Page:United States Statutes at Large Volume 118.djvu/2126

 118 STAT. 2096 PUBLIC LAW 108–375—OCT. 28, 2004 (b) ASSESSMENT AND AMOUNT.—The Secretary concerned may assess a civil penalty under this section, after notice and an oppor tunity for a hearing, of not more than $100,000 for each violation. (c) CONTINUING VIOLATIONS.—Each day of a continued violation of this title or a regulation or permit issued under this title shall constitute a separate violation for purposes of this section. (d) IN REM LIABILITY.—A vessel used to violate this title shall be liable in rem for a penalty under this section for such violation. (e) OTHER RELIEF.—If the Secretary concerned determines that there is an imminent risk of disturbance of, removal of, or injury to any sunken military craft, or that there has been actual disturb ance of, removal of, or injury to a sunken military craft, the Attorney General, upon request of the Secretary concerned, may seek such relief as may be necessary to abate such risk or actual disturbance, removal, or injury and to return or restore the sunken military craft. The district courts of the United States shall have jurisdiction in such a case to order such relief as the public interest and the equities of the case may require. (f) LIMITATIONS.—An action to enforce a violation of section 1402 or any regulation or permit issued under this title may not be brought more than 8 years after the date on which— (1) all facts material to the right of action are known or should have been known by the Secretary concerned; and (2) the defendant is subject to the jurisdiction of the appro priate district court of the United States or administrative forum. SEC. 1405. LIABILITY FOR DAMAGES. (a) IN GENERAL.—Any person who engages in an activity in violation of section 1402 or any regulation or permit issued under this title that disturbs, removes, or injures any United States sunken military craft shall pay the United States enforcement costs and damages resulting from such disturbance, removal, or injury. (b) INCLUDED DAMAGES.—Damages referred to in subsection (a) may include— (1) the reasonable costs incurred in storage, restoration, care, maintenance, conservation, and curation of any sunken military craft that is disturbed, removed, or injured in violation of section 1402 or any regulation or permit issued under this title; and (2) the cost of retrieving, from the site where the sunken military craft was disturbed, removed, or injured, any informa tion of an archaeological, historical, or cultural nature. SEC. 1406. RELATIONSHIP TO OTHER LAWS. (a) IN GENERAL.—Except to the extent that an activity is under taken as a subterfuge for activities prohibited by this title, nothing in this title is intended to affect— (1) any activity that is not directed at a sunken military craft; or (2) the traditional high seas freedoms of navigation, including— (A) the laying of submarine cables and pipelines; (B) operation of vessels; (C) fishing; or (D) other internationally lawful uses of the sea related to such freedoms. 10 USC 113 note. 10 USC 113 note.

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