Page:United States Statutes at Large Volume 110 Part 2.djvu/355

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PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-208 1780, and 4100 of title 43, Code of Federal Regulations, to take effect August 21, 1995, until November 21, 1995. None of the funds made available under this or any other Act may be used to publish proposed or enforce final regulations governing the management of livestock grazing on lands administered by the Forest Service until November 21, 1995. SEC. 330. Section 1864 of title 18, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2), by striking "twenty" and inserting "40"; (B) in paragraph (3), by striking "ten" and inserting "20"; (C) in paragraph (4), by striking "if damage exceeding $10,000 to the property of any individual results," and inserting "if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate,"; and (D) in parai^aph (4), by striking "ten" and inserting "20"; (2) in subsection (c) by striking "ten" and inserting "20"; (3) in subsection (d), by— (A) striking "and" at the end of paragraph (2); (B) striking the period at the end of paragraph (3) and inserting "; and"; and (C) adding at the end the following: "(4) the term 'avoidance costs' means costs incurred by any individual for the purpose of— "(A) detecting a hazardous or injurious device; or "(B) preventing death, serious bodily injury, bodily injury, or property damage likely to result from the use of a hazardous or injurious device in violation of subsection (a)."; and (4) by adding at the end thereof the following: "(e) Any person injured as the result of a violation of subsection (a) may commence a civil action on his own behalf against any person who is alleged to be in violation of subsection (a). The Courts, district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, in such civil actions. The court may award, in addition to monetary damages for any injury resulting from an alleged violation of subsection (a), costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate.". SEC. 331. (a) PURPOSES OF NATIONAL ENDOWME^fT FOR THE ARTS.— Section 2 of the National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951), sets out findings and purposes for which the National Endowment for the Arts was established, among which are— (1) "The arts and humanities belong to all the people of the United States"; (2) "The arts and humanities reflect the high place accorded by the American people... to the fostering of mutual respect for the diverse beliefs and values of all persons and groups"; (3) "Public funding of the arts and humanities is subject to the conditions that traditionally govern the use of public