2013 US Code
Title 16 - Conservation
Chapter 31 - MARINE MAMMAL PROTECTION (§§ 1361 - 1423h)
Subchapter V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE (§§ 1421 - 1421h)
Section 1421e - Liability

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 16 - CONSERVATION
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE
Sec. 1421e - Liability
Containssection 1421e
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawNo
Dispositionstandard
Source CreditPub. L. 92-522, title IV, §406, formerly title III, §306, as added Pub. L. 102-587, title III, §3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, §406, and amended Pub. L. 103-238, §24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565, 566.
Statutes at Large References106 Stat. 5064
108 Stat. 565
Public Law ReferencesPublic Law 92-522, Public Law 102-587, Public Law 103-238

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Liability - 16 U.S.C. § 1421e (2013)
§1421e. Liability (a) In general

A person who is authorized to respond to a stranding pursuant to an agreement entered into under section 1382(c) of this title is deemed to be an employee of the government for purposes of chapter 171 of title 28, with respect to actions of the person that are—

(1) in accordance with the agreement; and

(2) in the case of an unusual mortality event, in accordance with—

(A) the contingency plan issued under section 1421c(b) of this title;

(B) the instructions of an Onsite Coordinator designated under section 1421c(c) of this title; or

(C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan.

(b) Limitation

Subsection (a) of this section does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.

(Pub. L. 92–522, title IV, §406, formerly title III, §306, as added Pub. L. 102–587, title III, §3003(a), Nov. 4, 1992, 106 Stat. 5064; renumbered title IV, §406, and amended Pub. L. 103–238, §24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565, 566.)

AMENDMENTS

1994—Subsec. (a)(2)(A), (B). Pub. L. 103–238, §24(c)(3), (4), made technical amendment to references to section 1421c of this title to reflect renumbering of corresponding section of original act.

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