Abandoned Barge Act of 1992, enacted as Title V, Subtitle C of the Oceans Act of 1992, is United States federal law prohibiting the abandonment of barges in navigable and territorial waters. The Act of Congress establishes financial penalties and removal procedures for unattended barges exceeding forty-five days. The federal statute provides the U.S. Secretary of Transportation authority to contract with barge removal contractors for abandoned barges of more than one hundred gross tons.
The 1992 legislation was drafted as House Bill H.R. 5397 and Senate Bill S. 3262.[1] The H.R. 5397 bill was superseded by House Bill H.R. 5617 finalizing the Oceans Act of 1992.[2] The Act was passed by the 102nd United States Congressional session and enacted into law by the 41st President of the United States George H.W. Bush on November 4, 1992.
Provisions of the Act edit
The Act amended Title 46 Shipping creating Chapter 47 Abandonment of Barges with five codified sections defining enforcement for abandoned flat-bottomed marine vessels navigating the America's Marine Highway.
- 46 U.S.C. § 4701 ~ Definitions
- 46 U.S.C. § 4702 ~ Abandonment of barge prohibited
- 46 U.S.C. § 4703 ~ Penalty for unlawful abandonment of barge
- 46 U.S.C. § 4704 ~ Removal of abandoned barges
- 46 U.S.C. § 4705 ~ Liability of barge removal contractors
Legislative History edit
- On July 9, 1992, H.R. 5617 was introduced in the House and referred to the House Merchant Marine and Fisheries Committee.[3][4] Rep. Gerry Studds (D-MA-10) sponsored the bill and Rep. Don Young (R-AK-At Large) was the co-sponsor.
- On July 15, 1992, the bill was referred to the House Merchant Marine and Fisheries Subcommittee on Fisheries and Wildlife Conservation and the Environment.[3]
- On September 23, 1992, the bill was discharged from the Subcommittee and marked up by the Committee.[3]
- On September 29, 1992, the bill was reported by the Committee in H.R. Rep. No. 102-927.[3][4] However, the Committee Report only discussed other aspects of the Oceans Act and did not discuss the Abandoned Barge Act contained in Title V, Subtitle C of the enacted legislation.[5]
- On October 6, 1992, the bill passed the House by voice vote on motion to suspend the rules and pass the bill as amended.[4]
- On October 7, 1992, the bill passed the Senate without amendment by voice vote.[4]
- On October 26, 1992, the bill was presented to the President.[4]
- On November 4, 1992, the bill was signed by the President and became Public Law No. 102-587.[4]
Bill Text edit
The full text of the Title V, Subtitle C of the enacted bill reads as follows:[6]
SEC. 5301. SHORT TITLE.
This subtitle may be cited as the `Abandoned Barge Act of 1992'.
SEC. 5302. ABANDONMENT OF BARGES.
Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following new chapter:
`CHAPTER 47--ABANDONMENT OF BARGES
`Sec.
`4701. Definitions.
`4702. Abandonment of barge prohibited.
`4703. Penalty for unlawful abandonment of barge.
`4704. Removal of abandoned barges.
`4705. Liability of barge removal contractors.
`Sec. 4701. Definitions
`In this chapter--
`(1) `abandon' means to moor, strand, wreck, sink, or leave a barge of more than 100 gross tons unattended for longer than forty-five days.
`(2) `barge removal contractor' means a person that enters into a contract with the United States to remove an abandoned barge under this chapter.
`(3) `navigable waters of the United States' means waters of the United States, including the territorial sea.
`(4) `removal' or `remove' means relocation, sale, scrapping, or other method of disposal.
`Sec. 4702. Abandonment of barge prohibited
`(a) An owner or operator of a barge may not abandon it on the navigable waters of the United States. A barge 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 barge is not abandoned and the location of the barge.'
`Sec. 4703. Penalty for unlawful abandonment of barge
`Thirty days after the notification procedures under section 4704(a)(1) are completed, the Secretary may assess a civil penalty of not more than $1,000 for each day of the violation against an owner or operator that violates section 4702. A vessel with respect to which a penalty is assessed under this chapter is liable in rem for the penalty.
`Sec. 4704. Removal of abandoned barges
`(a)(1) The Secretary may remove a barge that is abandoned after complying with the following procedures:
`(A) If the identity of the owner or operator can be determined, the Secretary shall notify the owner or operator by certified mail--
`(i) that if the barge is not removed it will be removed at the owner's or operator's expense; and
`(ii) of the penalty under section 4703.
`(B) If the identity of the owner or operator cannot be determined, the Secretary shall publish an announcement in--
`(i) a notice to mariners; and
`(ii) an official journal of the county in which the barge is locatedhat if the barge is not removed it will be removed at the owner's or operator's expense.
`(2) 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 barge under this chapter.
`(b) The owner or operator of an abandoned barge is liable, and an abandoned barge is liable in rem, for all expenses that the United States incurs in removing an abandoned barge under this chapter.
`(c)(1) The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned barge.
`(2) After solicitation under paragraph (1) the Secretary may award a contract. The contract--
`(A) may be subject to the condition that the barge and all property on the barge is the property of the barge removal contractor; and
`(B) must require the barge removal contractor to submit to the Secretary a plan for the removal.
`(3) Removal of an abandoned barge may begin thirty days after the Secretary completes the procedures under subsection (a)(1).
`Sec. 4705. Liability of barge removal contractors
`(a)(1) A barge removal contractor and its subcontractor not liable for damages that result from actions taken or omitted to be taken in the course of removing a barge under this chapter.
`(2) Paragraph (1) does not apply--
`(A) with respect to personal injury or wrongful death; or
`(B) if the contractor or subcontractor is grossly negligent or engages in willful misconduct.'.
SEC. 5303. APPLICATION TO CERTAIN BARGES.
Chapter 47 of title 46, United States Code, as added by subsection (a), does not apply to a barge abandoned before June 11, 1992, if the barge was removed before the date that is 1 year after the date of enactment of this title.
SEC. 5304. CLERICAL AMENDMENT.
The analysis of subtitle II at the beginning of title 46, United States Code, is amended by inserting after the item relating to chapter 45 the following:
4701'.
SEC. 5305. NUMBERING OF BARGES.
Section 12301 of title 46, United States Code, is amended--
(1) by inserting `(a)' before `An undocumented vessel'; and
(2) by adding at the end the following:
`(b) The Secretary shall require an undocumented barge more than 100 gross tons operating on the navigable waters of the United States to be numbered.'.
Amendments edit
The Abandoned Barge Act was amended several times:
Rulemaking edit
In 1998, the Coast Guard issued a Notice of Proposed Rulemaking to "establish a statutorily required numbering system for undocumented barges more than 100 gross tons operating on the navigable waters of the United States" in order to " identify parties responsible for the illegal abandonment of barges and prevent future marine pollution from abandoned barges."[10]
- ^ "S. 3262 ~ Abandoned Barge Act of 1992". P.L. 102-587 ~ 106 Stat. 5081. Congress.gov. September 22, 1992.
- ^ "H.R. 5617 ~ Oceans Act of 1992". P.L. 102-587 ~ 106 Stat. 5039. Congress.gov. November 4, 1992.
- ^ a b c d Gerry, Studds (1992-11-04). "Committees - H.R.5617 - 102nd Congress (1991-1992): Oceans Act of 1992". www.congress.gov. Retrieved 2018-04-28.
- ^ a b c d e f Gerry, Studds (1992-11-04). "Actions - H.R.5617 - 102nd Congress (1991-1992): Oceans Act of 1992". www.congress.gov. Retrieved 2018-04-28.
- ^ H.R. Rep. No. 102-927
- ^ Gerry, Studds (1992-11-04). "Text - H.R.5617 - 102nd Congress (1991-1992): Oceans Act of 1992". www.congress.gov. Retrieved 2018-04-28.
- ^ Publ.L. 104-324, Tit. VII, § 718, Oct. 19, 1996, 110 Stat. 3937
- ^ Publ.L. 109-304, § 15(18), Oct. 6, 2006, 120 Stat. 1703
- ^ Publ.L. 109-304 § 15(19), Oct. 6, 2006, 120 Stat. 1703
- ^ "63 FR 2305, 2305-2306" (PDF).