EP 1165-2-1
30 Jul 99
(33 U.S.C. 3) authorizes the Corps to establish danger zones and
regulate navigation in areas likely to be endangered by target
practice or other military operations. Regulations for specific
danger zones are published in 33 CFR 334. Danger zone regulations are
generally enforced by the military commander of the affecting command.
12-15. Drift and Debris Removal. The term "drift" includes any
buoyant material that could cause damage to a commercial or
recreational vessel. The term "debris" includes any abandoned or
dilapidated structure or any partially sunken vessel or other object
that can reasonably be expected to collapse or otherwise enter
navigable waters as drift. Action by the Corps in removing drift or
debris from navigable waterways is generally limited to the removal
and disposal from the authorized project limits and immediate adjacent
waterway areas (where the material may be carried into the channel) in
the interest of general navigation. Drift collection is not
accomplished in the slips of piers and wharves. Material lying in the
shallow areas outside of the channels or along the shore is not
gathered.
a. Existing Corps Projects. Specific and limited local
programs for continuing debris collection and disposal have been
authorized by Congress for New York, Baltimore, and Norfolk Harbors;
Potomac and Anacostia Rivers in the Washington, D.C. Metropolitan
area; and San Francisco Harbor and Bay, California. These
authorizations are on an individual basis, and the work is carried out
as authorized at each locality as a separate, distinct project.
b. General Project Authorization. Section 202 of WRDA 1976
(Public Law 94-587) provides general authority for developing projects
for the collection and removal of drift and debris from publicly
maintained commercial boat harbors and from land and water areas
immediately adjacent thereto. The Federal participation in the cost
of any such project can be two-thirds of the cost of the project.
Non-Federal interests are required to recover the full cost of drift
or debris removal from any identified owner of the source of drift or
debris and repair potential sources so that they no longer create a
potential source of drift or debris. Non-Federal interests must also
provide all needed land, easements and rights-of-way; hold and save
the United States free from damages which may result from the
sponsor's performance of, or failure to perform, any of its required
responsibilities, and regulate the project environs to prevent
creation of future sources of drift. Although WRDA 1976 provides
general authority for development of drift and debris removal
projects, Department of the Army does not currently support
authorization of, or budgeting for such projects.
12-16. Wreck Removal. Removal of sunken vessels, or other similar
obstructions is governed by Sections 15, 19, and 20 of the River and
Harbor Act of 1899, as amended. Primary responsibility for removal
belongs to the owner, operator, or lessee. If the obstruction is a
hazard to navigation and removal is not undertaken promptly and
diligently, the Corps may obtain a court judgment requiring removal,
or remove the wreck and seek reimbursement for the full cost of
removal and disposal. Determinations of hazard to navigation and
Federal marking/removal actions are coordinated with the Coast Guard
in accordance with the related memorandum of agreement between the two
agencies dated 16 October 1985. Removal and procedures are outlined
in 33 CFR 245. (ER 1130-2-520)
12-15
Previous Page
