Title 46 — ShippingRelease 119-73
§56302 Charter terms
Title 46 › Subtitle Subtitle V— - Merchant Marine › Part Part E— - Control of Merchant Marine Capabilities › Chapter CHAPTER 563— - EMERGENCY ACQUISITION OF VESSELS › § 56302
Summary
When the government takes a vessel for use but not ownership, the Secretary of Transportation must promptly offer the person who has the right to possess the vessel a charter that states the proposed terms and the hire rate the Secretary considers fair for using the vessel and any required services. If that person rejects the charter and rate, the parties must proceed under section 56304.
Full Legal Text
Title 46, §56302
Shipping — Source: USLM XML via OLRC
(a)If a vessel is requisitioned for use but not ownership under this chapter, the Secretary of Transportation, at the time of requisition or as soon thereafter as the situation allows, shall offer the person entitled to possession of the vessel a charter containing—
(1)the terms the Secretary believes should govern the relationship between the United States Government and the person; and
(2)the rate of hire the Secretary considers just compensation for the use of the vessel and the services required under the charter.
(b)If the person does not accept the charter and rate of hire, the parties shall proceed as provided in section 56304 of this title.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 5630246 App.:1242(c) (1st sentence).June 29, 1936, ch. 858, title IX, § 902(c) (1st sentence); as added Aug. 7, 1939, ch. 555, § 3, 53 Stat. 1255; Pub. L. 97–31, § 12(131), Aug. 6, 1981, 95 Stat. 165. In subsection (a), the words “requisitioned for use but not ownership under this chapter” are substituted for “taken and used under authority of this section, but the ownership thereof is not required by the United States” to eliminate unnecessary words. The word “requisition” is substituted for “taking”, and the word “vessel” is substituted for “such property”, for consistency. Subsection (b) is added because the provisions about disputed compensation, for both charter use and other takings, are consolidated in section 56304 of the revised title to avoid repetition.
Reference
Citations & Metadata
Citation
46 U.S.C. § 56302
Title 46 — Shipping
Last Updated
Apr 6, 2026
Release point: 119-73