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Code · BILL · 119th Congress · S. 524 (Engrossed in Senate) — To authorize appropriations for the Coast Guard, and for other purposes. · Sec. 250

Sec. 250. Abandoned and derelict vessel removals

955 words·~4 min read·/bill/119/s/524/es/section-250

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Chapter 47 of title 46, United States Code, is amended— in the chapter heading by striking and inserting Barges ; Vessels by inserting before section 4701 the following: ; and by adding at the end the following: In this subchapter: The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days. The term covered vessel means a vessel that is not a barge to which subchapter I applies. The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States. With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall— attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and notify such owner— of the penalty described in subsection (c); and that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel.
The Commandant shall provide the notice required under subparagraph (A)— if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph
(1)of whether a covered vessel described in such paragraph is abandoned. The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection
(b)for a violation of subsection (a). The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1). The Commandant shall not assess a penalty if the Commandant determines the vessel was abandoned due to major extenuating circumstances of the owner or operator of the vessel, including long term medical incapacitation of the owner or operator. The Commandant may not determine that a covered vessel is abandoned under this section if— such vessel is located at a federally approved or State approved mooring area; such vessel is located on private property with the permission of the owner of such property; the owner or operator of such vessel provides a notification to the Commandant that— indicates the location of the vessel; indicates that the vessel is not abandoned; and contains documentation proving that the vessel is allowed to be in such location; or the Commandant determines that such an abandonment determination would not be in the public interest. Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025 , the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned. The inventory established and maintained under subsection
(a)shall include data on each vessel, including geographic information system data related to the location of each such vessel. The Commandant shall make the inventory established under subsection
(a)publicly available on a website of the Coast Guard. In carrying out this section, the Commandant shall develop a process by which— a State, Indian Tribe, Native Hawaiian organization, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711. Except in a response action carried out under section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ) or in the case of imminent threat to life and safety, the Commandant shall not be responsible for removing any covered vessels listed on the inventory established and maintained under subsection (a). . The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section). Chapter 47 of title 46, United States Code, is amended— in section 4701— in the matter preceding paragraph
(1)by striking chapter and inserting subchapter ; and in paragraph
(2)by striking chapter and inserting subchapter ; in section 4703 by striking chapter and inserting subchapter ; in section 4704 by striking chapter each place it appears and inserting subchapter ; and in section 4705 by striking chapter and inserting subchapter . The analysis for chapter 47 of title 46, United States Code, is amended— by inserting before the item relating to section 4701 the following: Subchapter I—Barges ; and by adding at the end the following: Subchapter II—Non-Barge Vessels 4710. Definitions. 4711. Abandonment of vessels prohibited. 4712. Inventory of abandoned vessels. .
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Sec. 250
Abandoned and derelict vessel removals
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