DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES.

SEC 204. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES. (a) Liability for Destruction or Loss of, or Injury to, Sanctuary Resources.— The Act is amended by adding at the end the following: “SEC 312. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY RESOURCES. “(a) Liability.— “(1) In general.— Subject to paragraph (3), any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury. 102 STAT. 3216 “(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 injury 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(f)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9607(f)(1)), 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 improvement.— 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 lying 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.”. 102 STAT. 3217 (b) Damages, Response Costs, and Sanctuary Resource Defined.— Section 302 of the Act (16 U.S.C. 1432) is amended— (1) by striking “and” at the end of paragraph (4); (2) by striking the period in paragraph (5) and inserting “; and”; and (3) by adding at the end the following: “(6) ‘damages’ includes— “(A) compensation for— “(i) (I) the cost of replacing, restoring, or acquiring the equivalent of a sanctuary resource; and “(II) the value of the lost use of a sanctuary resource pending its restoration or replacement or the acquisition of an equivalent sanctuary resource; or “(ii) 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) ‘response costs’ means the costs of actions taken by the Secretary to minimize destruction or loss of, or injury to, sanctuary resources, or to minimize 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 of the sanctuary.”. (c) Effective Date.— Amounts in the form of damages received by the United States after November 30, 1986, for destruction or loss of, 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 of the Act (as amended by this Act).