EP 1130-2-520
29 Nov 96
(e) Date/description of incident/sinking (if known)
(f) Identification of owner, operator or lessee
(g) Summary of consultation with Coast Guard
- Coast Guard point of contact
- notes re: all hazard-to-navigation factors
- remedial actions done/planned
- rationale for decisions
(h) Signature of decision-authority (Corps)
(i) Documentation establishing abandonment
(j) Authority cite (section 19 or 20)
(k) Cost estimate/schedule
(l) Procurement documentation
(m) Final disposition - date, cost, disposal
(2) Cost/expense records. Any case which results in Corps removal is potentially a case
for reimbursement, even if the owner (or other responsible party) is not known at the time of
removal. In all such cases, records shall be maintained to account for all Corps hired labor
involved in the process, detailing for each individual the time spent by task (e.g., writing
plans/specs for removal, monitoring contractor, etc.).
d. Choosing the responsible party. Historically, the owner has a special obligation for
wreck removal, even while PL 99-662 extends jurisdiction to operators or lessees. In all cases
where the owner can be identified and reached, the Corps will pursue removal by the owner,
regardless of which party may have been responsible for the wreck/incident. (Note: owners cannot
delegate liability or relieve themselves of liability by selling, transferring ownership or abandoning
the wreck.) When the owner is not determinable or available (and the wreck occurred after
November 17, 1986), the operator or lessee may be compelled to remove the wreck, again
regardless of negligence or responsibility for the incident.
e. Abandonment issues.
(1) Abandonment is an owner's giving up the exclusive right to salvage.
(2) The lapse of 30 days with no action is sufficient legally to establish abandonment,
however, Corps policy is to provide 30 days after notification to the owner of their legal
obligation.
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