§ 414. — Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC414]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 414. Removal by Secretary of the Army of sunken water craft
generally; liability of owner, lessee, or operator
(a) Whenever the navigation of any river, lake, harbor, sound, bay,
canal, or other navigable waters of the United States shall be
obstructed or endangered by any sunken vessel, boat, water craft, raft,
or other similar obstruction, and such obstruction has existed for a
longer period than thirty days, or whenever the abandonment of such
obstruction can be legally established in a less space of time, the
sunken vessel, boat, water craft, raft, or other obstruction shall be
subject to be broken up, removed, sold, or otherwise disposed of by the
Secretary of the Army at his discretion, without liability for any
damage to the owners of the same: Provided, That in his discretion, the
Secretary of the Army may cause reasonable notice of such obstruction of
not less than thirty days, unless the legal abandonment of the
obstruction can be established in a less time, to be given by
publication, addressed ``To whom it may concern,'' in a newspaper
published nearest to the locality of the obstruction, requiring the
removal thereof: And provided also, That the Secretary of the Army may,
in his discretion, at or after the time of giving such notice, cause
sealed proposals to be solicited by public advertisement, giving
reasonable notice of not less than ten days, for the removal of such
obstruction as soon as possible after the expiration of the above
specified thirty days' notice, in case it has not in the meantime been
so removed, these proposals and contracts, at his discretion, to be
conditioned that such vessel, boat, water craft, raft, or other
obstruction, and all cargo and property contained therein, shall become
the property of the contractor, and the contract shall be awarded to the
bidder making the proposition most advantageous to the United States:
Provided, That such bidder shall give satisfactory security to execute
the work: Provided further, That any money received from the sale of any
such wreck, or from any contractor for the removal of wrecks, under this
paragraph shall be covered into the Treasury of the United States.
(b) The owner, lessee, or operator of such vessel, boat, watercraft,
raft, or other obstruction as described in this section shall be liable
to the United States for the cost of removal or destruction and disposal
as described which exceeds the costs recovered under subsection (a) of
this section. Any amount recovered from the owner, lessee, or operator
of such vessel pursuant to this subsection to recover costs in excess of
the proceeds from the sale or disposition of such vessel shall be
deposited in the general fund of the Treasury of the United States.
(Mar. 3, 1899, ch. 425, Sec. 19, 30 Stat. 1154; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX,
Sec. 939(b), Nov. 17, 1986, 100 Stat. 4199.)
Codification
Section is from act Mar. 3, 1899, popularly known as the ``Rivers
and Harbors Appropriation Act of 1899''.
Prior Provisions
Section superseded act June 14, 1880, ch. 211, Sec. 4, 21 Stat. 197,
and act Aug. 2, 1882, ch. 375, 22 Stat. 208, which required the
Secretary of War to give notice to the persons interested in wrecks
obstructing navigation of the purpose of the Secretary to remove the
same unless such parties should do so, and authorized the Secretary to
remove the same on the failure of the parties interested to do so, and
to sell the same to the highest bidder, and also authorized the
Secretary to dispose of any sunken vessel or cargo before removal.
Section also superseded act Sept. 19, 1890, ch. 907, Sec. 8, 26
Stat. 454, which authorized the Secretary of War to remove wrecks
remaining for more than two months.
Amendments
1986--Pub. L. 99-662 designated existing provision as subsec. (a)
and added subsec. (b).
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Transfer of Functions
Functions, powers and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670,
Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department
of Transportation. Pub. L. 97-449 amended section 401 of this title to
reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and
repealed section 6(g)(6)(A).
For transfer of certain functions insofar as they pertain to Air
Force, and to extent that they were not previously transferred to
Secretary of the Air Force and Department of the Air Force from
Secretary of the Army and Department of the Army, see Secretary of
Defense Transfer Order No. 40 [App. A(57)], July 22, 1949.
Section Referred to in Other Sections
This section is referred to in sections 409, 411, 412, 415, 416, 418
of this title; title 43 section 2105.
