USC Chapter 25b

in effect

16 U.S.C. § 1220 State applications for obsolete ships for use as offshore reefs

(a) Conservation of marine lifeAny 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 requirementsA 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 viewsBefore 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. (d) United States territory, possession, or Commonwealth; foreign countryAny territory, possession, or Commonwealth of the United States, and any foreign country, may apply to the Secretary for an obsolete vessel to be used for an artificial reef under this section. The application process and reefing of any such obsolete vessel shall be performed in a manner consistent with the process jointly developed by the Secretary of Transportation and the Administrator of the Environmental Protection Agency under section 3504(b) of Public Law 107–314 (16 U.S.C. 1220 note).

16 U.S.C. § 1220a Transfer of title; terms and conditions

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 1220(c)(1) 11 See References in Text note below. of this title) with the State taking delivery of such obsolete ships and titles in an “as-is—where-is” condition at such place and time designated as may be determined by the Secretary of Transportation.

16 U.S.C. § 1220b Obsolete ships available; number; equitable administration

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.

16 U.S.C. § 1220c Denial of applications; finality of decision

A decision by the Secretary denying any application for a 11 So in original. Probably should be “an”. obsolete ship under this chapter is final.

16 U.S.C. § 1220c–1 Financial assistance to State to prepare transferred ship

(a) Assistance authorizedThe 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 assistanceThe 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 conditionsThe 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. (d) LimitationThe Secretary may not provide assistance under this section to a foreign country to which an obsolete ship is transferred under this chapter.

16 U.S.C. § 1220d “Obsolete ship” defined

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.