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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Abandoned and Derelict Vessel
Removal Act of 1995''.

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. 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,
1996. Such funds shall remain available until expended.
Abandoned and Derelict Vessel Removal Act of 1995 - Prohibits the owner or operator of a vessel from abandoning it on U.S. navigable waters. Sets forth a civil penalty for unlawful abandonment.
Authorizes the Secretary of the Army, in cooperation with the Commandant of the Coast Guard, to remove an abandoned vessel provided certain conditions are met. Makes an owner or operator of an abandoned vessel liable for all expenses incurred by the United States for its removal. Provides for the contracting out of removal activities. Shields the contractor from liability for damages during removal, except in cases of gross negligence, willful misconduct, personal injury, or wrongful death.
Authorizes appropriations.