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16 U.S.C. § 1421e — Liability

submitted 34 years ago by Pub. L. 92-522 to r/title-16-CONSERVATION · 148 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person authorized under an agreement to respond to a stranding or entanglement is treated as a Government employee for specified federal liability purposes. This protection does not cover gross negligence or willful misconduct.

(a) In general. A person authorized under an agreement under section 1382(c) to respond to a stranding or entanglement is treated as a Government employee for chapter 171 of title 28 for actions that (1) follow the agreement; and (2), during an unusual mortality event, follow (A) the contingency plan, (B) an Onsite Coordinator's instructions, or (C) the coordinator's best professional judgment for a matter the plan does not cover. (b) Limitation. Subsection (a) does not protect actions that are grossly negligent or amount to willful misconduct.
the actual law source: uscode.house.gov ↗public domain
(a) In general

A person who is authorized to respond to a stranding or entanglement 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) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.

Source credit: (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; Pub. L. 117–263, div. J, title CIV, § 10404, Dec. 23, 2022, 136 Stat. 3984.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 92-522 · 106 Stat. 5064
  • 1994Amended · Pub. L. 103-238 · 108 Stat. 565, 566
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 3984

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-522 on 1992-11-04.

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