I 
109TH CONGRESS 
1ST SESSION H. R. 1412 
To amend the Ports and Waterways Safety Act to require notification of 
the Coast Guard regarding obstructions to navigation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2005 
Mr. LOBIONDO (for himself, Mr. SAXTON, Mr. ANDREWS, Mr. CASTLE, and 
Ms. SCHWARTZ of Pennsylvania) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Ports and Waterways Safety Act to require 
notification of the Coast Guard regarding obstructions 
to navigation, 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 ‘‘Delaware River Protec-
tion Act of 2005’’.
SEC. 2. REQUIREMENT TO NOTIFY COAST GUARD OF RE-
LEASE OF OBJECTS INTO THE NAVIGABLE 
WATERS OF THE UNITED STATES. 
The Ports and Waterways Safety Act (33 U.S.C. 
1221 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RE-
LEASE OF OBJECTS INTO THE NAVIGABLE 
WATERS OF THE UNITED STATES. 
‘‘(a) REQUIREMENT.—As soon as a person has 
knowledge of any release from a vessel or facility into the 
navigable waters of the United States of any object that 
creates an obstruction prohibited under section 10 of the 
Act of March 3, 1899, popularly known as the Rivers and 
Harbors Appropriations Act of 1899 (chapter 425; 33 
U.S.C. 403), such person shall notify the Secretary and 
the Secretary of the Army of such release. 
‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any 
notification provided by an individual in accordance with 
subsection (a) shall not be used against such individual 
in any criminal case, except a prosecution for perjury or 
for giving a false statement.’’. 
SEC. 3. SENSE OF CONGRESS REGARDING THE DETECTION 
OF SUBMERGED OBSTRUCTIONS. 
It is the sense of the Congress that the Secretary of 
the Army should—
(1) place a high priority on enhancing the Army 
Corps of Engineers’ capabilities to detect submerged 
obstructions in the navigable waterways of the 
United States through the use of advanced sonar 
and other technologies; and 
(2) enter into contracts and agreements with 
other Federal agencies, State governments, local 
governments, and private entities to accomplish such 
enhancements. 
SEC. 4. AUTHORITY TO REMOVE OBSTRUCTIONS IN DELA-
WARE RIVER. 
(a) IN GENERAL.—The Secretary of the Army, acting 
through the Chief of Engineers, may remove from the tidal 
waters of the Delaware River any object that creates an 
obstruction prohibited under section 10 of the Act of 
March 3, 1899, popularly known as the Rivers and Har-
bors Appropriations Act of 1899 (chapter 425; 33 U.S.C. 
403). 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2006, 2007, and 2008 to carry 
out activities authorized in this section. 
SEC. 5. LIMITS ON LIABILITY. 
(a) ADJUSTMENT OF LIABILITY LIMITS.—
(1) TANK VESSELS.—Section 1004(a)(1) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is 
amended— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) with respect to a single-hull vessel, 
including a single-hull vessel fitted with double 
sides only or a double bottom only— 
‘‘(i) $1,550 per gross ton for an inci-
dent that occurs in 2005; 
‘‘(ii) $1,900 per gross ton for an inci-
dent that occurs in 2006; or 
‘‘(iii) $2,250 per gross ton for an inci-
dent that occurs in 2007 or in any year 
thereafter; or 
‘‘(B) with respect to a double-hull vessel 
(other than any vessel referred to in subpara-
graph (A))— 
‘‘(i) $1,350 per gross ton for an inci-
dent that occurs in 2005; 
‘‘(ii) $1,500 per gross ton for an inci-
dent that occurs in 2006; and
‘‘(iii) $1,700 per gross ton for any in-
cident that occurs in 2007 or in any year 
thereafter; or’’; and 
(C) in subparagraph (C), as redesignated 
by subparagraph (A) of this paragraph— 
(i) 
in 
clause 
(i) 
by 
striking 
‘‘$10,000,000’’ 
and 
inserting 
‘‘$14,000,000’’; and 
(ii) 
in 
clause 
(ii) 
by 
striking 
‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’. 
(2) LIMITATION ON APPLICATION.—In the case 
of an incident occurring before the date of the enact-
ment of this Act, section 1004(a)(1) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2704(a)(1)) shall 
apply as in effect immediately before the effective 
date of this subsection. 
(b) ADJUSTMENT TO REFLECT CONSUMER PRICE 
INDEX.—Section 1004(d)(4) of the Oil Pollution Act of 
1990 (33 U.S.C. 2704(d)(4)) is amended to read as fol-
lows: 
‘‘(4) ADJUSTMENT
TO
REFLECT
CONSUMER 
PRICE INDEX.—The President shall, by regulations 
issued no later than 3 years after the date of the en-
actment of the Delaware River Protection Act of 
2005 and no less than every 3 years thereafter, ad-