---
kind: "section"
citation: "46 U.S.C. § 4704"
title: "46"
title_heading: "Shipping"
number: "4704"
heading: "Removal of abandoned barges"
release: "119-102"
date: "2026-07-12"
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 that is abandoned after complying with the following procedures:
    - (A) If the identity of the [owner](/usc/46/10101.md?p=2) or operator can be determined, the [Secretary](/usc/46/2101.md?p=46) shall notify the [owner](/usc/46/10101.md?p=2) or operator by certified mail—
      - (i) that if the barge is not removed it will be removed at the [owner](/usc/46/10101.md?p=2)’s or operator’s expense; and
      - (ii) of the penalty under section 4703.
    - (B) If the identity of the [owner](/usc/46/10101.md?p=2) 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 is located

      that if the barge is not removed it will be removed at the [owner](/usc/46/10101.md?p=2)’s or operator’s expense.

  - (2) The United States, and any officer or employee of the United States is not liable to an [owner](/usc/46/10101.md?p=2) or operator for damages resulting from removal of an abandoned barge under this subchapter.
- (b) The [owner](/usc/46/10101.md?p=2) or operator of an abandoned barge is liable, and an abandoned barge is liable in rem, for all expenses that the United States incurs in removing an abandoned barge 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.
  - (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 and all property on the barge 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 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”.