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10 USC CHAPTER 637 - SALVAGE FACILITIES 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 637 - SALVAGE FACILITIES

.

-HEAD-

CHAPTER 637 - SALVAGE FACILITIES

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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.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title X, Sec. 1015, Feb. 10,

1996, 110 Stat. 424, amended analysis generally, adding items 7361

to 7364 and striking out former items 7361 ''Naval salvage

facilities: contracts for commercial facilities'', 7362

''Commercial use of naval facilities'', 7363 ''Transfer of

equipment: contract provisions'', 7365 ''Settlement of claims'',

and 7367 ''Disposition of receipts''.

1994 - Pub. L. 103-355, title II, Sec. 2001(j)(3)(B), Oct. 13,

1994, 108 Stat. 3303, struck out item 7364 ''Advancement of funds

for salvage operations''.

1993 - Pub. L. 103-160, div. A, title VIII, Sec. 828(a)(8), Nov.

30, 1993, 107 Stat. 1713, struck out item 7366 ''Limitation on

appropriations''.

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10 USC Sec. 7361 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 637 - SALVAGE FACILITIES

-HEAD-

Sec. 7361. Authority to provide for necessary salvage facilities

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-106, div. A, title X, Sec. 1015, Feb. 10, 1996,

110 Stat. 424; amended Pub. L. 107-296, title XVII, Sec.

1704(b)(1), (6), Nov. 25, 2002, 116 Stat. 2314.)

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PRIOR PROVISIONS

A prior section 7361, acts Aug. 10, 1956, ch. 1041, 70A Stat.

455; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(3)(D), 95 Stat. 154,

authorized Secretary of the Navy to provide for necessary salvage

facilities for public and private vessels, prior to the general

amendment of this chapter by Pub. L. 104-106.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation'' in heading and in two places

in text.

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.

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10 USC Sec. 7362 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 637 - SALVAGE FACILITIES

-HEAD-

Sec. 7362. Acquisition and transfer of vessels and equipment

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-106, div. A, title X, Sec. 1015, Feb. 10, 1996,

110 Stat. 424.)

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PRIOR PROVISIONS

A prior section 7362, act Aug. 10, 1956, ch. 1041, 70A Stat. 455,

related to commercial use of naval facilities, prior to the general

amendment of this chapter by Pub. L. 104-106.

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10 USC Sec. 7363 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 637 - SALVAGE FACILITIES

-HEAD-

Sec. 7363. Settlement of claims

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 104-106, div. A, title X, Sec. 1015, Feb. 10, 1996,

110 Stat. 425.)

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PRIOR PROVISIONS

A prior section 7363, act Aug. 10, 1956, ch. 1041, 70A Stat. 455,

related to contract provisions for transfer of Navy equipment to

private parties, prior to the general amendment of this chapter by

Pub. L. 104-106.

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10 USC Sec. 7364 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 637 - SALVAGE FACILITIES

-HEAD-

Sec. 7364. Disposition of receipts

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 104-106, div. A, title X, Sec. 1015, Feb. 10, 1996,

110 Stat. 425.)

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PRIOR PROVISIONS

A prior section 7364, act Aug. 10, 1956, ch. 1041, 70A Stat. 455,

related to advancement of funds by the Secretary of the Navy to

private companies for salvage operations, prior to repeal by Pub.

L. 103-355, title II, Sec. 2001(j)(1), Oct. 13, 1994, 108 Stat.

3303. See section 2307(g) of this title.

A prior section 7365, acts Aug. 10, 1956, ch. 1041, 70A Stat.

456; Aug. 29, 1972, Pub. L. 92-417, Sec. 1(4), 86 Stat. 654,

related to settlement of claims, prior to the general amendment of

this chapter by Pub. L. 104-106. See section 7363 of this title.

A prior section 7366, act Aug. 10, 1956, ch. 1041, 70A Stat. 456,

related to limitation on appropriations for naval salvage

facilities, prior to repeal by Pub. L. 103-160, div. A, title

VIII, Sec. 824(a)(10), Nov. 30, 1993, 107 Stat. 1708.

A prior section 7367, act Aug. 10, 1956, ch. 1041, 70A Stat. 456,

related to disposition of receipts, prior to the general amendment

of this chapter by Pub. L. 104-106. See section 7364 of this title.

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