§ 1220c–1. Financial assistance to State to prepare transferred ship

• (a) 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) 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 assistance for that ship; and
  • (3) the cost effectiveness of disposing of the ship by transfer under this chapter and provision of assistance under this section, compared to other disposal options for that ship.
• (c) The Secretary—
  • (1) shall require a State seeking assistance under this section to provide cost data and other information determined by the Secretary to be necessary to justify and document the assistance; and
  • (2) may require a State receiving such assistance to comply with terms and conditions necessary to protect the environment and the interests of the United States.
• (d) The Secretary may not provide assistance under this section to a foreign country to which an obsolete ship is transferred under this chapter.

§ 1201. Declaration of purposes; Secretary’s cooperation with and assistance to States

For the purposes of conserving and protecting the fish and shellfish resources in the coastal waters of the United States and the Commonwealth of Puerto Rico, and promoting and safeguarding water-based recreation for present and future generations in these waters, the Secretary of Commerce is authorized to cooperate with, and provide assistance to, the States in controlling and eliminating jellyfish, commonly referred to as “sea nettles”, and other such pests and in conducting research for the purposes of controlling floating seaweed in such waters.

§ 1202. Authority of Secretary; studies, research, and investigations; control measures; execution of program; other actions; costs

• (1) to conduct, directly or by contract, such studies, research, and investigations, as he deems desirable, to determine the abundance and distribution of jellyfish and other such pests and their effects on fish and shellfish and water-based recreation,
• (2) to conduct studies of control measures of such pests and of floating seaweed,
• (3) to carry out, based on studies made pursuant to this chapter, a program of controlling or eliminating such pests and such seaweed, and
• (4) to take such other actions as the Secretary deems desirable: Provided , That the costs of such actions shall be borne equally by the Federal Government and by the States and the Commonwealth of Puerto Rico, acting jointly or severally.

§ 1203. Authorization of appropriations

There is authorized to be appropriated not to exceed $500,000 for the fiscal year ending June 30, 1968 , $750,000 for the fiscal year ending June 30, 1969 , $1,000,000 for the period beginning July 1, 1969 , and ending June 30, 1973 , and $400,000 for each of the fiscal years ending June 30, 1974 , June 30, 1975 , June 30, 1976 , and June 30, 1977 .

§ 1204. Compacts

The Congress consents to any compact or agreement between any two or more States for the purpose of carrying out a program of research, study, investigation, and control of jellyfish and other such pests in the coastal waters of the United States. The right to alter, amend, or repeal this section or the consent granted herein is expressly reserved.

§ 1205. General authority of Secretary for conducting studies, research, and investigations unaffected

Nothing in this chapter shall be construed to alter, amend, repeal, modify, or diminish the present general authority of the Secretary of Commerce to conduct studies, research, and investigations related to the mission of the Department of Commerce.

§ 1211. Congressional statement of purpose

For the purpose of conserving and protecting coral reef resources of the tropical islands of interest 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 Secretary of the Smithsonian Institution are authorized to cooperate with and provide assistance 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).

§ 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 investigations, 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 desirable to gain an understanding of the ecology and control of the seastar “Crown of Thorns”.

§ 1213. Authorization of appropriations

For the purpose of carrying out the provisions of this chapter, there is authorized to be appropriated for the period commencing on September 26, 1970 , and ending June 30, 1975 , not to exceed $4,500,000.

§ 1220. State applications for obsolete ships for use as offshore reefs

• (a) 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) 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) 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) 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 be performed in a manner consistent with the process jointly developed by the Secretary of Transportation and the Administrator of the Environmental Protection Agency under section 3504(b) of Public Law 107–314 ( 16 U.S.C. 1220 note).

§ 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 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 1 See References in Text note below. 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.

§ 1220b. Obsolete ships available; number; equitable administration

A State may apply for more than one obsolete ship under this chapter. The Secretary shall, however, taking into account the number of obsolete 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.

§ 1220c. Denial of applications; finality of decision

A decision by the Secretary denying any application for a 1 1 So in original. Probably should be “an”. obsolete ship under this chapter is final.

§ 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.