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U.S. Code as of:
01/19/04
Section 2104. Permits for construction and management of artificial reefs
(a) Secretarial action on permits
In issuing a permit for artificial reefs under section 403 of
this title, section 1344 of this title, or section 1333(e) of title
43, the Secretary of the Army (hereinafter in this section referred
to as the "Secretary") shall -
(1) consult with and consider the views of appropriate Federal
agencies, States, local governments, and other interested
parties;
(2) ensure that the provisions for siting, constructing,
monitoring, and managing the artificial reef are consistent with
the criteria and standards established under this chapter;
(3) ensure that the title to the artificial reef construction
material is unambiguous, and that responsibility for maintenance
and the financial ability to assume liability for future damages
are clearly established; and
(4) consider the plan developed under section 2103 of this
title and notify the Secretary of Commerce of any need to deviate
from that plan.
(b) Terms and conditions of permits
(1) Each permit issued by the Secretary subject to this section
shall specify the design and location for construction of the
artificial reef and the types and quantities of materials that may
be used in constructing such artificial reef. In addition, each
such permit shall specify such terms and conditions for the
construction, operation, maintenance, monitoring, and managing the
use of the artificial reef as are necessary for compliance with all
applicable provisions of law and as are necessary to ensure the
protection of the environment and human safety and property.
(2) Before issuing a permit under section 1342 of this title for
any activity relating to the siting, design, construction,
operation, maintenance, monitoring, or managing of an artificial
reef, the Administrator of the Environmental Protection Agency
shall consult with the Secretary to ensure that such permit is
consistent with any permit issued by the Secretary subject to this
section.
(c) Liability of permittee
(1) A person to whom a permit is issued in accordance with
subsection (a) of this section and any insurer of that person shall
not be liable for damages caused by activities required to be
undertaken under any terms and conditions of the permit, if the
permittee is in compliance with such terms and conditions.
(2) A person to whom a permit is issued in accordance with
subsection (a) of this section and any insurer of that person shall
be liable, to the extent determined under applicable law, for
damages to which paragraph (1) does not apply.
(3) The Secretary may not issue a permit subject to this section
to a person unless that person demonstrates to the Secretary the
financial ability to assume liability for all damages that may
arise with respect to an artificial reef and for which such
permittee may be liable.
(4) Any person who has transferred title to artificial reef
construction materials to a person to whom a permit is issued in
accordance with subsection (a) of this section shall not be liable
for damages arising from the use of such materials in an artificial
reef, if such materials meet applicable requirements of the plan
published under section 2103 of this title and are not otherwise
defective at the time title is transferred.
(d) Liability of the United States
Nothing in this chapter creates any liability on the part of the
United States.
(e) Civil penalty
Any person who, after notice and an opportunity for a hearing, is
found to have violated any provision of a permit issued in
accordance with subsection (a) of this section shall be liable to
the United States for a civil penalty, not to exceed $10,000 for
each violation. The amount of the civil penalty shall be assessed
by the Secretary by written notice. In determining the amount of
such penalty, the Secretary shall take into account the nature,
circumstances, extent, and gravity of the violation. The Secretary
may compromise, modify, or remit with or without conditions, any
civil penalty which is subject to imposition or which has been
imposed under this section. If any person fails to pay an
assessment of a civil penalty after it has become final, the
Secretary may refer the matter to the Attorney General for
collection.
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