§4704 — Title 46 Shipping | U.S. Code

Summary

The Secretary can remove an abandoned barge, but must first give notice. If the owner or operator can be found, the Secretary must send a certified letter telling them the barge will be removed at their expense if they do not remove it, and telling them about the penalty under section 4703. If the owner cannot be found, the Secretary must publish a notice in a notice to mariners and in the county’s official journal. The United States and its employees are not responsible for damage from the removal. The owner or operator and the barge itself must pay all removal costs. After giving notice, the Secretary can ask for sealed bids and award a contract. The contractor may become the owner of the barge and its contents and must give a removal plan. Removal can start 30 days after the notice steps are complete.

Title 46, §4704

Shipping — Source: USLM XML via OLRC

(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).

Editorial Notes

Amendments

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

§4704 Removal of Abandoned Barges

Summary

Title 46, §4704

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata