View all text of Subchapter I [§ 400 - § 430]

§ 414. Vessel removal by Corps of Engineers
(a) Removal of obstructive vessels
(1) In general
(2) Liability of owner, lessee, or operator
(b) Removal of abandoned vessel
(1) In generalThe Secretary is authorized to remove from the navigable waters of the United States a covered vessel that does not obstruct the navigation of such waters, if—
(A) such removal is determined to be in the public interest by the Secretary, in consultation with any State in which the vessel is located or any Indian Tribe with jurisdiction over the area in which the vessel is located, as applicable; 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 determines that the vessel is abandoned.
(2) Interagency agreementsIn removing a covered vessel under this subsection, the Secretary—
(A) is authorized to enter into an interagency agreement with the head of any Federal department, agency, or instrumentality that has control of such vessel; and
(B) is authorized to accept funds from such department, agency, or instrumentality for the removal of such vessel.
(3) Liability
(4) Covered vessel defined
(A) In generalIn this subsection, the term “covered vessel” means a vessel—
(i) determined to be abandoned by the Commandant of the Coast Guard; or
(ii) under the control of the United States by reason of seizure or forfeiture pursuant to any law.
(B) ExclusionThe term “covered vessel” does not include—
(i) any vessel for which the Secretary has removal authority under subsection (a) or section 415 of this title;
(ii) an abandoned barge for which the Commandant of the Coast Guard has the authority to remove under chapter 47 of title 46; and
(iii) a vessel—(I) for which the owner is not identified, unless determined to be abandoned by the Commandant of the Coast Guard; or(II) for which the owner has not agreed to pay the costs of removal, destruction, or disposal.
(5) Authorization of appropriations
(Mar. 3, 1899, ch. 425, § 19, 30 Stat. 1154; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99–662, title IX, § 939(b), Nov. 17, 1986, 100 Stat. 4199; Pub. L. 118–272, div. A, title I, § 1124(a), Jan. 4, 2025, 138 Stat. 3016.)