; (ii) if required by law or regulation, installed identifying markers to protect and aid navigation; (iii) no outstanding responsibility or liability; and (iv) transferred, or has an agreement to transfer, liability to a Federal or State agency. (2) Designation of reef planning areas The Administrator of the National Oceanic and Atmospheric Administration— (A) may designate the immediate vicinity of an idle structure that is reefed in place under paragraph (1) as a reef planning area pursuant to the National Artificial Reef Plan published under section 204; and (B) upon the request of the head of a State program to convert idle structures into artificial reefs, may designate the immediate vicinity of an idle structure that is reefed in place under such program as a reef planning area pursuant to the National Artificial Reef Plan published under section 204. (3) Failure to reef in place Notwithstanding section 5(k)(4) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(k)(4) ), if a lessee, right-of-way holder, or owner of an idle structure does not reef in place the idle structure within the time period described in paragraph (1) for the idle structure, such lessee, right-of-way holder, or owner shall resume decommissioning the idle structure pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) through means other than reefing in place. (b) State programs (1) In general A State that has a program to convert idle structures into artificial reefs may enter into an agreement with any appropriate entity to assume responsibility and liability for an idle structure located in waters covered under this title in exchange for an amount of funds that— (A) is determined by the State