I 
118TH CONGRESS 
2D SESSION 
H. R. 7719 
To provide for the removal of abandoned vessels, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2024 
Mr. GARAMENDI introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Armed Services, and Ways and Means, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for the removal of abandoned vessels, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Abandoned and Dere-
lict Vessel Removal Act of 2024’’. 
SEC. 2. ABANDONED AND DERELICT VESSELS. 
(a) IN GENERAL.—Chapter 47 of title 46, United 
States Code, is amended— 
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(1) in the chapter heading by striking 
‘‘BARGES’’ and inserting ‘‘VESSELS’’; 
(2) by inserting before section 4701 the fol-
lowing: 
‘‘SUBCHAPTER I—BARGES’’; 
and 
(3) by adding at the end the following: 
‘‘SUBCHAPTER II—NON-BARGE VESSELS 
‘‘§ 4710. Definitions 
‘‘In this subchapter: 
‘‘(1) ABANDON.—The term ‘abandon’ means to 
moor, strand, wreck, sink, or leave a covered vessel 
unattended for longer than 45 days. 
‘‘(2) COVERED
VESSEL.—The term ‘covered 
vessel’ means a vessel that is not a barge to which 
subchapter I applies. 
‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given such term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
‘‘§ 4711. Abandonment of vessels prohibited 
‘‘(a) IN GENERAL.—An owner or operator of a cov-
ered vessel may not abandon such vessel on the navigable 
waters of the United States. 
‘‘(b) DETERMINATION OF ABANDONMENT.— 
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‘‘(1) NOTIFICATION.— 
‘‘(A) IN GENERAL.—With respect to a cov-
ered vessel that appears to be abandoned, the 
Commandant of the Coast Guard shall— 
‘‘(i) attempt to identify the owner 
using the vessel registration number, hull 
identification number, or any other infor-
mation that can be reasonably inferred or 
gathered; and 
‘‘(ii) notify such owner— 
‘‘(I) of the penalty described in 
subsection (c); and 
‘‘(II) that the vessel will be re-
moved at the expense of the owner if 
the Commandant determines that the 
vessel is abandoned and the owner 
does not remove or account for the 
vessel. 
‘‘(B) FORM.—The Commandant shall pro-
vide the notice required under subparagraph 
(A)— 
‘‘(i) if the owner can be identified, via 
certified mail or other appropriate forms 
determined by the Commandant; or 
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‘‘(ii) if the owner cannot be identified, 
via an announcement in a local publication 
and on a website maintained by the Coast 
Guard. 
‘‘(2) 
DETERMINATION.—The 
Commandant 
shall make a determination not earlier than 45 days 
after the date on which the Commandant provides 
the notification required under paragraph (1) of 
whether a covered vessel described in such para-
graph is abandoned. 
‘‘(c) PENALTY.— 
‘‘(1) IN GENERAL.—The Commandant may as-
sess a civil penalty of not more than $500 against 
an owner or operator of a covered vessel determined 
to be abandoned under subsection (b) for a violation 
of subsection (a). 
‘‘(2) LIABILITY IN REM.—The owner or oper-
ator of a covered vessel shall also be liable in rem 
for a penalty imposed under paragraph (1). 
‘‘(d) VESSELS NOT ABANDONED.—The Commandant 
may not determine that a covered vessel is abandoned 
under this section if— 
‘‘(1) such vessel is located at a federally ap-
proved or State approved mooring area or anchor-
age; 
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‘‘(2) such vessel is located on private property 
with the permission of the owner of such property; 
‘‘(3) the owner or operator of such vessel pro-
vides a notification to the Commandant that— 
‘‘(A) indicates the location of the vessel; 
‘‘(B) indicates that the vessel is not aban-
doned; and 
‘‘(C) contains documentation proving that 
the vessel is allowed to be in such location; or 
‘‘(4) the Commandant determines that such an 
abandonment determination would not be in the 
public interest. 
‘‘§ 4712. Inventory of abandoned vessels 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this section, the Commandant, in 
consultation with the Administrator of the National Oce-
anic and Atmospheric Administration and relevant State 
agencies, shall establish and maintain a national inventory 
of covered vessels that are abandoned. 
‘‘(b) CONTENTS.—The inventory established and 
maintained under subsection (a) shall include data on each 
vessel, including geographic information system data re-
lated to the location of each such vessel. 
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‘‘(c) PUBLICATION.—The Commandant shall make 
the inventory established under subsection (a) publicly 
available on a website of the Coast Guard. 
‘‘(d) REPORTING
OF
POTENTIALLY
ABANDONED 
VESSELS.—In carrying out this section, the Commandant 
shall develop a process by which— 
‘‘(1) a State, Indian Tribe, or person may re-
port a covered vessel that may be abandoned to the 
Commandant for potential inclusion in the inventory 
established under subsection (a); and 
‘‘(2) the Commandant shall review any such re-
port and add such vessel to the inventory if the 
Commandant determines that the reported vessel is 
abandoned pursuant to section 4711.’’. 
(b) RULEMAKING.—The Secretary of the department 
in which the Coast Guard is operating, in consultation 
with the Secretary of the Army, acting through the Chief 
of Engineers, and the Secretary of Commerce, acting 
through the Under Secretary for Oceans and Atmosphere, 
shall issue regulations with respect to the procedures for 
determining that a vessel is abandoned for the purposes 
of subchapter II of chapter 47 of title 46, United States 
Code (as added by this section). 
(c) CONFORMING AMENDMENTS.—Chapter 47 of title 
46, United States Code, is amended— 
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(1) in section 4701— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘chapter’’ and inserting ‘‘sub-
chapter’’; and 
(B) in paragraph (2) by striking ‘‘chapter’’ 
and inserting ‘‘subchapter’’; 
(2) in section 4703 by striking ‘‘chapter’’ and 
inserting ‘‘subchapter’’; 
(3) in section 4704 by striking ‘‘chapter’’ each 
place it appears and inserting ‘‘subchapter’’; and 
(4) in section 4705 by striking ‘‘chapter’’ and 
inserting ‘‘subchapter’’. 
(d) CLERICAL
AMENDMENTS.—The analysis for 
chapter 47 of title 46, United States Code, is amended— 
(1) by inserting before the item relating to sec-
tion 4701 the following: 
‘‘SUBCHAPTER I—BARGES’’; 
and 
(2) by adding at the end the following: 
‘‘SUBCHAPTER II—VESSELS 
‘‘4710. Definitions. 
‘‘4711. Abandonment of vessels prohibited. 
‘‘4712. Inventory of abandoned vessels.’’. 
SEC. 3. OIL AND HAZARDOUS SUBSTANCE REMOVAL. 
The removal and disposal of an abandoned vessel 
under the direction of an on-scene coordinator appointed 
under the National Contingency Plan developed under sec-
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tion 311 of the Federal Water Pollution Control Act (33 
U.S.C. 1321) shall be deemed to be a removal action 
under such section for purposes of section 9509 of the In-
ternal Revenue Code of 1986. 
SEC. 4. USES OF OIL SPILL LIABILITY TRUST FUND. 
(a) IN GENERAL.—Section 1012(a) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5)(D), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) the payment of costs associated with the 
collection and disposal of an abandoned vessel, in-
cluding a derelict vessel, by the President if— 
‘‘(A) such collection and disposal is deter-
mined to be in the public interest by the Fed-
eral Government, a State, or an Indian tribe; 
and 
‘‘(B) a determination that the vessel is 
abandoned is made by the Commandant of the 
Coast Guard in accordance with section 4711 of 
title 46, United States Code.’’. 
(b) COSTS OF COLLECTION AND DISPOSAL OF ABAN-
DONED OR DERELICT VESSELS.— 
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(1) CUMULATIVE COSTS.—The cumulative cost 
for the collection and disposal of abandoned vessels, 
including derelict vessels, described in section 
1012(a)(6) of the Oil Pollution Act of 1990 (as 
added by subsection (a)) in a calendar year shall be 
deemed to be a single incident for purposes of sec-
tion 9509 of the Internal Revenue Code of 1986. 
(2) LIABILITY.—The owner of any abandoned 
vessel, including a derelict vessel, collected and dis-
posed of using funds from the Oil Spill Liability 
Trust Fund pursuant to section 1012(a)(6) of the 
Oil Pollution Act of 1990 (as added by subsection 
(a)) shall be liable to the United States for the costs 
of such collection and disposal and such costs shall 
be deemed to be amounts described in section 
9509(b)(2) of the Internal Revenue Code. 
(c) CONFORMING AMENDMENT.—Section 9509(f) of 
the Internal Revenue Code of 1986 is amended by insert-
ing before the period at the end ‘‘, except with respect 
to section 1012(a)(6) of the Oil Pollution Act of 1990’’. 
SEC. 5. REQUIREMENTS FOR PURCHASING FEDERALLY 
AUCTIONED VESSELS. 
(a) IN GENERAL.—Chapter 571 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 57112. Requirements for purchasing federally auc-
tioned vessels 
‘‘(a) IN GENERAL.—To be eligible to purchase a cov-
ered vessel from the Federal Government, a person shall 
provide proof of— 
‘‘(1) liability insurance for the operator of such 
covered vessel; 
‘‘(2) proof of financial resources sufficient to 
cover maintenance costs of such covered vessel; and 
‘‘(3) with respect to a covered vessel requiring 
documentation under chapter 121, an admiralty 
bond or stipulation. 
‘‘(b) DEFINITION.—In this section, the term ‘covered 
vessel’ means— 
‘‘(1) a government-owned vessel disposed of in 
accordance with this part and section 548 of title 
40; 
‘‘(2) a vessel seized or forfeited pursuant to any 
law, and auctioned by the Federal Government, in-
cluding a vessel seized or forfeited pursuant to sec-
tion 7301 or 7302 of the Internal Revenue Code of 
1986; and 
‘‘(3) a fishing vessel seized or forfeited pursu-
ant to section 310 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1860).’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 571 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘57112. Requirements for purchasing federally auctioned vessels.’’. 
SEC. 6. REMOVAL OF OBSTRUCTIVE OR ABANDONED VES-
SELS. 
(a) IN GENERAL.—Section 19 of the River and Har-
bor Act of March 3, 1899 (33 U.S.C. 414), is amended— 
(1) by striking by striking ‘‘SEC. 19. (a) That 
whenever’’ and inserting the following: 
‘‘SEC. 19. VESSEL REMOVAL BY SECRETARY OF THE ARMY. 
‘‘(a) REMOVAL OF OBSTRUCTIVE VESSELS.— 
‘‘(1) IN GENERAL.—That whenever’’; 
(2) in subsection (b)— 
(A) by striking ‘‘described in this section’’ 
and inserting ‘‘described in this subsection’’; 
and 
(B) by striking ‘‘under subsection (a)’’ and 
inserting ‘‘under paragraph (1)’’; 
(3) by striking ‘‘(b) The owner’’ and inserting 
the following: 
‘‘(2) LIABILITY OF OWNER, LESSEE, OR OPER-
ATOR.—The owner’’; and 
(4) by adding at the end the following: 
‘‘(b) REMOVAL OF ABANDONED VESSEL.— 
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‘‘(1) IN GENERAL.—The Secretary of the Army 
is authorized to remove from the waters of the 
United States any abandoned vessel or any vessel 
under the control of the United States by reason of 
seizure or forfeiture pursuant to any law, that does 
not obstruct the navigation of such waters, if— 
‘‘(A) such removal is determined to be in 
the public interest by the Federal Government, 
a State, or an Indian tribe; and 
‘‘(B) in the case of a vessel that is not 
under the control of the United States by rea-
son of seizure or forfeiture, the Commandant of 
the Coast Guard makes a determination that 
the vessel is abandoned in accordance with sec-
tion 4711 of title 46, United States Code. 
‘‘(2) INTERAGENCY AGREEMENTS.—In remov-
ing a vessel under this section that is under the con-
trol of the United States by reason of seizure or for-
feiture, the Secretary shall enter into an interagency 
agreement with the head of the Federal department, 
agency, or instrumentality that has control of such 
vessel. 
‘‘(3) LIABILITY.—The owner of any vessel de-
scribed in paragraph (1) that is not under the con-
trol of the United States by reason of seizure or for-
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feiture shall be liable to the United States for the 
costs of removal and disposal of such vessel.’’. 
(b) CONFORMING AMENDMENT.—Section 1115 of the 
Water Resources Development Act of 1986 (100 Stat. 
4235; 102 Stat. 4026) is repealed. 
Æ 
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