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U.S. Code as of:
01/19/04
Section 414. Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator
(a) Whenever the navigation of any river, lake, harbor, sound,
bay, canal, or other navigable waters of the United States shall be
obstructed or endangered by any sunken vessel, boat, water craft,
raft, or other similar obstruction, and such obstruction has
existed for a longer period than thirty days, or whenever the
abandonment of such obstruction can be legally established in a
less space of time, the sunken vessel, boat, water craft, raft, or
other obstruction shall be subject to be broken up, removed, sold,
or otherwise disposed of by the Secretary of the Army at his
discretion, without liability for any damage to the owners of the
same: Provided, That in his discretion, the Secretary of the Army
may cause reasonable notice of such obstruction of not less than
thirty days, unless the legal abandonment of the obstruction can be
established in a less time, to be given by publication, addressed
"To whom it may concern," in a newspaper published nearest to the
locality of the obstruction, requiring the removal thereof: And
provided also, That the Secretary of the Army may, in his
discretion, at or after the time of giving such notice, cause
sealed proposals to be solicited by public advertisement, giving
reasonable notice of not less than ten days, for the removal of
such obstruction as soon as possible after the expiration of the
above specified thirty days' notice, in case it has not in the
meantime been so removed, these proposals and contracts, at his
discretion, to be conditioned that such vessel, boat, water craft,
raft, or other obstruction, and all cargo and property contained
therein, shall become the property of the contractor, and the
contract shall be awarded to the bidder making the proposition most
advantageous to the United States: Provided, That such bidder shall
give satisfactory security to execute the work: Provided further,
That any money received from the sale of any such wreck, or from
any contractor for the removal of wrecks, under this paragraph
shall be covered into the Treasury of the United States.
(b) The owner, lessee, or operator of such vessel, boat,
watercraft, raft, or other obstruction as described in this section
shall be liable to the United States for the cost of removal or
destruction and disposal as described which exceeds the costs
recovered under subsection (a) of this section. Any amount
recovered from the owner, lessee, or operator of such vessel
pursuant to this subsection to recover costs in excess of the
proceeds from the sale or disposition of such vessel shall be
deposited in the general fund of the Treasury of the United States.
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