16 U.S.C. § 1443
Any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for an amount equal to the sum of-
Any vessel used to destroy, cause the loss of, or injure any sanctuary resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury. The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.
A person is not liable under this subsection if that person establishes that-
Nothing in sections 4281-4289 of the Revised Statutes of the United States or section 30706 of title 46 shall limit the liability of any person under this chapter.
The Secretary may undertake or authorize all necessary actions to prevent or minimize the destruction or loss of, or injury to, sanctuary resources, or to minimize the imminent risk of such destruction, loss, or injury.
The Secretary shall assess damages to sanctuary resources in accordance with section 1432(6) of this title.
Response costs and damages recovered by the Secretary under this section shall be retained by the Secretary in the manner provided for in section 9607(f)(1) of title 42, and used as follows:
Amounts recovered by the United States for costs of response actions and damage assessments under this section shall be used, as the Secretary considers appropriate-
All other amounts recovered shall be used, in order of priority-
Amounts recovered under this section with respect to sanctuary resources lying within the jurisdiction of a State shall be used under paragraphs (2)(A) and (B) in accordance with the court decree or settlement agreement and an agreement entered into by the Secretary and the Governor of that State.
An action for response costs or damages under subsection (c) shall be barred unless the complaint is filed within 3 years after the date on which the Secretary completes a damage assessment and restoration plan for the sanctuary resources to which the action relates.
16 U.S.C. § 1443
EDITORIAL NOTES
REFERENCES IN TEXTSections 4281-4289 of the Revised Statutes of the United States, referred to in subsec. (a)(4), were classified to sections 181 to 188 of the former Appendix to Title 46, Shipping, and section 175 of former Title 46. Sections 4281 to 4287 and 4289 of the Revised Statutes were repealed and restated in chapter 305 of Title 46, Shipping, by Pub. L. 109-304, §§6(c), Oct. 6, 2006, 19, Oct. 6, 2006, 120 Stat. 1509, 1710. Section 4288 of the Revised Statutes (section 175 of former Title 46) was repealed by act Oct. 9, 1940, ch. 777, §7, 54 Stat. 1028. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46.
CODIFICATION In subsec. (a)(4), "section 30706 of title 46" substituted for "section 3 of the Act of February 13, 1893," on authority of Pub. L. 109-304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 30706 of Title 46, Shipping.
AMENDMENTS2000-Subsec. (a)(1). Pub. L. 106-513, §19(c), amended par. (1) heading. Subsec. (c). Pub. L. 106-513, §13(a), designated existing provisions as par. (1), struck out "in the United States district court for the appropriate district" after "civil action", and added par. (2). Subsec. (d)(1), (2). Pub. L. 106-513, §13(b), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: "(1) RESPONSE COSTS AND DAMAGE ASSESSMENTS.-Twenty percent of amounts recovered under this section, up to a maximum balance of $750,000, shall be used to finance response actions and damage assessments by the Secretary."(2) RESTORATION, REPLACEMENT, MANAGEMENT, AND IMPROVEMENT.-Amounts remaining after the operation of paragraph (1) shall be used, in order of priority-"(A) to restore, replace, or acquire the equivalent of the sanctuary resources which were the subject of the action;"(B) to manage and improve the national marine sanctuary within which are located the sanctuary resources which were the subject of the action; and"(C) to manage and improve any other national marine sanctuary."Subsec. (e). Pub. L. 106-513, §13(c), added subsec. (e). 1996-Subsec. (b)(1). Pub. L. 104-283 made technical amendment to directory language of Pub. L. 102-587, §2110(d). See 1992 Amendment note below. 1992-Subsec. (a)(1). Pub. L. 102-587, §2110(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "IN GENERAL.-Subject to paragraph (3), any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury." Subsec. (a)(2). Pub. L. 102-587, §2110(b), inserted at end "The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel."Subsec. (a)(4). Pub. L. 102-587, §2110(c), added par. (4).Subsec. (b)(1). Pub. L. 102-587, §2110(d), as amended by Pub. L. 104-283 inserted "or authorize" after "undertake".Subsec. (d). Pub. L. 102-587, §2107(d)(1), struck out "and civil penalties under section 1437 of this title" after "Secretary under this section".Subsec. (d)(3), (4). Pub. L. 102-587, §§2107(d)(2), 2110, redesignated par. (4) as (3), inserted "the court decree or settlement agreement and" after "in accordance with", and struck out former par. (3) which read as follows: "Amounts recovered under section 1437 of this title in the form of civil penalties shall be used by the Secretary in accordance with section 1437(e) of this title and paragraphs (2)(B) and (C) of this subsection."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE Pub. L. 100-627, title II, §204(c), Nov. 7, 1988, 102 Stat. 3217, provided that: "Amounts in the form of damages received by the United States after November 30, 1986, for destruction or loss of, or injury to, a sanctuary resource (as that term is defined in section 302(8) of the Act [16 U.S.C. 1432(8)] (as amended by this Act)) shall be subject to section 312 of the Act [16 U.S.C. 1443] (as amended by this Act)."
- Secretary
- "Secretary" means the Secretary of Commerce;
- State
- "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States;
- damages
- "damages" includes-(A) compensation for-(i)(I) the cost of replacing, restoring, or acquiring the equivalent of a sanctuary resource; and(II) the value of the lost use of a sanctuary resource pending its restoration or replacement or the acquisition of an equivalent sanctuary resource; or(ii) the value of a sanctuary resource if the sanctuary resource cannot be restored or replaced or if the equivalent of such resource cannot be acquired;(B) the cost of damage assessments under section 1443(b)(2) of this title;(C) the reasonable cost of monitoring appropriate to the injured, restored, or replaced resources;(D) the cost of curation and conservation of archeological, historical, and cultural sanctuary resources; and(E) the cost of enforcement actions undertaken by the Secretary in response to the destruction or loss of, or injury to, a sanctuary resource;
- response costs
- "response costs" means the costs of actions taken or authorized by the Secretary to minimize destruction or loss of, or injury to, sanctuary resources, or to minimize the imminent risks of such destruction, loss, or injury, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title;
- sanctuary resource
- "sanctuary resource" means any living or nonliving resource of a national marine sanctuary that contributes to the conservation, recreational, ecological, historical, educational, cultural, archeological, scientific, or aesthetic value of the sanctuary; and