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Title 54 — National Park Service and Related ProgramsRelease 119-73

§100722 Liability

Title 54 › Subtitle Subtitle I— - National Park System › Chapter CHAPTER 1007— - RESOURCE MANAGEMENT › Subchapter SUBCHAPTER II— - SYSTEM UNIT RESOURCE PROTECTION › § 100722

Last updated Apr 6, 2026|Official source

Summary

Anyone who destroys, causes the loss of, or damages a System unit resource must pay the United States for cleanup and any damages. A thing that causes the harm — like a vessel, car, plane, or other equipment — can also be held responsible in the same way. A person is not responsible if they prove one of three things: the harm was only from an act of God or an act of war; they used proper care and a third party (not their employee or agent) alone caused the harm; or the activity was allowed by federal or state law. This responsibility is in addition to any other federal or state liability.

Full Legal Text

Title 54, §100722

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)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)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)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)Liability under this section is in addition to any other liability that may arise under Federal or State law.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10072216 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.

Reference

Citations & Metadata

Citation

54 U.S.C. § 100722

Title 54 — National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73