H.R. 5745

119th CONGRESS 1st Session

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 · Sponsor: Mr. Ezell · Committee: Committee on Natural Resources

Table of contents

• H.R. 5745
  • SEC. 1. Short title
  • SEC. 2. Use of certain offshore oil and gas platforms and pipelines for artificial reefs

SEC. 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 () is amended— 33 U.S.C. 2101 et seq.
    • by amending section 206 () to read as follows: 33 U.S.C. 2105
      • In this title:
        • 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.
        • 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.
        • The term Director means the Principal Deputy Director Exercising the Delegated Authorities of the Director of the Bureau of Safety and Environmental Enforcement.
        • 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.
        • The term established reef ecosystem means an area with identified reef-associated species, including species of corals, crustaceans, fish, or other marine life.
        • 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).
        • 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).
        • The term inactive structure means an oil or gas platform, structure, facility, pipeline, and associated equipment and infrastructure—
        • The term Partial Removal means—
        • The term or 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— Reef in Place,Reefing in Place
        • 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.
        • 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.
        • The term or 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. Topple in Place,Toppling in Place
        • 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 (), to the extent such waters exist in or are adjacent to any State. 43 U.S.C. 1331
        • The term State Program means any State Artificial Reef program authorized under section 207(c).
        • The term Reef Planning Area means an area identified and designated as such by the Director under section 207(a)(4).
    • by amending section 207 to read as follows:
      • (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).
            • 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—
            • 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
            • 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
          • 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.