
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC4704]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 47--ABANDONMENT OF BARGES
 
Sec. 4704. Removal of abandoned barges

    (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

    that if the barge is not removed it will be removed at the owner's 
    or operator's expense.

    (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 chapter.
    (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 chapter.
    (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).

(Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat. 
5082.)

                  Section Referred to in Other Sections

    This section is referred to in section 4703 of this title.
