54 U.S.C. § 100723 — Actions
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 203 words · no verdicts yet
If a park resource is destroyed, lost, or hurt, the Attorney General can sue the responsible person or vehicle in federal court for costs and damages. The Secretary must ask the Attorney General to bring this lawsuit whenever someone may be liable. The Secretary must also act right away to prevent further harm and to assess and track the damage.
(a) Civil Action for Response Costs* and Damages*. When the Secretary* finds that a System unit resource* has been destroyed, lost, or injured — or finds that harm would have happened without a response action — the Secretary can ask the Attorney General to sue. The Attorney General may then bring a civil lawsuit in United States district court against any person or instrumentality that may be liable under section 100722 of this title, seeking response costs and damages. The Secretary must send this request to the Attorney General whenever a person may be liable, or an instrumentality may be liable in rem, for those costs and damages.
(b) Response Actions and Assessment of Destruction, Loss, or Injury.
(1) Actions to prevent or minimize destruction, loss, or injury. The Secretary must take all necessary action to (A) prevent or minimize the destruction, loss, or injury of System unit* resources, or (B) minimize an imminent risk of that destruction, loss, or injury.
(2) Assessment and monitoring. The Secretary must assess and monitor any destruction, loss, or injury to System* unit resources.
The Attorney General, on request of the Secretary* after a finding by the Secretary of destruction, loss, or injury to a System unit resource* or a finding that absent the undertaking of a response action, destruction, loss, or injury to a System unit* resource would have occurred, may bring a civil action in United States district court against any person or instrumentality that may be liable under section 100722 of this title for response costs and damages. The Secretary shall submit a request for the civil action to the Attorney General whenever a person may be liable or an instrumentality may be liable in rem for those costs and damages under section 100722 of this title.
The Secretary shall undertake all necessary actions to—
prevent or minimize the destruction, loss of, or injury to System* unit resources; or
minimize the imminent risk of destruction, loss, or injury to System unit resources.
The Secretary shall assess and monitor destruction, loss, or injury to System unit resources.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3107.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3107
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
all 0 arguments · sorted by: best
no arguments yet — make the first case