§ 19jj-1. — Liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC19jj-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER III-B--PARK SYSTEM RESOURCE PROTECTION
Sec. 19jj-1. Liability
(a) In general
Subject to subsection (c) of this section, 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 or any marine or aquatic park 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) of this section.
(c) Defenses
A person is not liable under this section if such person can
establish that--
(1) the destruction, loss of, or injury to the park system
resource was caused solely by an act of God or an act of war;
(2) such person acted with due care, and the destruction, loss
of, or injury to the park system resource was caused solely by an
act or omission of a third party, other than an employee or agent of
such person; or
(3) the destruction, loss, or injury to the park system resource
was caused by an activity authorized by Federal or State law.
(d) Scope
The provisions of this section shall be in addition to any other
liability which may arise under Federal or State law.
(Pub. L. 101-337, Sec. 2, July 27, 1990, 104 Stat. 379; Pub. L. 104-333,
div. I, title VIII, Sec. 814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub.
L. 106-176, title I, Sec. 120(c), Mar. 10, 2000, 114 Stat. 29.)
Amendments
2000--Subsec. (b). Pub. L. 106-176 inserted ``or'' after ``park
system resource''.
1996--Subsec. (b). Pub. L. 104-333 inserted ``any marine or aquatic
park resource'' after ``any park system resource''.
Section Referred to in Other Sections
This section is referred to in section 19jj-2 of this title.
