(a) Limitation on Use.—Response costs and damages recovered by the Secretary under this subchapter or amounts recovered by the Federal Government under any Federal, State, or local law or regulation or otherwise as a result of destruction, loss of, or injury to any System unit resource shall be available to the Secretary and without further Congressional action may be used only as follows:
(1) Reimbursement.—To reimburse response costs and damage assessments by the Secretary or other Federal agencies as the Secretary considers appropriate.
(2) Restoration and replacement.—To restore, replace, or acquire the equivalent of System unit resources that were the subject of the action and to monitor and study those System unit resources. The funds may not be used to acquire any land or water, interest in land or water, or right to land or water unless the acquisition is specifically approved in advance in appropriations Acts. The acquisition shall be subject to any limitations contained in the legislation establishing the System unit.
(b) Excess Amounts.—Any amounts remaining after expenditures pursuant to paragraphs (1) and (2) of subsection (a) shall be deposited in the Treasury.
Open Table
Historical and Revision Notes
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Revised Section
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Source (U.S. Code) |
Source (Statutes at Large) |
| 100724 |
16 U.S.C. 19jj–3. |
Pub. L. 101–337, §4, July 27, 1990, 104 Stat. 380; Pub. L. 103–437, §6(d)(3), Nov. 12, 1994, 108 Stat. 4583. |
Section 4(d) of the Act of July 27, 1990 (Public Law 101–337, 104 Stat. 380), is omitted as obsolete. See section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Public Land 104–66, 31 U.S.C. 1113 note) and page 111 of House Document No. 103–7.
In subsection (a), before paragraph (1), the words "destruction, loss, or injury to" are substituted for "damage to" for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action.
In subsection (b), the words "the General Fund of the United States" are omitted as unnecessary.
