EP 1130-2-520
29 Nov 96
(3) After the Corps establishes abandonment (in cases where the Corps will undertake
removal), a letter will be sent to the owner (or operator/lessee) as notification. Appendix K is a
sample letter, which may be tailored to individual cases.
(4) A declaration of abandonment from the owner is sufficient to establish abandonment
in less than 30 days. A declaration from any other party does not constitute a valid abandonment,
since abandonment relates to title in the vessel. Before establishing abandonment on the basis of a
declaration, the District Commander should ensure that the person being represented as the owner
is in fact the legal owner.
(5) Any declaration or offer of abandonment shall be acknowledged in writing. The reply
shall not indicate in any way that the Corps is "accepting" abandonment or accepting
responsibility/ liability for the wreck. The sample letter at Appendix L shall be used in such cases.
If the letter was received from a party other than the legal owner, the reply should additionally
recognize that fact.
(6) An abandonment, once established, generally cannot be retracted by the owner. The
advice of counsel should be sought in such cases.
(7) Salvage by a third party (before or after abandonment) does not affect the obligation
of the original owner to mark and remove the wreck.
f. Emergency removal authority under "Section 20" of the River and Harbor Act of 1899,
as amended (33 USC 409, 411-415) should be used only when an expedited removal is necessary
for the protection of life or property, or when an obstruction seriously impedes navigation.
Emergency removals may involve a taking of private property by the Federal Government, with a
potential for legal liability if not sufficiently justified by the circumstances. The exercise of this
authority is always a special case, and therefore requires special notifications to HQUSACE when
invoked.
g. Delegation limits. The authority to undertake removal up to 0,000 (contract cost)
is delegated to district commanders (and MSC commanders for operating divisions). Further
delegation is authorized, but must be in writing (either specifying individual name or job position).
Delegation of emergency removal authority (Section 20 removals) may not be made below the
level of the Chief, Construction-Operations Division (or Operations Division). Note: Emergency
actions to prevent loss of life or significant property damage shall NEVER be delayed on the basis
of estimated cost or lack of cost estimate.
4-5. Coordination with Coast Guard.
a. Coast Guard evaluations not binding. The MOA charges each agency with pursuing a
joint determination of whether an obstruction constitutes a hazard to navigation. District
commanders should not simply defer to the Coast Guard in this decision process. They should
assess the situation from the Corps perspective, make a judgment, and attempt to reconcile that
judgment with the Coast Guard district. It is anticipated that most determinations can be agreed
upon at that level, but some may require referral up the chain of command, or to HQUSACE.
The District Commander should also keep in mind that a hazard determination does not by itself
dictate need for removal. The degree of hazard can, in some cases, be mitigated by other
response actions.
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