Marine Fisheries Habitat Protection Act

Bill: 118-hr-6814
Sponsor: full_name: Rep. Graves, Garret [R-LA-6]
Introduced: 2023-12-14
Policy area: Public Lands and Natural Resources
Subjects: Aquatic ecology

Government information and archives

Gulf of Mexico

Marine and coastal resources, fisheries

Oil and gas

Pipelines

State and local government operations
Latest action: action_date: 2024-03-21
text: Subcommittee Hearings Held

Summaries:

tv_txt: I 118th CONGRESS 1st Session H. R. 6814 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. Short title This Act may be cited as the Marine Fisheries Habitat Protection Act . 2. Use of certain offshore oil and gas platforms 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: 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 purpose of enhancing fishery resources and commercial and recreational fishing opportunities. (2) Decommissioning The term decommissioning 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, including by removing caissons and idle structures. (3) Established reef ecosystem The term established reef ecosystem means an area with identified reef-associated species, including species of corals, crustaceans, or fish that are managed under— (A) a fishery management plan of the National Oceanic and Atmospheric Administration; or (B) a State management plan for reef-associated species. (4) Idle structure The term idle structure means— (A) an oil or gas pipeline, and associated equipment and infrastructure, that the Secretary 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 operations, as determined by the Secretary of the Interior. (5) Partial removal The term partial removal means— (A) the severance of the top portion of a structure at a level appropriate to maintain navigational safety, as determined by the Secretary of the Interior in consultation with the Commandant of the Coast Guard; and (B) optionally, the placement of the severed 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 entirety of the water column; and (B) is appropriate to maintain navigational safety. (7) State The term State means a State of the United States, the District of Columbia, Puerto 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 seabed in the same area where the structure was originally attached. (9) Waters covered under this title The term waters covered under this title means the navigable waters of the United States and the 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: 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 secure; 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; (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 vicinity 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 Notwithstanding 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 time period described in paragraph (1) for the idle structure, such lessee, right-of-way holder, or owner shall resume decommissioning the idle structure pursuant 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 program 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 approved by the State, unless the appropriate entity 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 (B) the State shall be— (i) responsible for the continued maintenance of the idle structure, including 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— (A) include an assessment of— (i) the localized corals and fish species that use the idle structure as a habitat; 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 established reef ecosystem on, under, or in the immediate 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 subparagraph (B), such lessee, right-of-way holder, or owner— (i) makes, or enters into an agreement with another party (including a State) for that party to make, the determination described in paragraph (1)(B) for the idle structure; and (ii) submits such determination to the Administrator. (B) Review of determination Not later than 90 days after receipt of a determination under subparagraph (A)(ii), the Administrator of the National Oceanic and Atmospheric Administration shall review and— (i) approve the determination; or (ii) reject the determination and provide the party that submitted the determination with a description of the changes, including specific action items, to the rejected determination that are necessary for the Administrator to approve the rejected determination. (C) Default treatment If the Administrator of the National Oceanic and Atmospheric Administration does not approve or reject a determination received under subparagraph (A)(ii) within the period described in subparagraph (B), such determination shall be treated as if it was approved by the Administrator under subparagraph (B)(i). (3) Offshore Infrastructure Dashboard information Upon the request of the Administrator of the National Oceanic and Atmospheric Administration or a lessee, right-of-way holder, or owner of an idle structure, the Secretary of the Interior shall submit to the requesting party information from the Offshore Infrastructure Dashboard established under section 2(c) of the Marine Fisheries Habitat Protection Act that is relevant to the completion 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 annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to the Secretary of the Interior a report regarding 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). . (b) Outer Continental Shelf Lands Act Section 5 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334 ) is amended by adding at the end the following: (k) Artificial reefs (1) Definitions In this subsection: (A) Administrator The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as Administrator of the National Oceanic and Atmospheric Administration. (B) Decommissioning The term decommissioning means 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, including by removing caissons and idle structures. (C) Established reef ecosystem The term established reef ecosystem means an area with identified reef-associated species, including species of corals, crustaceans, or fish that are managed under— (i) a fishery management plan of the National Oceanic and Atmospheric Administration; 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 associated equipment and infrastructure, that the Secretary of the Interior has determined is no longer useful for operations; and (ii) an offshore oil and gas platform or similar structure, and associated equipment and infrastructure, that is no longer useful for operations, as determined by the Secretary of the Interior. (E) Partial removal The term partial removal means— (i) the severance of the top portion of a structure at a level appropriate to maintain navigational safety, as determined by the Secretary of the Interior in consultation with the Commandant of the Coast Guard; and (ii) optionally, the placement of the severed portion of the structure on the sea floor adjacent to the base of the nonsevered 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 navigational safety. (H) Topple in place The term topple 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 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 determination approved under paragraph (1) or (2) of section 207(c) of the National Fishing Enhancement Act of 1984, respectively, the Administrator determines that there is an established reef ecosystem on, under, or in the immediate vicinity of an idle structure, the removal of the idle structure shall be suspended until the date on which the Secretary of the Interior, in consultation with the Administrator, determines whether— (A) the continued presence of the idle structure would benefit the marine environment on, under, or in the immediate vicinity of the 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 abandoned 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 immediate vicinity of the idle structure. (4) Exemption from removal If the Secretary of the Interior, in consultation with the Administrator, 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 structure associated with such determination if the lessee, right-of-way holder, or owner— (A) files a notice of intent with the Bureau of Safety and Environmental Enforcement and the United States Army Corps of Engineers in which the lessee, right-of-way holder, or owner commits to entering the idle structure in the Program; (B) initiates discussions with a wildlife and fisheries agency or other regulatory authority of the State of which the extended seaward boundary through the exclusive economic zone includes the idle structure regarding potential sites for the artificial reef, pursuant to the notice of intent filed by the lessee, right-of-way holder, or owner under subparagraph (A); (C) not later than 2 years after the date the lessee, right-of-way holder, or owner files a notice of intent under subparagraph (A)— (i) permanently plugs, abandons, secures, and seals each well associated with the idle structure; and (ii) flushes each involved pipeline of all hydrocarbons and fills each such pipeline with seawater; and (D) agrees to accept all liability with respect to the idle structure until— (i) the idle structure is reefed in place under section 207(a) of the National Fishing Enhancement Act of 1984; and (ii) the lessee, right-of-way holder, or owner has transferred liability for the idle structure to a Federal or State agency. . (c) Offshore oil and gas platforms and pipelines database The Secretary of the Interior, acting through the Director of the Bureau of Safety and Environmental Enforcement, shall create and maintain an Offshore Infrastructure Dashboard for the Gulf of Mexico region that shall— (1) be updated not less frequently than every 6 months; (2) be made available to the public; and (3) contain information regarding the decommissioning of oil and gas platforms and pipelines and the potential of such oil and gas platforms and pipelines for reef in place (as defined in section 5(k)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(k)(1) ), as added by this section) including— (A) the number of oil and gas platforms in the Gulf of Mexico region; (B) the number and approximate location of each oil and gas platform that— (i) is eligible for decommissioning pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1301 et seq. ); and (ii) has an approved decommissioning plan and a planned disposition pursuant to such Act, including— (I) if the oil and gas platform will be entered into the artificial reef program authorized under the National Fishing Enhancement Act of 1984 ( 33 U.S.C. 2101 et seq. ) (referred to in this section as the Program ); (II) if the oil and gas platform will not be entered into the Program, a reason for not doing so; and (III) each oil and gas platform granted an exemption from removal under section 5(k)(4) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(k)(4) ), as added by this section; and (C) the length in miles and approximate location of each— (i) section of oil and gas pipeline that is eligible for decommissioning pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1301 et seq. ); and (ii) oil and gas pipeline with an approved decommissioning plan pursuant to such Act.