---
kind: "section"
citation: "46 U.S.C. § 4704"
title: "46"
title_heading: "Shipping"
number: "4704"
heading: "Removal of abandoned barges"
release: "119-102"
url: "https://uscodex.org/usc/46/4704"
units:
  - "Subtitle II — Vessels and Seamen"
  - "Part B — Inspection and Regulation of Vessels"
  - "Chapter 47 — Abandonment of Vessels"
  - "Subchapter I — Barges"
---

# §4704. Removal of abandoned barges

- (a)
  - (1) The [Secretary](/usc/46/2101.md?p=46) may remove a [barge](/usc/46/102.md) that is abandoned after complying with the following procedures:
    - (A) If the identity of the owner or operator can be determined, the [Secretary](/usc/46/2101.md?p=46) shall notify the owner or operator by certified mail—
      - (i) that if the [barge](/usc/46/102.md) is not removed it will be removed at the owner’s or operator’s expense; and
      - (ii) of the penalty under [section 4703](/usc/46/4703.md).
    - (B) If the identity of the owner or operator cannot be determined, the [Secretary](/usc/46/2101.md?p=46) shall publish an announcement in—
      - (i) a notice to mariners; and
      - (ii) an official journal of the county in which the [barge](/usc/46/102.md) is located

      that if the [barge](/usc/46/102.md) is not removed it will be removed at the owner’s or operator’s expense.

  - (2) The [United States](/usc/46/114.md), and any officer or employee of the [United States](/usc/46/114.md) is not liable to an owner or operator for damages resulting from removal of an abandoned [barge](/usc/46/102.md) under this subchapter.
- (b) The owner or operator of an abandoned [barge](/usc/46/102.md) is liable, and an abandoned [barge](/usc/46/102.md) is liable in rem, for all expenses that the [United States](/usc/46/114.md) incurs in removing an abandoned [barge](/usc/46/102.md) under this subchapter.
- (c)
  - (1) The [Secretary](/usc/46/2101.md?p=46) may, after providing notice under [subsection (a)(1)](#a-1), solicit by public advertisement sealed bids for the removal of an abandoned [barge](/usc/46/102.md).
  - (2) After solicitation under [paragraph (1)](#c-1) the [Secretary](/usc/46/2101.md?p=46) may award a contract. The contract—
    - (A) may be subject to the condition that the [barge](/usc/46/102.md) and all property on the [barge](/usc/46/102.md) is the property of the [barge removal contractor](/usc/46/4701.md?p=2); and
    - (B) must require the [barge removal contractor](/usc/46/4701.md?p=2) to submit to the [Secretary](/usc/46/2101.md?p=46) a plan for the removal.
  - (3) Removal of an abandoned [barge](/usc/46/102.md) may begin thirty days after the [Secretary](/usc/46/2101.md?p=46) completes the procedures under [subsection (a)(1)](#a-1).

## Source credit

(Added Pub. L. 102–587, title V, § 5302, Nov. 4, 1992, 106 Stat. 5082; amended Pub. L. 119–60, div. G, title LXXIII, § 7347(c)(3), Dec. 18, 2025, 139 Stat. 1781.)

## Notes

### Editorial Notes

### Amendments

2025—Subsecs. (a)(2), (b). Pub. L. 119–60 substituted “subchapter” for “chapter”.