Page:United States Statutes at Large Volume 104 Part 1.djvu/413

 PUBLIC LAW 101-337—JULY 27, 1990 104 STAT. 379 Public Law 101-337 101st Congress An Act To improve the ability of the Secretary of the Interior to properly manage certain July 27, 1990 resources of the National Park System. [H.R. 2844] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DEFINITIONS. 16 USC 19jj. As used in this Act the term: (a) "Attorney General" means the Attorney General of the United States. (b) "Damages" includes the following: (1) Compensation for— (A)(i) the cost of replacing, restoring, or acquiring the equivalent of a park system resource; and (ii) the value of any significant loss of use of a park system resource pending its restoration or replacement or the acquisition of an equivalent resource; or (B) the value of the park system resource in the event the resource cannot be replaced or restored. (2) The cost of damage assessments under section 3(b). (c) "Response costs" means the costs of actions taken by the Secretary of the Interior to prevent or minimize destruction or loss of or injury to park system resources; or to abate or minimize the imminent risk of such destruction, loss, or injury; or to monitor ongoing effects of incidents causing such destruction, loss, or injury. (d) "Park system resource" means any living or nonliving resource that is located within or is a living part of a marine regimen or a Great Lakes aquatic regimen (including an aquatic regimen within Voyageurs National Park) within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity. (e) "Regimen" means a water column and submerged lands, up to the high-tide or high-water line. (f) "Secretary" means the Secretary of the Interior. SEC. 2. LIABILITY. 16 USC IBjj-l. (a) IN GENERAL. —Subject to subsection (c), any person who destroys, causes the loss of, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury. (b) LiABiliTY IN REM. —Any instrumentality, including but not limited to a vessel, vehicle, aircraft, or other equipment that destroys, causes the loss of, or injures any park system resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury to the same extent as a person is liable under subsection (a). (c) DEFENSES.— A person is not liable under this section if such person can establish that—

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