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46 U.S.C. § 12111 — Registry endorsement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements.—** A registry endorsement may be issued for a vessel that satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim).
**(b) Authorized Activity.—** A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.
**(c) Certain Vessels Owned by Trusts.—**
(1) **Nonapplication of beneficiary citizenship requirement.—** — For the issuance of a certificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States.
(2) **Requirements for trust to qualify.—**
(A) *In general.—* — Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if—
(i) each trustee is a citizen of the United States; and
(ii) the application for documentation of the vessel includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.
(B) *Authority of non-citizens.—* — If any person that is not a citizen of the United States has authority to direct or participate in
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Stable record: federal_law:legal_authorities:record_usc_b093ce333ef74083690cb537
Source file: Laws/federal/codes/united-states-code/title-46/section-12111-registry-endorsement--610a33dbcf.md
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Source location: Title 46, Chapter 121, § 12111; chapter-121-documentation-of-vessels.md
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**(a) Requirements.—** A registry endorsement may be issued for a vessel that satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim).
**(b) Authorized Activity.—** A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.
**(c) Certain Vessels Owned by Trusts.—**
(1) **Nonapplication of beneficiary citizenship requirement.—** — For the issuance of a certificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States.
(2) **Requirements for trust to qualify.—**
(A) *In general.—* — Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if—
(i) each trustee is a citizen of the United States; and
(ii) the application for documentation of the vessel includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.
(B) *Authority of non-citizens.—* — If any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee.
(C) *Ownership by non-citizens.—* — Subparagraphs (A) and (B) do not prohibit a person that is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.
(3) **Citizenship of person chartering vessel.—** — If a person chartering a vessel from a trust that qualifies under paragraph (2) is a citizen of the United States under [section 50501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section50501&num=0&edition=prelim), the vessel is deemed to be owned by a citizen of the United States for purposes of that section and related laws, except chapter 531 of this title.
**(d) Activities Involving Mobile Offshore Drilling Units.—**
(1) **In general.—** — Only a vessel for which a certificate of documentation with a registry endorsement is issued may engage in—
(A) the setting, relocation, or recovery of the anchors or other mooring equipment of a mobile offshore drilling unit that is located over the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act ([43 U.S.C. 1331(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331/a&num=0&edition=prelim))); or
(B) the transportation of merchandise or personnel to or from a point in the United States from or to a mobile offshore drilling unit located over the outer Continental Shelf that is not attached to the seabed.
(2) **Coastwise trade not authorized.—** — Nothing in paragraph (1) authorizes the employment in the coastwise trade of a vessel that does not meet the requirements of [section 12112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12112&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in [section 12152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12152&num=0&edition=prelim), the Secretary, on receipt of a proper application, shall issue a certificate of documentation or a temporary certificate of documentation for a vessel satisfying the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). The certificate shall contain each endorsement under subchapter II of this chapter for which the owner applies and the vessel is eligible.
**(b) Temporary Certificates for Recreational Vessels.—** The Secretary may delegate, subject to the supervision and control of the Secretary and under terms prescribed by regulation, to private entities determined and certified by the Secretary to be qualified, the authority to issue a temporary certificate of documentation for a recreational vessel eligible under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). A temporary certificate issued under this subsection is valid for not more than 30 days.
**(c) Information To Be Included in Certificate.—** A certificate of documentation shall—
(1) identify and describe the vessel;
(2) identify the owner of the vessel; and
(3) contain additional information prescribed by the Secretary.
**(d) Procedures To Ensure Integrity and Accuracy.—** The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certificates of documentation.
**(e) Effective Period.—**
(1) **In general.—** — Except as provided in paragraphs (2) and (3), a certificate of documentation issue
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is—
(1) wholly owned by one or more individuals or entities described in subsection (b);
(2) at least 5 net tons as measured under part J of this subtitle; and
(3) not documented under the laws of a foreign country.
**(b) Eligible Owners.—** For purposes of subsection (a)(1), the following are eligible owners:
(1) An individual who is a citizen of the United States.
(2) An association, trust, joint venture, or other entity if—
(A) each of its members is a citizen of the United States; and
(B) it is capable of holding title to a vessel under the laws of the United States or a State.
(3) A partnership if—
(A) each general partner is a citizen of the United States; and
(B) the controlling interest in the partnership is owned by citizens of the United States.
(4) A corporation if—
(A) it is incorporated under the laws of the United States or a State;
(B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
(C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
(5) The United States Government.
(6) The government of a State.
**(c) Temporary Certificates Prior to Measurement.—** Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12103
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In this subtitle, a corporation, partnership, or association is deemed to be a citizen of the United States only if the controlling interest is owned by citizens of the United States. However, if the corporation, partnership, or association is operating a vessel in the coastwise trade, at least 75 percent of the interest must be owned by citizens of the United States.
**(b) Additional Requirements for Corporations.—** In this subtitle, a corporation is deemed to be a citizen of the United States only if, in addition to satisfying the requirements in subsection (a)—
(1) it is incorporated under the laws of the United States or a State;
(2) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
(3) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
**(c) Determination of Controlling Corporate Interest.—** The controlling interest in a corporation is owned by citizens of the United States under subsection (a) only if—
(1) title to the majority of the stock in the corporation is vested in citizens of the United States free from any trust or fiduciary obligation in favor of a person not a citizen of the United States;
(2) the majority of the voting power in the corporation is vested in citizens of the United States;
(3) there is no contract or understanding by which the majority of the voting power in the corporation may be exercised, directly or indirectly, in behalf of a person not a citizen of the United States; and
(4) there is no other means by which control of the corporation is given to or permitted to be exercised by a person not a citizen of the United States.
**(d) Determination of 75 Percent Corporate Inter
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 50501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements.—** A coastwise endorsement may be issued for a vessel that—
(1) satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim);
(2)
(A) was built in the United States; or
(B) if not built in the United States—
(i) was captured in war by citizens of the United States and lawfully condemned as prize;
(ii) was adjudged to be forfeited for a breach of the laws of the United States; or
(iii) qualifies as a wrecked vessel under [section 12107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12107&num=0&edition=prelim); and
(3) otherwise qualifies under the laws of the United States to engage in the coastwise trade.
**(b) Authorized Activity.—** Subject to the laws of the United States regulating the coastwise trade, a vessel for which a coastwise endorsement is issued may engage in the coastwise trade.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12112
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Operation of Vessel.—** An operating agreement under this chapter shall require that, during the period a vessel is operating under the agreement—
(1) the vessel—
(A) shall be operated exclusively in the foreign commerce or, except as provided in paragraph (2), in mixed foreign commerce and domestic trade allowed under a registry endorsement issued under [section 12111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12111&num=0&edition=prelim); and
(B) shall not otherwise be operated in the coastwise trade;
(2) in the case of a vessel, other than a replacement vessel under subsection (f), first covered by an operating agreement after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the vessel shall not be operated in the transportation of cargo between points in the United States and its territories either directly or via a foreign port; and
(3) the vessel shall be documented under chapter 121 of this title.
**(b) Annual Payments by Secretary.—**
(1) **In general.—** — An operating agreement under this chapter shall require, subject to the availability of appropriations, that the Secretary make a payment each fiscal year to the contractor in accordance with section 53106.
(2) **Operating agreement is obligation of united states government.—** — An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement to the extent of actual appropriations.
**(c) Documentation Requirement.—** Each vessel covered by an operating agreement (including an agreement terminated under section 53104(c)(2)) shall remain documented under chapter 121 of this title, until the date the operating ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Operation of Vessel.—** An operating agreement under this chapter shall require that, during the period the vessel covered by the agreement is operating under the agreement the vessel shall—
(1) be operated in the United States foreign commerce, mixed United States foreign commerce and domestic trade allowed under a registry endorsement issued under [section 12111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12111&num=0&edition=prelim), in foreign-to-foreign commerce, or under a charter to the United States;
(2) not be operated in the coastwise trade except as described in paragraph (1); and
(3) be documented under chapter 121 of this title.
**(b) Annual Payments by the Secretary.—**
(1) **In general.—** — An operating agreement under this chapter shall require, subject to the availability of appropriations, that the Secretary make a payment to the program participant in accordance with section 53406.
(2) **Operating agreement is an obligation of the united states government.—** — An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement to the extent of actual appropriations.
**(c) Documentation Requirement.—** Each vessel covered by the operating agreement, including an agreement terminated under section 53404(c)(2), shall remain documented under chapter 121 of this title until the date the operating agreement would terminate according to its terms.
**(d) National Security Requirements.—**
(1) **In general.—** — A program participant with respect to an operating agreement, including an agreement terminated under section 53404(c)(2), shall continue to be bound by the provisions of section 53407 until the date
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53405
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
**(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means—
(1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and
(2) does not include any area conveyed by Congress to a territorial government for administration;
**(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be.
**(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals.
**(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
Page 321
TITLE 43—PUBLIC LANDS
§ 1331
1 See References in Text note below.
2 So in original. Probably should be ‘‘accordance’’.
waters for the constitutional purposes of com-
merce, navigation, national defense, and inter-
national affairs, all of which shall be paramount
to, but shall not be deemed to include, propri-
etary rights of ownership, or the rights of man-
agement, administration, leasing, use, and de-
velopment of the lands and natural resources
which are specifically recognized, confirmed, es-
tablished, and vested in and assigned to the re-
spective States and others by section 1311 of this
title.
(b) In time of war or when necessary for na-
tional defense, and the Congress or the Presi-
dent shall so prescribe, the United States shall
have the right of first refusal to purchase at the
prevailing market price, all or any portion of
the said natural resources, or to acquire and use
any portion of said lands by proceeding in ac-
cordance with due process of law and paying just
compensation therefor.
(May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.)
§ 1315. Rights acquired under laws of United
States unaffected
Nothing contained in this subchapter or sub-
chapter I shall affect such rights, if any, as may
have been acquired under any law of the United
States by any person in lands subject to this
subchapter or subchapter I and such rights, if
any, shall be governed by the law in effect at the
time they may have been acquired: Provided,
however, That nothing contained in this sub-
chapter or subchapter I is intended or shall be
construed as a finding, interpretation, or con-
struction by the Congress that the law under
which such rights may be claimed in fact or in
law applies to the lands subject to this sub-
chapter or subchapter I,
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
Page 208
TITLE 46—SHIPPING
§ 12108
§ 12108. Authority to extend duration of vessel
certificates
(a) CERTIFICATES.—Provided a vessel is in com-
pliance with inspection requirements in section
3313, the Secretary of the department in which
in the Coast Guard is operating may, if the Sec-
retary makes the determination described in
subsection (b), extend, for a period of not more
than 1 year, an expiring certificate of docu-
mentation issued for a vessel under chapter 121.
(b) DETERMINATION.—The determination re-
ferred to in subsection (a) is a determination
that such extension is required to enable the
Coast Guard to—
(1) eliminate a backlog in processing appli-
cations for such certificates; or
(2) act in response to a national emergency
or natural disaster.
(c) MANNER
OF
EXTENSION.—Any extension
granted under this section may be granted to in-
dividual vessels or to a specifically identified
group of vessels.
(Added Pub. L. 116–283, div. G, title LVXXXIII
[LXXXIII], § 8320(a), Jan. 1, 2021, 134 Stat. 4701.)
SUBCHAPTER II—ENDORSEMENTS AND
SPECIAL DOCUMENTATION
§ 12111. Registry endorsement
(a) REQUIREMENTS.—A registry endorsement
may be issued for a vessel that satisfies the re-
quirements of section 12103 of this title.
(b) AUTHORIZED ACTIVITY.—A vessel for which
a registry endorsement is issued may engage in
foreign trade or trade with Guam, American
Samoa, Wake, Midway, or Kingman Reef.
(c) CERTAIN VESSELS OWNED BY TRUSTS.—
(1) NONAPPLICATION OF BENEFICIARY CITIZEN-
SHIP REQUIREMENT.—For the issuance of a cer-
tificate of documentation with only a registry
endorsement, the beneficiaries of a trust are
not required to be citizens of the United
States if the trust qualifies under paragraph
(2) and the vessel is subject to a charter to a
cit
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 12111
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