(B) to abate or minimize the imminent risk 
of any destruction, loss, or injury described in 
subparagraph (A); or 
(C) to monitor the ongoing effects of any 
incident causing any destruction, loss, or injury 
described in subparagraph (A). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) SYSTEM RESOURCE.—The term ‘‘system re-
source’’ means any living, nonliving, historical, cul-
tural, or archeological resource that is located within 
the boundaries of— 
(A) a unit of the National Wildlife Refuge 
System; 
(B) a unit of the National Fish Hatchery 
System; or 
(C) any other land or water managed by 
the Director of the United States Fish and 
Wildlife Service, including any land or water 
managed cooperatively with any other Federal 
or State agency. 
SEC. 3. ACTIONS. 
(a) IN GENERAL.—The Attorney General, at the re-
quest of the Secretary, may bring in the district court of 
the United States of appropriate jurisdiction— 
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(1) a civil action against any individual or enti-
ty that— 
(A) destroys, causes the loss of, or injures 
any system resource; or 
(B) causes the Secretary to carry out any 
action to prevent, minimize, or abate the de-
struction or loss of, or injury or risk to, any 
system resource; or 
(2) an in rem action against any instrumen-
tality (including a vessel, vehicle, aircraft, or other 
equipment or mechanism) that— 
(A) destroys, causes the loss of, or injures 
any system resource; or 
(B) causes the Secretary to carry out any 
action to prevent, minimize, or abate destruc-
tion or loss of, or injury or risk to, a system re-
source. 
(b) AFFIRMATIVE DEFENSES.—It shall be an affirm-
ative defense in an action under subsection (a) that— 
(1) the applicable destruction or loss of, or in-
jury to, the system resource was caused by an other-
wise legal act or omission that occurred outside of 
the boundaries of the system resource; 
(2) the applicable destruction or loss of, or in-
jury to, the system resource was caused by an activ-
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ity performed in accordance with Federal, State, or 
local law, regulation, or court order; 
(3) the applicable destruction or loss of, or in-
jury to, the system resource was caused solely by an 
act of God or an act of war; 
(4)(A) the applicable individual, entity, or in-
strumentality exercised due care; and 
(B) the applicable destruction or loss of, or in-
jury to, the system resource was caused solely by an 
act or omission of a third party, other than an em-
ployee or agent of the individual, entity, or instru-
mentality; or 
(5)(A) the applicable destruction or loss of, or 
injury to, the system resource was caused by an in-
dividual, entity, or instrumentality, including an em-
ployee or agent of the individual, entity, or instru-
mentality, acting in physical self-defense or defense 
of others against physical harm; and 
(B) the physical defense was— 
(i) reasonably necessary; 
(ii) without reasonable alternative; and 
(iii) not excessive under the circumstances. 
(c) DAMAGES.—In an action under subsection (a), 
the court may award response costs and damages resulting 
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from the applicable destruction or loss of, or injury to, 
the system resource. 
(d) DE MINIMIS THRESHOLD.—The Secretary may 
not make a request to the Attorney General under sub-
section (a) if the amount that could be awarded under sub-
section (c) relating to the cause of action would not exceed 
$5,000. 
(e) ADMINISTRATIVE ACTIONS FOR RESPONSE COSTS 
AND DAMAGES.— 
(1) ACTION BY SECRETARY.— 
(A) IN GENERAL.—Subject to paragraph 
(2), the Secretary, after making a finding de-
scribed in subparagraph (B), may consider, 
compromise, and settle a claim for response 
costs and damages if the claim has not been re-
ferred to the Attorney General under subsection 
(a). 
(B) DESCRIPTION OF FINDINGS.—A find-
ing referred to in subparagraph (A) is a finding 
that— 
(i) destruction or loss of, or injury to, 
a system resource has occurred; or 
(ii) that destruction, loss, or injury 
would occur absent an action by the Sec-
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retary to prevent, minimize, or abate the 
destruction, loss, or injury. 
(2) REQUIREMENT.—In any case in which the 
total amount to be recovered in an action under sub-
section (a) may exceed $500,000 (excluding inter-
est), a claim may be compromised and settled under 
paragraph (1) only with the prior written approval 
of the Attorney General. 
(f) RESPONSE ACTIONS, ASSESSMENTS OF DAMAGES, 
AND INJUNCTIVE RELIEF.— 
(1) IN GENERAL.—The Secretary may carry out 
any necessary action (including making a request to 
the Attorney General to seek injunctive relief)— 
(A) to prevent, minimize, or abate the de-
struction or loss of, or injury to, a system re-
source; or 
(B) to abate or minimize the imminent risk 
of that destruction, loss, or injury. 
(2) ASSESSMENT AND MONITORING.— 
(A) IN GENERAL.—The Secretary may as-
sess and monitor the destruction or loss of, or 
injury to, any system resource for purposes of 
paragraph (1). 
(B) JUDICIAL
REVIEW.—Any determina-
tion or assessment of damage to a system re-
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source carried out under subparagraph (A) 
shall be subject to judicial review under sub-
chapter II of chapter 5, and chapter 7, of title 
5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’), on the basis 
of the administrative record developed by the 
Secretary. 
(g) SCOPE.—The liability established by this section 
shall be in addition to any other liability arising under 
Federal or State law. 
SEC. 4. USE OF RECOVERED AMOUNTS. 
(a) IN GENERAL.—Amounts of the response costs 
and damages recovered by the Secretary under this Act 
and any amounts recovered by the Federal Government 
under any provision of Federal, State, or local law or oth-
erwise as a result of the destruction or loss of, or injury 
to, any system resource shall be credited as discretionary 
offsetting collections to the Construction account of the 
United States Fish and Wildlife Service for use in accord-
ance with subsection (b), and shall be made available for 
such purposes only to the extent and in the amounts pro-
vided in advance in appropriations Acts. 
(b) USE.—The Secretary may only use amounts 
made available under subsection (a)— 
(1) to reimburse expenditures incurred for— 
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(A) response costs; 
(B) damage assessments; 
(C) remediation action planning costs; or 
(D) other activities the Secretary deter-
mines to be necessary to respond to, assess, and 
remediate damages to a system resource; 
(2) to restore, replace, or acquire the equivalent 
of a system resource that was destroyed, lost, or in-
jured; or 
(3) to monitor and study the recovery of a sys-
tem resource that was destroyed, lost, or injured. 
(c) ALLOCATION.—The Secretary shall— 
(1) allocate for use under subsection (b) the 
amount of response costs and damages recovered 
with respect to each system resource and made 
available under subsection (a) to the unit, land, or 
water described in section 2(4) within which the sys-
tem resource was located at the time of the destruc-
tion, loss, or injury; and 
(2) after the allocation under paragraph (1), al-
locate any remaining amounts for such use under 
subsection (b) as the Secretary determines to be ap-
propriate. 
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SEC. 5. DONATIONS. 
(a) ACCEPTANCE OF MONETARY DONATIONS AND 
SERVICES.—Subject to subsection (b), the Secretary may 
accept donations of money or services to meet expected, 
immediate, or ongoing response costs and damages. 
(b) USE OF MONETARY DONATIONS.—Amounts ac-
cepted under subsection (a) shall be credited as discre-
tionary offsetting collections to the Construction account 
of the United States Fish and Wildlife Service for meeting 
such expected, immediate, or ongoing response costs and 
damages, and shall be made available for such purposes 
only to the extent and in the amounts provided in advance 
in appropriations Acts. 
SEC. 6. STATUTORY CONSTRUCTION WITH RESPECT TO 
ALASKA. 
If any conflict arises between any provision of this 
Act and any provision of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3101 et seq.), then 
the provision in such Act shall control. 
Æ 
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