102 STAT. 3216
PUBLIC LAW 100-627—NOV. 7, 1988 "(2) LIABILITY IN REM.—Any vessel used to destroy, cause the loss of, or injure any sanctuary resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury. "(3) DEFENSES.—A person is not liable under this subsection if that person establishes that— "(A) the destruction or loss of, or iiyury to, the sanctuary resource was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care; "(B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or "(C) the destruction, loss, or injury was negligible. "(b) RESPONSE ACTIONS AND DAMAGE ASSESSMENT.—
"(1) RESPONSE ACTIONS.—The Secretary may undertake all
necessary actions to prevent or minimize the destruction or loss of, or injury to, sanctuary resources, or to minimize the imminent risk of such destruction, loss, or injury. "(2) DAMAGE ASSESSMENT.—The Secretary shall assess damages to sanctuary resources in accordance with section 302(6). "(c)
CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES.—The
Attorney General, upon request of the Secretary, may commence a civil action in the United States district court for the appropriate district against any person or vessel who may be liable under subsection (a) for response costs and damages. The Secretary, acting as trustee for sanctuary resources for the United States, shall submit a request for such an action to the Attorney General whenever a person may be liable for such costs or damages. "(d) USE OF RECOVERED AMOUNTS.—Response costs and damages recovered by the Secretary under this section and civil penalties under section 307 shall be retained by the Secretary in the manner provided for in section 107(fKl) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9607(f)(l)), and used as follows: "(1) RESPONSE COSTS AND DAMAGE ASSESSMENTS.—Twenty percent of amounts recovered under this section, up to a maximum balance of $750,000, shall be used to finance response actions and damage assessments by the Secretary. "(2) RESTORATION, REPLACEMENT, MANAGEMENT, AND IMPROVE-
MENT.—Amounts remaining after the operation of paragraph (1) shall be used, in order of priority— "(A) to restore, replace, or acquire the equivalent of the sanctuary resources which were the subject of the action; "(B) to manage and improve the national marine sanctuary within which are located the sanctuary resources which were the subject of the action; and "(C) to manage and improve any other national marine sanctuary. "(3) USE OF CIVIL PENALTIES.—Amounts recovered under section 307 in the form of civil penalties shall be used by the Secretary in accordance with section 307(e) and paragraphs (2)(B) and (C) of this subsection. "(4)
FEDERAL-STATE
COORDINATION.—Amounts
recovered
under this section with respect to sanctuary resources Iying within the jurisdiction of a State shall be used under paragraphs (2)(A) and (B) in accordance with an agreement entered into by the Secretary and the Governor of that State.".
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