Page:United States Statutes at Large Volume 118.djvu/2125

 118 STAT. 2095 PUBLIC LAW 108–375—OCT. 28, 2004 (2) as authorized by regulations issued under this title; or (3) as otherwise authorized by law. (b) POSSESSION OF SUNKEN MILITARY CRAFT.—No person may possess, disturb, remove, or injure any sunken military craft in violation of— (1) this section; or (2) any prohibition, rule, regulation, ordinance, or permit that applies under any other applicable law. (c) LIMITATIONS ON APPLICATION.— (1) ACTIONS BY UNITED STATES.—This section shall not apply to actions taken by, or at the direction of, the United States. (2) FOREIGN PERSONS.—This section shall not apply to any action by a person who is not a citizen, national, or resident alien of the United States, except in accordance with— (A) generally recognized principles of international law; (B) an agreement between the United States and the foreign country of which the person is a citizen; or (C) in the case of an individual who is a crew member or other individual on a foreign vessel or foreign aircraft, an agreement between the United States and the flag State of the foreign vessel or aircraft that applies to the individual. (3) LOAN OF SUNKEN MILITARY CRAFT.—This section does not prohibit the loan of United States sunken military craft in accordance with regulations issued by the Secretary con cerned. SEC. 1403. PERMITS. (a) IN GENERAL.—The Secretary concerned may issue a permit authorizing a person to engage in an activity otherwise prohibited by section 1402 with respect to a United States sunken military craft, for archaeological, historical, or educational purposes, in accordance with regulations issued by such Secretary that imple ment this section. (b) CONSISTENCY WITH OTHER LAWS.—The Secretary concerned shall require that any activity carried out under a permit issued by such Secretary under this section must be consistent with all requirements and restrictions that apply under any other provision of Federal law. (c) CONSULTATION.—In carrying out this section (including the issuance after the date of the enactment of this Act of regulations implementing this section), the Secretary concerned shall consult with the head of each Federal agency having authority under Fed eral law with respect to activities directed at sunken military craft or the locations of such craft. (d) APPLICATION TO FOREIGN CRAFT.—At the request of any foreign State, the Secretary of the Navy, in consultation with the Secretary of State, may carry out this section (including regulations promulgated pursuant to this section) with respect to any foreign sunken military craft of that foreign State located in United States waters. SEC. 1404. PENALTIES. (a) IN GENERAL.—Any person who violates this title, or any regulation or permit issued under this title, shall be liable to the United States for a civil penalty under this section. 10 USC 113 note. 10 USC 113 note.

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