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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marine Fisheries Habi-
tat Protection Act’’. 
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SEC. 2. USE OF CERTAIN OFFSHORE OIL AND GAS PLAT-
FORMS 
AND 
PIPELINES 
FOR 
ARTIFICIAL 
REEFS. 
(a) NATIONAL FISHING ENHANCEMENT ACT
OF 
1984.—The National Fishing Enhancement Act of 1984 
(33 U.S.C. 2101 et seq.) is amended— 
(1) by amending section 206 (33 U.S.C. 2105) 
to read as follows: 
‘‘SEC. 206. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ARTIFICIAL
REEF.—The term ‘artificial 
reef’ means a structure which is constructed or 
placed in waters covered under this title for the pur-
pose of enhancing fishery resources and commercial 
and recreational fishing opportunities. 
‘‘(2) DECOMMISSIONING.—The term ‘decommis-
sioning’ mean ending oil, gas, or sulphur operations 
on an offshore lease, right-of-way, or right-of-use 
and easement and returning the area subject to such 
lease, right-of-way, or right-of-use and easement to 
a condition that complies with applicable law, includ-
ing by removing caissons and idle structures. 
‘‘(3) ESTABLISHED
REEF
ECOSYSTEM.—The 
term ‘established reef ecosystem’ means an area 
with identified reef-associated species, including spe-
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cies of corals, crustaceans, or fish that are managed 
under— 
‘‘(A) a fishery management plan of the 
National Oceanic and Atmospheric Administra-
tion; or 
‘‘(B) a State management plan for reef-as-
sociated species. 
‘‘(4) IDLE STRUCTURE.—The term ‘idle struc-
ture’ means— 
‘‘(A) an oil or gas pipeline, and associated 
equipment and infrastructure, that the Sec-
retary of the Interior has determined is no 
longer useful for operations; and 
‘‘(B) an offshore oil and gas platform or 
similar structure, and associated equipment and 
infrastructure, that is no longer useful for oper-
ations, as determined by the Secretary of the 
Interior. 
‘‘(5) PARTIAL REMOVAL.—The term ‘partial re-
moval’ means— 
‘‘(A) the severance of the top portion of a 
structure at a level appropriate to maintain 
navigational safety, as determined by the Sec-
retary of the Interior in consultation with the 
Commandant of the Coast Guard; and 
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‘‘(B) optionally, the placement of the sev-
ered portion of the structure on the sea floor 
adjacent to the base of the nonsevered portion 
of the structure. 
‘‘(6) REEF IN PLACE.—The term ‘reef in place’ 
means decommissioning through topple in place or 
partial removal that— 
‘‘(A) attempts to maximize habitat for 
benthic and pelagic species throughout the en-
tirety of the water column; and 
‘‘(B) is appropriate to maintain naviga-
tional safety. 
‘‘(7) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, Puer-
to Rico, the United States Virgin Islands, American 
Samoa, Guam, Johnston Island, Midway Island, and 
Wake Island. 
‘‘(8) TOPPLE IN PLACE.—The term ‘topple in 
place’ means detaching a structure from the seabed 
and toppling the structure onto its side on the sea-
bed in the same area where the structure was origi-
nally attached. 
‘‘(9) WATERS COVERED UNDER THIS TITLE.— 
The term ‘waters covered under this title’ means the 
navigable waters of the United States and the 
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waters superjacent to the Outer Continental Shelf as 
defined in section 2 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331), to the extent such 
waters exist in or are adjacent to any State.’’; and 
(2) by amending section 207 to read as follows: 
‘‘SEC. 207. REEF IN PLACE. 
‘‘(a) REEF IN PLACE.— 
‘‘(1) IN
GENERAL.—Not later than 5 years 
after the date on which a lessee, right-of-way holder, 
or owner of an idle structure files a notice of intent 
under section 5(k)(4) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1334(k)(4)) with respect to 
the idle structure, such lessee, right-of-way holder, 
or owner may reef in place the idle structure if the 
Secretary of the Interior determines— 
‘‘(A) the idle structure is sound and se-
cure; and 
‘‘(B) the lessee, right-of-way holder, or 
owner has, with respect to the idle structure— 
‘‘(i) removed all hydrocarbons and 
other hazardous liquids; 
‘‘(ii) if required by law or regulation, 
installed identifying markers to protect 
and aid navigation; 
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‘‘(iii) no outstanding responsibility or 
liability; and 
‘‘(iv) transferred, or has an agreement 
to transfer, liability to a Federal or State 
agency. 
‘‘(2) 
DESIGNATION
OF
REEF
PLANNING 
AREAS.—The Administrator of the National Oceanic 
and Atmospheric Administration— 
‘‘(A) may designate the immediate vicinity 
of an idle structure that is reefed in place under 
paragraph (1) as a reef planning area pursuant 
to the National Artificial Reef Plan published 
under section 204; and 
‘‘(B) upon the request of the head of a 
State program to convert idle structures into 
artificial reefs, may designate the immediate vi-
cinity of an idle structure that is reefed in place 
under such program as a reef planning area 
pursuant to the National Artificial Reef Plan 
published under section 204. 
‘‘(3) FAILURE TO REEF IN PLACE.—Notwith-
standing section 5(k)(4) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1334(k)(4)), if a lessee, 
right-of-way holder, or owner of an idle structure 
does not reef in place the idle structure within the 
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time period described in paragraph (1) for the idle 
structure, such lessee, right-of-way holder, or owner 
shall resume decommissioning the idle structure pur-
suant to the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.) through means other than 
reefing in place. 
‘‘(b) STATE PROGRAMS.— 
‘‘(1) IN GENERAL.—A State that has a pro-
gram to convert idle structures into artificial reefs 
may enter into an agreement with any appropriate 
entity to assume responsibility and liability for an 
idle structure located in waters covered under this 
title in exchange for an amount of funds that— 
‘‘(A) is determined by the State; and 
‘‘(B) does not exceed 50 percent of the 
amount required to remove the idle structure, 
as determined by the appropriate entity and ap-
proved by the State, unless the appropriate en-
tity consents to a greater amount. 
‘‘(2) LIABILITY.—Upon acceptance by a State 
of an idle structure into a State program described 
in paragraph (1)— 
‘‘(A) the appropriate entity shall have no 
responsibility or liability with respect to the idle 
structure; and 
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‘‘(B) the State shall be— 
‘‘(i) responsible for the continued 
maintenance of the idle structure, includ-
ing maintaining any identifying markers 
installed to protect and aid navigation; and 
‘‘(ii) exclusively responsible and liable 
for the idle structure. 
‘‘(3) USE OF STATE FUNDS.—Funds received 
by a State under paragraph (1) may be used by the 
State for costs associated with— 
‘‘(A) respect to the idle structure— 
‘‘(i) liability coverage; 
‘‘(ii) maintenance and upkeep; and 
‘‘(iii) the installation and operation of 
passive technologies on the idle structure 
to monitor the health and size of the corals 
and fish stocks that use the idle structure 
as a habitat; 
‘‘(B) coastal restoration projects; and 
‘‘(C) coastal enhancement projects. 
‘‘(c) ASSESSMENT.— 
‘‘(1) IN GENERAL.—The Administrator of the 
National Oceanic and Atmospheric Administration 
shall conduct an assessment of each idle structure, 
which shall, with respect to each idle structure— 
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‘‘(A) include an assessment of— 
‘‘(i) the localized corals and fish spe-
cies that use the idle structure as a habi-
tat; and 
‘‘(ii) the economic impacts of reefing 
in place, including a comparison of the 
benefits afforded by reef-associated species 
if the idle structure is reefed in place with 
the costs of lost fishing opportunity if the 
idle structure is removed; and 
‘‘(B) determine whether there is an estab-
lished reef ecosystem on, under, or in the imme-
diate vicinity of the idle structure. 
‘‘(2) DETERMINATION CONDUCTED BY OTHER 
PARTY.— 
‘‘(A) IN GENERAL.—Upon the request of a 
lessee, right-of-way holder, or owner of an idle 
structure, the Administrator of the National 
Oceanic and Atmospheric Administration shall 
enter into an agreement with such lessee, right- 
of-way holder, or owner under which, subject to 
the approval of the Administrator under sub-
paragraph (B), such lessee, right-of-way holder, 
or owner— 
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paragraph (B), such determination shall be 
treated as if it was approved by the Adminis-
trator under subparagraph (B)(i). 
‘‘(3) OFFSHORE INFRASTRUCTURE DASHBOARD 
INFORMATION.—Upon the request of the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration or a lessee, right-of-way holder, or 
owner of an idle structure, the Secretary of the Inte-
rior shall submit to the requesting party information 
from the Offshore Infrastructure Dashboard estab-
lished under section 2(c) of the Marine Fisheries 
Habitat Protection Act that is relevant to the com-
pletion of an assessment or determination for an idle 
structure under paragraph (1) or (2), respectively. 
‘‘(4) REPORT.—Not later than 1 year after the 
date of the enactment of this subsection, and annu-
ally thereafter, the Administrator of the National 
Oceanic and Atmospheric Administration shall sub-
mit to the Secretary of the Interior a report regard-
ing each assessment conducted and determination 
approved under paragraphs (1) and (2), respectively, 
which shall include an identification of and map 
each idle structure that supports an established reef 
ecosystem, as determined under paragraph (1)(B) or 
subparagraph (B) or (C) of paragraph (2).’’. 
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(b) OUTER CONTINENTAL SHELF LANDS ACT.—Sec-
tion 5 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1334) is amended by adding at the end the fol-
lowing: 
‘‘(k) ARTIFICIAL REEFS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ADMINISTRATOR.—The term ‘Admin-
istrator’ means the Under Secretary of Com-
merce for Oceans and Atmosphere in the Under 
Secretary’s capacity as Administrator of the 
National Oceanic and Atmospheric Administra-
tion. 
‘‘(B) DECOMMISSIONING.—The term ‘de-
commissioning’ means ending oil, gas, or sul-
phur operations on an offshore lease, right-of- 
way, or right-of-use and easement and return-
ing the area subject to such lease, right-of-way, 
or right-of-use and easement to a condition that 
complies with applicable law, including by re-
moving caissons and idle structures. 
‘‘(C) ESTABLISHED
REEF
ECOSYSTEM.— 
The term ‘established reef ecosystem’ means an 
area with identified reef-associated species, in-
cluding species of corals, crustaceans, or fish 
that are managed under— 
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‘‘(i) a fishery management plan of the 
National Oceanic and Atmospheric Admin-
istration; or 
‘‘(ii) a State management plan for 
reef-associated species. 
‘‘(D) IDLE
STRUCTURE.—The term ‘idle 
structure’ means— 
‘‘(i) an oil or gas pipeline, and associ-
ated equipment and infrastructure, that 
the Secretary of the Interior has deter-
mined is no longer useful for operations; 
and 
‘‘(ii) an offshore oil and gas platform 
or similar structure, and associated equip-
ment and infrastructure, that is no longer 
useful for operations, as determined by the 
Secretary of the Interior. 
‘‘(E) PARTIAL REMOVAL.—The term ‘par-
tial removal’ means— 
‘‘(i) the severance of the top portion 
of a structure at a level appropriate to 
maintain navigational safety, as deter-
mined by the Secretary of the Interior in 
consultation with the Commandant of the 
Coast Guard; and 
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‘‘(ii) optionally, the placement of the 
severed portion of the structure on the sea 
floor adjacent to the base of the nonsev-
ered portion of the structure. 
‘‘(F) PROGRAM.—The term ‘Program’ 
means the artificial reef program authorized 
under the National Fishing Enhancement Act 
of 1984 (33 U.S.C. 2101 et seq.). 
‘‘(G) REEF IN PLACE.—The term ‘reef in 
place’ means decommissioning through topple in 
place or partial removal that— 
‘‘(i) attempts to maximize habitat for 
benthic and pelagic species throughout the 
entirety of the water column; and 
‘‘(ii) is appropriate to maintain navi-
gational safety. 
‘‘(H) TOPPLE IN PLACE.—The term ‘top-
ple in place’ means detaching a structure from 
the seabed and toppling the structure onto its 
side on the seabed in the same area where the 
structure was originally attached. 
‘‘(2) PROHIBITION ON REMOVAL.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Interior may not require a lessee, right-of-way 
holder, or owner of an idle structure to remove 
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the idle structure until the date on which the 
Administrator submits a report under section 
207(c)(4) of the National Fishing Enhancement 
Act of 1984 with respect to such idle structure. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not apply with respect to an idle structure 
that the Secretary of the Interior determines 
poses a substantial threat to— 
‘‘(i) navigational safety; or 
‘‘(ii) the marine environment. 
‘‘(3) SUSPENSION OF REMOVAL.—If, during or 
as the result of an assessment conducted or deter-
mination approved under paragraph (1) or (2) of 
section 207(c) of the National Fishing Enhancement 
Act of 1984, respectively, the Administrator deter-
mines that there is an established reef ecosystem on, 
under, or in the immediate vicinity of an idle struc-
ture, the removal of the idle structure shall be sus-
pended until the date on which the Secretary of the 
Interior, in consultation with the Administrator, de-
termines whether— 
‘‘(A) the continued presence of the idle 
structure would benefit the marine environment 
on, under, or in the immediate vicinity of the 
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idle structure as a habitat for fish, mollusks, or 
corals or other marine life; 
‘‘(B) the removal of the idle structure 
would harm— 
‘‘(i) the established reef ecosystem; or 
‘‘(ii) be otherwise detrimental to the 
biodiversity of the marine environment on, 
under, or in the immediate vicinity of the 
idle structure; 
‘‘(C) each oil and gas well associated with 
the idle structure has been temporarily aban-
doned through zonal isolation, permanently 
plugged and abandoned, or otherwise secured 
and each involved pipeline has been flushed of 
all hydrocarbons and filled with seawater; and 
‘‘(D) the idle structure poses no risk to the 
marine environment on, under, or in the imme-
diate vicinity of the idle structure. 
‘‘(4) EXEMPTION FROM REMOVAL.—If the Sec-
retary of the Interior, in consultation with the Ad-
ministrator, makes an affirmative determination 
under paragraph (3), the Secretary of the Interior 
may not require a lessee, right-of-way holder, or 
owner of an idle structure to remove the idle struc-
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