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 ``decommissioning'' includes 
        the flushing, plugging, and cementing of a platform.
            (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 ``Notice 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 Mexico 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 National Fishing Enhancement 
        Act of 1984 (33 U.S.C. 2101 et seq.).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. USE OF CERTAIN OFFSHORE OIL AND GAS PLATFORMS 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 populations 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 substantial reef ecosystem in the 
        vicinity of the platform, the decommissioning of the platform 
        under the Notice shall be placed on hold until such time as the 
        Secretary determines that decommissioning the platform would 
        not harm the reef ecosystem.
    (c) Exemption From Certain Requirements.--The requirement in the 
Notice that a lessee remove a platform 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 applicable States regarding 
        potential sites for the artificial reef.
    (d) Reefing in Place.--A lessee may, as appropriate, 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 Federal water for a structure 
        covered by the State program.
            (2) Maintenance.--Notwithstanding an agreement 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 level, if appropriate identifying 
markers are used to protect navigation.
    (g) Maintenance and Financial Requirements.--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 removal of the platform 
        that the owner would have been responsible for if the owner had 
        not participated in the Program, as determined by the 
        Secretary.
    (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 administered by the Secretary, to be available 
        without fiscal year limitation and not subject to 
        appropriation, for the maintenance of artificial reefs 
        established under the Program.
            (2) Transfers to fund.--The Fund shall consist of such 
        amounts deposited in the Fund under subsection (g)(2).
            (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 Appropriations of the Senate, the 
                Committee on Energy and Natural Resources of the 
                Senate, and the Committee on Natural Resources of the 
                House of Representatives a report on the operation of 
                the Fund during the fiscal year.
                    (B) Contents.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                            (i) A statement of the amounts deposited 
                        into the Fund.
                            (ii) A description of the expenditures made 
                        from the Fund for the fiscal year, including 
                        the purpose of the expenditures.
                            (iii) Recommendations for additional 
                        authorities to fulfill the purpose of the Fund.
                            (iv) A statement of the balance remaining 
                        in the Fund at the end of the fiscal year.
Rigs to Reefs Habitat Protection Act - Directs the Secretary of the Interior to assess each offshore oil and gas platform in the Gulf of Mexico that is no longer useful for operations, and has become critical for a marine fisheries habitat, to: (1) determine whether there are coral populations or other protected species in the platform's vicinity, and (2) identify any species in the vicinity that have recreational or commercial value.

Prohibits the removal of any such platforms until the Secretary has completed each assessment.

Requires suspension of the decommissioning of a platform if a substantial reef ecosystem is in the vicinity until the Secretary determines that decommissioning would not harm the ecosystem.

Exempts from certain platform removal deadlines any lessees who: (1) commit to entering a particular platform in the artificial reef program under the National Fishing Enhancement Act of 1984, and (2) initiate discussions with applicable states regarding potential artificial reef sites.

Allows a lessee to provide for reefing in place under the artificial reef program.

Permits states with a state rig-to-reef program to enter agreements with any appropriate entities to assume liability in federal water for a structure covered by the state program.

Establishes a Reef Maintenance Fund. Requires the owner of a rig enrolled in the artificial reef program to: (1) maintain a rig anode system, and (2) pay into the Fund 50% of the estimated platform removal costs for which the owner would have been responsible if it had not participated in the program.
To authorize the use of certain offshore oil and gas platforms in the Gulf of Mexico for artificial reefs, and for other purposes.