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ATTY/AGR/2016.249/STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION DIVISION OR BOATING & WATERWAYS <br />REV: 09-01-16 RL <br />Page 4 of 33 <br />EXHIBIT B <br /> <br />Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program <br /> <br />1. NEEDS AND OBJECTIVES OF DBW <br /> <br />a. Pursuant to its authority under Harbors and Navigation Code section 525, the <br />Division of Boating and Waterways (DBW) wishes to contract with Grantee for the <br />removal and disposal of abandoned, wrecked or dismantled vessels, or parts thereof, <br />or any other partially submerged objects (hereinafter “eligible water hazards”) which <br />pose a substantial hazard to navigation within Grantee’s jurisdiction as listed on the <br />Questionnaire, found in Exhibit A. <br />b. Pursuant to its authority under Harbors and Navigation Code Section 525, the <br />Division of Boating and Waterways (DBW) wishes to contract with Grantee for the <br />removal and disposal of surrendered vessels, or parts thereof, which are in danger of <br />being abandoned and has a likelihood of causing environmental degradation or <br />becoming a hazard to navigation within Grantee’s jurisdiction as specified according <br />to the Grantee’s Work Plan, found in Exhibit A. <br />2. WATER HAZARDS ELIGIBLE FOR REMOVAL AND DISPOSAL <br /> <br />The funds provided under this Agreement shall be used for the combined purposes of <br />Surrendered and Abandoned Vessels Exchange (SAVE) as follows: <br />a. Abatement, removal, storage and/or disposal of eligible water hazards. For <br />purposes of this Agreement, “abandoned” is defined in Harbors and Navigation Code <br />section 522(a): <br />“Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, <br />beached, or allowed to remain in an unseaworthy or dilapidated condition upon <br />publicly owned submerged lands, salt marsh, or tidelands within the corporate limits <br />of any municipal corporation or other public corporation or entity having jurisdiction or <br />control over those lands, without its consent expressed by resolution of its legislative <br />body, for a period longer than 30 days without a watchman or other person being <br />maintained upon or near and in charge of the property, is abandoned property”. <br />Harbors and Navigation Code, Section 525 (1)(A): <br />“…the Abandoned Watercraft Abatement Fund, which is hereby created as a special <br />fund. Moneys in the fund shall be used exclusively, upon appropriation by the <br />Legislature, for grants to be awarded by the department to local agencies for the <br />abatement, removal, storage, and disposal as public nuisances of any abandoned <br />property as described in Section 522 or for the disposal of surrendered vessels as <br />defined in Section 526.1, wrecked or dismantled vessels, or parts thereof, or any <br />other partially submerged objects that pose a substantial hazard to navigation, from <br />navigable waterways or adjacent public property or private property with the <br />landowner’s consent. <br />b. The funds provided under this Agreement shall not be utilized for abatement, <br />removal, storage, or disposal of commercial vessels. Commercial vessels include <br />those vessels for which the most recent registration or documentation was <br />commercial, even though that registration or documentation may have lapsed. <br />c. If Grantee is reimbursed for the costs related to the abatement, removal, storage, <br />6.1.M. - Page 6