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10 U.S.C. § 8676b — Vessels stricken from Naval Vessel Register: transfer by gift or otherwise for use as artificial reefs

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10 U.S.C. § 8676b — Vessels stricken from Naval Vessel Register: transfer by gift or otherwise for use as artificial reefs

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Source file: Laws/federal/codes/united-states-code/title-10/section-8676b-vessels-stricken-from-naval-vessel-register-transfer-by-gift-or-otherwis--252b3f1329.md
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Source location: Title 10, Chapter 863, § 8676b; chapter-863-naval-vessels.md

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**(a) Authority To Make Transfer.—** The Secretary of the Navy may transfer, by gift or otherwise, any vessel stricken from the Naval Vessel Register to any State, Commonwealth, or possession of the United States, or any municipal corporation or political subdivision thereof, for use as provided in subsection (b). **(b) Vessel To Be Used as Artificial Reef.—** An agreement for the transfer of a vessel under subsection (a) shall require that— (1) the recipient use, site, construct, monitor, and manage the vessel only as an artificial reef in accordance with the requirements of the National Fishing Enhancement Act of 1984 ([33 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2101&num=0&edition=prelim) et seq.), except that the recipient may use the artificial reef to enhance diving opportunities if that use does not have an adverse effect on fishery resources (as that term is defined in section 3(14) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1802(14)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802/14&num=0&edition=prelim))); and (2) the recipient obtain, and bear all responsibility for complying with, applicable Federal, State, interstate, and local permits for using, siting, constructing, monitoring, and managing the vessel as an artificial reef. **(c) Preparation of Vessel for Use as Artificial Reef.—** The Secretary shall ensure that the preparation of a vessel transferred under subsection (a) for use as an artificial reef is conducted in accordance with— (1) the environmental best management practices developed pursuant to section 3504(b) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; [16 U.S.C. 1220](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1220&num=0&edition=prelim) note); and (2) any applicable environmental laws. **(d) Cost Sharing.—** The Secretary may share with the recipient of a vessel transferred under subsection (a) any costs associated with transferring the vessel under that subsection, including costs of the preparation of the vessel under subsection (c). **(e) No Limitation on Number of Vessels Transferable to Particular Recipient.—** A State, Commonwealth, or possession of the United States, or any municipal corporation or political subdivision thereof, may be the recipient of more than one vessel transferred under subsection (a). **(f) Additional Terms and Conditions.—** The Secretary may require such additional terms and conditions in connection with a transfer authorized by subsection (a) as the Secretary considers appropriate. **(g) Construction.—** Nothing in this section shall be construed to establish a preference for the use as artificial reefs of vessels stricken from the Naval Vessel Register in lieu of other authorized uses of such vessels, including the domestic scrapping of such vessels, or other disposals of such vessels, under this chapter or other applicable authority.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2101 — Congressional statement of findings and purpose

**(a)** The Congress finds that— (1) although fishery products provide an important source of protein and industrial products for United States consumption, United States fishery production annually falls far short of satisfying United States demand; (2) overfishing and the degradation of vital fishery resource habitats have caused a reduction in the abundance and diversity of United States fishery resources; (3) escalated energy costs have had a negative effect on the economics of United States commercial and recreational fisheries; (4) commercial and recreational fisheries are a prominent factor in United States coastal economies and the direct and indirect returns to the United States economy from commercial and recreational fishing expenditures are threefold; and (5) properly designed, constructed, and located artificial reefs in waters covered under this chapter can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies. **(b)** The purpose of this chapter is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this chapter.

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10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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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.

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16 U.S.C. § 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. **(d) 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

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10 U.S.C. § 8676b — Vessels stricken from Naval Vessel Reg-

Page 3332 TITLE 10—ARMED FORCES § 8676b Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8676b. Vessels stricken from Naval Vessel Reg- ister: transfer by gift or otherwise for use as artificial reefs (a) AUTHORITY TO MAKE TRANSFER.—The Sec- retary of the Navy may transfer, by gift or oth- erwise, any vessel stricken from the Naval Ves- sel Register to any State, Commonwealth, or possession of the United States, or any munic- ipal corporation or political subdivision thereof, for use as provided in subsection (b). (b) VESSEL TO BE USED AS ARTIFICIAL REEF.— An agreement for the transfer of a vessel under subsection (a) shall require that— (1) the recipient use, site, construct, mon- itor, and manage the vessel only as an artifi- cial reef in accordance with the requirements of the National Fishing Enhancement Act of 1984 (33 U.S.C. 2101 et seq.), except that the re- cipient may use the artificial reef to enhance diving opportunities if that use does not have an adverse effect on fishery resources (as that term is defined in section 3(14) of the Magnu- son-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1802(14))); and (2) the recipient obtain, and bear all respon- sibility for complying with, applicable Fed- eral, State, interstate, and local permits for using, siting, constructing, monitoring, and managing the vessel as an artificial reef. (c) PREPARATION OF VESSEL FOR USE AS ARTIFI- CIAL REEF.—The Secretary shall ensure that the preparation of a vessel transferred under s

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1220 — State applications for obsolete ships for

Page 1649 TITLE 16—CONSERVATION § 1220 Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secretary of the Interior and substitution of Depart- ment of Commerce for Department of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 1201 of this title. CHAPTER 25A—CROWN OF THORNS STARFISH Sec. 1211. Congressional statement of purpose. 1212. Investigation and control of crown of thorns starfish. 1213. Authorization of appropriations. § 1211. Congressional statement of purpose For the purpose of conserving and protecting coral reef resources of the tropical islands of in- terest and concern to the United States in the Pacific and safeguarding critical island areas from possible erosion and to safeguard future recreational and esthetic uses of Pacific coral reefs, the Secretary of Commerce and the Sec- retary of the Smithsonian Institution are au- thorized to cooperate with and provide assist- ance to the governments of the State of Hawaii, the territories and possessions of the United States, including Guam and American Samoa, the Trust Territory of the Pacific Islands, and other island possessions of the United States, in the study and control of the seastar ‘‘Crown of Thorns’’ (Acanthaster planci). (Pub. L. 91–427, § 1, Sept. 26, 1970, 84 Stat. 884; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of Commerce’’ substituted in text for ‘‘Secretary of the Interior’’ in view of: creation of Na- tional Oceanic and Atmospheric Administration in De- partment of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commer- cial Fisheries in Department of the Interior and Off

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1802 — Definitions

As used in this chapter, unless the context otherwise requires— (1) The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters. (2) The term “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program. (3) The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) who is engaged in recreational fishing. (4) The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade. (5) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that— (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis; (ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and (iii) there will be a multiplicity of options available with respect to future uses of these resources. (6) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territor

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16 U.S.C. § 1802 — Definitions

Page 1999 TITLE 16—CONSERVATION § 1802 (b) In addition to the Co-Chairs, the Seafood Trade Task Force shall include the following members, or their designees: (i) the Secretary of State; (ii) the Secretary of the Interior; (iii) the Secretary of Agriculture; (iv) the Secretary of Homeland Security; (v) the Director of the Office of Management and Budget; (vi) the Assistant to the President for Economic Pol- icy; (vii) the Assistant to the President for Domestic Pol- icy; (viii) the Chairman of the Council of Economic Advis- ers; (ix) the Under Secretary of Commerce for Inter- national Trade; (x) the Commissioner of Food and Drugs; (xi) the Administrator of NOAA; and (xii) the heads of such other agencies and offices as the Co-Chairs may designate. (c) Within 90 days of the date of this order, the Sea- food Trade Task Force shall provide recommendations to the Office of the United States Trade Representative in the preparation of a comprehensive interagency sea- food trade strategy that identifies opportunities to im- prove access to foreign markets through trade policy and negotiations, resolves technical barriers to United States seafood exports, and otherwise supports fair market access for United States seafood products. (d) Within 90 days of the date on which the Seafood Trade Task Force provides the recommendations de- scribed in subsection (c) of this section, the Office of the United States Trade Representative, in consulta- tion with the Trade Policy Staff Committee and the Seafood Trade Task Force, shall submit to the Presi- dent, through the Assistant to the President for Eco- nomic Policy and the Assistant to the President for Do- mestic Policy, the comprehensive interagency seafood trade strategy described in subsection (c) of this

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2101 — Congressional statement of findings and

Page 684 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2073 (b) Liability of vessel for civil penalty; seizure of vessel Every vessel subject to this chapter, other than a public vessel being used for noncommer- cial purposes, that is operated in violation of this chapter, or of any regulation issued there- under, or in violation of a certificate of alter- native compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found. (c) Assessment of civil penalty by Secretary; col- lection The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation in- volved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or com- promised, the Secretary may request the Attor- ney General to commence an action in the ap- propriate district court of the United States for collection of the penalty as assessed, without re- gard to the amount involved, together with such other relief as may be appropriate. (d) Withholding of clearance (1) If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to be- lieve that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the T

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