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Title 10 — Armed Forces

Part IV · Chapter 865 — Salvage Facilities

§ 8702. Acquisition and transfer of vessels and equipment

Statutory text

(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 3808(b) of this title.

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. § 8702

    Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, § 7362

    Source evidence

    Code source credit
    Added Pub. L. 104–106, div. A, title X, § 1015, Feb. 10, 1996, 110 Stat. 424, § 7362

    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. 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. § 8702

    Pub. L. 115–232 renumbered section 7362 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 7362 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.

  3. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1876(c) · 134 Stat. 3388

    1. Struck · 10 U.S.C. § 8702(c)

      Pub. L. 116–283, § 1876(c), which directed striking the first two words of the subsec. heading

    2. Struck and inserted · 10 U.S.C. § 8702(c)

      Pub. L. 116–283, § 1876(c), which directed striking the text of subsec. (c) and inserting the text of par. (2) of section 2307(g) of this title

    3. Repealed · 10 U.S.C. § 8702(c)

      Pub. L. 116–283, § 1876(c), which directed substituting “this subsection” for “this paragraph” in the second sentence thereof, was repealed by Pub. L. 117–81, § 1701(n)(3), effective as if included in title XVIII of Pub. L. 116–283

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 1876(c), which directed striking the first two words of the subsec. heading, striking the text of subsec. (c) and inserting the text of par. (2) of section 2307(g) of this title, and substituting “this subsection” for “this paragraph” in the second sentence thereof, was repealed by Pub. L. 117–81, § 1701(n)(3), effective as if included in title XVIII of Pub. L. 116–283.

    Enacted provision · exact public law section
    (c) Recodification of Paragraph (2).— Subsection (c) of section 8702 of such title is amended— (1) by striking the first two words of the subsection heading; and (2) by striking the text of that subsection and inserting the text of paragraph (2) of section 2307(g) of such title, amended by striking “this paragraph” in the second sentence and inserting “this subsection”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1834(i)(5) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 8702(c)

    Pub. L. 116–283, § 1834(i)(5), as added by Pub. L. 117–81, § 1701(n)(2), which directed substitution of “section 3808(b)” for “section 2307(g)(2)” in section 8702(c), without specifying the Code title to be amended, was executed to subsec. (c) of this section to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1834(i)(5), as added by Pub. L. 117–81, § 1701(n)(2), which directed substitution of “section 3808(b)” for “section 2307(g)(2)” in section 8702(c), without specifying the Code title to be amended, was executed to subsec. (c) of this section to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (i) by inserting “Subcontractors.—” before “For a prime”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments2018–2021 · 2 rounds

2021

Subsec. (c). Pub. L. 116–283, § 1876(c), which directed striking the first two words of the subsec. heading, striking the text of subsec. (c) and inserting the text of par. (2) of section 2307(g) of this title, and substituting “this subsection” for “this paragraph” in the second sentence thereof, was repealed by Pub. L. 117–81, § 1701(n)(3), effective as if included in title XVIII of Pub. L. 116–283.

Pub. L. 116–283, § 1834(i)(5), as added by Pub. L. 117–81, § 1701(n)(2), which directed substitution of “section 3808(b)” for “section 2307(g)(2)” in section 8702(c), without specifying the Code title to be amended, was executed to subsec. (c) of this section to reflect the probable intent of Congress.

2018

Pub. L. 115–232 renumbered section 7362 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

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.

Credits

1996–2021 · 5 acts
  1. 1996Added Pub. L. 104–106, div. A, title X, § 1015, , 110 Stat. 424, § 7362
  2. 2018renumbered § 8702, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), , 132 Stat. 1836
  3. 2021amended Pub. L. 116–283, div. A, title XVIII, § 1834(i)(5), as added Pub. L. 117–81, div. A, title XVII, § 1701(n)(2), , 135 Stat. 2145
  4. 2021Pub. L. 116–283, div. A, title XVIII, § 1876(c), , 134 Stat. 4291
  5. 2021Pub. L. 117–81, div. A, title XVII, § 1701(n)(3), , 135 Stat. 2146.
Show as published

(Added Pub. L. 104–106, div. A, title X, § 1015, , 110 Stat. 424, § 7362; renumbered § 8702, Pub. L. 115–232, div. A, title VIII, § 807(d)(3), , 132 Stat. 1836; amended Pub. L. 116–283, div. A, title XVIII, § 1834(i)(5), as added Pub. L. 117–81, div. A, title XVII, § 1701(n)(2), , 135 Stat. 2145; Pub. L. 116–283, div. A, title XVIII, § 1876(c), , 134 Stat. 4291; Pub. L. 117–81, div. A, title XVII, § 1701(n)(3), , 135 Stat. 2146.)

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