§8675 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Navy must appraise any vessel removed from the Naval Vessel Register under section 8674. If the Secretary believes selling the vessel is in the national interest, the Secretary may sell it under rules the Secretary makes. A vessel not covered by other disposal laws can be sold either to the highest acceptable bidder after public notice for not less than 30 days, or by competitive negotiation to the offer that is most advantageous (price and other factors). Before negotiated sales, the Secretary must publish notice in the Commerce Business Daily so interested parties have a fair chance to submit proposals and join negotiations. This does not apply when disposal is done under subtitle I of title 40 or division C of subtitle I of title 41 (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711).

Title 10, §8675

Armed Forces — Source: USLM XML via OLRC

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

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7305 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8674” for “section 7304”. 2011—Subsec. (d). Pub. L. 111–350 substituted “division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, if it is to be disposed of under those provisions” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), if it is to be disposed of under subtitle I of title 40 and such title III”. 2003—Subsec. (d). Pub. L. 108–136 inserted “such” before “title III.”. 2002—Subsec. (d). Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)” and “subtitle I of title 40 and title III” for “that Act”. 1997—Subsec. (c). Pub. L. 105–85 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “(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. In such a case, the Secretary may sell the vessel to the highest acceptable bidder, regardless of the appraised value of the vessel, after the vessel is publicly advertised for sale for a period of not less than 30 days. “(2) If the Secretary determines that the bid prices for a vessel received after advertising under paragraph (1) are not acceptable and that readvertising will serve no useful purpose, the Secretary may sell the vessel by negotiation to the highest acceptable bidder if— “(A) each responsible bidder has been notified of intent to negotiate and has been given a reasonable opportunity to negotiate; and “(B) the negotiated price is— “(i) higher than the highest rejected price of any responsible bidder; or “(ii) reasonable and in the national interest.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§8675 Vessels Stricken From Naval Vessel Register: Sale

Summary

Title 10, §8675

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata