46 USC 56302: Charter terms

46 USC 56302: Charter terms Text contains those laws in effect on November 21, 2024

From Title 46-SHIPPINGSubtitle V-Merchant MarinePart E-Control of Merchant Marine CapabilitiesCHAPTER 563-EMERGENCY ACQUISITION OF VESSELS

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§56302. Charter terms

(a) In General.-If a vessel is requisitioned for use but not ownership under this chapter, the Secretary of Transportation, at the time of requisition or as soon thereafter as the situation allows, shall offer the person entitled to possession of the vessel a charter containing-

(1) the terms the Secretary believes should govern the relationship between the United States Government and the person; and

(2) the rate of hire the Secretary considers just compensation for the use of the vessel and the services required under the charter.

(b) Refusal To Accept.-If the person does not accept the charter and rate of hire, the parties shall proceed as provided in section 56304 of this title.

( Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1654 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
56302	46 App.:1242(c) (1st sentence).	June 29, 1936, ch. 858, title IX, §902(c) (1st sentence); as added Aug. 7, 1939, ch. 555, §3, 53 Stat. 1255 ; Pub. L. 97–31, §12(131), Aug. 6, 1981, 95 Stat. 165 .

In subsection (a), the words "requisitioned for use but not ownership under this chapter" are substituted for "taken and used under authority of this section, but the ownership thereof is not required by the United States" to eliminate unnecessary words. The word "requisition" is substituted for "taking", and the word "vessel" is substituted for "such property", for consistency.

Subsection (b) is added because the provisions about disputed compensation, for both charter use and other takings, are consolidated in section 56304 of the revised title to avoid repetition.