118 HR 7719 IH: Abandoned and Derelict Vessel Removal Act of 2024 U.S. House of Representatives 2024-03-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 7719IN THE HOUSE OF REPRESENTATIVESMarch 19, 2024Mr. Garamendi introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo provide for the removal of abandoned vessels, and for other purposes.

1.

Short title

This Act may be cited as the Abandoned and Derelict Vessel Removal Act of 2024.

2.

Abandoned and derelict vessels

(a)

In general

Chapter 47 of title 46, United States Code, is amended—(1)in the chapter heading by striking BARGES and inserting VESSELS;(2)by inserting before section 4701 the following:I

BARGES

;and(3)by adding at the end the following:II

NON-BARGE VESSELS

4710.

Definitions

In this subchapter:(1)

Abandon

The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days.(2)

Covered vessel

The term covered vessel means a vessel that is not a barge to which subchapter I applies.(3)

Indian tribe

The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

4711.

Abandonment of vessels prohibited

(a)

In general

An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States.(b)

Determination of abandonment

(1)

Notification

(A)

In general

With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall—(i)attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and(ii)notify such owner—(I)of the penalty described in subsection (c); and(II)that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel.(B)

Form

The Commandant shall provide the notice required under subparagraph (A)—(i)if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or(ii)if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard.(2)

Determination

The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned.(c)

Penalty

(1)

In general

The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a).(2)

Liability in rem

The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1).(d)

Vessels not abandoned

The Commandant may not determine that a covered vessel is abandoned under this section if—(1)such vessel is located at a federally approved or State approved mooring area or anchorage;(2)such vessel is located on private property with the permission of the owner of such property;(3)the owner or operator of such vessel provides a notification to the Commandant that—(A)indicates the location of the vessel;(B)indicates that the vessel is not abandoned; and(C)contains documentation proving that the vessel is allowed to be in such location; or(4)the Commandant determines that such an abandonment determination would not be in the public interest.

4712.

Inventory of abandoned vessels

(a)

In general

Not later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned.(b)

Contents

The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel.(c)

Publication

The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard.(d)

Reporting of potentially abandoned vessels

In carrying out this section, the Commandant shall develop a process by which—(1)a State, Indian Tribe, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); and(2)the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.

.(b)

Rulemaking

The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section).(c)

Conforming amendments

Chapter 47 of title 46, United States Code, is amended—(1)in section 4701—(A)in the matter preceding paragraph (1) by striking chapter and inserting subchapter; and(B)in paragraph (2) by striking chapter and inserting subchapter;(2)in section 4703 by striking chapter and inserting subchapter;(3)in section 4704 by striking chapter each place it appears and inserting subchapter; and(4)in section 4705 by striking chapter and inserting subchapter.(d)

Clerical amendments

The analysis for chapter 47 of title 46, United States Code, is amended—(1)by inserting before the item relating to section 4701 the following:Subchapter I—Barges; and(2)by adding at the end the following:Subchapter II—Vessels4710. Definitions.4711. Abandonment of vessels prohibited.4712. Inventory of abandoned vessels..

3.

Oil and hazardous substance removal

The removal and disposal of an abandoned vessel under the direction of an on-scene coordinator appointed under the National Contingency Plan developed under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) shall be deemed to be a removal action under such section for purposes of section 9509 of the Internal Revenue Code of 1986.

4.

Uses of oil spill liability trust fund

(a)

In general

Section 1012(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended—(1)in paragraph (4), by striking and at the end;(2)in paragraph (5)(D), by striking the period and inserting ; and; and(3)by adding at the end the following:(6)the payment of costs associated with the collection and disposal of an abandoned vessel, including a derelict vessel, by the President if—(A)such collection and disposal is determined to be in the public interest by the Federal Government, a State, or an Indian tribe; and(B)a determination that the vessel is abandoned is made by the Commandant of the Coast Guard in accordance with section 4711 of title 46, United States Code..(b)

Costs of collection and disposal of abandoned or derelict vessels

(1)

Cumulative costs

The cumulative cost for the collection and disposal of abandoned vessels, including derelict vessels, described in section 1012(a)(6) of the Oil Pollution Act of 1990 (as added by subsection (a)) in a calendar year shall be deemed to be a single incident for purposes of section 9509 of the Internal Revenue Code of 1986.(2)

Liability

The owner of any abandoned vessel, including a derelict vessel, collected and disposed of using funds from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(6) of the Oil Pollution Act of 1990 (as added by subsection (a)) shall be liable to the United States for the costs of such collection and disposal and such costs shall be deemed to be amounts described in section 9509(b)(2) of the Internal Revenue Code.(c)

Conforming amendment

Section 9509(f) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end , except with respect to section 1012(a)(6) of the Oil Pollution Act of 1990.

5.

Requirements for purchasing federally auctioned vessels

(a)

In general

Chapter 571 of title 46, United States Code, is amended by adding at the end the following:

57112.

Requirements for purchasing federally auctioned vessels

(a)

In general

To be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of—(1)liability insurance for the operator of such covered vessel;(2)proof of financial resources sufficient to cover maintenance costs of such covered vessel; and(3)with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation.(b)

Definition

In this section, the term covered vessel means—(1)a government-owned vessel disposed of in accordance with this part and section 548 of title 40;(2)a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; and(3)a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1860).

.(b)

Clerical amendment

The analysis for chapter 571 of title 46, United States Code, is amended by adding at the end the following:57112. Requirements for purchasing federally auctioned vessels..

6.

Removal of obstructive or abandoned vessels

(a)

In general

Section 19 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 414), is amended—(1)by striking by striking Sec. 19. (a) That whenever and inserting the following:

19.

Vessel removal by secretary of the army

(a)

Removal of obstructive vessels

(1)

In general

That whenever

;(2)in subsection (b)—(A)by striking described in this section and inserting described in this subsection; and(B)by striking under subsection (a) and inserting under paragraph (1);(3)by striking (b) The owner and inserting the following:(2)

Liability of owner, lessee, or operator

The owner; and(4)by adding at the end the following:(b)

Removal of abandoned vessel

(1)

In general

The Secretary of the Army is authorized to remove from the waters of the United States any abandoned vessel or any vessel under the control of the United States by reason of seizure or forfeiture pursuant to any law, that does not obstruct the navigation of such waters, if—(A)such removal is determined to be in the public interest by the Federal Government, a State, or an Indian tribe; and(B)in the case of a vessel that is not under the control of the United States by reason of seizure or forfeiture, the Commandant of the Coast Guard makes a determination that the vessel is abandoned in accordance with section 4711 of title 46, United States Code.(2)

Interagency agreements

In removing a vessel under this section that is under the control of the United States by reason of seizure or forfeiture, the Secretary shall enter into an interagency agreement with the head of the Federal department, agency, or instrumentality that has control of such vessel.(3)

Liability

The owner of any vessel described in paragraph (1) that is not under the control of the United States by reason of seizure or forfeiture shall be liable to the United States for the costs of removal and disposal of such vessel..(b)

Conforming amendment

Section 1115 of the Water Resources Development Act of 1986 (100 Stat. 4235; 102 Stat. 4026) is repealed.