[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Extensions of Remarks]
[Pages E1480-E1481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           ABANDONED AND DERELICT VESSEL REMOVAL ACT OF 1996

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                         Friday, August 2, 1996

  Mr. STARK. Mr. Speaker, today I am introducing the Abandoned and 
Derelict Vessel Removal Act of 1996. This act will provide the 
necessary tools to encourage the cleanup of a long-term public nuisance 
resulting from abandoned boats and barges found in the navigable waters 
of many communities in this country.
  This issue centers on dozens of abandoned boats and other debris 
which has accumulated along the Guadalupe Channel, which surrounds the 
community of Alviso, CA. This concern was first brought to my attention 
by members of the San Jose City Council, the Alviso Master Plan Task 
Force and, most important, members of the Alviso community. These 
abandoned vessels have become a public health and safety hazard to both 
the community as well as to those that use the adjacent public 
waterways. Unfortunately, Alviso is far from the only community that 
suffers from this problem.
  The Abandoned and Derelict Vessel Removal Act also make sense 
economically. Abandoned vessels do not just sit harmlessly by--these 
vessels are often used as an illegal dumping ground for hazardous 
materials. Cleaning up this mess is both expensive, time consuming, and 
places the health of the community in jeopardy. Between January 1988 
and September 1991, the Federal Government spent $5.2 million to remove 
282 abandoned vessels that blocked waterways. In that same time, 
Government spent nearly $5.7 million to clean up pollutants from just 
96 abandoned vessels. This legislation would cut cleanup costs to the 
Government by more than 300 percent.
  This legislation will establish clear authority to remove vessels 
left unattended in a public waterway that has not been designated as a 
harbor or marina for more than 45 days or those left unattended in an 
approved harbor or marina for more than 60 days. There are 
approximately 17 million recreational boaters using public waterways 
nationwide. It is estimated that this number will increase, on average, 
4 percent per year. Given this substantial increase in waterway users, 
regulation becomes necessary.
  This legislation empowers local authorities to keep public waterways 
clear while allowing boat or barge owners the opportunity to repair and 
remove vessels that are not actually abandoned. In addition, the 
removal of these derelict vessels will alleviate concerns regarding 
water quality and its impact on the public health of the local 
community.
  This legislation will promote cooperation between interested local 
citizens, community groups, and government agencies in their joint 
efforts to preserve and protect the navigable waters of the United 
States, and it will return the power to take action to the communities 
and force boat owners to take responsibility for their vessels. A 
community could instigate action simply by petitioning a local elected 
official to notify the Secretary of the Army of the problem. 
Proceedings to notify the boat owner, and ultimately to remove the 
boat, would then be taken by the Secretary.
  I urge my colleagues to support this legislation.

                                H.R. --

       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 1995''.

     SEC. 2. DEFINITIONS.

       In this Act, the following definitions apply:
       (1) Abandon.--The term ``abandon'' means to moor, strand, 
     wreck, sink, or leave a vessel unattended for longer than 45 
     days.
       (2) Navigable waters of the united states.--The term 
     ``navigable waters of the United States'' means waters of the 
     United States, including the territorial sea.
       (3) Removal; remove.--The term ``removal'' or ``remove'' 
     means relocation, sale, scrapping, or other method of 
     disposal.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (5) Vessel.--The term ``vessel'' includes recreational, 
     commercial, and government-owned vessels but does not include 
     vessels operated by the Coast Guard or the Navy.
       (6) Vessel removal contractor.--The term ``vessel removal 
     contractor'' means a person that enters into a contract with 
     the United States to remove an abandoned vessel under this 
     Act.

     SEC. 3. ABANDONMENT OF VESSEL PROHIBITED.

       An owner or operator of a vessel may not abandon it on the 
     navigable waters of the United States. A vessel is deemed not 
     to be abandoned if--
       (1) it is located at a federally or State-approved mooring 
     area;
       (2) it is on private property with the permission of the 
     owner of the property; or
       (3) the owner or operator notifies the Secretary that the 
     vessel is not abandoned and the location of the vessel.

     SEC. 4. PENALTY FOR UNLAWFUL ABANDONMENT OF VESSEL.

       Thirty days after the notification procedures under section 
     5(a)(1) are completed, the Secretary may assess a civil 
     penalty of not more than $500 for each day of the violation 
     against an owner or operator that violates section 3. A 
     vessel with respect to which a penalty is assessed under this 
     Act is liable in rem for the penalty.

[[Page E1481]]

     SEC. 5. REMOVAL OF ABANDONED VESSELS.

       (a) Procedures.--
       (1) In general.--The Secretary, in cooperation with the 
     Commandant of the Coast Guard, may remove a vessel that is 
     abandoned if--
       (A) an elected official of a local government has notified 
     the Secretary of the vessel and requested that the Secretary 
     remove the vessel; and
       (B) the Secretary has provided notice to the owner or 
     operator--
       (i) that if the vessel is not removed it will be removed at 
     the owner or operator's expense; and
       (ii) of the penalty under section 4.
       (2) Form of notice.--The notice to be provided to an owner 
     or operator under paragraph (1)(B) shall be--
       (A) if the identity of the owner or operator can be 
     determined, via certified mail; and
       (B) if the identity of the owner or operator cannot be 
     determined, via an announcement in a notice to mariners and 
     in an official journal of the county (or other equivalent 
     political subdivision) in which the vessel is located.
       (3) Limitation on liability of united states.--The United 
     States, and any officer or employee of the United States is 
     not liable to an owner or operator for damages resulting from 
     removal of an abandoned vessel under this Act.
       (b) Liability of Owner or Operator.--The owner or operator 
     of an abandoned vessel is liable, and an abandoned vessel is 
     liable in rem, for all expenses that the United States incurs 
     in removing the abandoned vessel under this Act.
       (c) Contracting Out.--
       (1) Solicitation of bids.--The Secretary may, after 
     providing notice under subsection (a)(1), solicit by public 
     advertisement sealed bids for the removal of an abandoned 
     vessel.
       (2) Contract.--After solicitation under paragraph (1) the 
     Secretary may award a contract. The contract--
       (A) may be subject to the condition that the vessel and all 
     property on the vessel is the property of the vessel removal 
     contractor; and
       (B) must require the vessel removal contractor to submit to 
     the Secretary a plan for the removal.
       (3) Commencement date for removal.--Removal of an abandoned 
     vessel may begin 30 days after the Secretary completes the 
     procedures under subsection (a)(1).

     SEC. 6. LIABILITY OF VESSEL REMOVAL CONTRACTORS.

       A vessel removal contractor and its subcontractor are not 
     liable for damages that result from actions taken or omitted 
     to be taken in the course of removing a vessel under this 
     Act. This section does not apply--
       (1) with respect to personal injury or wrongful death; or
       (2) if the contractor or subcontractor is grossly negligent 
     or engages in willful misconduct.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act such sums as may be necessary for fiscal years beginning 
     after September 30, 1996. Such funds shall remain available 
     until expended.

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