Page:United States Statutes at Large Volume 86.djvu/660
618 46 USC 1114. Liberty ships,
use as artificial reefs.
PUBLIC LAW 92-402-AUG, 22, 1972
regulations promulgated by the Secretary of Commerce pursuant to section 204(b) of this Act". SEC. 3. (a) Any State may apply to the Secretary of Commerce (hereafter referred to in this Act as the "Secretary") for Liberty ships which, but for the operation of this Act, 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 Liberty ships under this Act 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 Act, 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. SEC. 4. If, after consideration of such cominmits and views as aie received pursuant to section 3(c), the Secretary finds that the use of Liberty ships proposed by a State will not violate any Federal law. contribute to degradation of the marine environment, create midue interference with commercial fishing or navigation, and is not frivolous, he shall transfer without consideration to the State all rij^ht, title, and interest of the United States in and to any I--iberty shi])S which are available for transfer under this Act 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 Ignited States; and (4) the transfer would be at no cost to the Government with the State taking delivery of such Liberty ships at fleetside of the Xational Defense Reserve Fleet in an "as is—where is" condition. SEC. 5. A State may apply for more than one Liberty ship under this Act. The Secretary shall, however, taking into account the number of Liberty ships which may be or become available for transfer tinder this Act, administer this Act in an equitable manner with respect to the various States. SEC. 6. A decision by the Secretary denying any appli('ati()n foi- a r.(iberty ship under this Act is final. Approved August 22, 1972.