---
kind: "section"
citation: "46 U.S.C. § 57105"
title: "46"
title_heading: "Shipping"
number: "57105"
heading: "Acquisition of vessels for essential services, routes, or lines"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/57105"
units:
  - "Subtitle V — Merchant Marine"
  - "Part F — Government-Owned Merchant Vessels"
  - "Chapter 571 — General Authority"
---

# §57105. Acquisition of vessels for essential services, routes, or lines

- (a) **In General.—** The [Secretary](/usc/46/53101.md?p=8) of Transportation may acquire a [vessel](/usc/46/53501.md?p=9), by purchase or otherwise, if—
  - (1) the [Secretary](/usc/46/53101.md?p=8) considers the [vessel](/usc/46/53501.md?p=9) necessary to establish, maintain, improve, or serve as a replacement on an essential service, route, or line in the [foreign commerce](/usc/46/53101.md?p=4) of the [United States](/usc/46/53101.md?p=10), as determined under [section 50103 of this title](/usc/46/50103.md);
  - (2) the [vessel](/usc/46/53501.md?p=9) was constructed in the [United States](/usc/46/53101.md?p=10); and
  - (3) the [Secretary](/usc/46/53101.md?p=8) of the Navy has certified to the [Secretary](/usc/46/53101.md?p=8) of Transportation that the [vessel](/usc/46/53501.md?p=9) is suitable for economical and speedy conversion into a naval or military auxiliary or otherwise suitable for use by the [United States](/usc/46/53101.md?p=10) Government in time of war or national emergency.
- (b) **Price.—** The price paid for the [vessel](/usc/46/53501.md?p=9) shall be based on a fair and reasonable valuation. However, the price may not exceed by more than 5 percent the cost of the [vessel](/usc/46/53501.md?p=9) to the owner (excluding any [construction](/usc/46/53701.md?p=3)-differential subsidy and the cost of national defense features paid by the [Secretary](/usc/46/53101.md?p=8) of Transportation) plus the [actual cost](/usc/46/53701.md?p=1) previously expended for [reconditioning](/usc/46/53701.md?p=3), less depreciation based on a 25-year life for a dry-[cargo](/usc/46/53901.md?p=2) or [passenger vessel](/usc/46/2101.md?p=33) and a 20-year life for a [tanker](/usc/46/2101.md?p=52) or other liquid bulk carrier [vessel](/usc/46/53501.md?p=9).
- (c) **Documentation.—** A [vessel](/usc/46/53501.md?p=9) acquired under this section that is not documented under the laws of the [United States](/usc/46/53101.md?p=10) at the time of acquisition shall be so documented as soon as practicable.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1660.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 57105 | 46 App.:1125. | June 29, 1936, ch. 858, title II, § 215, as added June 23, 1938, ch. 600, § 4, 52 Stat. 954; Pub. L. 86–518, § 1, June 12, 1960, 74 Stat. 216; Pub. L. 97–31, § 12(73), Aug. 6, 1981, 95 Stat. 160. |
|  | 46 App.:1125 note. | Pub. L. 86–518, § 9, June 12, 1960, 74 Stat. 217. |

In subsection (a), the words “and to pay for the same out of his construction fund” are omitted as obsolete because the construction fund established under 46 App. U.S.C. 1116 was impliedly abolished by 46 App. U.S.C. 1119, as amended.

In subsection (b), the words “less depreciation based on a 25-year life for a dry-cargo or passenger vessel and a 20-year life for a tanker or other liquid bulk carrier vessel” are substituted for “less depreciation based upon a twenty-five year life expectancy of the vessel” because of section 9 of Public Law 86–518 (June 12, 1960, 74 Stat. 217), which provided that “Nothing in any amendment made by this Act [including section 1 substituting ‘twenty-five’ for ‘twenty’ in 46 App. U.S.C. 1125] shall operate or be interpreted to change from twenty to twenty-five years the provisions of the Merchant Marine Act, 1936, as amended, relating to the commercial expectancy or period of depreciation of any tanker or other liquid bulk carrier.”