Abandoned Vessel Prevention Act
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Rep. Harder, Josh [D-CA-9]
ID: H001090
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Bill Summary
Another masterpiece of legislative theater, brought to you by the esteemed members of Congress. Let's dissect this farce and expose the underlying disease.
**Main Purpose & Objectives:** The Abandoned Vessel Prevention Act (HR 2500) claims to address the issue of abandoned vessels polluting our waterways. How noble. In reality, it's a thinly veiled attempt to shift liability from irresponsible vessel owners to... well, someone else. The main objective is to create a new revenue stream for insurance companies and lawyers, while pretending to care about the environment.
**Key Provisions & Changes to Existing Law:** The bill amends title 46 of the United States Code to assign liability to individuals who transfer ownership of commercial vessels (or former commercial vessels) to recreational vessel owners without proper insurance. The new section 30107 creates a complex web of exceptions, definitions, and bureaucratic red tape. In essence, it's a Rube Goldberg machine designed to confuse everyone involved.
**Affected Parties & Stakeholders:** The usual suspects are affected:
* Commercial vessel owners who want to offload their liabilities * Recreational vessel owners who might be unaware of the insurance requirements * Insurance companies that will reap the benefits of new policies and premiums * Lawyers who will feast on the ambiguity and complexity of the law * Taxpayers, who will ultimately foot the bill for the cleanup efforts
**Potential Impact & Implications:** This bill is a classic case of treating the symptoms rather than the disease. By creating a new liability framework, Congress is attempting to address the consequences of irresponsible vessel ownership without addressing the root causes. The real impact will be:
* Increased insurance premiums for recreational vessel owners * More lawsuits and bureaucratic nightmares for everyone involved * A negligible reduction in abandoned vessels polluting our waterways (because the underlying issues remain unaddressed) * A nice payday for special interest groups, like insurance companies and lawyers
In conclusion, HR 2500 is a textbook example of legislative malpractice. It's a cynical attempt to create a new revenue stream while pretending to address a pressing environmental issue. The real disease here is the corrupting influence of money and power in politics, which leads to half-baked solutions that only serve to further enrich the already wealthy. Now, if you'll excuse me, I have better things to do than diagnose this legislative nonsense.
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Rep. Harder, Josh [D-CA-9]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 531 — Department of the Interior Wildlife and Waters. Throughout Alaska’s history, the federal government has treated Alaska as less than a sovereign state. This is especially the case when it comes to two of Alaska’s most valued resources, its wildlife and its waters. Immediate action is required to end, at least in part, this injustice. A new Admin- istration should: l Revoke National Park Service and U.S. Fish and Wildlife Service rules regarding predator control and bear baiting, which are matters for state regulation. Such revocation is permitted under the 2017 Congressional Review Act.62 l Recognize Alaska’s authority to manage fish and game on all federal lands in accordance with ANILCA as during the Reagan Administration, when each DOI agency in Alaska signed a Memorandum of Understanding with the Alaska Department of Fish and Game ceding to the state the lead on fish and wildlife management matters.63 l Issue a secretarial order declaring navigable waters in Alaska to be owned by the state so that the lands beneath these waters belong to Alaska. This will force the BLM to prove that water is not navigable, since in the case of non-navigability, any submerged lands belong to the BLM. Currently, BLM requires Alaska to prove navigability at its own expense—including the BLM’s preposterous assertion that the mighty Yukon River is non-navigable. l Reinstate President Trump’s 2020 Alaska Roadless Rule64 for the Tongass National Forest in Alaska, which was replaced by a Biden Roadless Rule that continues a 2001 Clinton rule affecting 9.37 million of the forest’s 16.7 million acres.65 The Clinton rule affects an area where communities are in small islands with no road access. It has prevented multiple infrastructure projects, including roads, electric transmission lines, and water and sewer projects, and it forces residents to use a heavily subsidized ferry system. Logging has been shut down to the extent that New York harvests more timber than does all of Alaska. OTHER ACTIONS The 30 by 30 Plan.66 President Biden’s Executive Order 14008 (30 by 30 plan)67 requires that the federal government, which already owns one-third of the country: (1) remove vast amounts of private property from productive use; and (2) end congressionally mandated uses of all federal land. The end result will be “total federal control of an additional 440 million acres of land or oceans in the U.S. by 2030.”68 — 532 — Mandate for Leadership: The Conservative Promise Although the new President should vacate that order, DOI under a conservative President must take immediate action on the 30 by 30 plan by vacating a secre- tarial order issued by the Biden DOI69 that eliminated the Trump Administration’s requirement for the approval of state and local governments before federal acquisi- tion of private property with monies from the Land and Water Conservation Fund.70 National Monument Designations. As has every Democratic President before him beginning with Jimmy Carter, Joe Biden has abused his authority under the Antiquities Act of 1906. Like the outrageous, unilateral withdrawals from public use of multiple use federal land under the Carter, Clinton, and Obama Administrations, Biden’s first national monument was one in Colorado—adopted over the objections of scores of local groups and at least one American Indian tribe.71 In the days before the 2024 election, Biden will likely designate more western monuments. Although President Trump courageously ordered a review of national mon- ument designations, the result of that review was insufficient in that only two national monuments in one state (Utah) were adjusted.72 Monuments in Maine and Oregon, for example, should have been adjusted downward given the finding of Secretary Ryan Zinke’s review that they were improperly designated. The new Administration’s review will permit a fresh look at past monument decrees and new ones by President Biden. Furthermore, the new Administration must vigorously defend the downward adjustments it makes to permit a ruling on a President’s authority to reduce the size of national monuments by the U.S. Supreme Court. Finally, the new Administration must seek repeal of the Antiquities Act of 1906, which permitted emergency action by a President long before the statutory author- ity existed for the protection of special federal lands, such as those with wild and scenic rivers, endangered specials, or other unique places. Moreover, in recent years, Congress has designated as national monuments those areas deserving of such congressional action. Oregon and California Lands Act. One national monument worthy of down- ward adjustment is in Oregon, where its designation and subsequent expansion interfere with the federal obligation to residents to harvest timber on its BLM lands. A federal district court ruled in 2019 that land subject to the Oregon and California (O&C) Grant Lands Act of 193773 was set aside by Congress to be har- vested for the benefit of the people of Oregon. Specifically, those federal lands are to be “managed…for permanent forest production” and its timber “sold, cut, and removed in conformity with the princip[le] of sustained yield.”74 As the district court concluded,75 beginning in 1990, the federal government erected a trifecta of illegal barriers to the accomplishment of the congressional mandate, beginning with a response to the listing of the northern spotted owl,76 continuing a decade later with the designation of the Cascade–Siskiyou National Monument,77 and concluding in 2017 with an expansion of that monument.78 In
Introduction
— 638 — Mandate for Leadership: The Conservative Promise and purpose, and therefore its funding priorities, are not well understood and his- torically have been minimalized in planning and budgeting. MARAD, including its subordinate Service Academy (the U.S. Merchant Marine Academy) should be transferred to the Department of Defense (if the Coast Guard is located there because DHS has been eliminated) or to the Department of Home- land Security. In this way, the two agencies charged with oversight and regulation of the Maritime sector—MARAD and the United States Coast Guard—would be aligned under the same department where operational efficiencies could be real- ized more easily. Serious consideration should be given to repealing or substantially reforming the Jones Act,16 which would require legislation. The economic costs of the Jones Act, which is notionally in place to promote a robust Merchant Marine, vastly exceed its effect on the supply of domestic ships. For instance, no liquified natural gas (LNG) can be shipped from Alaska to the lower 48 states because there are no U.S.-flagged ships that carry LNG. If there are genuine concerns about U.S. fleet capacity in the absence of the Jones Act, it would be possible to do so through an expansion of the Defense Reserve Fleet. Another DHS agency, the Federal Emergency Management Agency (FEMA), is a frequent user of MARAD Ready Reserve Force shipping during disaster assistance missions. Transferring MARAD to DHS would make coordination and requisition of those vessels a smoother and more rapid process. DHS has responsibility for reviewing and approving Jones Act waivers. This process first requires a market survey of available shipping tonnage that is completed by MARAD. The processing of Jones Act waiver requests would be streamlined if both agencies were in the same department. Finally, DHS as a department is experienced in administering and budgeting for the operation of an existing federal service academy, the U.S. Coast Guard Academy, which is similar to the U.S. Merchant Marine Academy in size. There would be increased efficiencies and better alignment of the missions of these two institutions if they were under one single department that has equity in the industries served by these academies. CONCLUSION Americans need more abundant and affordable transportation. They need more affordable and safer cars as well as physical aspects of transportation such as roads, bridges, airports, ports, and rail lines. The Department of Transportation should be evaluating which aspects of transportation are contributing to the economic competitiveness of the United States and the well-being of Americans—and that therefore should continue to be funded. All too often, DOT’s mission is described as reducing the number of trips, using less fuel, and raising the costs of travel to Americans through increased use of — 639 — Department of Transportation renewables. These goals are not compatible with what should be DOT’s purpose: to make travel easier and less expensive. That is what the American people want, and that is what DOT should provide. AUTHOR’S NOTE: The preparation of this chapter was a collective enterprise of individuals involved in the 2025 Presidential Transition Project. All contributors to this chapter are listed at the front of this volume, but Steven Bradbury, David Ditch, and Robert Poole deserve special mention. The author alone assumes responsibility for the content of this chapter, and no views expressed herein should be attributed to any other individual.
Introduction
— 429 — Environmental Protection Agency As a matter of broad practice, OW should be complying with statutorily estab- lished deadlines in all situations with only minimal exceptions. In cases where statutory deadlines will not be met, senior management should be made aware of the delay and should have an opportunity to determine whether alternative courses should be taken. Depending on the outcome of regulations from the Biden Administration as well as intervention by the Supreme Court on both waters of the United States (WOTUS) and CWA Section 401,29 the repeal and reissuance of new regulations should be pursued. New Policies New regulations should include the following: l A WOTUS rule that makes clear what is and is not a “navigable water” and respects private property rights. Coordinate with Congress to develop legislation, if necessary, to codify the definition in Rapanos v. United States that “waters of the United States” can refer only to “relatively permanent, standing or continuously flowing bodies of water…as opposed to ordinarily dry channels through which water occasionally or intermittently flows.”30 l A rule that provides clarity and regulatory certainty regarding the CWA Section 401 water quality certification process to limit unnecessary delay for needed projects, including by establishing a discharge-only approach with a limited scope (from point sources into navigable waters), assessing only water quality factors that are consistent with specific CWA sections, and excluding speculative analysis regarding future potential harm. l A rule to ensure that CWA Section 30831 has a clear and enforced time limit. l A rule to clarify the standard for criminal negligence under CWA Sections 40232 and 404.33 l A rule to prohibit retroactive or preemptive permits under CWA Section 404. l A rule to promote and shape nutrient trading that utilizes a carrot-versus- stick approach when dealing with nutrient compliance. l A rule to update compensatory mitigation that imposes no new or additional requirements beyond current law. l A rule on updates necessary for the effective use of the CWA needs survey. — 430 — Mandate for Leadership: The Conservative Promise l An executive order requiring EPA to find avenues and expedite the process for states obtaining primacy in available CWA and SDWA programs. This order would require coordination with the Army Corps of Engineers and the Department of the Interior. l Implementation of additional policies to address challenges in water workforce, issues surrounding timely actions on primacy applications, and cybersecurity. Budget While the overall goal is certainly to reduce government spending, there is one very targeted area where increased spending would be in the nation’s interest. The Clean Water Act needs survey is the entire basis for how congressionally appro- priated funds directed to state revolving funds—standard annual appropriations that are the true underpinning of all infrastructure funding for drinking water and clean water—are distributed by EPA across the country. Because this program is currently underfunded, money is being thrown at untargeted locations while water infrastructure is crumbling at other locations. Increased targeted funding would greatly benefit water systems across the country at a time when intervention is crucial, leaving fewer communities with significant water service challenges. Personnel OW would benefit greatly from the reshifting of SES employees to different programs and from headquarters out to regional offices. OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM) OLEM’s mission is to partner with other federal agencies, states, tribes, local governments, and communities to clean up legacy pollution and revitalize land for reuse. OLEM executes this mission by protecting human health and the envi- ronment while leveraging economic opportunities and creating jobs. OLEM also oversees the agency’s emergency response. The main statutes that OLEM exe- cutes are the Resource Conservation and Recovery Act (RCRA)34 to regulate waste management; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)35 to clean up Superfund sites and provide resources for cleaning up brownfields sites; and Section 112(r) of the Clean Air Act36 to reduce the likelihood of accidental chemical releases. Needed Reforms OLEM’s main function is to oversee the execution of cleanups under CERCLA and RCRA; therefore, it is critical that OLEM staff focus on project management more than policy creation. Emphasizing productivity more than process and policies
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.