[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR245.10]

[Page 336]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 245--REMOVAL OF WRECKS AND OTHER OBSTRUCTIONS--Table of Contents
 
Sec. 245.10  General policy.

    (a) Coordination with Coast Guard. The Corps of Engineers 
coordinates its wreck removal program with the Coast Guard through 
interagency agreement, to insure a coordinated approach to the 
protection of federal interests in navigation and safety. Disagreements 
at the field level are resolved by referral to higher authority within 
each agency, ultimately (within the Corps of Engineers) to the Director 
of Civil Works, who retains the final authority to make independent 
determinations where Corps responsibilities and activities are affected.
    (b) Owner responsibility. Primary responsibility for removal of 
wrecks or other obstructions lies with the owner, lessee, or operator. 
Where an obstruction presents a hazard to navigation which warrants 
removal, the District Engineer will attempt to identify the owner or 
other responsible party and vigorously pursue removal by that party 
before undertaking Corps removal.
    (c) Emergency authority. Obstructions which impede or stop 
navigation; or pose an immediate and significant threat to life, 
property, or a structure that facilitates navigation; may be removed by 
the Corps of Engineers under the emergency authority of section 20 of 
the Rivers and Harbors Act of 1899, as amended.
    (d) Non-emergency situations. In other than emergency situations, 
all reported obstructions will be evaluated jointly by the District 
Engineer and the Coast Guard district for impact on safe navigation and 
for determination of a course of action, which may include the need for 
removal. Obstructions which are not a hazard to general navigation will 
not be removed by the Corps of Engineers.
    (e) Corps removal. Where removal is warranted and the responsible 
party cannot be identified or does not pursue removal diligently, the 
District Engineer may pursue removal by the Corps of Engineers under 
section 19 of the Rivers and Harbors Act of 1899, as amended, following 
procedures outlined in this CFR part.