[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: 33CFR245.45]



[Page 347]

 

                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.  245.45  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.