An Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce
PL 92-402 (H.R.13324), enacted 08/22/1972

86 STAT. ] 
PUBLIC LAW 92-402-AUG. 22, 1972 
617 
(;•)) ail evaluation of alternative methods of allotting Federal 
funds among the States that desire Federal assistance, mcludinir 
recommendations, if needed for a statutory formula for appor-
tioning Federal funds; and 
(6) a discussion of other problems affecting cooperation among 
the States that relate to effective participation of State agencies 
in the national pipeline safety program. 
The repoi-t shall be prepared by the Secretary after consultation with 
the cooperating State agencies and the national organization of Stati* 
conunissions. 
SEC. 6. Section H(f)(3)(A) of the Department of Transportation 
Act (49 r.S.C. 1.()55(f)(8)(A)) is amended by striking out "and 
pipeline". 
Approved August 22, 1972. 
80 Stat. 940. 
Public Law 92-402 
AN ACT 
To authorize appropriations for tlie fiscal year 1973 for certain maritime pi"0-
grams of the Department of Commerce, and for related purposes. 
August 22, 1972 
[H. R.13324] 
Be H enacted hy the Senate and House of Bepresentatives 
of the 
United States of America in Congress assembled^ That funds are 
hereby authorized to be appropriated without fiscal year limitation 
as the appropriation Act may provide for the use of the Department 
of Commerce, for the fiscal year 1973, as follows: 
(a) acquisition, construction, or reconstruction of vessels and 
construction-differential subsidy and cost of national defense fea-
tures incident to the construction, reconstruction, or recondition-
ing of ships, $280,000,000, of which $30,000,000 is for the purchase 
of modern or reconstructed United States-flag vessels for lay-up 
in the National Defense Keserve Fleet; 
(b) payment of obligations incurred for ship operation sub-
sidies, $232,000,000; 
(c) expenses necessary for research and development activities 
(including reimbursement of the Vessel Operations Revolving 
Fund for losses resulting from expenses of experimental ship 
operation), $30,000,000; 
(d) reserve fleet expenses, $3,900,000; 
(e) maritime training at the Merchant Marine Academy at 
Kin^s Point, New York, $7,854,000; and 
(f) financial assistance to State marine schools, $2,290,000. 
SEC. 2. Section 905 (a) of the Merchant Marine Act, 1936, is amended 
as follows: 
(1) By inserting after the words "except that"' the words "in the 
context of section 607 of this Act concerning capital construction 
funds and". 
(2) By striking out the words "to the extent provided in uniform 
regulations promulgated by the Secretary of Commerce". 
(3) By inserting oefore the period at tne end thereof the w^ords "in 
their operation or in competing for charters, subject to rules and 
Commerce De-
partment maritime 
programs. 
Appropriation 
authorization. 
52 Stat. 964; 
84 Stat. 1034. 
46 u s e 1244. 
84 Stat. 1026. 
46 u s e 1177. 
use as artificial 
reefs. 
Conditions. 
618 
PUBLIC LAW 92-402-AUG, 22, 1972 
[86 STAT. 
regulations promulgated by the Secretary of Commerce pursuant to 
46 use 1114. 
section 204(b) of this Act". 
Liberty ships, 
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 applica-
tion shall include at least (1) the location at which the State proposes 
to sink the ships, (2) a certificate from the Administrator, Environ-
mental 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 sub-
mitted under this Act, the Secretary shall provide copies of the appli-
cation 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) tlie State gives to the Secretary such assurances as he deems 
. 
necessary that such sliips will be utilized and maintained only 
for tlie 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 environ-
ment 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 num-
ber of Liberty ships which may be or become available for transfer 
tinder this Act, administer this Act in an equitable manner with 
i-espect to tlie various States. 
SEC. 6. A decision by the Secretary denying any ai)])li('ati()n foi- a 
r.(iberty ship under this Act is final. 
Approved August 22, 1972.