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10 U.S.C. § 8675 — Vessels stricken from Naval Vessel Register: sale

submitted 33 years ago by Pub. L. 103-160 to r/title-10-ARMED-FORCES · 337 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Navy must appraise each vessel it strikes from the Register. If selling a vessel serves the national interest, the Secretary may sell it through public bidding or negotiated offers. This selling process does not apply to vessels disposed of under certain other federal property laws.

(a) Appraisal — The Secretary of the Navy must appraise every vessel struck from the Register under section 8674.

(b) Authority To Sell — If the Secretary decides selling a vessel serves the national interest, the Secretary may sell it, following regulations the Secretary sets for this purpose.

(c) Procedures for Sale — (1) A struck vessel not covered by another disposal law may be sold under this section. (2) The Secretary may either: (A) sell to the highest acceptable bidder — regardless of the appraised value — after advertising the sale publicly for at least 30 days; or (B) subject to paragraph (3), sell through competitive negotiation to the offeror whose bid is most advantageous to the United States, weighing price and other factors the Secretary picks. (3) Before starting negotiations under (2)(B), the Secretary must publish notice of that intent in the Commerce Business Daily early enough that interested parties have a fair chance to prepare and submit proposals. The Secretary must let all acceptable offerors whose proposals seem most advantageous take part in the negotiations.

(d) Applicability — This section does not apply to a vessel whose disposal is instead authorized under subtitle I of title 40 and most of division C of subtitle I of title 41 (except for a specific list of sections), if it's being disposed of under those laws.

the actual law source: uscode.house.gov ↗public domain
(a)Appraisal of Vessels Stricken From Naval Vessel Register.—

The Secretary of the Navy shall appraise each vessel stricken from the Naval Vessel Register under section 8674 of this title.

(b)Authority To Sell Vessel.—

If the Secretary considers that the sale of the vessel is in the national interest, the Secretary may sell the vessel. Any such sale shall be in accordance with regulations prescribed by the Secretary for the purposes of this section.

(c)Procedures for Sale.—
(1)

A vessel stricken from the Naval Vessel Register and not subject to disposal under any other law may be sold under this section.

(2)

In such a case, the Secretary may—

(A)

sell the vessel to the highest acceptable bidder, regardless of the appraised value of the vessel, after publicly advertising the sale of the vessel for a period of not less than 30 days; or

(B)

subject to paragraph (3), sell the vessel by competitive negotiation to the acceptable offeror who submits the offer that is most advantageous to the United States (taking into account price and such other factors as the Secretary determines appropriate).

(3)

Before entering into negotiations to sell a vessel under paragraph (2)(B), the Secretary shall publish notice of the intention to do so in the Commerce Business Daily sufficiently in advance of initiating the negotiations that all interested parties are given a reasonable opportunity to prepare and submit proposals. The Secretary shall afford an opportunity to participate in the negotiations to all acceptable offerors submitting proposals that the Secretary considers as having the potential to be the most advantageous to the United States (taking into account price and such other factors as the Secretary determines appropriate).

(d)Applicability.—

This section does not apply to a vessel the disposal of which is authorized by subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, if it is to be disposed of under those provisions.

Source credit: (Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1708, § 7305; amended Pub. L. 105–85, div. A, title X, § 1021, Nov. 18, 1997, 111 Stat. 1875; Pub. L. 107–217, § 3(b)(28), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–136, div. A, title X, § 1045(a)(7), Nov. 24, 2003, 117 Stat. 1612; Pub. L. 111–350, § 5(b)(53), Jan. 4, 2011, 124 Stat. 3847; renumbered § 8675 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(2), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-160 · 107 Stat. 1708
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1875
  • 2002Amended · Pub. L. 107-217 · 116 Stat. 1297
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1612
  • 2011Amended · Pub. L. 111-350 · 124 Stat. 3847
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-160 on 1993-11-30.

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