[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: 33CFR245.45]

[Page 338]
 
                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. 245.45  Abandonment.

    (a) Establishing abandonment. Abandonment is the surrendering of all 
rights to a vessel (or similar obstruction) and its cargo by the owner, 
or owners if vessel and cargo are separately owned. In all cases other 
than emergency, abandonment will be established as a precondition to 
Corps removal, to avoid a ``taking'' of private property for public 
purposes. Abandonment is established by either:
    (1) Affirmative action on the part of the owner declaring intention 
to abandon, or
    (2) Failure to commence immediate removal of the obstruction and 
prosecute such removal diligently.
    (b) Owner declaration. The Corps of Engineers will not ``accept'' a 
notice of abandonment. Any notice of abandonment received by the Corps 
of Engineers will be acknowledged only, and will stand by itself as a 
declaration. Abandonment by the operator or lessee alone does not 
constitute abandonment.
    (c) Non-diligence. The determination of whether removal is commenced 
immediately and prosecuted diligently will be made by the District 
Engineer based on the degree of hazard to navigation, the difficulty and 
complexity of the removal operation, and the appropriateness of the 
removal effort. When no removal actions are being undertaken and the 
District Engineer is unable to identify the owner through investigation 
or 30 days of public notice, abandonment is presumed.
    (d) Cargo. If vessel and cargo are separately owned, or ownership of 
cargo is uncertain, abandonment of vessel and cargo will be established 
separately.
    (e) Later claims. After abandonment is established, the owner may no 
longer undertake removal or make any claim upon the vessel (or other 
obstruction) or its cargo, unless expressly permitted by the District 
Engineer.
    (f) Continuing owner liability. The abandonment of a wreck or other 
obstruction does not remove the owner's liability for the cost of 
removal and disposal if removal is undertaken by the Corps of Engineers, 
except in cases of nonnegligent sinking which occurred prior to November 
17, 1986.