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10 U.S.C. § 8676 — Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation

submitted 33 years ago by Pub. L. 103-160 to r/title-10-ARMED-FORCES · 377 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Navy may donate a struck or captured vessel to a state or nonprofit as a museum or memorial. The government has no liability for injuries on the donated vessel and no duty to fund its upkeep. The donation and the ship's eventual disposal must cost the Department of Defense nothing.

(a) Authority to Make Transfer — The Secretary of the Navy may donate all rights to a vessel struck from the Register, or a captured vessel, for use as a public museum or memorial display in the United States. Recipients can be: (1) any state, the District of Columbia, a U.S. commonwealth or possession, or a municipal or political subdivision of one; or (2) any nonprofit entity.

(b) Limitations on Liability and Responsibility — (1) The United States, its departments, agencies, officers, and employees are not legally liable for any injury or property damage happening on a donated vessel. (2) Despite any other law, the Department of Defense and its people have no responsibility or obligation to fund any improvement, upgrade, modification, maintenance, preservation, or repair of a donated vessel.

(c) Transfers To Be at No Cost to Department of Defense — Transferring the vessel, maintaining and preserving it as a museum or memorial, and eventually disposing of it (including demilitarizing any Munitions List items at the end of its life as a museum) must all happen at no cost to the Department of Defense.

(d) Application of Environmental Laws — This section does not change how federal, state, interstate, and local environmental laws — including the Toxic Substances Control Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 — apply to the Department of Defense or to whoever receives the vessel.

(e) Definitions — "Nonprofit entity" means an organization qualifying as tax-exempt under section 501(c)(3) of the Internal Revenue Code. "Munitions List" means the United States Munitions List created under section 38 of the Arms Export Control Act. "Donee" means whoever receives a vessel under subsection (a).

the actual law source: uscode.house.gov ↗public domain
(a)Authority to Make Transfer.—

The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to—

(1)

any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or

(2)

any nonprofit entity.

(b)Limitations on Liability and Responsibility.—
(1)

The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section.

(2)

Notwithstanding any other law, the Department of Defense, and the officers and employees of the Department of Defense, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section.

(c)Transfers To Be at No Cost to Department of Defense.—

Any transfer of a vessel under this section, the maintenance and preservation of that vessel as a museum or memorial, and the ultimate disposal of that vessel, including demilitarization of Munitions List items at the end of the useful life of the vessel as a museum or memorial, shall be made at no cost to the Department of Defense.

(d)Application of Environmental Laws.—

Nothing in this section shall affect the applicability of Federal, State, interstate, and local environmental laws and regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), to the Department of Defense or to a donee.

(e)Definitions.—

In this section:

(1)

The term “nonprofit entity” means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.

(2)

The term “Munitions List” means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).

(3)

The term “donee” means any entity receiving a vessel pursuant to subsection (a).

Source credit: (Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1709, § 7306; amended Pub. L. 106–65, div. A, title X, § 1011, Oct. 5, 1999, 113 Stat. 739; Pub. L. 107–217, § 3(b)(29), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 113–66, div. A, title X, § 1022(a)–(e)(1), Dec. 26, 2013, 127 Stat. 845, 846; Pub. L. 114–92, div. A, title X, § 1074(b), Nov. 25, 2015, 129 Stat. 996; renumbered § 8676, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-160 · 107 Stat. 1709
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 739
  • 2002Amended · Pub. L. 107-217 · 116 Stat. 1297
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 845, 846
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 996
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836

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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