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Title 16 — Conservation

Chapter 25B — Reefs for Marine Life Conservation

§ 1220a. Transfer of title; terms and conditions

Statutory text

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 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.

Footnotes

  1. 1 See References in Text note below.

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.

  1. Pub. L. 92–402 § 4 · 86 Stat. 617

    Enacted · 16 U.S.C. § 1220a

    Pub. L. 92–402, § 4, Aug. 22, 1972, 86 Stat. 618

    Source evidence

    Code source credit
    Pub. L. 92–402, § 4, Aug. 22, 1972, 86 Stat. 618

    Enacted provision · exact public law section
    Sec. 4. If, after consideration of such comments and views as are received pursuant to section 3(c), the Secretary finds that the use of Liberty snips 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 shall transfer without consideration to the State all right, title, and interest of the United States in and to any Liberty ships which are available for transfer under this Act 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 with the State taking delivery of such Liberty ships at fleetside of the National Defense Deserve Fleet in an “as is—where is” condition.

  2. National Fishing Enhancement Act of 1984

    Pub. L. 98–623 title II § 207(1) · 98 Stat. 3394

    1. Substituted · 16 U.S.C. § 1220a

      Pub. L. 98–623 substituted “obsolete ships” for “Liberty ships” wherever appearing in provisions preceding par. (1) and in par. (4)

    2. Substituted · 16 U.S.C. § 1220a

      Pub. L. 98–623 substituted “may transfer” for “shall transfer” in provisions preceding par. (1)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) by striking out “Liberty” each place it appears in sections 3, 4, 5, and 6 and inserting in lieu thereof “obsolete”;

  3. Pub. L. 107–314 div. C title XXXV § 3504(a)(2) · 116 Stat. 2458

    Inserted · 16 U.S.C. § 1220a(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Section 4(4) of such Act (16 U.S.C. 1220a(4)) is amended by inserting “(except for any financial assistance provided under section 7)” after “at no cost to the Government”.

  4. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. C title XXXV § 3505(c) · 119 Stat. 3136

    Amended · 16 U.S.C. § 1220a(4)

    Pub. L. 109–163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “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 evidence

    Code amendment note
    Par. (4). Pub. L. 109–163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “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.”

    Enacted provision · exact public law section
    (c) Transfer of Title of Obsolete Vessels to Be Disposed of as Artificial Reefs.— Paragraph (4) of section 4 of the Act entitled “An Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce, and for related purposes” (Public Law 92–402; 16 U.S.C. 1220a) is amended to read as follows: “(4) the transfer would be at no cost to the Government (except for any financial assistance provided under section 1220(c)(1) 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.” .

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 1220(c)(1) of this title, referred to in par. (4), probably means section 7 of Pub. L. 92–402, which is classified to section 1220c–1 of this title.

Amendments1984–2006 · 3 rounds

2006

Par. (4). Pub. L. 109–163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “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.”

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).

Credits

1972–2006 · 4 acts
  1. 1972Pub. L. 92–402, § 4, , 86 Stat. 618
  2. 1984Pub. L. 98–623, title II, § 207(1), (3), , 98 Stat. 3397
  3. 2002Pub. L. 107–314, div. C, title XXXV, § 3504(a)(2), , 116 Stat. 2754
  4. 2006Pub. L. 109–163, div. C, title XXXV, § 3505(c), , 119 Stat. 3552.
Show as published

(Pub. L. 92–402, § 4, , 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), (3), , 98 Stat. 3397; Pub. L. 107–314, div. C, title XXXV, § 3504(a)(2), , 116 Stat. 2754; Pub. L. 109–163, div. C, title XXXV, § 3505(c), , 119 Stat. 3552.)

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