16 U.S.C. § 1443 — Destruction or loss of, or injury to, sanctuary resources

(a) (1) A person who destroys, causes the loss of, or injures a sanctuary resource owes the United States the response costs and damages caused by that destruction, loss, or injury, plus interest calculated as section 2705 of title 33 describes. (2) A vessel used for that destruction, loss, or injury is itself liable to the United States for the response costs and damages. That liability is a maritime lien on the vessel and may be recovered in an in-rem action in any United States district court with jurisdiction over the vessel. (3) A person is not liable if the person proves that: (A) the resource was destroyed, lost, or injured solely because of an act of God, an act of war, or an act or omission of a third party, and the person used due care; (B) the activity was authorized by Federal or State law; or (C) the destruction, loss, or injury was negligible. (4) Sections 4281–4289 of the Revised Statutes and section 30706 of title 46 do not limit liability under this chapter. (b) (1) The Secretary may take or authorize all necessary actions to prevent or reduce destruction, loss, or injury to sanctuary resources, or to reduce the immediate risk of it. (2) The Secretary must assess sanctuary-resource damages under section 1432(6) of title 16. (c) (1) At the Secretary’s request, the Attorney General may bring a civil case against a liable person or vessel for response costs and damages. Acting as trustee of United States sanctuary resources, the Secretary must request such a case whenever a person may be liable. (2) The case may be filed in the district where a defendant person is located, lives, or does business; where a defendant vessel is located; or where the destruction, loss, or injury happened. (d) The Secretary keeps recovered response costs and damages as section 9607(f)(1) of title 42 provides. (1) Recovered response-action and damage-assessment costs must be used as the Secretary considers appropriate to repay the Secretary or another Federal or State agency that did the work and, after repayment, to restore, replace, or acquire an equivalent sanctuary resource. (2) All other recovered amounts must be used in this order: (A) restore, replace, or acquire an equivalent of the resources involved in the case, including monitoring and the curation and conservation of archaeological, historical, and cultural resources; (B) restore damaged resources in the national marine sanctuary involved, giving priority to comparable resources and habitats; and (C) restore damaged resources in other national marine sanctuaries. (3) For resources within a State’s jurisdiction, amounts used under (2)(A) and (B) must follow the court decree or settlement and an agreement between the Secretary and the Governor. (e) A case for response costs or damages is barred unless filed within 3 years after the Secretary completes the damage assessment and restoration plan for the resources involved.