§2104 Permits for Construction and Management of Artificial Reefs

Summary

When the Secretary of the Army issues a permit to build or manage an artificial reef, the Army must talk with other federal agencies, states, local governments, and interested groups. The permit must follow the chapter’s rules for where the reef goes, how it is built, watched, and cared for. The Army must make sure who owns the materials is clear, who will keep up the reef, and that the permit holder can pay for any future damage. The Army must also look at the national reef plan and tell the Secretary of Commerce if it needs to do anything different. Each permit must say the reef’s design, location, and what types and amounts of materials can be used, plus rules for construction, operation, maintenance, monitoring, and safety. If the EPA issues a related water-quality permit, the EPA must check with the Army so the two permits match. A permit holder who follows the permit’s required actions is not liable for damages caused by those required actions; otherwise the holder is liable as the law allows. The Army cannot give a permit unless the applicant shows it can pay for possible damages. People who sell reef materials are not liable for later damage if the materials met the plan and were not defective when sold. The United States is not liable under this chapter. Anyone found to violate a permit, after notice and a hearing, can be fined up to $10,000 for each violation; the Army decides the amount, may reduce it, and can send unpaid fines to the Attorney General to collect.