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 Office of Director of such Bureau; transfers of functions, in- cluding functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fish- eries or were primarily related to such Bureau, exclu- sive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1212. Investigation and control of crown of thorns starfish In carrying out the purposes of this chapter, the Secretary of Commerce and the Secretary of the Smithsonian Institution are authorized to— (1) conduct such studies, research, and inves- tigations, as they deem desirable to determine the causes of the population increase of the ‘‘Crown of Thorns’’, their effects on corals and coral reefs, and the stability and regeneration of reefs following predation; (2) to monitor areas where the ‘‘Crown of Thorns’’ may be increasing in numbers and to determine future needs for control; (3) to develop improved methods of control and to carry out programs of control in areas where these are deemed necessary; and (4) to take such other actions as deemed de- sirable to gain an understanding of the ecol- ogy and control of the seastar ‘‘Crown of Thorns’’. (Pub. L. 91–427, § 2, 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 Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, see note set out under section 1211 of this title. § 1213. Authorization of appropriations For the purpose of carrying out the provisions of this chapter, there is authorized to be appro- priated for the period commencing on Sep- tember 26, 1970, and ending June 30, 1975, not to exceed $4,500,000. (Pub. L. 91–427, § 3, Sept. 26, 1970, 84 Stat. 884.) CHAPTER 25B—REEFS FOR MARINE LIFE CONSERVATION Sec. 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 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 scrap- ping if the State intends to sink such ships for use as an offshore artificial reef for the con- servation 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 cer- tificate 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 Page 1650 TITLE 16—CONSERVATION § 1220a 1 See References in Text note below. 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 com- ments 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 Com- monwealth; foreign country Any territory, possession, or Commonwealth of the United States, and any foreign country, may apply to the Secretary for an obsolete ves- sel 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 de- veloped by the Secretary of Transportation and the Administrator of the Environmental Protec- tion Agency under section 3504(b) of Public Law 107–314 (16 U.S.C. 1220 note). (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.) Editorial Notes AMENDMENTS 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 Com- merce’’ and ‘‘obsolete ships’’ for ‘‘Liberty ships’’, wher- ever 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), Dec. 2, 2002, 116 Stat. 2754, as amended by Pub. L. 108–136, div. C, title XXXV, § 3516, Nov. 24, 2003, 117 Stat. 1795, pro- vided that: ‘‘(1) Not later than March 31, 2004, the Secretary of Transportation, acting through the Maritime Adminis- tration, and the Administrator of the Environmental Protection Agency shall jointly develop guidance rec- ommending environmental best management practices to be used in the preparation of vessels for use as artifi- cial reefs. ‘‘(2) The guidance recommending environmental best management practices under paragraph (1) shall be de- veloped 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 prepa- ration 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 na- tionwide; ‘‘(C) provide a basis for estimating the costs associ- ated with the preparation of vessels for use as artifi- cial reefs; and ‘‘(D) include mechanisms to enhance the utility of the Artificial Reefing Program of the Maritime Ad- ministration 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 March 31, 2004, the Secretary of Transportation, acting through the Maritime Adminis- tration, and the Administrator of the Environmental Protection Agency shall jointly establish an applica- tion process for governments of States, common- wealths, 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 manage- ment practices developed under paragraph (1) through the existing ship disposal reporting requirements in section 3502 of Floyd D. Spence National Defense Au- thorization 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 prac- tices, and may include such other matters as the Sec- retary considers appropriate.’’ § 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 vio- late any Federal law, contribute to degradation of the marine environment, create undue inter- ference 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 obso- lete ships which are available for transfer under this chapter if— (1) the State gives to the Secretary such as- surances 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 pro- visions 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 assist- ance 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 des- ignated as may be determined by the Sec- retary 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.) 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.