUTER CONTINENTAL SHELF LANDS ACT.— 
Section 5 of the Outer Continental Shelf Lands Act (43 
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U.S.C. 1334) is amended by adding at the end the fol-
lowing: 
‘‘(e) ARTIFICIAL REEFS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) For the purposes of this section, the 
terms ‘Administrator’, ‘Applicant’, ‘Approved 
Structure’, ‘Artificial Reef’, ‘Decommissioning’, 
‘Director’, ‘Eligible Structure’, ‘Established 
Reef Ecosystem’, ‘Inactive Structure’, ‘Partial 
Removal’, ‘Reef in Place’, ‘Reef Planning Area’, 
‘State Program’, ‘State’, and ‘Topple in Place’ 
shall have the same meaning as set forth in sec-
tion 206 of the National Fishing Enhancement 
Act of 1984 (as amended), 33 U.S.C. 2101 et 
SEQ. 
‘‘(B) REMOVAL
ORDER.—The term ‘re-
moval order’ means any order, notice, or re-
quest to fully or partially remove an Inactive 
Structure sent by any federal agent, including, 
without limitation any order to perform decom-
missioning. 
‘‘(2) PROHIBITION ON REMOVAL ORDERS.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Interior may not issue or enforce a Removal 
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Order for an Inactive Structure during any of 
the following periods— 
‘‘(i) INITIAL NOTICE PERIOD.—From 
the date an Applicant submits its first No-
tice of Intent to Reef pursuant to Section 
207(a)(1) of the National Fishing En-
hancement Act of 1984 (as amended), 33 
U.S.C. 2101 et seq. for a given Inactive 
Structure and for a period of one year 
thereafter. 
‘‘(ii) 
ASSESSMENT
PERIOD.—From 
the date an assessment required under 
Section 207(a)(2) of the National Fishing 
Enhancement Act of 1984 (as amended), 
33 U.S.C. 2101 et seq. is initiated, but not 
later than 18 months after the Notice of 
Intent to Reef is submitted. 
‘‘(iii) PENDING
DETERMINATION.— 
After submission of an assessment to the 
Director pursuant to Section 207(a)(2) of 
the National Fishing Enhancement Act of 
1984 (as amended), 33 U.S.C. 2101 et 
seq., and before the Director has made an 
Eligible Structure determination under 
Section 207(a)(3) of the National Fishing 
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Enhancement Act of 1984 (as amended), 
33 U.S.C. 2101 et seq. 
‘‘(iv) ELIGIBLE
DETERMINATION.— 
After a determination that the structure is 
an 
Eligible 
Structure 
under 
Section 
207(a)(3) of the National Fishing En-
hancement Act of 1984 (as amended), 33 
U.S.C. 2101 et seq., and for a period not 
to exceed three years following such deter-
mination. 
‘‘(B) APPEAL PERIOD.—After the date an 
appeal has been filed under Section 207(b) of 
the National Fishing Enhancement Act of 1984 
(as amended), 33 U.S.C. 2101 et seq. and for 
150 days thereafter. 
‘‘(C) EXCEPTION.—Subparagraph (A) does 
not apply with respect to an inactive structure 
that the Secretary of the Interior determines 
poses a substantial and imminent threat to— 
‘‘(i) navigational safety; or 
‘‘(ii) the marine environment. 
‘‘(f) EXISTING REGULATIONS.—Nothing in this Act 
shall be construed to modify or supersede existing regu-
latory procedures for pipeline abandonment or decommis-
sioning under the applicable provisions of the Code of Fed-
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eral Regulations. Pipeline abandonment in place shall con-
tinue to follow established regulatory processes and shall 
not require additional permitting unless the pipeline is 
specifically designated for conversion to an Artificial 
Reef.’’. 
Æ 
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