46 U.S.C. § 57103 — Donation of vessels in the National Defense Reserve Fleet
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 579 words · no verdicts yet
This law lets the Secretary of Transportation give away obsolete National Defense Reserve Fleet vessels to nonprofits, states, or local governments, if the recipient agrees not to use it commercially, keeps it available if the government needs it back, and meets several other planning, funding, and liability conditions.
The Secretary of Transportation may convey the right, title, and interest of the United States Government in any vessel* of the National Defense Reserve Fleet that has been identified by the Secretary as an obsolete vessel*, if the recipient—
is a non-profit organization, a State*, or a municipal corporation or political subdivision of a State;
agrees not to use, or allow others to use, the vessel for commercial transportation purposes;
agrees to make the vessel available to the Government whenever the Secretary indicates that it is needed by the Government;
agrees to hold the Government harmless for any claims arising from exposure to asbestos, polychlorinated biphenyls, lead paint, or other hazardous substances after conveyance of the vessel, except for claims arising from use of the vessel by the Government;
has a conveyance plan and a business plan that describes the intended use of the vessel, each of which has been submitted to and approved by the Secretary;
has provided proof, as determined by the Secretary, of resources sufficient to accomplish the transfer, necessary repairs and modifications, and initiation of the intended use of the vessel; and
agrees that when the recipient no longer requires the vessel for use as described in the business plan required under paragraph (5)—
the recipient will, at the discretion of the Secretary, reconvey the vessel to the Government in good condition except for ordinary wear and tear; or
if the Board of Trustees of the recipient has decided to dissolve the recipient according to the laws of the State in which the recipient is incorporated, then—
the recipient shall distribute the vessel, as an asset of the recipient, to a person that has been determined exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)), or to the Federal Government or a State or local government for a public purpose; and
the vessel shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the recipient is located, for such purposes as the court shall determine, or to such organizations as the court shall determine are organized exclusively for public purposes.
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.
The Secretary may require any additional terms the Secretary considers appropriate.
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.
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.
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).
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1659; Pub. L. 112–213, title IV, § 408(a), Dec. 20, 2012, 126 Stat. 1571; Pub. L. 118–31, div. C, title XXXV, § 3514(j)(5), Dec. 22, 2023, 137 Stat. 812.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1659
- 2012Amended · Pub. L. 112-213 · 126 Stat. 1571
- 2023Amended · Pub. L. 118-31 · 137 Stat. 812
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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