[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR245.10]



[Page 345]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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.