Page:United States Statutes at Large Volume 106 Part 6.djvu/486

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106 STAT. 5044 PUBLIC LAW 102-587—NOV. 4, 1992 (B) by adding at the end the following sentence: "Such penally shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of me United States having jurisdiction over the vessel.". (b) PROCEEDS FROM CIVIL FORFEITURES.—Section 307(d)(l) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(d)(l)) is amended by addii^ at the end the following new sentence: 'The proceeds from forfeiture actions under this subsection shall constitute a separate recovery in addition to an^ amounts recovered as civil penalties under this section or as dvd damages under section 312. None of those proceeds shall be subject to set-oflf.". (c) USE OF RECEIVED AMOUNTS.— Section 307(e) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(e)) is amended by striking paragraph (1) and inserting the following: "(1) EXPENDITURES.— "(A) Notwithstanding any other law, amounts received by the United States as civil penalties, forfeitures of property, and costs imposed under paragraph (2) shall be retained by the Secretary in the manner provided for in section 107(f)(1) of the Comprehensive Environmental Response, Compensation and Liability Act. "(B) Amounts received under this section for forfeitures and costs imposed under paragraph (2) shall be used to pay the reasonable and necessary costs incurred by the Secretary to provide temporary storage, care, maintenance, and disposal of any sanctuary resource or other property seized in connection with a violation of this title or any regulation or permit issued under this title. "(C) Amounts received under this section as civil penalties and any amounts remaining after the operation of subparagraph (B) shall be used, in order of priority, to— "(i) manage and improve the national marine sanctuary with respect to which the violation occurred that resulted in the penalty or forfeiture; "(ii) pay a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this title or any regulation or permit issued under this title; and "(iii) manage and improve any other national marine sanctuary.". (d) CONFORMING AMENDMENT. —Section 312(d) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is amended— (1) by striking "and civil penalties under section 307"; (2) by striking paragraph (3); and by redesignating paragraph (4) as paragraph (3). (e) ENFORCEABILITY.— Section 307 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437) is amended by adding at the end the following new subsection: "(j) AREA OF APPLICATION AND ENFORCEABILITY. —The area of application and enforceability of this title includes the territorial sea of the United States, as described in Presidential Proclamation 5928 of December 27, 1988, which is subject to the sovereignty