16 U.S.C. § 1442 — Cooperative agreements, donations, and

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