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Title 40, Public Buildings, Property, and WorksRelease 119-110

§558 Donation of Forfeited Vessels

Title 40 › SUBTITLE I — FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › CHAPTER 5 — PROPERTY MANAGEMENT › SUBCHAPTER III — DISPOSING OF PROPERTY › § 558

Last updated Sep 22, 2026|Official source

Summary

The Federal Government can give a seized vessel to a school that runs a commercial fishing or other vessel safety training program. The school must promise that its program teaches at least these five topics: vessel stability; firefighting; shipboard first aid; marine safety and survival; and seamanship rules of the road. The school must take the boat “as is” with no warranty, keep it in good condition, and use it only for student training. If the boat can be documented, the school must register it as a United States vessel under chapter 121 of title 46 and note the disposal rule on the vessel’s record. The school must get prior approval from the Administrator of General Services before selling or getting rid of the boat, and any sale money goes to the Government. The boat will be inspected or regulated like a nautical school vessel under chapter 33 of title 46. The Government is not liable for claims from the transfer or use of the boat.

Full Legal Text

Title 40, §558

Public Buildings, Property, and Works, Source: USLM XML via OLRC

(a)In General.—
A vessel that is forfeited to the Federal Government may be donated, in accordance with procedures under this subtitle, to an eligible institution described in subsection (b).
(b)Eligible Institution.—
An eligible institution referred to in subsection (a) is an educational institution with a commercial fishing vessel safety program or other vessel safety, education and training program. The institution must certify to the federal officer making the donation that the program includes, at a minimum, all of the following courses in vessel safety:
(1)Vessel stability.
(2)Firefighting.
(3)Shipboard first aid.
(4)Marine safety and survival.
(5)Seamanship rules of the road.
(c)Terms and Conditions.—
The donation of a vessel under this section shall be made on terms and conditions considered appropriate by the federal officer making the donation. All of the following terms and conditions are required:
(1)No warranty.—
The institution must accept the vessel as is, where it is, and without warranty of any kind and without any representation as to its condition or suitability for use.
(2)Maintenance.—
The institution is responsible for maintaining the vessel.
(3)Instruction only.—
The vessel may be used only for instructing students in a vessel safety education and training program.
(4)Documentation.—
If the vessel is eligible to be documented, it must be documented by the institution as a vessel of the United States under chapter 121 of title 46. The requirements of paragraph (5) must be noted on the permanent record of the vessel.
(5)Disposal.—
The institution must obtain prior approval from the Administrator of General Services before disposing of the vessel and any proceeds from disposal shall be payable to the Government.
(6)Inspection or regulation.—
The vessel shall be inspected or regulated in the same manner as a nautical school vessel under chapter 33 of title 46.
(d)Government Liability.—
The Government is not liable in an action arising out of the transfer or use of a vessel transferred under this section.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 55840:484d.Pub. L. 99–640, § 13(a)–(c), Nov. 10, 1986, 100 Stat. 3551. In subsection (b), the words “all of” are inserted for clarity.

Reference

Citations & Metadata

Citation

40 U.S.C. § 558

Title 40, Public Buildings, Property, and Works

Last Updated

Sep 22, 2026

Release point: 119-110