§ 415. — Summary removal of water craft obstructing navigation; 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: 33USC415]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 415. Summary removal of water craft obstructing navigation;
liability of owner, lessee, or operator
(a) Removal authority
Under emergency, in the case of any vessel, boat, water craft, or
raft, or other similar obstruction, sinking of grounding, or being
unnecessarily delayed in any Government canal or lock, or in any
navigable waters mentioned in section 414 of this title, in such manner
as to stop, seriously interfere with, or specially endanger navigation,
in the opinion of the Secretary of the Army, or any agent of the United
States to whom the Secretary may delegate proper authority, the
Secretary of the Army or any such agent shall have the right to take
immediate possession of such boat, vessel, or other water craft, or
raft, so far as to remove or to destroy it and to clear immediately the
canal, lock, or navigable waters aforesaid of the obstruction thereby
caused, using his best judgment to prevent any unnecessary injury; and
no one shall interfere with or prevent such removal or destruction:
Provided, That the officer or agent charged with the removal or
destruction of an obstruction under this section may in his discretion
give notice in writing to the owners of any such obstruction requiring
them to remove it: And provided further, That the actual expense,
including administrative expenses, of removing any such obstruction as
aforesaid shall be a charge against such craft and cargo; and if the
owners thereof fail or refuse to reimburse the United States for such
expense within thirty days after notification, then the officer or agent
aforesaid may sell the craft or cargo, or any part thereof that may not
have been destroyed in removal, and the proceeds of such sale shall be
covered into the Treasury of the United States.
(b) Removal requirement
Not later than 24 hours after the Secretary of the Department in
which the Coast Guard is operating issues an order to stop or delay
navigation in any navigable waters of the United States because of
conditions related to the sinking or grounding of a vessel, the owner or
operator of the vessel, with the approval of the Secretary of the Army,
shall begin removal of the vessel using the most expeditious removal
method available or, if appropriate, secure the vessel pending removal
to allow navigation to resume. If the owner or operator fails to begin
removal or to secure the vessel pending removal or fails to complete
removal on an expedited basis, the Secretary of the Army shall remove or
destroy the vessel using the summary removal procedures under subsection
(a) of this section.
(c) Liability of owner, lessee, or operator
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 actual cost, including administrative
costs, 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. 20, 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; Pub. L. 104-303, title II,
Sec. 218(b), Oct. 12, 1996, 110 Stat. 3696.)
Codification
Section is from part of section 20 of act Mar. 3, 1899, popularly
known as the ``Rivers and Harbors Appropriation Act of 1899''. Another
part of that section, appropriating money necessary to execute its
provisions, is classified to section 416 of this title.
Section 20 of act Mar. 3, 1899, also contained a repealing clause
with a proviso saving pending actions and rights of actions. It was
amended by act Feb. 20, 1900, ch. 23, Sec. 3, 31 Stat. 32, and again
amended by act June 13, 1902, ch. 1079, Sec. 12, 32 Stat. 375, by adding
another proviso which is classified to section 418 of this title.
Amendments
1996--Subsec. (a). Pub. L. 104-303, Sec. 218(b)(1), substituted
``actual expense, including administrative expenses, of removing'' for
``expense of removing''.
Subsec. (b). Pub. L. 104-303, Sec. 218(b)(4), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104-303, Sec. 218(b)(2), (3), redesignated
subsec. (b) as (c) and substituted ``actual cost, including
administrative costs, of removal'' for ``cost of removal''.
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
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
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, 416, 418 of
this title; title 43 section 2105.
