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Title 10 — Armed Forces

Part IV · Chapter 865 — Salvage Facilities

§ 8701. Authority to provide for necessary salvage facilities

Statutory text

(a)

Authority.—

The Secretary of the Navy may provide, by contract or otherwise, necessary salvage facilities for public and private vessels.

(b)

Coordination With Secretary of Homeland Security.—

The Secretary shall submit to the Secretary of Homeland Security for comment each proposed contract for salvage facilities that affects the interests of the Department of Homeland Security.

(c)

Limitation.—

The Secretary of the Navy may enter into a term contract under subsection (a) only if the Secretary determines that available commercial salvage facilities are inadequate to meet the requirements of national defense.

(d)

Public Notice.—

The Secretary may not enter into a contract under subsection (a) until the Secretary has provided public notice of the intent to enter into such a contract.

(e)

Salvage Facilities Defined.—

In this section, the term “salvage facilities” includes equipment and gear utilized to prevent, abate, or minimize damage to the environment.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title X § 1015 · 110 Stat. 186

    Enacted · 10 U.S.C. § 8701

    Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, § 7361

    Source evidence

    Code source credit
    Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, § 7361

    Enacted provision · exact public law section
    SEC. 1015. NAVAL SALVAGE FACILITIES. Chapter 637 of title 10, United States Code, is amended to read as follows: “CHAPTER 637— SALVAGE FACILITIES Sec. “7361.  Authority to provide for necessary salvage facilities. “7362.  Acquisition and transfer of vessels and equipment. “7363.  Settlement of claims. “7364.  Disposition of receipts. “§ 7361. Authority to provide for necessary salvage facilities “(a) Authority.— The Secretary of the Navy may provide, by contract or otherwise, necessary salvage facilities for public and private vessels. “(b) Coordination With Secretary of Transportation.— The Secretary shall submit to the Secretary of Transportation for comment each proposed contract for salvage facilities that affects the interests of the Department of Transportation. “(c) Limitation.— The Secretary of the Navy may enter into a term contract under subsection (a) only if the Secretary determines that available commercial salvage facilities are inadequate to meet the requirements of national defense. “(d) Public Notice.— The Secretary may not enter into a contract under subsection (a) until the Secretary has provided public notice of the intent to enter into such a contract. “§ 7362. Acquisition and transfer of vessels and equipment “(a) Authority.— The Secretary of the Navy may acquire or transfer for operation by private salvage companies such vessels and equipment as the Secretary considers necessary. “(b) Agreement on Use.— Before any salvage vessel or salvage gear is transferred by the Secretary to a private party, the private party must agree in writing with the Secretary that the vessel or gear will be used to support organized offshore salvage facilities for a period of as many years as the Secretary considers appropriate. “(c) Reference to Authority To Advance Funds for Immediate Salvage Operations.— For authority for the Secretary of the Navy to advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations, see section 2307(g)(2) of this title. “§ 7363 Settlement of claims “The Secretary of the Navy may settle any claim by the United States for salvage services rendered by the Department of the Navy and may receive payment of any such claim. “§ 7364 Disposition of receipts “Amounts received under this chapter shall be credited to appropriations for maintaining naval salvage facilities. However, any amount received under this chapter in any fiscal year in excess of naval salvage costs incurred by the Navy during that fiscal year shall be deposited into the general fund of the Treasury.”.

  2. Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

    Substituted · 10 U.S.C. § 8701(b)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in heading and in two places in text

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in heading and in two places in text.

    Enacted provision · exact public law section
    (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

  3. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title III § 315(a) · 117 Stat. 1392

    Added · 10 U.S.C. § 8701(e)

    Pub. L. 108–136 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–136 added subsec. (e).

    Enacted provision · exact public law section
    (a) Salvage Facilities.— Section 7361 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) Salvage Facilities Defined.— In this section, the term ‘salvage facilities’ includes equipment and gear utilized to prevent, abate, or minimize damage to the environment.” .

  4. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(d)(3) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8701

    Pub. L. 115–232 renumbered section 7361 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 7361 of this title as this section.

    Enacted provision · exact public law section
    (3) Chapter 637.— Sections 7361, 7362, 7363, and 7364 are redesignated as sections 8701, 8702, 8703, and 8704, respectively.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments2002–2018 · 3 rounds

2018

Pub. L. 115–232 renumbered section 7361 of this title as this section.

2003

Subsec. (e). Pub. L. 108–136 added subsec. (e).

2002

Subsec. (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in heading and in two places in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Credits

1996–2018 · 4 acts
  1. 1996Added Pub. L. 104–106, div. A, title X, § 1015, , 110 Stat. 424, § 7361
  2. 2002amended Pub. L. 107–296, title XVII, § 1704(b)(1), (6), , 116 Stat. 2314
  3. 2003Pub. L. 108–136, div. A, title III, § 315(a), , 117 Stat. 1431
  4. 2018renumbered § 8701, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), , 132 Stat. 1836.
Show as published

(Added Pub. L. 104–106, div. A, title X, § 1015, , 110 Stat. 424, § 7361; amended Pub. L. 107–296, title XVII, § 1704(b)(1), (6), , 116 Stat. 2314; Pub. L. 108–136, div. A, title III, § 315(a), , 117 Stat. 1431; renumbered § 8701, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), , 132 Stat. 1836.)

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