Title 46ShippingRelease 119-73

§4704 Removal of abandoned barges

Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part B— - Inspection and Regulation of Vessels › Chapter CHAPTER 47— - ABANDONMENT OF VESSELS › Subchapter SUBCHAPTER I— - BARGES › § 4704

Last updated Apr 6, 2026|Official source

Summary

The Secretary can remove an abandoned barge, but must follow certain steps first. If the owner or operator is known, the Secretary must send a certified letter telling them the barge will be removed at their expense if they do not remove it, and must inform them of the penalty under section 4703. If the owner or operator is not known, the Secretary must publish a notice in a Notice to Mariners and in the county’s official newspaper where the barge is located. The United States and its employees are not liable for damage from the removal. The owner or operator must pay the United States’ removal costs, and the barge itself can be used to cover those costs. After giving the required notice, the Secretary may ask for sealed bids and award a removal contract. The contract can make the barge and any property on it the contractor’s, and must include the contractor’s removal plan. Removal may start 30 days after the notice steps are completed.

Full Legal Text

Title 46, §4704

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(a)(1)The Secretary may remove a barge that is abandoned after complying with the following procedures:
(A)If the identity of the owner or operator can be determined, the Secretary shall notify the owner or operator by certified mail—
(i)that if the barge is not removed it will be removed at the owner’s or operator’s expense; and
(ii)of the penalty under section 4703.
(B)If the identity of the owner or operator cannot be determined, the Secretary shall publish an announcement in—
(i)a notice to mariners; and
(ii)an official journal of the county in which the barge is located
(2)The United States, and any officer or employee of the United States is not liable to an owner or operator for damages resulting from removal of an abandoned barge under this subchapter.
(b)The owner or operator of an abandoned barge is liable, and an abandoned barge is liable in rem, for all expenses that the United States incurs in removing an abandoned barge under this subchapter.
(c)(1)The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned barge.
(2)After solicitation under paragraph (1) the Secretary may award a contract. The contract—
(A)may be subject to the condition that the barge and all property on the barge is the property of the barge removal contractor; and
(B)must require the barge removal contractor to submit to the Secretary a plan for the removal.
(3)Removal of an abandoned barge may begin thirty days after the Secretary completes the procedures under subsection (a)(1).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsecs. (a)(2), (b). Pub. L. 119–60 substituted “subchapter” for “chapter”.

Reference

Citations & Metadata

Citation

46 U.S.C. § 4704

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Last Updated

Apr 6, 2026

Release point: 119-73