2011 US Code
Title 16 - Conservation
Chapter 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES (§§ 1 - 460zzz-7)
Subchapter III-B - PARK SYSTEM RESOURCE PROTECTION (§§ 19jj - 19jj-4)
Section 19jj-1 - Liability
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 16 - CONSERVATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 16 - CONSERVATION CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION Sec. 19jj-1 - Liability |
Contains | section 19jj-1 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 101-337, §2, July 27, 1990, 104 Stat. 379; Pub. L. 104-333, div. I, title VIII, §814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 106-176, title I, §120(c), Mar. 10, 2000, 114 Stat. 29. |
Statutes at Large References | 104 Stat. 379 110 Stat. 4199 114 Stat. 29 |
Public Law References | Public Law 101-337, Public Law 104-333, Public Law 106-176 |
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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 remAny 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) DefensesA 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) ScopeThe provisions of this section shall be in addition to any other liability which may arise under Federal or State law.
(Pub. L. 101–337, §2, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, §814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 106–176, title I, §120(c), Mar. 10, 2000, 114 Stat. 29.)
Amendments2000—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”.
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