Page:United States Statutes at Large Volume 120.djvu/1691

 120 STAT. 1660

PUBLIC LAW 109–304—OCT. 6, 2006

organizations as the court shall determine are organized exclusively for public purposes. ‘‘(b) OTHER EQUIPMENT.—At the Secretary’s discretion, additional equipment from other obsolete vessels of the Fleet may be conveyed to assist the recipient with maintenance, repairs, or modifications. ‘‘(c) ADDITIONAL TERMS.—The Secretary may require any additional terms the Secretary considers appropriate. ‘‘(d) DELIVERY OF VESSEL.—If conveyance is made under this section, the vessel shall be delivered to the recipient at a time and place to be determined by the Secretary. The vessel shall be conveyed in an ‘as is’ condition. ‘‘(e) LIMITATIONS.—If at any time prior to delivery of the vessel to the recipient, the Secretary determines that a different disposition of the vessel would better serve the interests of the Government, the Secretary shall pursue the more favorable disposition of the obsolete vessel and shall not be liable for any damages that may result from an intended recipient’s reliance upon a proposed transfer. ‘‘(f) REVERSION.—The Secretary shall include in any conveyance under this section terms under which all right, title, and interest conveyed by the Secretary shall revert to the Government if the Secretary determines the vessel has been used other than as described in the business plan required under subsection (a)(5). ‘‘§ 57104. Acquisition of vessels from sale of obsolete vessels ‘‘(a) IN GENERAL.—The Secretary of Transportation may acquire suitable documented vessels with amounts in the Vessel Operations Revolving Fund derived from the sale of obsolete vessels in the National Defense Reserve Fleet. ‘‘(b) VALUATION.—The acquired and obsolete vessels shall be valued at their scrap value in domestic or foreign markets as of the date of the acquisition for or sale from the Fleet. However, the value assigned to those vessels shall be determined on the same basis, with consideration given to the fair value of the cost of moving the vessel sold from the Fleet to the place of scrapping. ‘‘(c) COSTS INCIDENT TO LAY-UP.—Costs incident to the layup of the vessel acquired under this section may be paid from amounts in the Fund. ‘‘(d) TRANSFERS TO NON-CITIZENS.—A vessel sold from the Fleet under this section may be scrapped in an approved foreign market without obtaining additional separate approval from the Secretary to transfer the vessel to a person not a citizen of the United States. ‘‘§ 57105. Acquisition of vessels for essential services, routes, or lines ‘‘(a) IN GENERAL.—The Secretary of Transportation may acquire a vessel, by purchase or otherwise, if— ‘‘(1) the Secretary considers the vessel necessary to establish, maintain, improve, or serve as a replacement on an essential service, route, or line in the foreign commerce of the United States, as determined under section 50103 of this title; ‘‘(2) the vessel was constructed in the United States; and ‘‘(3) the Secretary of the Navy has certified to the Secretary of Transportation that the vessel is suitable for economical and speedy conversion into a naval or military auxiliary or

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