2017 US Code
Title 54 - National Park Service and Related Programs
Subtitle I - National Park System
Division A - Establishment and General Administration
Chapter 1007 - Resource Management
Subchapter II - System Unit Resource Protection
Sec. 100722 - Liability

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Citation 54 U.S.C. § 100722 (2017)
Section Name §100722. Liability
Section Text

(a) In General.—Subject to subsection (c), any person that destroys, causes the loss of, or injures any System unit resource is liable to the United States for response costs and damages resulting from the destruction, loss, or injury.

(b) Liability In Rem.—Any instrumentality, including a vessel, vehicle, aircraft, or other equipment, that destroys, causes the loss of, or injures any System unit resource shall be liable in rem to the United States for response costs and damages resulting from the destruction, loss, or injury to the same extent as a person is liable under subsection (a).

(c) Defenses.—A person is not liable under this section if the person establishes that—

(1) the destruction, loss of, or injury to the System unit resource was caused solely by an act of God or an act of war;

(2) the person acted with due care, and the destruction, loss of, or injury to the System unit resource was caused solely by an act or omission of a 3d party, other than an employee or agent of the person; or

(3) the destruction, loss, or injury to the System unit resource was caused by an activity authorized by Federal or State law.


(d) Scope.—Liability under this section is in addition to any other liability that may arise under Federal or State law.

Source Credit

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3107.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
100722 16 U.S.C. 19jj–1. 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.
Publication Title United States Code, 2012 Edition, Supplement 5, Title 54 - NATIONAL PARK SERVICE AND RELATED PROGRAMS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 54 - NATIONAL PARK SERVICE AND RELATED PROGRAMS
Subtitle I - National Park System
DIVISION A - ESTABLISHMENT AND GENERAL ADMINISTRATION
CHAPTER 1007 - RESOURCE MANAGEMENT
SUBCHAPTER II - SYSTEM UNIT RESOURCE PROTECTION
Sec. 100722 - Liability
Contains section 100722
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 104 Stat. 379
110 Stat. 4199
114 Stat. 29
128 Stat. 3107
Public Law References Public Law 101-337, Public Law 104-333, Public Law 106-176, Public Law 113-287
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