PUBLIC LAW 100-627—NOV. 7, 1988
102 STAT. 3217
(b) DAMAcas, RBSPONSB COSIS, AND SANCTUARY KESOUKCE DBIINBDL—Section 302 of the Act (16 U.S.C. 1432) is amended— (1) by striking "and" at the end of paragraph (4); (2) ^ striking the p m o d in paragraph (5) and inserting "; and*'; and @) by adding at the end the following: "(6) 'damages' includes— 'XA) ocMnp«]sati<m for— 'XiXD the cost of replacing, restoring, or acquiring the equivalent of a sanctuary resource; and "(XO the value <^ the lost use of a sanctuary resource pending its restoration or replacement or the acquisiiaaa of an equivalent sanctuary resource; or
- &d the value of a sanctuary resource if the sanctuary resource cannot be restored or replaced or if the
equivalent of such resource cannot be acquired; and "(B) the cost of damage assessments under section 312(b)(2>. "(7) 'respcmse costs' means the costs of actions taken by the Secr^ary to minimize destruction or loss of, or injury to, sanctuary resources, or to minimise the imminent risks of such destruction, loss, or injury; and "(8) 'sanctuary resource' means any living or nonliving resource of a national marine sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value <^ the sanctuary.". (c) E n s c n v E DATB.—Amounts in the form of damages received by 16 USC 1443 the United States after November 30, 1986, for destruction or loss of, ^oiB. or injury to, a sanctuary resource (as that term is defined in section 302(8) of the Act (as amended by this Act)) shall be subject to section 312 dT the Act (as amended by dns Act). SEC. 2KL ACnONS WITH RBSPECTTO NEW SANCITJARIESw (sO IssDANCX <v NomcB OP DESiGNATiON.^nie Secretary of Commerce shall issue a notice of designation under section 304(b)(l) of the Act (16 U.S.C. 1434(b)(l)>(1) wUh respett to the proposed Cordell Banks National Biarine Sanctuary as generally described in the Federal R o ister notice dJuiae 30, 1983, not later than December 31, 1988; (2) with respect to the Flower Garden Banks National Marine Sanctuary as generally described in the Federal R^^ister notice of August 2, 1984, not later than March 31, 1989; (3) with respect to the Monterey Bay National Marine Sanctuary as generally described in the Federal Register notice of December 31, 1979, not later than December 31, 1989; and (4) with respect to the Western Washington (>uter <>oast NatiiMial Bfarine Sanctuary as generally described in the Federal B l i s t e r notice of August ^ 1983, not later than June 30, 1990. (b) S(jBii]ssn>N OF I^tosPBCTTUSES.-Hie Secretary of Commerce shall submit a prospectus under section 304(aKlXC) and (a)(5) of the Act (16 U.S.C. 1434(a)(l)(Q and (a)(5)) to the Committee on Merchant Marine and F l s h ^ e s of the H<Mise of Representatives and to the Committee on CcMnmerce, Sdenoe, and Transportation of the Senate—
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