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 USC 19iJ-2. SEC. 3. ACTIONS. (a) CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES.—The Attorney 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 minimize 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. 16 USC 19JJ-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 Government under any Federal, State, or local law or regulation or otherwise 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 available 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 expenditures 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 annually to the Committee on Appropriations and the Committee on Energy and Natural Resources of the United States
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