Debris and wreckage removal in emergencies and major disasters

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  • (a) Whenever there exists an emergency or major disaster under the laws of this Territory, or the President has declared an emergency or major disaster, as defined by the Stafford Act, to exist in this Territory, the Governor is authorized:

    • (1) Notwithstanding any other provision of law, through the use of the departments, agencies and instrumentalities of the Government of the Virgin Islands, to clear or remove debris and wreckage which may threaten public health or safety from publicly or privately owned land or water.

    • (2) To accept funds from the federal government or private sources and utilize such funds for the purpose of removing debris or wreckage from publicly or privately owned land or water.

  • (b) Whenever the Governor provides for clearance of debris or wreckage pursuant to subsection (a) of this section, employees of the designated departments, agencies and instrumentalities of the Government of the Virgin Islands, or individuals appointed by the Governor of the Virgin Islands, are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation, and the owner of the boat or other private property shall indemnify the Government of the Virgin Islands against any claim arising from such removal including cost of removal, except where the Government is reimbursed for such claims and costs from other sources.

  • (c) Except in cases of willful misconduct, gross negligence, or bad faith, any employee or agent of the Government of the Virgin Islands complying with orders of the Governor and performing duties pursuant thereto under this section shall not be liable for death of or injury to persons or damage to property.


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