151 
ER 1145-2-301 
1 July 68 
the amount of the damages should be the fair value of the property, 
less any salvage value. Whether or not there has been any enhanced 
value (i.e., whether the fair value of the structure immediately after 
the repairs is greater than its fair value immediately before the 
damage occurred) is a matter to be determined from an actual survey of 
the structure and knowledge of its age and condition. Where maintenance 
has equalled depreciation there probably would be no enhanced value. 
d. If the parties deny their responsibility, or if they 
refuse or neglect to remove any unlawful structure or deposit or to 
repair the damages within the time specified by the District Engineer, 
the matter will be reported to the Chief of Engineers with such evidence 
as the District Engineer may be able to obtain and his recommended 
action under section 17 of the Act. In a situation requiring immediate 
action, the District Engineer may report the case directly to the United 
States Attorney for the district. The Chief of Engineers will be 
advised of such action by a written report. Although the Corps of 
Engineers has certain police powers under this Act it has been the 
long-standing policy to secure compliance with its provisions short 
of legal proceedings. Accordingly, every effort will be made to accomplish 
corrective measures prior to initiation of action leading to such 
proceedings. As a general rule, while minor and unintentional or 
accidental violations of the provisions of the Act need not be reported 
to the Chief of Engineers, all willful or intentional violations and 
all cases in which the parties responsible refuse or neglect to remove 
the unlawful structure or deposit or to make good the damages suffered 
should be reported promptly to the Chief of Engineers in accordance 
with the above. it is the policy not to recommend prosecution when 
the violation of law is trivial, apparently unpremeditated, and results 
in no material public injury. Each report recommending prosecution 
should be accompanied by a full statement of the case and copies of 
related correspondence. 
‘e. The procedure in cases involving injurious deposits and 
oil pollution should be similar to that described for other violations 
of law except that as the damage caused thereby cannot be repaired 
readily there will be no reason for serving any notice on the parties 
. responsible for the violations further than to bring to their attention 
the consequences thereof. Violations of the Oil Pollution Act, 1924 
“py vessels of American registry should be brought also to the attention 
of the District Coast Guard Officer for possible action under the 
provisions of 36 Stat. 1167; 46 U.S.C. 239. 
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