[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7719 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7719

    To provide for the removal of abandoned vessels, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2024

Mr. 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 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To provide for the removal of abandoned vessels, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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:

                       ``SUBCHAPTER I--BARGES'';

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

                   ``SUBCHAPTER II--NON-BARGE VESSELS

``Sec. 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).
``Sec. 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.
``Sec. 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--vessels

``4710. Definitions.
``4711. Abandonment of vessels prohibited.
``4712. Inventory of abandoned vessels.''.

SEC. 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.

SEC. 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''.

SEC. 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:
``Sec. 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.''.

SEC. 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:

``SEC. 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.
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