H.R. 5745

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5745 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5745

To promote fish habitat through the enhancement of certain offshore oil 
and gas platforms and pipelines as artificial reefs, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 14, 2025

Mr. Ezell (for himself, Mr. Carter of Louisiana, and Mr. Veasey) 
introduced the following bill; which was referred to the Committee on 
Natural Resources

_______________________________________________________________________

A BILL

To promote fish habitat through the enhancement of certain offshore oil 
and gas platforms and pipelines as artificial reefs, and for other 
purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Marine Fisheries Habitat Protection 
Act''.

SEC. 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:

``SEC. 206. DEFINITIONS.

``In this title:
``(1) 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.
``(2) Artificial reef.--The term `Artificial reef' means a 
structure or facility and associated equipment and 
infrastructure which is located, constructed or placed in 
Covered Waters that enhances fishery resources and commercial 
and recreational fishing opportunities, including, without 
limitation, Approved Structures.
``(3) Director.--The term `Director' means the Principal 
Deputy Director Exercising the Delegated Authorities of the 
Director of the Bureau of Safety and Environmental Enforcement.
``(4) Decommissioning.--For the purposes of this title, 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, without limitation, 
Reefing in Place of Approved Structures, or removal of 
platforms and structures, or a combination thereof.
``(5) Established reef ecosystem.--The term `established 
reef ecosystem' means an area with identified reef-associated 
species, including species of corals, crustaceans, fish, or 
other marine life.
``(6) Approved structure.--The term `approved structure' 
means an Eligible Structure which the Secretary of the Interior 
has approved for Reefing in Place pursuant to Section 
207(a)(5)(B).
``(7) Eligible structure.--The term `eligible structure' 
refers to an Inactive Structure that is determined eligible for 
Reefing in Place by the Director pursuant to Section 207(a)(3).
``(8) Inactive structure.--The term `inactive structure' 
means an oil or gas platform, structure, facility, pipeline, 
and associated equipment and infrastructure--
``(A) that either--
``(i) an Applicant determines is no longer 
useful for operations;
``(ii) is located on a lease, right-of-way, 
right-of-use and entry or other similar right 
that has expired, terminated, been relinquished 
or abandoned or is no longer valid and 
effective; or
``(iii) is currently on the sea floor as a 
result of an act of God or event of force 
majeure.
``(9) Partial removal.--The term `Partial Removal' means--
``(A) the severance and removal of a portion of an 
Inactive Structure at a level that maximizes the 
vertical relief of the structure in the water column at 
the minimum depth from the surface 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 Inactive Structure on the sea floor in 
proximity to the base of the unsevered portion of the 
structure or at an alternative reef planning area.
``(10) Reef in place.--The term `Reef in Place' or `Reefing 
in Place' means Decommissioning of an Approved Structure, in 
whole or in part, by abandoning in place, Toppling in Place, or 
Partial Removal of the Approved Structure in a manner that--
``(A) attempts to maximize reef ecosystem for 
benthic and pelagic species throughout the entirety of 
the water column; and
``(B) is at the appropriate minimum depth from the 
surface to maintain navigational safety as determined 
by the Secretary of the Interior in consultation with 
the Commandment of the Coast Guard.
``(11) Applicant.--The term `applicant' refers to a current 
or former lessee, right-of-way holder, right-of-use holder or 
operating rights owner that has assumed operational control or 
regulatory responsibility over an Inactive Structure, or has 
received an order from the Secretary of the Interior to perform 
decommissioning on an Inactive Structure, or is otherwise 
legally responsible for Decommissioning an Inactive Structure. 
Parties that do not meet any of this criteria may apply to the 
Director to be deemed an Applicant for the purposes of this 
title, to the extent that multiple parties meeting the 
definition of Applicant exist, the party designated to the 
Department of the Interior as the single entity to serve as an 
operator or agent for the decommissioning operations shall be 
the Applicant for the purposes of this title.
``(12) 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.
``(13) Topple in place.--The term `Topple in Place' or 
`Toppling in Place' means detaching an Approved Structure or a 
portion of the Approved Structure from the seabed and toppling 
the approved structure or a severed portion of the Approved 
Structure onto its side on the seabed in the same area or 
immediately adjacent to the area where the Approved Structure 
was originally installed or abandoned.
``(14) Covered waters.--The term `Covered Waters' 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.
``(15) State program.--The term `State Program' means any 
State Artificial Reef program authorized under section 207(c).
``(16) Reef planning area.--The term `Reef Planning Area' 
means an area identified and designated as such by the Director 
under section 207(a)(4).'';
(2) by amending section 207 to read as follows:

``SEC. 207. REEF IN PLACE.

``(a) Reef in Place.--An Applicant may elect to Reef in Place the 
Inactive Structure in accordance with the following:
``(1) Notice of intent to reef.--To Reef in Place, an 
Applicant may submit a Notice of Intent to Reef an Inactive 
Structure at any time to the Director.
``(2) Assessment.--Within 180 days of submission of a 
Notice of Intent to Reef under Section 207(a)(1), initiate the 
following assessment.
``(A) In general.--The Director shall, in response 
to an Applicant request, conduct or appoint a State or 
qualified third-party to perform on its behalf, an 
assessment of each Inactive Structure, which shall, 
with respect to each Inactive Structure include an 
assessment of--
``(i) in consultation with the 
Administrator the localized corals, fish 
species, and other marine life that use the 
Inactive Structure as a habitat; and
``(ii) the economic benefits of Reefing in 
Place, including a comparison of the cost to 
replace the Inactive Structure with an 
equivalent cubic volume, including interstitial 
spaces, of appropriate artificial material if 
the Inactive Structure is removed.
``(B) Assessment conducted by applicant.--The 
Director may permit an Applicant to conduct an 
assessment or enter into an agreement with a State or 
qualified third-party to perform on its behalf, an 
assessment report for each Inactive Structure to be 
submitted to the Director, which shall, with respect to 
each Inactive Structure satisfy the assessment criteria 
set forth in subparagraph (2)(A).
``(C) To the extent practicable, the assessment 
under this subparagraph (2) must be completed within 
one year of receipt by the Director of the Notice of 
Intent to Reef.
``(3) Eligibility determination.--Not later than 60 days 
after completion of the assessment conducted under subparagraph 
(2)(A), or receipt by the Director of the assessment report 
conducted under subparagraph (2)(B), the Director, after 
consultation with the Administrator, shall make a formal 
determination that the Inactive Structure is an Eligible 
Structure if--
``(A) there is an Established Reef Ecosystem on, 
under, or in the immediate vicinity of the Inactive 
Structure, or there is potential for a reef ecosystem 
on, under, or in the immediate vicinity of the Inactive 
Structure; and
``(B) Reefing in Place of the Inactive Structure is 
appropriate based on criteria described in the National 
Artificial Reef Plan (as amended) developed pursuant to 
Section 204.
``(4) Designation of reef planning areas.--
``(A) Not later than 90 days after the Director 
determines an Inactive Structure is an Eligible 
Structure pursuant to paragraph (3), the Director, in 
consultation with the associated State Reef Program, 
shall designate the footprint of the Eligible Structure 
or other proposed reefing location, along with any 
surrounding area deemed necessary for Reefing in Place, 
as a Reef Planning Area.
``(B) Designation as a Reef Planning Area under 
subparagraph (4)(A) shall be made by the Director prior 
to any Reef in Place activity.
``(C) Nothing in this paragraph shall be construed 
to require the redesignation of, or otherwise affect, 
any area already serving as a reef permitted area or 
existing Artificial Reef site.
``(5) Approval.--Not later than three years after the date 
on which the Director determines an Inactive Structure is an 
Eligible Structure, the Applicant may Reef in Place if--
``(A) with respect to the Eligible Structure--
``(i) all associated wells have been 
permanently plugged and abandoned pursuant to 
applicable law, including any departures 
approved by the Bureau of Safety and 
Environmental Enforcement;
``(ii) hydrocarbons and other hazardous 
liquids have been removed in accordance with 
applicable laws and regulations;
``(iii) if required by law or regulation, 
the Applicant installs identifying markers to 
protect and aid navigation;
``(iv) the Applicant confirmed there is no 
outstanding responsibility or liability related 
to the Eligible Structure other than 
Decommissioning and related maintenance 
monitoring; and
``(v) the Applicant has transferred, or has 
an agreement to transfer, liability to a State 
agency upon completion of the reefing activity.
``(B) And, the Secretary of the Interior determines 
the criteria in subparagraph 5(A) have been met and the 
Eligible Structure is reasonably sound and secure, upon 
which the Eligible Structure is deemed an Approved 
Structure.
``(6) Annual report.--Not later than one year after the 
date of the enactment of this subsection, and annually 
thereafter, the Director shall submit to the Secretary of the 
Interior, the Administrator, the Committee on Natural Resources 
of the House of Representatives and the Committee on Natural 
Resources of the Senate a report summarizing all actions taken 
in relation to an Inactive Structure under this Section 207 
that occurred in the preceding twelve (12) months, including, 
without limitation, each Notice of Intent to Reef, assessment, 
Eligible Structure determination, Reef Planning Area 
designation, Approved Structure determination, and appeal 
submitted or conducted pursuant to this Section 207, which 
shall include a comprehensive map.
``(7) Withdrawal.--Any Applicant may determine that it will 
not complete Reefing in Place at any time, regardless of 
whether or not it has, or prior Applicants have, completed any 
of the processes described in this Section 207. Any Applicant 
shall be entitled to terminate the processes commenced in this 
Section 207 upon written notice to the Director and remove or 
otherwise Decommission 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 Inactive Structure under any other program 
authorized by the National Fishing Enhancement Act or pursuing 
any other method of Decommissioning.
``(b) Appeals.--Any Applicant aggrieved by a decision made under 
paragraph (a) may submit a written appeal within 60 days of the 
decision to the Director describing 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 program to convert 
inactive structures into artificial reefs may enter into an 
agreement with any applicant to assume responsibility and 
liability no later than one year after a reef planning area is 
designated for an Eligible Structure in Covered Waters in 
exchange for an amount of funds that--
``(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 approved by the State, 
unless the Applicant consents to a greater amount.
``(2) Liability.--Upon acceptance by a State of an Eligible 
structure into a State Program described in subparagraph (1)--
``(A) the Applicant shall have no responsibility or 
liability with respect to the Approved Structure 
following completion of the reefing activity unless 
otherwise agreed to by the Applicant and a State; and
``(B) the State shall be--
``(i) solely responsible for the continued 
maintenance of the Approved structure, 
including maintaining any identifying markers 
installed to protect and aid navigation; 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 U.S.C. 1334) is amended by adding at 
the end the following:
``(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 section 206 of the National Fishing 
Enhancement Act of 1984 (as amended), 33 U.S.C. 2101 et 
seq.
``(B) Removal order.--The term `removal order' 
means any order, notice, or request to fully or 
partially remove an Inactive Structure sent by any 
Federal agent, including, without limitation any order 
to perform decommissioning.
``(2) Prohibition on removal orders.--
``(A) In general.--The Secretary of the Interior 
may not issue or enforce a Removal Order for an 
Inactive Structure during any of the following 
periods--
``(i) Initial notice period.--From the date 
an Applicant submits its first Notice of Intent 
to Reef pursuant to Section 207(a)(1) of the 
National Fishing Enhancement 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 
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 Enhancement Act of 1984 (as 
amended), 33 U.S.C. 2101 et seq., and for a 
period not to exceed three years following such 
determination.
``(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 regulatory procedures for pipeline 
abandonment or decommissioning under the applicable provisions of the 
Code of Federal Regulations. Pipeline abandonment in place shall 
continue to follow established regulatory processes and shall not 
require additional permitting unless the pipeline is specifically 
designated for conversion to an Artificial Reef.''.
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