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Mineral Resources Management Division - Rigs to Reefs Workshop

Tiffany Welch

Ms. Welch is a Senior Project Manager with the United States Army Corps of Engineers.

~Submitted by Ms. Welch ~

Permitting Requirements

Section 10 of the River and Harbor Act - regulates work or structures in or affecting navigable waters of the United States. The authority to prevent obstructions to navigation in navigable waters of the United States typically terminates three nautical miles offshore (the Territorial Seas). However, the geographical extent of Corps jurisdiction was extended to artificial islands, installations, and other devices located on the seabed, to the seaward limit of the outer continental shelf, by Section 4(f) of the Outer Continental Shelf Lands Act of 1953, as amended.

Section 10 regulations include special policies and procedures for evaluation of artificial reefs, The Corps must review the applicant's provisions for siting, constructing, monitoring, operating, maintaining, and managing the proposed artificial reef. In addition, the Corps must consider the National Artificial Reef Plan prepared by NOAA, pursuant to section 204 of the National Fishing Enhancement Act of 1984.

Section 404 of the Clean Water Act - regulates the discharge of dredged and fill material into waters of the United States. Examples are excavation and artificial reefs. The authority to prevent such discharges terminates three nautical miles offshore

Research on Subject

None

Experience with Program Outside of California

The Los Angeles District's experience with the Rigs-to-Reefs Program outside of California is limited. It is our understanding other Districts of the Corps process applications for Rigs-to-Reefs as a modification to the original permit because they consider the project to be a change is use. This decision is based, in part, on interpretation of a General Condition of approval, which states "should the permittee wish to cease to maintain the authorized activity or should you [the permittee] desire to abandon it without a good faith transfer, you [the permittee] must obtain a modification of this permit from this office, which may require restoration of the area.

Position on Rigs-to-Reefs

According to our implementing regulations, we are neither for or against a project proposal. 
We are a neutral party.