ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 8676b — Vessels stricken from Naval Vessel Register: transfer by gift or otherwise for use as artificial reefs

submitted 23 years ago by Pub. L. 108-136 to r/title-10-ARMED-FORCES · 426 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Navy may give a struck vessel to a state or local government to become an artificial reef. The recipient must follow federal reef and permitting laws and handle all related costs and paperwork. The Navy may share preparation costs, and a recipient can receive more than one vessel.

(a) Authority To Make Transfer — The Secretary of the Navy may transfer, by gift or otherwise, a struck vessel to a state, commonwealth, U.S. possession, or a municipal or political subdivision of one, for the use described in (b).

(b) Vessel To Be Used as Artificial Reef — The transfer agreement must require that: (1) the recipient uses, sites, builds, monitors, and manages the vessel only as an artificial reef under the National Fishing Enhancement Act of 1984 — though the recipient may also let the reef improve diving spots if that doesn't hurt fishery resources as defined in the Magnuson-Stevens Fishery Conservation and Management Act; and (2) the recipient gets, and is fully responsible for, all needed federal, state, interstate, and local permits for using, siting, building, monitoring, and managing the reef.

(c) Preparation of Vessel for Use as Artificial Reef — The Secretary must ensure the vessel is prepared following the environmental best-management practices developed under the Bob Stump National Defense Authorization Act for Fiscal Year 2003, plus any other applicable environmental laws.

(d) Cost Sharing — The Secretary may share transfer-related costs, including preparation costs, with the recipient.

(e) No Limitation on Number of Vessels Transferable to Particular Recipient — A state, commonwealth, possession, or local government may receive more than one transferred vessel.

(f) Additional Terms and Conditions — The Secretary may add any other terms and conditions to a transfer that the Secretary thinks are appropriate.

(g) Construction — Nothing here favors using struck vessels as artificial reefs over other authorized uses, like scrapping them domestically or disposing of them another way under this chapter or other law.

the actual law source: uscode.house.gov ↗public domain
(a)Authority To Make Transfer.—

The Secretary of the Navy may transfer, by gift or otherwise, any vessel stricken from the Naval Vessel Register to any State, Commonwealth, or possession of the United States, or any municipal corporation or political subdivision thereof, for use as provided in subsection (b).

(b)Vessel To Be Used as Artificial Reef.—

An agreement for the transfer of a vessel under subsection (a) shall require that—

(1)

the recipient use, site, construct, monitor, and manage the vessel only as an artificial reef in accordance with the requirements of the National Fishing Enhancement Act of 1984 (33 U.S.C. 2101 et seq.), except that the recipient may use the artificial reef to enhance diving opportunities if that use does not have an adverse effect on fishery resources (as that term is defined in section 3(14) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(14))); and

(2)

the recipient obtain, and bear all responsibility for complying with, applicable Federal, State, interstate, and local permits for using, siting, constructing, monitoring, and managing the vessel as an artificial reef.

(c)Preparation of Vessel for Use as Artificial Reef.—

The Secretary shall ensure that the preparation of a vessel transferred under subsection (a) for use as an artificial reef is conducted in accordance with—

(1)

the environmental best management practices developed pursuant to section 3504(b) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 1220 note); and

(2)

any applicable environmental laws.

(d)Cost Sharing.—

The Secretary may share with the recipient of a vessel transferred under subsection (a) any costs associated with transferring the vessel under that subsection, including costs of the preparation of the vessel under subsection (c).

(e)No Limitation on Number of Vessels Transferable to Particular Recipient.—

A State, Commonwealth, or possession of the United States, or any municipal corporation or political subdivision thereof, may be the recipient of more than one vessel transferred under subsection (a).

(f)Additional Terms and Conditions.—

The Secretary may require such additional terms and conditions in connection with a transfer authorized by subsection (a) as the Secretary considers appropriate.

(g)Construction.—

Nothing in this section shall be construed to establish a preference for the use as artificial reefs of vessels stricken from the Naval Vessel Register in lieu of other authorized uses of such vessels, including the domestic scrapping of such vessels, or other disposals of such vessels, under this chapter or other applicable authority.

Source credit: (Added Pub. L. 108–136, div. A, title X, § 1013(a), Nov. 24, 2003, 117 Stat. 1590, § 7306b; amended Pub. L. 109–364, div. A, title X, § 1071(a)(36), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–84, div. A, title X, § 1073(a)(31), Oct. 28, 2009, 123 Stat. 2474; renumbered § 8676b, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)

history & why it existsrecord from the source credit
  • 2003Enacted · Pub. L. 108-136 · 117 Stat. 1590
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2400
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2474
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-136 on 2003-11-24.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case