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16 USC SECTION 19jj-1
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION
(a) In general
Subject to subsection (c) of this section, any person who
destroys, causes the loss of, or injures any park system resource
is liable to the United States for response costs and damages
resulting from such destruction, loss, or injury.
(b) Liability in rem
Any instrumentality, including but not limited to a vessel,
vehicle, aircraft, or other equipment that destroys, causes the
loss of, or injures any park system resource or any marine or
aquatic park resource shall be liable in rem to the United States
for response costs and damages resulting from such destruction,
loss, or injury to the same extent as a person is liable under
subsection (a) of this section.
(c) Defenses
A person is not liable under this section if such person can
establish that -
(1) the destruction, loss of, or injury to the park system
resource was caused solely by an act of God or an act of war;
(2) such person acted with due care, and the destruction, loss
of, or injury to the park system resource was caused solely by an
act or omission of a third party, other than an employee or agent
of such person; or
(3) the destruction, loss, or injury to the park system
resource was caused by an activity authorized by Federal or State
law.
(d) Scope
The provisions of this section shall be in addition to any other
liability which may arise under Federal or State law.
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