Collapse to view only § 1220. State applications for obsolete ships for use as offshore reefs
- § 1220. State applications for obsolete ships for use as offshore reefs
- § 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
- § 1220d. “Obsolete ship” defined
§ 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
(d) United States territory, possession, or Commonwealth; foreign country
(Pub. L. 92–402, § 3, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), (2), Nov. 8, 1984, 98 Stat. 3397; Pub. L. 111–84, div. C, title XXXV, § 3513(a), Oct. 28, 2009, 123 Stat. 2724.)
§ 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) 1
1 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.(Pub. L. 92–402, § 4, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), (3), Nov. 8, 1984, 98 Stat. 3397; Pub. L. 107–314, div. C, title XXXV, § 3504(a)(2), Dec. 2, 2002, 116 Stat. 2754; Pub. L. 109–163, div. C, title XXXV, § 3505(c), Jan. 6, 2006, 119 Stat. 3552.)
§ 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.
(Pub. L. 92–402, § 5, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), Nov. 8, 1984, 98 Stat. 3397.)
§ 1220c. Denial of applications; finality of decision
A decision by the Secretary denying any application for a 1
1 So in original. Probably should be “an”.
obsolete ship under this chapter is final.(Pub. L. 92–402, § 6, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), Nov. 8, 1984, 98 Stat. 3397.)
§ 1220c–1. Financial assistance to State to prepare transferred ship
(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.
(d) Limitation
(Pub. L. 92–402, § 7, as added Pub. L. 107–314, div. C, title XXXV, § 3504(a)(1)(B), Dec. 2, 2002, 116 Stat. 2754; amended Pub. L. 111–84, div. C, title XXXV, § 3513(b), Oct. 28, 2009, 123 Stat. 2724.)
§ 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.
(Pub. L. 92–402, § 8, formerly § 7, as added Pub. L. 98–623, title II, § 207(4), Nov. 8, 1984, 98 Stat. 3397; renumbered § 8, Pub. L. 107–314, div. C, title XXXV, § 3504(a)(1)(A), Dec. 2, 2002, 116 Stat. 2754.)