§ 1220. — State applications for obsolete ships for use as offshore reefs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1220]
TITLE 16--CONSERVATION
CHAPTER 25B--REEFS FOR MARINE LIFE CONSERVATION
Sec. 1220. State applications for obsolete ships for use as
offshore reefs
(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.
(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.)
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.''
Section Referred to in Other Sections
This section is referred to in sections 1220a, 1220d of this title.
