PART 245—REMOVAL OF WRECKS AND OTHER OBSTRUCTIONS Authority: 5 U.S.C. 301; 33 U.S.C. 1, 409, 411-415; 10 U.S.C. 3012. Source: 53 FR 27513, July 21, 1988, unless otherwise noted. § 245.1 Purpose. This part describes administrative procedures and policy used by the Corps of Engineers in exercising its authority for wreck removal. Procedures are intended to insure that the impacts of obstructions are minimized, while recognizing certain rights of owners, operators and lessees. § 245.3 Applicability. (a) These procedures apply to the removal of wrecks or other obstructions within the navigable waters of the United States, as defined in part 329 of this chapter. (b) This part does not apply to the summary removal or destruction of a vessel by the Coast Guard under authority of the Clean Water Act (33 U.S.C. 1321), or to any removal actions involving obstructive bridges which are subject to separate regulation under part 114 of this title. (c) For vessels which were sunk or wrecked prior to November 17, 1986, the statutory obligation to remove belongs solely to the owner (not the operator or lessee), and the owner's obligation to reimburse the U.S. Treasury for federal removal is limited to cases of voluntary or careless sinking. § 245.5 Definitions. Abandonment Hazard to navigation Obstruction Responsible party Vessel § 245.10 General policy. (a) Coordination with Coast Guard. (b) Owner responsibility. (c) Emergency authority. (d) Non-emergency situations. (e) Corps removal. § 245.15 Delegation. District Engineers may undertake removal without prior approval of the Chief of Engineers provided the cost does not exceed $100,000. Removals estimated to cost above $100,000 require advance approval of the Director of Civil Works. § 245.20 Determination of hazard to navigation. (a) Upon receiving a report of a wreck or other obstruction, District Engineers will consult with the Coast Guard district to jointly determine whether the obstruction poses a hazard to navigation. (b) Factors to be considered, as a minimum, include: (1) Location of the obstruction in relation to the navigable channel and other navigational traffic patterns. (2) Navigational difficulty in the vicinity of the obstruction. (3) Clearance or depth of water over the obstruction, fluctuation of water level, and other hydraulic characteristics in the vicinity. (4) Type and density of commercial and recreational vessel traffic, or other marine activity, in the vicinity of the obstruction. (5) Physical characteristics of the obstruction, including cargo, if any. (6) Possible movement of the obstruction. (7) Location of the obstruction in relation to existing aids to navigation. (8) Prevailing and historical weather conditions. (9) Length of time the obstruction has been in existence. (10) History of vessel accidents involving the obstruction. § 245.25 Determination of remedial action. (a) Consultation with Coast Guard. (b) Options. (1) No action. (2) Charting. (3) Broadcast notice to mariners and publication of navigational safety information. (4) Marking. (5) Redefinition of navigational area (e.g., channel, fairway, anchorage, etc.). (6) Removal. § 245.30 Identification of responsible parties. (a) Investigation. (b) Notification. (c) Public notice. § 245.35 Judgments to require removal. When the owner or responsible party has been identified, and refuses or fails to take prompt action toward removal, the District Engineer may seek a judgment by the district court requiring removal. § 245.40 Removal by responsible party. (a) Corps monitoring. (1) Marking is accomplished promptly and is maintained, (2) The plan for removal and disposal is reasonable and acceptable to the District Engineer, (3) Removal operations do not unreasonably interfere with navigation, (4) All conditions of the Corps of Engineers permit are met, and (5) Removal operations are pursued diligently. (b) Deficiencies. § 245.45 Abandonment. (a) Establishing abandonment. (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. (c) Non-diligence. (d) Cargo. (e) Later claims. (f) Continuing owner liability. § 245.50 Removal by Corps of Engineers. (a) Non-emergency situations. (1) A determination has been made, in consultation with the Coast Guard, that the obstruction is a hazard to navigation, (2) The District Engineer and the Coast Guard agree on a course of action which includes the need for removal (or, if a conflict exists, the need for removal has been resolved at higher level), (3) The District Engineer has made a reasonable attempt to identify the owner, operator, or lessee, and (4) Abandonment of the wreck or obstruction has been established. (b) Emergency actions. (1) The obstruction impedes or stops navigation, or (2) The obstruction poses an immediate threat to life, property, or a structure that facilitates navigation. § 245.55 Permit requirements. (a) Permits for removal. (b) Special conditions. § 245.60 Reimbursement for removal costs. The Corps of Engineers will seek reimbursement from the owner, operator, or lessee, if identified, for all removal and disposal costs in excess of the value of the recovered vessel (or other obstruction) and cargo.