33 C.F.R. § 245.50

Removal by Corps of Engineers

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(a) Non-emergency situations. In non-emergency situations, the District Engineer may undertake removal action (within the limits of delegation) after all of the following conditions have been met:

(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. In emergency situations, the District Engineer may bypass (within the limits of delegation) any or all of the four conditions in the preceding paragraph if, in his judgment, circumstances require more immediate action, and if either one of the following conditions are met:

(1) The obstruction impedes or stops navigation, or

(2) The obstruction poses an immediate threat to life, property, or a structure that facilitates navigation.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: In Re S. Scrap Material Co., LLC, 713 F. Supp. 2d 568 (E.D. La. 2010).

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In Re S. Scrap Material Co., LLC, 713 F. Supp. 2d 568 (E.D. La. 2010). “33 C.F.R. § 245.50 (b). Section 415 of the Wreck Act provides for recovery of “actual costs” when the government removes a wreck in an emergency: The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be…”

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