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40 U.S.C. § 558 — Donation of forfeited vessels

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 341 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section permits the Federal Government to donate forfeited vessels to eligible educational institutions with specified vessel-safety programs. It imposes required conditions on the donation and removes Government liability for transfer or use.

(a) A vessel forfeited to the Federal Government may be donated under this subtitle’s procedures to an eligible institution under subsection (b).
(b) An eligible institution is an educational institution with a commercial-fishing-vessel safety program or another vessel-safety, education, and training program. It must certify to the Federal officer making the donation that the program includes at least these vessel-safety courses: (1) vessel stability; (2) firefighting; (3) shipboard first aid; (4) marine safety and survival; and (5) seamanship rules of the road.
(c) Terms and conditions. The Federal officer may set appropriate terms and conditions, but must require:
(1) No warranty. The institution accepts the vessel as is, where it is, without any warranty or representation about its condition or suitability.
(2) Maintenance. The institution must maintain it.
(3) Instruction only. It may be used only to teach students in a vessel-safety education and training program.
(4) Documentation. If eligible for documentation, the institution must document it as a United States vessel under chapter 121 of title 46, and the paragraph (5) requirements must appear on its permanent record.
(5) Disposal. The institution must get the General Services Administrator’s approval before disposing of it, and disposal proceeds must be paid to the Government.
(6) Inspection or regulation. It must be inspected or regulated like a nautical-school vessel under chapter 33 of title 46.
(d) Government liability. The Government is not liable in an action arising from transferring or using a vessel transferred under this section.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—

A vessel that is forfeited to the Federal Government may be donated, in accordance with procedures under this subtitle, to an eligible institution described in subsection (b).

(b)Eligible Institution.—

An eligible institution referred to in subsection (a) is an educational institution with a commercial fishing vessel safety program or other vessel safety, education and training program. The institution must certify to the federal officer making the donation that the program includes, at a minimum, all of the following courses in vessel safety:

(1)

Vessel stability.

(2)

Firefighting.

(3)

Shipboard first aid.

(4)

Marine safety and survival.

(5)

Seamanship rules of the road.

(c)Terms and Conditions.—

The donation of a vessel under this section shall be made on terms and conditions considered appropriate by the federal officer making the donation. All of the following terms and conditions are required:

(1)No warranty.—

The institution must accept the vessel as is, where it is, and without warranty of any kind and without any representation as to its condition or suitability for use.

(2)Maintenance.—

The institution is responsible for maintaining the vessel.

(3)Instruction only.—

The vessel may be used only for instructing students in a vessel safety education and training program.

(4)Documentation.—

If the vessel is eligible to be documented, it must be documented by the institution as a vessel of the United States under chapter 121 of title 46. The requirements of paragraph (5) must be noted on the permanent record of the vessel.

(5)Disposal.—

The institution must obtain prior approval from the Administrator of General Services before disposing of the vessel and any proceeds from disposal shall be payable to the Government.

(6)Inspection or regulation.—

The vessel shall be inspected or regulated in the same manner as a nautical school vessel under chapter 33 of title 46.

(d)Government Liability.—

The Government is not liable in an action arising out of the transfer or use of a vessel transferred under this section.

Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1103

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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