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16 USC CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION

.

-HEAD-

CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION

-MISC1-

Sec.

1220. State applications for obsolete ships for use as offshore

reefs.

(a) Conservation of marine life.

(b) Manner and form of applications; minimum

requirements.

(c) Copies to Federal officers for official comments

and views.

1220a. Transfer of title; terms and conditions.

1220b. Obsolete ships available; number; equitable administration.

1220c. Denial of applications; finality of decision.

1220c-1. Financial assistance to State to prepare transferred ship.

(a) Assistance authorized.

(b) Amount of assistance.

(c) Terms and conditions.

1220d. ''Obsolete ship'' defined.

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16 USC Sec. 1220 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION

-HEAD-

Sec. 1220. State applications for obsolete ships for use as

offshore reefs

-STATUTE-

(a) Conservation of marine life

Any State may apply to the Secretary of Transportation (hereafter

referred to in this chapter as the ''Secretary'') for obsolete

ships which, but for the operation of this chapter, would be

designated by the Secretary for scrapping if the State intends to

sink such ships for use as an offshore artificial reef for the

conservation of marine life.

(b) Manner and form of applications; minimum requirements

A State shall apply for obsolete ships under this chapter in such

manner and form as the Secretary shall prescribe, but such

application shall include at least (1) the location at which the

State proposes to sink the ships, (2) a certificate from the

Administrator, Environmental Protection Agency, that the proposed

use of the particular vessel or vessels requested by the State will

be compatible with water quality standards and other appropriate

environmental protection requirements, and (3) statements and

estimates with respect to the conservation goals which are sought

to be achieved by use of the ships.

(c) Copies to Federal officers for official comments and views

Before taking any action with respect to an application submitted

under this chapter, the Secretary shall provide copies of the

application to the Secretary of the Interior, the Secretary of

Defense, and any other appropriate Federal officer, and shall

consider comments and views of such officers with respect to the

application.

-SOURCE-

(Pub. L. 92-402, Sec. 3, Aug. 22, 1972, 86 Stat. 618; Pub. L.

98-623, title II, Sec. 207(1), (2), Nov. 8, 1984, 98 Stat. 3397.)

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (b). Pub. L. 98-623, Sec. 207, substituted

''Secretary of Transportation'' for ''Secretary of Commerce'' and

''obsolete ships'' for ''Liberty ships'', wherever appearing.

ENVIRONMENTAL BEST MANAGEMENT PRACTICES FOR PREPARING VESSELS FOR

USE AS ARTIFICIAL REEFS

Pub. L. 107-314, div. C, title XXXV, Sec. 3504(b), Dec. 2, 2002,

116 Stat. 2754, provided that:

''(1) Not later than September 30, 2003, the Secretary of

Transportation, acting through the Maritime Administration, and the

Administrator of the Environmental Protection Agency shall jointly

develop environmental best management practices to be used in the

preparation of vessels for use as artificial reefs.

''(2) The environmental best management practices under paragraph

(1) shall be developed in consultation with the heads of other

Federal agencies, and State agencies, having an interest in the use

of vessels as artificial reefs.

''(3) The environmental best management practices under paragraph

(1) shall -

''(A) include practices for the preparation of vessels for use

as artificial reefs to ensure that vessels so prepared will be

environmentally sound in their use as artificial reefs;

''(B) ensure that such practices are consistent nationwide;

''(C) establish baselines for estimating the costs associated

with the preparation of vessels for use as artificial reefs; and

''(D) include mechanisms to enhance the utility of the

Artificial Reefing Program of the Maritime Administration as an

option for the disposal of obsolete vessels.

''(4) The environmental best management practices developed under

paragraph (1) shall serve as national guidelines to be used by

Federal agencies for the preparation of vessels for use as

artificial reefs.

''(5) The Secretary of Transportation shall submit to Congress a

report on the environmental best management practices developed

under paragraph (1) through the existing ship disposal reporting

requirements in section 3502 of Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 (as enacted into law by

Public Law 106-398; 1654A-492) (16 U.S.C. 5405 note). The report

shall describe such practices, and may include such other matters

as the Secretary considers appropriate.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1220a, 1220d of this

title.

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16 USC Sec. 1220a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION

-HEAD-

Sec. 1220a. Transfer of title; terms and conditions

-STATUTE-

If, after consideration of such comments and views as are

received pursuant to section 1220(c) of this title, the Secretary

finds that the use of obsolete ships proposed by a State will not

violate any Federal law, contribute to degradation of the marine

environment, create undue interference with commercial fishing or

navigation, and is not frivolous, he may transfer without

consideration to the State all right, title, and interest of the

United States in and to any obsolete ships which are available for

transfer under this chapter if -

(1) the State gives to the Secretary such assurances as he

deems necessary that such ships will be utilized and maintained

only for the purposes stated in the application and, when sunk,

will be charted and marked as a hazard to navigation;

(2) the State agrees to secure any licenses or permits which

may be required under the provisions of any other applicable

Federal law;

(3) the State agrees to such other terms and conditions as the

Secretary shall require in order to protect the marine

environment and other interests of the United States; and

(4) the transfer would be at no cost to the Government (except

for any financial assistance provided under section 1220c-1 of

this title) with the State taking delivery of such obsolete ships

at fleetside of the National Defense Reserve Fleet in an ''as is

- where is'' condition.

-SOURCE-

(Pub. L. 92-402, Sec. 4, Aug. 22, 1972, 86 Stat. 618; Pub. L.

98-623, title II, Sec. 207(1), (3), Nov. 8, 1984, 98 Stat. 3397;

Pub. L. 107-314, div. C, title XXXV, Sec. 3504(a)(2), Dec. 2,

2002, 116 Stat. 2754.)

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AMENDMENTS

2002 - Par. (4). Pub. L. 107-314 inserted ''(except for any

financial assistance provided under section 1220c-1 of this

title)'' after ''at no cost to the Government''.

1984 - Pub. L. 98-623 substituted ''obsolete ships'' for

''Liberty ships'' wherever appearing in provisions preceding par.

(1) and in par. (4), and substituted ''may transfer'' for ''shall

transfer'' in provisions preceding par. (1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1220d of this title.

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16 USC Sec. 1220b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION

-HEAD-

Sec. 1220b. Obsolete ships available; number; equitable

administration

-STATUTE-

A State may apply for more than one obsolete ship under this

chapter. The Secretary shall, however, taking into account the

number of obsolete ships which may be or become available for

transfer under this chapter, administer this chapter in an

equitable manner with respect to the various States.

-SOURCE-

(Pub. L. 92-402, Sec. 5, Aug. 22, 1972, 86 Stat. 618; Pub. L.

98-623, title II, Sec. 207(1), Nov. 8, 1984, 98 Stat. 3397.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-623 substituted ''obsolete ships'' for

''Liberty ships'' wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1220d of this title.

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16 USC Sec. 1220c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION

-HEAD-

Sec. 1220c. Denial of applications; finality of decision

-STATUTE-

A decision by the Secretary denying any application for a

(FOOTNOTE 1) obsolete ship under this chapter is final.

(FOOTNOTE 1) So in original. Probably should be ''an''.

-SOURCE-

(Pub. L. 92-402, Sec. 6, Aug. 22, 1972, 86 Stat. 618; Pub. L.

98-623, title II, Sec. 207(1), Nov. 8, 1984, 98 Stat. 3397.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-623 substituted ''obsolete ship'' for ''Liberty

ship''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1220d of this title.

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16 USC Sec. 1220c-1 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION

-HEAD-

Sec. 1220c-1. Financial assistance to State to prepare transferred

ship

-STATUTE-

(a) Assistance authorized

The Secretary, subject to the availability of appropriations, may

provide, to any State to which an obsolete ship is transferred

under this chapter, financial assistance to prepare the ship for

use as an artificial reef, including for -

(1) environmental remediation;

(2) towing; and

(3) sinking.

(b) Amount of assistance

The Secretary shall determine the amount of assistance under this

section with respect to an obsolete ship based on -

(1) the total amount available for providing assistance under

this section;

(2) the benefit achieved by providing assistance for that ship;

and

(3) the cost effectiveness of disposing of the ship by transfer

under this chapter and provision of assistance under this

section, compared to other disposal options for that ship.

(c) Terms and conditions

The Secretary -

(1) shall require a State seeking assistance under this section

to provide cost data and other information determined by the

Secretary to be necessary to justify and document the assistance;

and

(2) may require a State receiving such assistance to comply

with terms and conditions necessary to protect the environment

and the interests of the United States.

-SOURCE-

(Pub. L. 92-402, Sec. 7, as added Pub. L. 107-314, div. C, title

XXXV, Sec. 3504(a)(1)(B), Dec. 2, 2002, 116 Stat. 2754.)

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PRIOR PROVISIONS

A prior section 7 of Pub. L. 92-402 was renumbered section 8 and

is classified to section 1220d of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1220a of this title.

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16 USC Sec. 1220d 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION

-HEAD-

Sec. 1220d. ''Obsolete ship'' defined

-STATUTE-

For purposes of sections 1220, 1220a, 1220b, and 1220c of this

title, the term ''obsolete ship'' means any vessel owned by the

Department of Transportation that has been determined to be of

insufficient value for commercial or national defense purposes to

warrant its maintenance and preservation in the national defense

reserve fleet and has been designated as an artificial reef

candidate.

-SOURCE-

(Pub. L. 92-402, Sec. 8, formerly Sec. 7, as added Pub. L. 98-623,

title II, Sec. 207(4), Nov. 8, 1984, 98 Stat. 3397; renumbered Sec.

8, Pub. L. 107-314, div. C, title XXXV, Sec. 3504(a)(1)(A), Dec.

2, 2002, 116 Stat. 2754.)

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