[Congressional Record Volume 140, Number 11 (Tuesday, February 8, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             THE WATERWAYS OBSTRUCTION REMOVAL ACT OF 1994

                                 ______


                            HON. JACK FIELDS

                                of texas

                    in the house of representatives

                       Tuesday, February 8, 1994

  Mr. FIELDS of Texas. Mr. Speaker, I am pleased to introduce today a 
bill that responds to a critical problem that exists in Texas ports and 
in waterways throughout this Nation.
  Emergency closure of the Port of Houston to commercial traffic 
because of obstructions by sunken or grounded vessels in the Houston 
Ship Channel has resulted in over $200 million in losses during recent 
years. It is time to take action to keep our Nation's ports and 
waterways open to trade and prevent even greater financial losses from 
occurring in the future.
  Section 2 of my bill addresses this problem by requiring immediate 
action by the owner or operator of a sunken or grounded vessel to 
remove or destroy a vessel that is obstructing a navigable waterway. 
Within 24 hours after a port or other navigable waterway is closed 
because of a sunken or grounded vessel by order of the Secretary of 
Transportation, the owner of the vessel must begin removal of the 
vessel or, if appropriate, secure the vessel to allow commercial 
traffic to resume. The owner or operator of the vessel must consult 
with the Secretary of the Army and gain the Secretary's approval before 
the owner or operator begins removal of the vessel or secures the 
vessel. Before approving a plan of removal, the Secretary must 
determine that the owner or operator is using the most expeditious 
method available under the circumstances to remove the vessel.
  Under this section, if the owner or operator fails to begin removal 
of the sunken or grounded vessel, or to secure the vessel pending 
removal, within 24 hours of the closure of the port or other navigable 
waterway, the Secretary of the Army may impose a civil penalty of up to 
$25,000 per day for each day during which the owner or operator fails 
to begin removal of the vessel. In addition, if the owner or operator 
fails to begin removal of or to secure the vessel within 24 hours, the 
Secretary of the Army shall remove or destroy the vessel using the 
summary removal procedures under subsection (a) of section 20 of the 
Act of March 3, 1899, 33 U.S.C. 415. Subsection (b) of this section 
amends section 20 of the Act of March 3, 1899, to allow the Secretary 
to recover from the owner or operator of the vessel the actual costs, 
including administrative costs, of any removal action taken under this 
section.
  Compliance with the requirement to begin removal of the vessel within 
24 hours will vary under the circumstances of each case. In some cases, 
it will be reasonable for the Secretary of the Army to determine that 
actual physical removal of the vessel must begin within 24 hours of the 
closing of the port. In other cases, it may be impossible to actually 
begin removal of a vessel in 24 hours because a specialized piece of 
equipment is not available. The Secretary of the Army must determine 
whether the owner or operator has satisfied the requirement to begin 
removal, based on the facts of each particular situation. The costs of 
a particular method of removal are not a factor in deciding whether or 
not an owner or operator has satisfied the requirement to begin 
removal. What must be determined by the Secretary under this bill is 
whether or not the owner or operator is doing everything feasible to 
remove the vessel, using the method that will allow commercial traffic 
to resume as quickly as possible. In all cases, the vessel must be 
secured pending removal of the vessel if securing the vessel allows 
commercial traffic to resume while removal actions continue to take 
place.
  Mr. Speaker, I look forward to early action on this important piece 
of legislation, and I want to thank my distinguished colleague from 
Texas, Greg Laughlin, for joining with me in this effort.

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