16 U.S.C. § 1443 — Destruction or loss of, or injury to, sanc-

Page 1862 TITLE 16—CONSERVATION § 1442 Subsec. (d)(3)(B). Pub. L. 106–513, § 11(4), struck out ‘‘designating and’’ after ‘‘expenses of’’. Subsec. (d)(4). Pub. L. 106–513, § 11(5), added par. (4). Subsecs. (e) to (g). Pub. L. 106–513, § 11(1), redesig- nated subsecs. (d) to (f) as (e) to (g), respectively. § 1442. Cooperative agreements, donations, and acquisitions (a) Agreements and grants The Secretary may enter into cooperative agreements, contracts, or other agreements with, or make grants to, States, local govern- ments, regional agencies, interstate agencies, or other persons to carry out the purposes and poli- cies of this chapter. (b) Authorization to solicit donations The Secretary may enter into such agree- ments with any nonprofit organization author- izing the organization to solicit private dona- tions to carry out the purposes and policies of this chapter. (c) Donations The Secretary may accept donations of funds, property, and services for use in designating and administering national marine sanctuaries under this chapter. Donations accepted under this section shall be considered as a gift or be- quest to or for the use of the United States. (d) Acquisitions The Secretary may acquire by purchase, lease, or exchange, any land, facilities, or other prop- erty necessary and appropriate to carry out the purposes and policies of this chapter. (e) Use of resources of other government agen- cies The Secretary may, whenever appropriate, enter into an agreement with a State or other Federal agency to use the personnel, services, or facilities of such agency on a reimbursable or nonreimbursable basis, to assist in carrying out the purposes and policies of this chapter. (f) Authority to obtain grants Notwithstanding any other provision of law that prohibits a Federal agency from receiving assistance, the Secretary may apply for, accept, and use grants from other Federal agencies, States, local governments, regional agencies, interstate agencies, foundations, or other per- sons, to carry out the purposes and policies of this chapter. (Pub. L. 92–532, title III, § 311, as added Pub. L. 100–627, title II, § 203(3), Nov. 7, 1988, 102 Stat. 3215; amended Pub. L. 102–587, title II, § 2109, Nov. 4, 1992, 106 Stat. 5045; Pub. L. 104–283, § 9(d), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, § 12, Nov. 13, 2000, 114 Stat. 2389.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–513, § 12(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary may enter into cooperative agreements, financial agree- ments, grants, contracts, or other agreements with States, local governments, regional agencies, inter- state agencies, or other persons to carry out the pur- poses and policies of this chapter.’’ Subsecs. (e), (f). Pub. L. 106–513, § 12(b), added subsecs. (e) and (f). 1996—Pub. L. 104–283 made technical amendment to directory language of Pub. L. 102–587. See 1992 Amend- ment note below. 1992—Pub. L. 102–587, as amended by Pub. L. 104–283, amended section generally. Prior to amendment, sec- tion read as follows: ‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with any nonprofit organization— ‘‘(1) to aid and promote interpretive, historical, sci- entific, and educational activities; and ‘‘(2) for the solicitation of private donations for the support of such activities. ‘‘(b) DONATIONS.—The Secretary may accept dona- tions of funds, property, and services for use in desig- nating and administering national marine sanctuaries under this chapter.’’ Statutory Notes and Related Subsidiaries ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES Section 2204 of title II of Pub. L. 102–587, which was formerly set out as a note under this section, was re- numbered section 316 of Pub. L. 92–532, The National Marine Sanctuaries Act, by Pub. L. 104–283, § 6(a), Oct. 11, 1996, 110 Stat. 3364, and is classified to section 1445b of this title. § 1443. Destruction or loss of, or injury to, sanc- tuary resources (a) Liability (1) Liability to United States 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— (A) the amount of response costs and dam- ages resulting from the destruction, loss, or injury; and (B) interest on that amount calculated in the manner described under section 2705 of title 33. (2) Liability in rem Any vessel used to destroy, cause the loss of, or injure any sanctuary resource shall be lia- ble in rem to the United States for response costs and damages resulting from such de- struction, 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. (3) Defenses A person is not liable under this subsection if that person establishes that— (A) the destruction or loss of, or injury to, the sanctuary resource was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care; (B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or (C) the destruction, loss, or injury was negligible. (4) Limits to liability Nothing in sections 4281–4289 of the Revised Statutes of the United States or section 30706 Page 1863 TITLE 16—CONSERVATION § 1443 of title 46 shall limit the liability of any per- son under this chapter. (b) Response actions and damage assessment (1) Response actions The Secretary may undertake or authorize all necessary actions to prevent or minimize the destruction or loss of, or injury to, sanc- tuary resources, or to minimize the imminent risk of such destruction, loss, or injury. (2) Damage assessment The Secretary shall assess damages to sanc- tuary resources in accordance with section 1432(6) of this title. (c) Civil actions for response costs and damages (1) The Attorney General, upon request of the Secretary, may commence a civil action against any person or vessel who may be liable under subsection (a) for response costs and damages. The Secretary, acting as trustee for sanctuary resources for the United States, shall submit a request for such an action to the Attorney Gen- eral whenever a person may be liable for such costs or damages. (2) An action under this subsection may be brought in the United States district court for any district in which— (A) the defendant is located, resides, or is doing business, in the case of an action against a person; (B) the vessel is located, in the case of an ac- tion against a vessel; or (C) the destruction of, loss of, or injury to a sanctuary resource occurred. (d) Use of recovered amounts Response costs and damages recovered by the Secretary under this section shall be retained by the Secretary in the manner provided for in sec- tion 9607(f)(1) of title 42, and used as follows: (1) Response costs Amounts recovered by the United States for costs of response actions and damage assess- ments under this section shall be used, as the Secretary considers appropriate— (A) to reimburse the Secretary or any other Federal or State agency that con- ducted those activities; and (B) after reimbursement of such costs, to restore, replace, or acquire the equivalent of any sanctuary resource. (2) Other amounts All other amounts recovered shall be used, in order of priority— (A) to restore, replace, or acquire the equivalent of the sanctuary resources that were the subject of the action, including for costs of monitoring and the costs of curation and conservation of archeological, histor- ical, and cultural sanctuary resources; (B) to restore degraded sanctuary re- sources of the national marine sanctuary that was the subject of the action, giving priority to sanctuary resources and habitats that are comparable to the sanctuary re- sources that were the subject of the action; and (C) to restore degraded sanctuary re- sources of other national marine sanc- tuaries. (3) Federal-State coordination 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. (e) Statute of limitations An action for response costs or damages under subsection (c) shall be barred unless the com- plaint is filed within 3 years after the date on which the Secretary completes a damage assess- ment and restoration plan for the sanctuary re- sources to which the action relates. (Pub. L. 92–532, title III, § 312, as added Pub. L. 100–627, title II, § 204(a), Nov. 7, 1988, 102 Stat. 3215; amended Pub. L. 102–587, title II, §§ 2107(d), 2110, Nov. 4, 1992, 106 Stat. 5044, 5045; Pub. L. 104–283, § 9(e), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, §§ 13, 19(c), Nov. 13, 2000, 114 Stat. 2389, 2393.) Editorial Notes REFERENCES IN TEXT Sections 4281–4289 of the Revised Statutes of the United States, referred to in subsec. (a)(4), were classi- fied 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), 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 sec- tions of the former Appendix to Title 46, see Disposi- tion 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 au- thority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 30706 of Title 46, Ship- ping. AMENDMENTS 2000—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 sec- tion, 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 re- sources which were the subject of the action; and ‘‘(C) to manage and improve any other national ma- rine 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. Page 1864 TITLE 16—CONSERVATION § 1444 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 re- sponse costs and damages resulting from such destruc- tion, 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 ‘‘under- take’’. 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(e), 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 fol- lows: ‘‘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 re- source (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).’’ § 1444. Authorization of appropriations There are authorized to be appropriated to the Secretary— (1) to carry out this chapter— (A) $32,000,000 for fiscal year 2001; (B) $34,000,000 for fiscal year 2002; (C) $36,000,000 for fiscal year 2003; (D) $38,000,000 for fiscal year 2004; (E) $40,000,000 for fiscal year 2005; and (2) for construction projects at national ma- rine sanctuaries, $6,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 2005. (Pub. L. 92–532, title III, § 313, as added Pub. L. 100–627, title II, § 208, Nov. 7, 1988, 102 Stat. 3221; amended Pub. L. 101–605, § 10(a), Nov. 16, 1990, 104 Stat. 3095; Pub. L. 102–587, title II, § 2111, Nov. 4, 1992, 106 Stat. 5046; Pub. L. 104–283, § 3, Oct. 11, 1996, 110 Stat. 3363; Pub. L. 106–513, § 14, Nov. 13, 2000, 114 Stat. 2390.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–513 amended section generally, sub- stituting provisions authorizing appropriations to carry out this chapter for fiscal years 2001 to 2005 for provisions authorizing such appropriations for fiscal years 1997 to 1999. 1996—Pub. L. 104–283 amended section generally, sub- stituting provisions authorizing appropriations to carry out this chapter for fiscal years 1997 to 1999 for provisions authorizing such appropriations for fiscal years 1993 to 1996. 1992—Pub. L. 102–587 amended section generally, sub- stituting provisions relating to authorization of appro- priations for fiscal years 1993 to 1996 to carry out this chapter for provisions relating to authorization of ap- propriations for fiscal years 1989 to 1992 to carry out general administration, management of national ma- rine sanctuaries and site review and analysis of na- tional marine sanctuaries of this chapter. 1990—Par. (2)(C). Pub. L. 101–605 substituted ‘‘$4,000,000’’ for ‘‘$3,000,000’’. § 1445. U.S.S. Monitor artifacts and materials (a) Congressional policy In recognition of the historical significance of the wreck of the United States ship Monitor to coastal North Carolina and to the area off the coast of North Carolina known as the Graveyard of the Atlantic, the Congress directs that a suit- able display of artifacts and materials from the United States ship Monitor be maintained per- manently at an appropriate site in coastal North Carolina. (b) Disclaimer This section shall not affect the following: (1) Responsibilities of Secretary The responsibilities of the Secretary to pro- vide for the protection, conservation, and dis- play of artifacts and materials from the United States ship Monitor. (2) Authority of Secretary The authority of the Secretary to designate the Mariner’s Museum, located at Newport News, Virginia, as the principal museum for coordination of activities referred to in para- graph (1). (Pub. L. 92–532, title III, § 314, as added Pub. L. 100–627, title II, § 208, Nov. 7, 1988, 102 Stat. 3222; amended Pub. L. 106–513, § 15, Nov. 13, 2000, 114 Stat. 2391.) Editorial Notes AMENDMENTS 2000—Subsecs. (b), (c). Pub. L. 106–513 redesignated subsec. (c) as (b) and struck out former subsec. (b) which required the Secretary to submit a plan for a suitable display in coastal North Carolina of artifacts and materials of the United States ship Monitor. Statutory Notes and Related Subsidiaries MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR U.S.S. MONITOR Pub. L. 104–283, § 4, Oct. 11, 1996, 110 Stat. 3363, pro- vided that: ‘‘The Secretary of Commerce shall, within 12 months after the date of the enactment of this Act [Oct. 11, 1996], prepare and submit to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a long-range, comprehensive plan for the management, stabilization, preservation, and recovery of artifacts and materials of the U.S.S. MONITOR. In preparing and implementing the plan, the Secretary shall to the ex- tent feasible utilize the resources of other Federal and private entities with expertise and capabilities that are helpful.’’ GRAVEYARD OF THE ATLANTIC ARTIFACTS Pub. L. 102–587, title II, § 2201, Nov. 4, 1992, 106 Stat. 5047, provided that: ‘‘(a) ACQUISITION OF SPACE.—Pursuant to section 314 of the Marine Protection, Research, and Sanctuaries