§ 415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1899

   Pub. L. 55–425 § 20 · 30 Stat. 1121

   Enacted · 33 U.S.C. § 415

   Mar. 3, 1899, ch. 425, § 20, 30 Stat. 1154

   Source evidence

   Code source credit
   Mar. 3, 1899, ch. 425, § 20, 30 Stat. 1154

   Enacted provision · exact public law section
   Sec. 20. That under emergency, in the case of any vessel, boat, water craft, or raft, or other similar obstruction, sinking or grounding, or being unnecessarily delayed in any Government canal or lock, or in FIFTY-FIFTH CONGRESS. Sess. III. Ch. 425. 1899. any navigable waters mentioned in section nineteen, in such manner as to stop, seriously interfere with, or specially endanger navigation, in the opinion of the Secretary of War, or any agent of the United States to whom the Secretary may delegate proper authority, the Secretary of War 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 Provisos. —notice. 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 expense of removing any such obstruction —expense of removal. as aforesaid shall be a charge against such craft and cargo; and —reimbursement. 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. Such sum of money as may be necessary to execute this section and Appropriation. the preceding section of this Act is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be paid out on the requisition of the Secretary of War. That all laws or parts of laws inconsistent with the foregoing sections Repeal. ten to twenty, inclusive, of this Act are hereby repealed: Provided, Proviso. That no action begun, or right of action accrued, prior to the —prior actions excepted. passage of this Act shall be affected by this repeal.

2. 1986

   Pub. L. 99–662 title IX § 939(b) · 100 Stat. 4082

   1. Amended · 33 U.S.C. § 415

      Pub. L. 99–662 designated existing provision as subsec. (a)

   2. Added · 33 U.S.C. § 415

      Pub. L. 99–662 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 99–662 designated existing provision as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (b) Sections 19 and 20 of the Act of March 3, 1899 (30 Stat. 1154; 33 U.S.C. 414 and 415) are amended by inserting “(a)” before the first word of each section and by adding the following new subsection at the end of each section: “(b) The owner, lessee, or operator of such vessel, boat, watercraft, Maritime affairs. 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). 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.”.

3. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 218(b)(1) · 110 Stat. 3658

   Substituted · 33 U.S.C. § 415(a)

   Pub. L. 104–303, § 218(b)(1), substituted “actual expense, including administrative expenses, of removing” for “expense of removing”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–303, § 218(b)(1), substituted “actual expense, including administrative expenses, of removing” for “expense of removing”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “expense” the 1st place it appears and inserting “actual expense, including administrative expenses,”;

4. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 218(b)(4) · 110 Stat. 3658

   Redesignated · 33 U.S.C. § 415(b)

   Pub. L. 104–303, § 218(b)(4), added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–303, § 218(b)(4), added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (4) by inserting after subsection (a) the following: “(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).”.

5. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 218(b)(2) · 110 Stat. 3658

   1. Redesignated · 33 U.S.C. § 415(c)

      Pub. L. 104–303, § 218(b)(2), (3), redesignated subsec. (b) as (c)

   2. Substituted · 33 U.S.C. § 415(c)

      Pub. L. 104–303, § 218(b)(2), (3), substituted “actual cost, including administrative costs, of removal” for “cost of removal”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–303, § 218(b)(2), (3), redesignated subsec. (b) as (c) and substituted “actual cost, including administrative costs, of removal” for “cost of removal”.

   Enacted provision · exact public law section
   (2) in subsection (b) by striking “cost” and inserting “actual cost, including administrative costs,”;

7 of 7 references resolved to an enrolled provision