116 STAT. 2754 PUBLIC LAW 107-314—DEC. 2, 2002 16 USC 1220d. 16 USC 1220 note. Deadline. (1) by adding at the end of subsection (d) the following: "(4) The Secretary may obtain independent analysis of an application for a guarantee or commitment to guarantee under this title."; and (2) in subsection (f) by inserting "(including for obtaining independent analysis under subsection (d)(4))" after "applications for a guarantee". SEC. 3504, PREPARATION AS ARTIFICIAL REEFS AND SCRAPPING OF OBSOLETE VESSELS. (a) FiNANeiAL ASSISTANCE TO STATES FOR PREPARATION OF TRANSFERRED OBSOLETE SHIPS FOR USE AS ARTIFICIAL REEFS. — (1) Public Law 92-402 (16 U.S.C. 1220 et seq.) is amended— (A) by redesignating section 7 as section 8; and (B) by inserting after section 6 the following new section 7: 16 USC 1220C-1. "SEC. 7. FINANCIAL ASSISTANCE TO STATE TO PREPARE TRANS- FERRED SHIP. "(a) ASSISTANCE AUTHORIZED. —The Secretary, subject to the availability of appropriations, may provide, to any State to which an obsolete ship is transferred under this Act, financial assistance to prepare the ship for use as an artificial reef, including for— "(1) environmental remediation; "(2) towing; and "(3) sinking. "(b) AMOUNT OF ASSISTANCE. — The Secretary shall determine the amount of assistsmce 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 Act and provision of assistance under this section, compared to other disposal options for that ship. "(c) TERMS AND CONDITIONS. —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.". (2) Section 4(4) of such Act (16 U.S.C. 1220a(4)) is amended by inserting "(except for any financial assistance provided under section 7)" after "at no cost to the Government". (b) ENVIRONMENTAL BEST MANAGEMENT PRACTICES FOR PRE- PARING VESSELS FOR USE AS ARTIFICIAL REEFS. —(1) Not later than September 30, 2003, the Secretary of Transportation, acting through the Maritime Administration, and the Administrator of the Environmental Protection Agency shall jointly develop environmental best management practices to be used in the preparation of vessels for use as artificial reefs. (2) The 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.
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