U.S. Code » Title 54 » Subtitle Subtitle I— National Park System › Division DIVISION A— ESTABLISHMENT AND GENERAL ADMINISTRATION › Chapter CHAPTER 1007— RESOURCE MANAGEMENT › Subchapter SUBCHAPTER II— SYSTEM UNIT RESOURCE PROTECTION

54 U.S.C. § 100722

Liability

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(a)In General.—Subject to subsection (c), any person that destroys, causes the loss of, or injures any System unit resource is liable to the United States for response costs and damages resulting from the destruction, loss, or injury.(b)Liability In Rem.—Any instrumentality, including a vessel, vehicle, aircraft, or other equipment, that destroys, causes the loss of, or injures any System unit resource shall be liable in rem to the United States for response costs and damages resulting from the 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 the person establishes that—(1) the destruction, loss of, or injury to the System unit resource was caused solely by an act of God or an act of war;(2) the person acted with due care, and the destruction, loss of, or injury to the System unit resource was caused solely by an act or omission of a 3d party, other than an employee or agent of the person; or(3) the destruction, loss, or injury to the System unit resource was caused by an activity authorized by Federal or State law.(d)Scope.—Liability under this section is in addition to any other liability that may arise under Federal or State law.(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3107.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

100722

16 U.S.C. 19jj–1.

Pub. L. 101–337, § 2, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, § 814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 106–176, title I, § 120(c), Mar. 10, 2000, 114 Stat. 29.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: United States v. Water Supply & Storage Co., No. 1:23-cv-00533 (D. Colo. Nov. 16, 2023).
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United States v. Water Supply & Storage Co., No. 1:23-cv-00533 (D. Colo. Nov. 16, 2023). “Plaintiff United States filed a complaint on February 27, 2023, alleging that the lands and wetlands, and associated flora and fauna impacted by the rupture, are system unit resources covered by the System Unit Resource Protection Act, 54 U.S.C. § 100722 (“SURPA”). Plaintiff…”
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