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

§100723 Actions

Title 54 › Subtitle Subtitle I— - National Park System › Chapter CHAPTER 1007— - RESOURCE MANAGEMENT › Subchapter SUBCHAPTER II— - SYSTEM UNIT RESOURCE PROTECTION › § 100723

Last updated Apr 6, 2026|Official source

Summary

The Attorney General can sue in federal court for response costs and damages if the Secretary finds a System unit resource was destroyed, lost, or harmed, or would have been without a response action. The Attorney General sues only after the Secretary asks, and the Secretary must ask whenever a person or property might be responsible under section 100722. The Secretary must take needed steps to stop or reduce harm to System unit resources or to lower an immediate risk of harm. The Secretary must also assess and keep track of any destruction, loss, or injury to those resources.

Full Legal Text

Title 54, §100723

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

(a)The Attorney General, on request of the Secretary after a finding by the Secretary of destruction, loss, or injury to a System unit resource or a finding that absent the undertaking of a response action, destruction, loss, or injury to a System unit resource would have occurred, may bring a civil action in United States district court against any person or instrumentality that may be liable under section 100722 of this title for response costs and damages. The Secretary shall submit a request for the civil action to the Attorney General whenever a person may be liable or an instrumentality may be liable in rem for those costs and damages under section 100722 of this title.
(b)(1)The Secretary shall undertake all necessary actions to—
(A)prevent or minimize the destruction, loss of, or injury to System unit resources; or
(B)minimize the imminent risk of destruction, loss, or injury to System unit resources.
(2)The Secretary shall assess and monitor destruction, loss, or injury to System unit resources.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10072316 U.S.C. 19jj–2.Pub. L. 101–337, § 3, July 27, 1990, 104 Stat. 380. In this section, the words “destruction, loss, or injury” are substituted for “damage” in subsection (a) and for “damages” in subsection (b) for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action. In subsection (a), the words “response action” are substituted for “response costs” the 1st time the words appear for clarity and consistency in the new chapter.

Reference

Citations & Metadata

Citation

54 U.S.C. § 100723

Title 54 — National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73