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40 U.S.C. § 558 — Donation of forfeited vessels

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 558 — Donation of forfeited vessels

**(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 b

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Stable record: federal_law:legal_authorities:record_usc_5ca3dfb2cb59ca066cff3809
Source file: Laws/federal/codes/united-states-code/title-40/section-558-donation-of-forfeited-vessels--2c5cb847d9.md
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Source location: Title 40, Chapter 5, § 558; chapter-005-property-management.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 2101 — General definitions

In this subtitle— (1) “associated equipment”— (A) means— (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment. (2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim). (3) “Commandant” means the Commandant of the Coast Guard. (4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel. (5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies. (6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil. (8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 3305 — Scope and standards of inspection

**(a)** (1) The inspection process shall ensure that a vessel subject to inspection— (A) is of a structure suitable for the service in which it is to be employed; (B) is equipped with proper appliances for lifesaving, fire prevention, and firefighting; (C) has suitable accommodations for the crew, sailing school instructors, and sailing school students, and for passengers on the vessel if authorized to carry passengers; (D) has an adequate supply of potable water for drinking and washing by passengers and crew; (E) is in a condition to be operated with safety to life and property; and (F) complies with applicable marine safety laws and regulations. (2) In determining the adequacy of the supply of potable water under paragraph (1)(D), the Secretary shall consider— (A) the size and type of vessel; (B) the number of passengers or crew on board; (C) the duration and routing of voyages; and (D) guidelines for potable water recommended by the Centers for Disease Control and Prevention and the Public Health Service. **(b)** If an inspection, or examination under [section 3308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3308&num=0&edition=prelim), reveals that a life preserver, lifesaving device, or firehose is defective and incapable of being repaired, the owner or master shall destroy the life preserver, lifesaving device, or firehose in the presence of the official conducting the inspection or examination. **(c)** A nautical school vessel operated by a civilian nautical school or by an educational institution under [section 558 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section558&num=0&edition=prelim) shall be inspected like a small passenger vessel or a p

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 558 — Donation of forfeited vessels

Page 60 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 556 1 So in original. Probably should be ‘‘Appropriations’’. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 555 ............. 40:484(r). June 30, 1949, ch. 288, title II, § 203(r), as added Pub. L. 105–27, § 1, July 18, 1997, 111 Stat. 244. § 556. Disposal of dredge vessels (a) IN GENERAL.—The Administrator of Gen- eral Services, pursuant to sections 521 through 527, 529, and 549 of this title, may dispose of a United States Army Corps of Engineers vessel used for dredging, together with related equip- ment owned by the Federal Government and under the control of the Chief of Engineers, if the Secretary of the Army declares the vessel to be in excess of federal needs. (b) RECIPIENTS AND PURPOSES.—Disposal under this section is accomplished— (1) through sale or lease to— (A) a foreign government as part of a Corps of Engineers technical assistance program; (B) a federal or state maritime academy for training purposes; or (C) a non-federal public body for scientific, educational, or cultural purposes; or (2) through sale solely for scrap to foreign or domestic interests. (c) NO DREDGING ACTIVITIES.—A vessel de- scribed in subsection (a) shall not be disposed of under any law for the purpose of engaging in dredging activities within the United States. (d) DEPOSIT OF AMOUNTS COLLECTED.— Amounts collected from the sale or lease of a vessel or equipment under this section shall be deposited into the revolving fund authorized by section 101 (9th par.) of the Civil Functions Ap- propriation 1 Act, 1954 (33 U.S.C. 576), to be avail- able, as provided in appropriation laws, for the operation and maintenance of vessels under the control of the Cor

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