I 
112TH CONGRESS 
1ST SESSION H. R. 3429 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2011 
Mr. PALAZZO (for himself and Mr. SCALISE) introduced the following bill; 
which was referred to the Committee on 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. 
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 ‘‘Rigs to Reefs Habitat 
Protection Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DECOMMISSIONING.—The term ‘‘decommis-
sioning’’ includes the flushing, plugging, and ce-
menting of a platform. 
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(2) FUND.—The term ‘‘Fund’’ means the Reef 
Maintenance Fund established by section 3(h)(1). 
(3) NOTICE.—The term ‘‘Notice’’ means the 
notice to lessees numbered 2010–G05, entitled ‘‘No-
tice to Lessees and Operators of Federal Oil and 
Gas Leases and Pipeline Right-of-Way Holders in 
the Outer Continental Shelf, Gulf of Mexico OCS 
Region’’, and issued September 15, 2010. 
(4) PLATFORM.—The term ‘‘platform’’ means 
an offshore oil and gas platform in the Gulf of Mex-
ico that, as determined by the Secretary— 
(A) is no longer useful for operations, as 
defined in the Notice; and 
(B) has become critical for marine fisheries 
habitat. 
(5) PROGRAM.—The term ‘‘Program’’ means 
the artificial reef program authorized under the Na-
tional Fishing Enhancement Act of 1984 (33 U.S.C. 
2101 et seq.). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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SEC. 3. USE OF CERTAIN OFFSHORE OIL AND GAS PLAT-
FORMS FOR ARTIFICIAL REEFS. 
(a) ASSESSMENT.—As soon as practicable after the 
date of enactment of this Act, the Secretary shall conduct 
an assessment of each of the platforms— 
(1) to determine whether there are coral popu-
lations or other protected species in the vicinity of 
the platform; and 
(2) to identify any species in the vicinity of the 
platform that have recreational or commercial value. 
(b) PROHIBITION OF REMOVAL.— 
(1) IN GENERAL.—Notwithstanding the Notice, 
no platforms shall be removed in accordance with 
the Notice until the date on which the Secretary has 
completed assessments of each of the platforms 
under subsection (a). 
(2) SUSPENSION
OF
DECOMMISSIONING.—If, 
during an assessment conducted under subsection 
(a), the Secretary determines that there is a sub-
stantial reef ecosystem in the vicinity of the plat-
form, the decommissioning of the platform under the 
Notice shall be placed on hold until such time as the 
Secretary determines that decommissioning the plat-
form would not harm the reef ecosystem. 
(c) EXEMPTION FROM CERTAIN REQUIREMENTS.— 
The requirement in the Notice that a lessee remove a plat-
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form as soon as possible, but not later than 5 years after 
the effective date of the Notice or within 5 years of the 
platform, meeting the definition of no longer useful for 
operations, whichever is later, shall not apply to a lessee 
that— 
(1) commits to entering the platform in the 
Program; and 
(2) demonstrates the commitment described in 
paragraph (1) by initiating discussions with applica-
ble States regarding potential sites for the artificial 
reef. 
(d) REEFING IN PLACE.—A lessee may, as appro-
priate, provide for reefing in place under the Program. 
(e) STATE PROGRAMS.— 
(1) IN GENERAL.—A State that has a State rig- 
to-reef program may enter into an agreement with 
any appropriate entities to assume liability in Fed-
eral water for a structure covered by the State pro-
gram. 
(2) MAINTENANCE.—Notwithstanding an agree-
ment entered into under paragraph (1), the operator 
of the covered structure shall remain responsible for 
maintaining the covered structure. 
(f) REMOVAL OF TOP DECKS.—Under the Program, 
top decks of a rig may be removed, down to water surface 
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level, if appropriate identifying markers are used to pro-
tect navigation. 
(g) MAINTENANCE
AND
FINANCIAL
REQUIRE-
MENTS.—As a condition of inclusion in the Program, the 
owner of a rig enrolled in the Program shall be required 
to— 
(1) maintain an anode system for the rig; and 
(2) pay into the Fund an amount equal to 50 
percent of the estimated costs associated with the re-
moval of the platform that the owner would have 
been responsible for if the owner had not partici-
pated in the Program, as determined by the Sec-
retary. 
(h) REEF MAINTENANCE FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the ‘‘Reef Maintenance Fund’’, to be ad-
ministered by the Secretary, to be available without 
fiscal year limitation and not subject to appropria-
tion, for the maintenance of artificial reefs estab-
lished under the Program. 
(2) TRANSFERS
TO
FUND.—The Fund shall 
consist of such amounts deposited in the Fund 
under subsection (g)(2). 
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(3) PROHIBITION.—Amounts in the Fund may 
not be made available for any purpose other than a 
purpose described in paragraph (1). 
(4) ANNUAL REPORTS.— 
(A) IN GENERAL.—Not later than 60 days 
after the end of each fiscal year beginning with 
fiscal year 2012, the Secretary shall submit to 
the Committee on Appropriations of the House 
of Representatives, the Committee on Appro-
priations of the Senate, the Committee on En-
ergy and Natural Resources of the Senate, and 
the Committee on Natural Resources of the 
House of Representatives a report on the oper-
ation of the Fund during the fiscal year. 
(B) CONTENTS.—Each report shall in-
clude, for the fiscal year covered by the report, 
the following: 
(i) A statement of the amounts depos-
ited into the Fund. 
(ii) A description of the expenditures 
made from the Fund for the fiscal year, in-
cluding the purpose of the expenditures. 
(iii) Recommendations for additional 
authorities to fulfill the purpose of the 
Fund. 
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(iv) A statement of the balance re-
maining in the Fund at the end of the fis-
cal year. 
Æ 
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