2011 US Code
Title 16 - Conservation
Chapter 25B - REEFS FOR MARINE LIFE CONSERVATION (§§ 1220 - 1220d)
Section 1220a - Transfer of title; terms and conditions
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 16 - CONSERVATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 16 - CONSERVATION CHAPTER 25B - REEFS FOR MARINE LIFE CONSERVATION Sec. 1220a - Transfer of title; terms and conditions |
Contains | section 1220a |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 86 Stat. 618 98 Stat. 3397 116 Stat. 2754 119 Stat. 3552 |
Public Law References | Public Law 92-402, Public Law 98-623, Public Law 107-314, Public Law 109-163 |
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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 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.
(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.)
References in TextSection 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.
Amendments2006—Par. (4). Pub. L. 109–163 amended par. (4) generally. 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 section 1220c–1 of this title) with the State taking delivery of such obsolete ships at fleetside of the National Defense 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 preceding par. (1) and in par. (4), and substituted “may transfer” for “shall transfer” in provisions preceding par. (1).
1 See References in Text note below.
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