To improve the ability of the Secretary of the Interior to properly manage certain resources of the National Park System.
PL 101-337 (H.R.2844), enacted 07/27/1990

PUBLIC LAW 101-337—JULY 27, 1990 
104 STAT. 379 
Public Law 101-337 
101st Congress 
An Act 
To improve the ability of the Secretary of the Interior to properly manage certain 
July 27, 1990 
resources of the National Park System. 
[H.R. 2844] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
16 USC19jj. 
As used in this Act the term: 
(a) "Attorney General" means the Attorney General of the United 
States. 
(b) "Damages" includes the following: 
(1) Compensation for— 
(AXi) the cost of replacing, restoring, or acquiring the 
equivalent of a park system resource; and 
(ii) the value of any significant loss of use of a park 
system resource pending its restoration or replacement or 
the acquisition of an equivalent resource; or 
(B) the value of the park system resource in the event the 
resource cannot be replaced or restored. 
(2) The cost of damage assessments under section 3(b). 
(c) "Response costs" means the costs of actions taken by the 
Secretary of the Interior to prevent or minimize destruction or loss 
of or injury to park system resources; or to abate or minimize the 
imminent risk of such destruction, loss, or injury; or to monitor 
ongoing effects of incidents causing such destruction, loss, or injury. 
(d) "Park system resource" means any living or nonliving resource 
that is located within or is a living part of a marine regimen or a 
Great Lakes aquatic regimen (including an aquatic regimen within 
Voyageurs National Park) within the boundaries of a unit of the 
National Park System, except for resources owned by a non-Federal 
entity. 
(e) "Regimen" means a water column and submerged lands, up to 
the high-tide or high-water line. 
(f) "Secretary" means the Secretary of the Interior. 
SEC. 2. LIABILITY. 
16 USC IBjj-l. 
(a) IN GENERAL.—Subject to subsection (c), 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) LiABiUTY 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 
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). 
(c) DEFENSES.—A person is not liable under this section if such 
person can establish that— 
104 STAT. 380 
PUBLIC LAW 101-337—JULY 27, 1990 
(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. 
16 u s e 19iJ-2. 
SEC. 3. ACTIONS. 
(a) CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES.—The Attor-
ney General, upon request of the Secretary after a finding by the 
Secretary— 
(1) of damage to a park system resource; or 
(2) that absent the undertaking of response costs, damage to a 
park system resource would have occurred; 
may commence a civil action in the United States district court for 
the appropriate district against any person who may be liable under 
section 2 for response costs and damages. The Secretary shall submit 
a request for such an action to the Attorney General whenever a 
person may be liable or an instrumentality may be liable in rem for 
such costs and damages as provided in section 2. 
(b) RESPONSE ACTIONS AND ASSESSMENT OF DAMAGES.—(1) The 
Secretary shall undertake all necessary actions to prevent or mini-
mize the destruction, loss of, or injury to park system resources, or 
to minimize the imminent risk of such destruction, loss, or injury. 
(2) The Secretary shall assess and monitor damages to park 
system resources. 
16USC19JJ-3. 
SEC. 4. USE OF RECOVERED AMOUNTS. 
Response costs and damages recovered by the Secretary under the 
provisions of this Act or amounts recovered by the Federal Govern-
ment under any Federal, State, or local law or regulation or other-
wise as a result of damage to any living or nonliving resource 
located within a unit of the National Park System, except for 
damage to resources owned by a non-Federal entity, shall be avail-
able to the Secretary and without further congressional action may 
be used only as follows: 
(a) RESPONSE COSTS AND DAMAGE ASSESSMENTS.—To reimburse 
response costs and damage assessments by the Secretary or 
other Federal agencies as the Secretan^ deems appropriate. 
(b) RESTORATION AND REPLACEMENT.—To restore, replace, or 
acquire the equivalent of resources which were the subject of 
the action and to monitor and study such resources: Provided, 
That no such funds may be used to acquire any lands or waters 
or interests therein or rights thereto unless such acquisition is 
specifically approved in advance in appropriations Acts and any 
such acquisition shall be subject to any limitations contained in 
the organic legislation for such park unit. 
(c) EXCESS FUNDS.—Any amounts remaining after expendi-
tures pursuant to subsections (a) and Qa) shall be deposited into 
the General Fund of the United States Treasury. 
(d) REPORT TO CONGRESS.—The Secretary shall report an-
nually to the Committee on Appropriations and the Committee 
on Energy and Natural Resources of the United States 
PUBLIC LAW 101-337—JULY 27, 1990 
104 STAT. 381 
Senate and the Committee on Appropriations and the Commit-
tee on Interior and Insular Affairs of the United States House of 
Representatives on funds expended pursuant to this Act. The 
report shall contain a detailed analysis and accounting of all 
funds recovered and expended, including, but not limited to, 
donations received pursuant to section 5, projects undertaken, 
emd monies returned to the Treasury. 
SEC. 5. DONATIONS. 
16 USC 19jj-4. 
The Secretary may accept donations of money or services for 
expenditure or employment to meet expected, immediate, or 
ongoing response costs. Such donations may be expended or em-
ployed at any time after their acceptance, without further congres-
sional action. 
Approved July 27, 1990. 
LEGISLATIVE HISTORY—H.R. 2844: 
SENATE REPORTS: No. 101-328 (Cbmm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): July 19, considered and passed House. 
Vol. 136 (1990): June 19, considered and passed Senate, amended. 
July 10, House concurred in Senate amendment.