Title 16 — Conservation
Chapter 25B — Reefs for Marine Life Conservation
§ 1220. State applications for obsolete ships for use as offshore reefs
Statutory text
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.
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.
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.
United States territory, possession, or Commonwealth; foreign country
Any 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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 92–402 § 3 · 86 Stat. 617
Enacted · 16 U.S.C. § 1220
Pub. L. 92–402, § 3, Aug. 22, 1972, 86 Stat. 618
Source evidence
Code source credit
Pub. L. 92–402, § 3, Aug. 22, 1972, 86 Stat. 618Enacted provision · exact public law section
Sec. 3. (a) Any State may apply to the Secretary of Commerce (hereafter referred to in this Act as the “Secretary”) for Liberty ships which, but for the operation of this Act, 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) A State shall apply for Liberty ships under this Act 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) Before taking any action with respect to an application submitted under this Act, 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.National Fishing Enhancement Act of 1984
Pub. L. 98–623 § 207 · 98 Stat. 3394
Substituted · 16 U.S.C. § 1220(a); 16 U.S.C. § 1220(b)
Pub. L. 98–623, § 207, substituted “Secretary of Transportation” for “Secretary of Commerce” wherever appearing
Substituted · 16 U.S.C. § 1220(a); 16 U.S.C. § 1220(b)
Pub. L. 98–623, § 207, substituted “obsolete ships” for “Liberty ships” wherever appearing
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 98–623, § 207, substituted “Secretary of Transportation” for “Secretary of Commerce” and “obsolete ships” for “Liberty ships”, wherever appearing.Enacted provision · exact public law section
SEC. 207. USE OF CERTAIN VESSELS AS ARTIFICIAL REEFS. The Act entitled “An Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce and for other purposes”, approved August 22, 1972 (16 U.S.C. 1220–1220c), is amended— (1) by striking out “Liberty” each place it appears in sections 3, 4, 5, and 6 and inserting in lieu thereof “obsolete”; (2) by striking out “Commerce” in 16 USC 1220. section 3 and inserting in lieu thereof “Transportation”; (3) by striking out “shall” in the matter preceding paragraph 16 USC 1220a. (1) in section 4 and inserting in lieu thereof “may”, and (4) by adding at the end thereof the following new section: “Sec. 7. For purposes of sections 3, 4, 5, and 6, the term ‘obsolete 16 USC 1220d. 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 preser-vation in the national defense reserve fleet and has been designated as an artificial reef candidate.”.National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. C title XXXV § 3513(a) · 123 Stat. 2190
Added · 16 U.S.C. § 1220(d)
Pub. L. 111–84 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 111–84 added subsec. (d).Enacted provision · exact public law section
(a) In General.— Section 3 of Public Law 92–402 (16 U.S.C. 1220) is amended by adding at the end thereof the following: “(d) Any 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).” .
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments1984–2009 · 2 rounds
2009
Subsec. (d). Pub. L. 111–84 added subsec. (d).
1984
Subsecs. (a), (b). Pub. L. 98–623, § 207, substituted “Secretary of Transportation” for “Secretary of Commerce” and “obsolete ships” for “Liberty ships”, wherever appearing.
Statutory Notes and Related Subsidiaries
Environmental Best Management Practices for Preparing Vessels for Use as Artificial Reefs
Pub. L. 107–314, div. C, title XXXV, § 3504(b), , 116 Stat. 2754, as amended by Pub. L. 108–136, div. C, title XXXV, § 3516, , 117 Stat. 1795, provided that:
“(1) Not later than , the Secretary of Transportation, acting through the Maritime Administration, and the Administrator of the Environmental Protection Agency shall jointly develop guidance recommending environmental best management practices to be used in the preparation of vessels for use as artificial reefs.
“(2) The guidance recommending 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 recommended 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) promote consistent use of such practices nationwide;
“(C) provide a basis 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 guidance for Federal agencies for the preparation of vessels for use as artificial reefs.
“(5) Not later than , the Secretary of Transportation, acting through the Maritime Administration, and the Administrator of the Environmental Protection Agency shall jointly establish an application process for governments of States, commonwealths, and United States territories and possession, and foreign governments, for the preparation of vessels for use as artificial reefs, including documentation and certification requirements for that application process.
“(6) 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 [1654A–490]) [54 U.S.C. 308704 note]. The report shall describe such practices, and may include such other matters as the Secretary considers appropriate.”
Credits
1972–2009 · 3 acts
- 1972Pub. L. 92–402, § 3, , 86 Stat. 618
- 1984Pub. L. 98–623, title II, § 207(1), (2), , 98 Stat. 3397
- 2009Pub. L. 111–84, div. C, title XXXV, § 3513(a), , 123 Stat. 2724.
Show as published
(Pub. L. 92–402, § 3, , 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), (2), , 98 Stat. 3397; Pub. L. 111–84, div. C, title XXXV, § 3513(a), , 123 Stat. 2724.)