Sec. 2. Permits for construction and management of artificial reefs
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/bill/113/s/1079/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 205 of the National Fishing Enhancement Act of 1984 ( 33 U.S.C. 2104 ) is amended— by redesignating subsections
(b)through
(e)as subsections
(d)through (g), respectively; and by striking subsection
(a)and inserting the following: In issuing a permit for an artificial reef under section 10 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 3, 1899 (commonly known as the Rivers and Harbors Appropriation Act of 1899 ) (33 U.S.C. 403), section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ), or section 4(e) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(e) ), the Secretary shall— consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties; ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this Act; ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; ensure that a State assuming liability under subparagraph
(C)has established an artificial reef maintenance fund; and consider the plan developed under section 204 and notify the Secretary of Commerce of any need to deviate from that plan. Not later than 180 days after the date of enactment of this paragraph, the Directors shall promulgate regulations that expedite the review of a final application such that a decision is rendered not later than 150 days after the date on which the application is submitted. Not later than 180 days after the date of enactment of the Artificial Reef Promotion Act of 2013 , the Commanding General shall promulgate regulations that expedite the review of a final application by the Secretary such that a decision is rendered not later than 120 days after the date on which the application is submitted. Not later than 1 year after the date of enactment of the Artificial Reef Promotion Act of 2013 , the Commanding General shall, in consultation with the Directors and appropriate State agencies, designate not fewer than 20 artificial reef planning areas. Of the artificial reef planning areas described in subparagraph (A)— 6 shall be located outside the seaward boundary of the State of Texas; 6 shall be located outside the seaward boundary of the State of Louisiana; 3 shall be located outside the seaward boundaries of the State of Alabama and State of Mississippi; and 5 shall be located outside the seaward boundary of the State of Florida. The sites described in subparagraph
(A)include any artificial reef planning area existing on the day before the date of enactment of the Artificial Reef Promotion Act of 2013 if the boundaries and area of the site are modified to meet the requirements of this Act. The Directors shall, in consultation with the Commanding General and appropriate State agencies— ensure that each artificial reef planning area described in paragraph (1)(A)— is sited a reasonable proximity to the shoreline, as determined by the Directors; and includes as many platforms as practical, as determined by the Directors; and determine the appropriate size and boundaries for each site. Each artificial reef planning area described in paragraph (1)(A) shall be not smaller than 12 contiguous lease blocks. Clause
(i)shall apply to any artificial reef planning area existing before, on, or after the date of enactment of the Artificial Reef Promotion Act of 2013 . Not later than 180 days after the date of enactment of the Artificial Reef Promotion Act of 2013 , the Director of the Bureau of Safety and Environmental Enforcement shall promulgate a regulation that regulates the distance between platforms used as artificial reefs. The distance contained in the regulation described in subparagraph
(A)shall be not greater than 2 miles. Of the artificial reef planning areas described in paragraph (1)(A)— not fewer than 10 shall be located at a water depth of— not less than 100 feet; and not greater than 200 feet; and not fewer than 10 shall be located at a water depth of greater than 200 feet. The Commanding General shall, in consultation with the Directors and appropriate State agencies, designate artificial reef planning areas, where practicable, at a water depth of not greater than 100 feet. A person to whom a permit is issued under subsection (a)(1) shall— construct the artificial reef in an artificial reef site located in an artificial reef planning area described in paragraph (1)(A); comply with— any regulation promulgated by the Director of the Bureau of Safety and Environmental Enforcement relating to reef planning; the plan developed under section 204; and any applicable plan developed by a State; and if the person owns platforms, not later than 180 days after the date on which the Commanding General designates the artificial reef planning areas under paragraph (1), submit to the Director of the Bureau of Safety and Environmental Enforcement and appropriate State agencies notice that identifies 20 percent of the platforms to be used as artificial reefs. A person described in subparagraph (A)(iii) shall include in a final application the artificial reef planning area and the artificial reef site in which the platforms described in subparagraph (A)(iii) will be located. The area and site described in clause
(i)shall be consistent with the depth requirements in paragraph (4). If the Director of the Bureau of Safety and Environmental Enforcement or appropriate State agency determines that the area or site chosen by the person under clause
(i)is filled to capacity, the person shall choose a different area or site. No regulation shall require that an artificial reef planning area described in paragraph (1)(A) be filled to capacity with platforms before another artificial reef planning area is established. The Secretary shall, in consultation with the Secretary of the department in which the Coast Guard is operating, promulgate regulations for the minimum water depth required to cover an artificial reef. If the minimum water depth described in clause
(i)is not greater than 85 feet, the Secretary of the department in which the Coast Guard is operating shall— evaluate each artificial reef site to ensure that the site is properly marked to reduce any navigational hazard; not later than 30 days on which a final application is submitted, review the application to ensure that the artificial reef site will contain the markings described in subclause (I); indicate on appropriate nautical charts the location of each artificial reef planning area and artificial reef site; and provide mariners with notice of the location of each artificial reef site in a manner that the Secretary of the department in which the Coast Guard is operating determines is appropriate. Not later than 3 years after the date of enactment of the Artificial Reef Promotion Act of 2013 , the Director of the Bureau of Safety and Environmental Enforcement, shall review the artificial reef planning areas described in paragraph (1)(A) to determine the effectiveness of using decommissioned platforms as artificial reefs. The Regional Supervisor shall give preference to a final application. Any regulation in effect on the date of enactment of the Artificial Reef Promotion Act of 2013 that governs the decommissioning or removal of a platform that is not being decommissioned for use as an artificial reef shall continue to govern the decommissioning or removal of the platform. .
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Sec. 2
Permits for construction and management of artificial reefs
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