ORS 830.948 Salvaged Vessel Subaccount; sources; limits; uses

(1)

The Salvaged Vessel Subaccount is established within the Boating Safety, Law Enforcement and Facility Account created under ORS 830.140. The subaccount shall consist of moneys deposited into the subaccount by the State Marine Board from fees collected pursuant to ORS 830.790 and 830.850. The moneys in the subaccount are continuously appropriated to the board for the purposes specified in this section.

(2)

The board may not deposit more than $150,000 per biennium into the Salvaged Vessel Subaccount and may not retain more than $150,000 in the subaccount at any time. After the board has deposited $150,000 into the subaccount under this subsection or any time there is more than $150,000 in the subaccount, any remaining moneys from fees collected pursuant to ORS 830.790 and 830.850 shall be deposited in the Boating Safety, Law Enforcement and Facility Account.

(3)

The board may use the moneys in the Salvaged Vessel Subaccount to pay the expenses of the board in implementing ORS 830.908 to 830.948 that are associated with the salvage, towing, storage and disposal of:

(a)

Vessels other than boats that are abandoned vessels or derelict vessels;

(b)

Vessels that are boats of less than 200 gross tons; and

(c)

Marine debris.

(4)

The board may use the moneys in the Salvaged Vessel Subaccount to pay an authorized agency for no more than 90 percent of the costs of salvage, towing, storage and cleanup of an abandoned vessel or a derelict vessel that has or had a certificate under ORS 830.770 or 830.775 and that is:

(a)

A boat of less than 200 gross tons; or

(b)

Any other abandoned vessel or derelict vessel that is not a boat.

(5)

The board may use the moneys in the Salvaged Vessel Subaccount to pay an authorized agency for no more than 75 percent of the costs of salvage, towing, storage and cleanup of an abandoned vessel or a derelict vessel that has never had a certificate under ORS 830.770 or 830.775 and that is:

(a)

A boat of less than 200 gross tons; or

(b)

Any other abandoned vessel or derelict vessel that is not a boat.

(6)

The board may reimburse an authorized agency under subsection (4) or (5) of this section for costs associated with an abandoned vessel or a derelict vessel only if the authorized agency complied with ORS 830.908 to 830.948 in seizing the vessel.

(7)

The board may use the moneys in the Salvaged Vessel Subaccount to award grants to the state, a city, a county, a water improvement district, a park and recreation district or a port as provided in ORS 830.150 for the disposal of a vessel that has or had a certificate under ORS 830.770 or 830.775 and that the owner has surrendered to an accepting public agency if:

(a)

The public agency has determined that the vessel was in danger of being an abandoned vessel or a derelict vessel and was likely to cause damage to the environment or become a hazard to navigation; and

(b)

The decision to accept the vessel was based solely on the public agency’s determination under paragraph (a) of this subsection.

(8)

The board may recover payments made from the Salvaged Vessel Subaccount from an owner of a vessel who is liable for the costs of salvage, towing, storage and disposal under ORS 830.938. The board shall deposit all funds recovered under this section into the subaccount in accordance with the provisions of subsection (2) of this section.

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