§ 86. — Marking of obstructions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC86]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 5--FUNCTIONS AND POWERS
Sec. 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, Sec. 1(3), May 14, 1974, 88 Stat. 139.)
Historical and Revision Notes
Based on title 33, U.S.C., 1946 ed., Sec. 736 (R.S. 4676; June 17,
1910, ch. 301, Sec. 6, 36 Stat. 538; Aug. 16, 1937, ch. 665, Sec. 1, 50
Stat. 666; 1939 Reorg. Plan No. II, Sec. 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.
