; and (D) the idle structure poses no risk to the marine environment on, under, or in the immediate vicinity of the idle structure. (4) Exemption from removal If the Secretary of the Interior, in consultation with the Administrator, makes an affirmative determination under paragraph (3), the Secretary of the Interior may not require a lessee, right-of-way holder, or owner of an idle structure to remove the idle structure associated with such determination if the lessee, right-of-way holder, or owner— (A) files a notice of intent with the Bureau of Safety and Environmental Enforcement and the United States Army Corps of Engineers in which the lessee, right-of-way holder, or owner commits to entering the idle structure in the Program; (B) initiates discussions with a wildlife and fisheries agency or other regulatory authority of the State of which the extended seaward boundary through the exclusive economic zone includes the idle structure regarding potential sites for the artificial reef, pursuant to the notice of intent filed by the lessee, right-of-way holder, or owner under subparagraph (A); (C) not later than 2 years after the date the lessee, right-of-way holder, or owner files a notice of intent under subparagraph (A)— (i) permanently plugs, abandons, secures, and seals each well associated with the idle structure; and (ii) flushes each involved pipeline of all hydrocarbons and fills each such pipeline with seawater; and (D) agrees to accept all liability with respect to the idle structure until— (i) the idle structure is reefed in place under section 207(a) of the National Fishing Enhancement Act of 1984