Amendments
2009—Subsec. (d). Puspan. L. 111–84 added subsec. (d).
1984—Subsecs. (a), (span). Puspan. L. 98–623, § 207, substituted “Secretary of Transportation” for “Secretary of Commerce” and “obsolete ships” for “Liberty ships”, wherever appearing.
Environmental Best Management Practices for Preparing Vessels for Use as Artificial Reefs
Puspan. L. 107–314, div. C, title XXXV, § 3504(span), Dec. 2, 2002, 116 Stat. 2754, as amended by Puspan. L. 108–136, div. C, title XXXV, § 3516, Nov. 24, 2003, 117 Stat. 1795, provided that:“(1) Not later than March 31, 2004, the Secretary of Transportation, acting through the Maritime Administration, and the Administrator of the Environmental Protection Agency shall jointly develop guidance recommending environmental best management practices to be used in the preparation of vessels for use as artificial reefs.
“(2) The guidance recommending environmental best management practices under paragraph (1) shall be developed 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 preparation 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 nationwide;
“(C) provide a basis for estimating the costs associated with the preparation of vessels for use as artificial reefs; and
“(D) include mechanisms to enhance the utility of the Artificial Reefing Program of the Maritime Administration 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 Administration, and the Administrator of the Environmental Protection Agency shall jointly establish an application process for governments of States, commonwealths, 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 management practices developed under paragraph (1) through the existing ship disposal reporting requirements in section 3502 of Floyd D. Spence National Defense Authorization 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 practices, and may include such other matters as the Secretary considers appropriate.”
