16 U.S.C. § 1220d — ‘‘Obsolete ship’’ defined

Page 1651 TITLE 16—CONSERVATION § 1220d 1 So in original. Probably should be ‘‘an’’. AMENDMENTS 2006—Par. (4). Pub. L. 109–163 amended par. (4) gen- erally. 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 sec- tion 1220c–1 of this title) with the State taking delivery of such obsolete ships at fleetside of the National De- fense 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 pre- ceding par. (1) and in par. (4), and substituted ‘‘may transfer’’ for ‘‘shall transfer’’ in provisions preceding par. (1). § 1220b. Obsolete ships available; number; equi- table administration A State may apply for more than one obsolete ship under this chapter. The Secretary shall, however, taking into account the number of ob- solete ships which may be or become available for transfer under this chapter, administer this chapter in an equitable manner with respect to the various States. (Pub. L. 92–402, § 5, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), Nov. 8, 1984, 98 Stat. 3397.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–623 substituted ‘‘obsolete ships’’ for ‘‘Liberty ships’’ wherever appearing. § 1220c. Denial of applications; finality of deci- sion A decision by the Secretary denying any appli- cation for a 1 obsolete ship under this chapter is final. (Pub. L. 92–402, § 6, Aug. 22, 1972, 86 Stat. 618; Pub. L. 98–623, title II, § 207(1), Nov. 8, 1984, 98 Stat. 3397.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–623 substituted ‘‘obsolete ship’’ for ‘‘Liberty ship’’. § 1220c–1. Financial assistance to State to pre- pare transferred ship (a) Assistance authorized The Secretary, subject to the availability of appropriations, may provide, to any State to which an obsolete ship is transferred under this chapter, financial assistance to prepare the ship for use as an artificial reef, including for— (1) environmental remediation; (2) towing; and (3) sinking. (b) Amount of assistance The Secretary shall determine the amount of assistance under this section with respect to an obsolete ship based on— (1) the total amount available for providing assistance under this section; (2) the benefit achieved by providing assist- ance for that ship; and (3) the cost effectiveness of disposing of the ship by transfer under this chapter and provi- sion of assistance under this section, com- pared to other disposal options for that ship. (c) Terms and conditions The Secretary— (1) shall require a State seeking assistance under this section to provide cost data and other information determined by the Sec- retary to be necessary to justify and document the assistance; and (2) may require a State receiving such as- sistance to comply with terms and conditions necessary to protect the environment and the interests of the United States. (d) Limitation The Secretary may not provide assistance under this section to a foreign country to which an obsolete ship is transferred under this chap- ter. (Pub. L. 92–402, § 7, as added Pub. L. 107–314, div. C, title XXXV, § 3504(a)(1)(B), Dec. 2, 2002, 116 Stat. 2754; amended Pub. L. 111–84, div. C, title XXXV, § 3513(b), Oct. 28, 2009, 123 Stat. 2724.) Editorial Notes PRIOR PROVISIONS A prior section 7 of Pub. L. 92–402 was renumbered section 8 and is classified to section 1220d of this title. AMENDMENTS 2009—Subsec. (d). Pub. L. 111–84 added subsec. (d). § 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. (Pub. L. 92–402, § 8, formerly § 7, as added Pub. L. 98–623, title II, § 207(4), Nov. 8, 1984, 98 Stat. 3397; renumbered § 8, Pub. L. 107–314, div. C, title XXXV, § 3504(a)(1)(A), Dec. 2, 2002, 116 Stat. 2754.) CHAPTER 26—ESTUARINE AREAS Sec. 1221. Congressional declaration of policy. 1222. General study and inventory of estuaries and their natural resources. 1223. Agreements with States and subdivisions; eq- uitable sharing of costs; development im- provements; availability of appropriations; State hunting and fishing laws applicable. 1224. Commercial and industrial development con- siderations; reports to Congress; rec- ommendations. 1225. State consideration of protection and restora- tion of estuaries in State comprehensive planning and proposals for financial assist- ance under certain Federal laws; grants: terms and conditions, prohibition against disposition of lands without approval of the Secretary.