2012 US Code
Title 14 - Coast Guard
Part I - REGULAR COAST GUARD (§§ 1 - 693)
Chapter 5 - FUNCTIONS AND POWERS (§§ 81 - 101)
Section 86 - Marking of obstructions

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Metadata
Publication TitleUnited States Code, 2012 Edition, Title 14 - COAST GUARD
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 14 - COAST GUARD
PART I - REGULAR COAST GUARD
CHAPTER 5 - FUNCTIONS AND POWERS
Sec. 86 - Marking of obstructions
Containssection 86
Date2012
Laws in Effect as of DateJanuary 15, 2013
Positive LawYes
Dispositionstandard
Source CreditAug. 4, 1949, ch. 393, 63 Stat. 501; Pub. L. 89-191, Sept. 17, 1965, 79 Stat. 822; Pub. L. 93-283, §1(3), May 14, 1974, 88 Stat. 139.
Statutes at Large References36 Stat. 538
50 Stat. 666
53 Stat. 1432
63 Stat. 501
79 Stat. 822
88 Stat. 139
Public Law ReferencesPublic Law 89-191, Public Law 93-283

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FUNCTIONS AND POWERS - 14 U.S.C. § 86 (2012)
§86. Marking of obstructions

The Secretary may mark for the protection of navigation any sunken vessel or other obstruction existing on the navigable waters or waters above the continental shelf of the United States in such manner and for so long as, in his judgment, the needs of maritime navigation require. The owner of such an obstruction shall be liable to the United States for the cost of such marking until such time as the obstruction is removed or its abandonment legally established or until such earlier time as the Secretary may determine. All moneys received by the United States from the owners of obstructions, in accordance with this section, shall be covered into the Treasury of the United States as miscellaneous receipts. This section shall not be construed so as to relieve the owner of any such obstruction from the duty and responsibility suitably to mark the same and remove it as required by law.

(Aug. 4, 1949, ch. 393, 63 Stat. 501; Pub. L. 89–191, Sept. 17, 1965, 79 Stat. 822; Pub. L. 93–283, §1(3), May 14, 1974, 88 Stat. 139.)

Historical and Revision Notes

Based on title 33, U.S.C., 1946 ed., §736 (R.S. 4676; June 17, 1910, ch. 301, §6, 36 Stat. 538; Aug. 16, 1937, ch. 665, §1, 50 Stat. 666; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Amendments

1974—Pub. L. 93–283 substituted “the navigable waters or waters above the continental shelf of the United States” for “any navigable waters of the United States”.

1965—Pub. L. 89–191 vested sole responsibility for wreck marking in the Coast Guard by giving the Secretary discretionary authority to mark wrecks or other similar obstructions for as long as in his judgment the needs of maritime navigation may require, by removing reference to responsibility of the Department of the Army to mark wrecks, after abandonment and before removal, and by giving the Secretary the authority to terminate an owner's liability to pay the cost of marking a wreck.

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