EP 1130-2-520
29 Nov 96
amount of information to be collected from vessel operators is to be held to a minimum,
consistent with the essential needs of the U.S. Army Corps of Engineers, including data to meet
valid requests of the public.
d. The NDC, through the Dredging Statistics Program, has the responsibility of
collection, management, and distribution of data on Corps dredging contract activities. This
includes data on bid schedules, location of contract, dredge type, and cubic yards.
5-4. Enforcement of Reporting Policy. The USACE considers compliance with all reporting
requirements established in conjunction with this regulation of the utmost importance and will use
every means at its disposal to enforce it.
a. Section 11 of the Rivers and Harbors Appropriation Act of 1922 (42 Stat. 1043), as
amended, is codified in 33 USC 555 and provides the following:
Owners, agents, masters, and clerks of vessels and other craft plying upon the
navigable waters of the United States, and all individuals and corporations engaged in
transporting their own goods upon the navigable waters of the United States, shall furnish
such statements relative to vessels, passengers, freight, and tonnage as may be required by
the Secretary of the Army: Provided, That this provision shall not apply to those rafting
logs except upon a direct request upon the owner to furnish specific information.
Every person or persons offending against the provisions of this section shall, for each
and every offense, be liable to a fine of not more than ,000, or imprisonment not
exceeding two months, to be enforced in any district court in the United States within
whose territorial jurisdiction such offense may have been committed. in addition, the
Secretary may assess a civil penalty of up to ,500, per violation, against any person or
entity that fails to provide timely, accurate statements required to be submitted pursuant to
this section by the Secretary.
b. To identify vessel operating companies that should be reporting waterborne commerce
data, the Corps will make use of, but will not be limited to, the following sources:
(1) Data on purchase and sale of vessels.
(2) U.S. Coast Guard vessel documentation and reports.
(3) Data collected at locks, canals, and other facilities operated by the Corps.
(4) Data provided by terminals on ENG Form 3926, Record of Arrivals and Departures
of Vessels at Marine Terminals.
(5) Data provided by the other Federal agencies including the Internal Revenue Service,
Customs Service, Maritime Administration, Department of Transportation, and Department of
Commerce.
(6) Data provided by ports, local facilities, and state or local governments.
(7) Data from trade journals and publications.
5-2
Previous Page
