Abandoned and Derelict Vessel Removal Act of 1997

Summary: Abandoned and Derelict Vessel Removal Act of 1997 - Prohibits an owner or operator from abandoning a vessel on the navigable waters of the United States. 
Authorizes the Secretary of the Army to assess a civil penalty for each day of violation.  Sets forth abandoned vessels' removal procedures, and liability guidelines for vessel removal contractors. 
Declares that this Act does not preempt State or local laws that either provide greater protection against abandonment, or better ensure such vessels' removal. 
Authorizes appropriations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Abandoned and Derelict Vessel 
Removal Act of 1997''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Abandon.--The term ``abandon'' means to moor, strand, 
        wreck, sink, or leave a vessel unattended for longer than 45 
        days.
            (2) Navigable waters of the united states.--The term 
        ``navigable waters of the United States'' means waters of the 
        United States, including the territorial sea.
            (3) Removal; remove.--The term ``removal'' or ``remove'' 
        means relocation, sale, scrapping, or other method of disposal.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (5) Vessel.--the term ``vessel'' includes recreational, 
        commercial, and government-owned vessels but does not include 
        vessels operated by the Coast Guard or the Navy.
            (6) Vessel removal contractor.--The term ``vessel removal 
        contractor'' means a person that enters into a contract with 
        the United States to remove an abandoned vessel under this Act.

SEC. 3. ABANDONMENT OF VESSEL PROHIBITED.

    An owner or operator of a vessel may not abandon it on the 
navigable waters of the United States. A vessel is deemed not to be 
abandoned if--
            (1) it is located at a federally or State-approved mooring 
        area;
            (2) it is on private property with the permission of the 
        owner of the property; or
            (3) the owner or operator notifies the Secretary that the 
        vessel is not abandoned and the location of the vessel.

SEC. 4. PENALTY FOR UNLAWFUL ABANDONMENT OF VESSEL.

    Thirty days after the notification procedures under section 5(a)(1) 
are completed, the Secretary may assess a civil penalty of not more 
than $500 for each day of the violation against an owner or operator 
that violates section 3. A vessel with respect to which a penalty is 
assessed under this Act is liable in rem for the penalty.

SEC. 5. REMOVAL OF ABANDONED VESSELS.

    (a) Procedures.--
            (1) In general.--The Secretary, in cooperation with the 
        Commandant of the Coast Guard, may remove a vessel that is 
        abandoned if--
                    (A) an elected official of a local government has 
                notified the Secretary of the vessel and requested that 
                the Secretary remove the vessel; and
                    (B) the Secretary has provided notice to the owner 
                or operator--
                            (i) that if the vessel is not removed it 
                        will be removed at the owner or operator's 
                        expense; and
                            (ii) of the penalty under section 4.
            (2) Form of notice.--The notice to be provided to an owner 
        or operator under paragraph (1)(B) shall be--
                    (A) if the identity of the owner or operator can be 
                determined, via certified mail; and
                    (B) if the identity of the owner or operator cannot 
                be determined, via an announcement in a notice to 
                mariners and in an official journal of the county (or 
                other equivalent political subdivision) in which the 
                vessel is located.
            (3) Limitation on liability of united states.--The United 
        States, and any officer or employee of the United States is not 
        liable to an owner or operator for damages resulting from 
        removal of an abandoned vessel under this Act.
    (b) Liability of Owner or Operator.--The owner or operator of an 
abandoned vessel is liable, and an abandoned vessel is liable in rem, 
for all expenses that the United States incurs in removing the 
abandoned vessel under this Act.
    (c) Contracting Out.--
            (1) Solicitation of bids.--The Secretary may, after 
        providing notice under subsection (a)(1), solicit by public 
        advertisement sealed bids for the removal of an abandoned 
        vessel.
            (2) Contract.--After solicitation under paragraph (1) the 
        Secretary may award a contract. The contract--
                    (A) may be subject to the condition that the vessel 
                and all property on the vessel is the property of the 
                vessel removal contractor; and
                    (B) must require the vessel removal contractor to 
                submit to the Secretary a plan for the removal.
            (3) Commencement date for removal.--Removal of an abandoned 
        vessel may begin 30 days after the Secretary completes the 
        procedures under subsection (a)(1).

SEC. 6. LIABILITY OF VESSEL REMOVAL CONTRACTORS.

    A vessel removal contractor and its subcontractor are not liable 
for damages that result from actions taken or omitted to be taken in 
the course of removing a vessel under this Act. This section does not 
apply--
            (1) with respect to personal injury or wrongful death; or
            (2) if the contractor or subcontractor is grossly negligent 
        or engages in willful misconduct.

SEC. 7. RELATIONSHIP TO STATE LAW.

    This Act shall not be construed to preempt any provision of the 
laws of any State or local government that provides greater protection 
against the abandonment of vessels or that better ensures the removal 
of abandoned vessels.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal years beginning after September 30, 
1997. Such funds shall remain available until expended.