Laws: Cases and Codes : U.S. Code : Title 16 : Section 1443
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U.S. Code as of:
01/19/04
Section 1443 - Notes
SOURCE
(Pub. L. 92-532, title III, Sec. 312, as added Pub. L. 100-627,
title II, Sec. 204(a), Nov. 7, 1988, 102 Stat. 3215; amended Pub.
L. 102-587, title II, Secs. 2107(d), 2110, Nov. 4, 1992, 106 Stat.
5044, 5045; Pub. L. 104-283, Sec. 9(e), Oct. 11, 1996, 110 Stat.
3367; Pub. L. 106-513, Secs. 13, 19(c), Nov. 13, 2000, 114 Stat.
2389, 2393.)
REFERENCES IN TEXT
Sections 181 to 188 of title 46, Appendix, referred to in subsec.
(a)(4), was in the original a reference to sections 4281 to 4289 of
the Revised Statutes of the United States. Section 4288 of the
Revised Statutes was classified to section 175 of former Title 46,
Shipping, and was repealed by act Oct. 9, 1940, ch. 777, Sec. 7, 54
Stat. 1028.
AMENDMENTS
2000 - Subsec. (a)(1). Pub. L. 106-513, Sec. 19(c), amended par.
(1) heading.
Subsec. (c). Pub. L. 106-513, Sec. 13(a), designated existing
provisions as par. (1), struck out "in the United States district
court for the appropriate district" after "civil action", and added
par. (2).
Subsec. (d)(1), (2). Pub. L. 106-513, Sec. 13(b), added pars. (1)
and (2) and struck out former pars. (1) and (2) which read 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."
Subsec. (e). Pub. L. 106-513, Sec. 13(c), added subsec. (e).
1996 - Subsec. (b)(1). Pub. L. 104-283 made technical amendment
to directory language of Pub. L. 102-587, Sec. 2110(d). See 1992
Amendment note below.
1992 - Subsec. (a)(1). Pub. L. 102-587, Sec. 2110(a), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"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."
Subsec. (a)(2). Pub. L. 102-587, Sec. 2110(b), inserted at end
"The amount of that liability shall constitute a maritime lien on
the vessel and may be recovered in an action in rem in any district
court of the United States that has jurisdiction over the vessel."
Subsec. (a)(4). Pub. L. 102-587, Sec. 2110(c), added par. (4).
Subsec. (b)(1). Pub. L. 102-587, Sec. 2110(d), as amended by Pub.
L. 104-283, inserted "or authorize" after "undertake".
Subsec. (d). Pub. L. 102-587, Sec. 2107(d)(1), struck out "and
civil penalties under section 1437 of this title" after "Secretary
under this section".
Subsec. (d)(3), (4). Pub. L. 102-587, Secs. 2107(d)(2), 2110(e),
redesignated par. (4) as (3), inserted "the court decree or
settlement agreement and" after "in accordance with", and struck
out former par. (3) which read as follows: "Amounts recovered under
section 1437 of this title in the form of civil penalties shall be
used by the Secretary in accordance with section 1437(e) of this
title and paragraphs (2)(B) and (C) of this subsection."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1432, 1437 of this title.
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