§ 2104. — Permits for construction and management of artificial reefs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2104]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 35--ARTIFICIAL REEFS
Sec. 2104. Permits for construction and management of artificial
reefs
(a) Secretarial action on permits
In issuing a permit for artificial reefs under section 403 of this
title, section 1344 of this title, or section 1333(e) of title 43, the
Secretary of the Army (hereinafter in this section referred to as the
``Secretary'') shall--
(1) consult with and consider the views of appropriate Federal
agencies, States, local governments, and other interested parties;
(2) ensure that the provisions for siting, constructing,
monitoring, and managing the artificial reef are consistent with the
criteria and standards established under this chapter;
(3) ensure that the title to the artificial reef construction
material is unambiguous, and that responsibility for maintenance and
the financial ability to assume liability for future damages are
clearly established; and
(4) consider the plan developed under section 2103 of this title
and notify the Secretary of Commerce of any need to deviate from
that plan.
(b) Terms and conditions of permits
(1) Each permit issued by the Secretary subject to this section
shall specify the design and location for construction of the artificial
reef and the types and quantities of materials that may be used in
constructing such artificial reef. In addition, each such permit shall
specify such terms and conditions for the construction, operation,
maintenance, monitoring, and managing the use of the artificial reef as
are necessary for compliance with all applicable provisions of law and
as are necessary to ensure the protection of the environment and human
safety and property.
(2) Before issuing a permit under section 1342 of this title for any
activity relating to the siting, design, construction, operation,
maintenance, monitoring, or managing of an artificial reef, the
Administrator of the Environmental Protection Agency shall consult with
the Secretary to ensure that such permit is consistent with any permit
issued by the Secretary subject to this section.
(c) Liability of permittee
(1) A person to whom a permit is issued in accordance with
subsection (a) of this section and any insurer of that person shall not
be liable for damages caused by activities required to be undertaken
under any terms and conditions of the permit, if the permittee is in
compliance with such terms and conditions.
(2) A person to whom a permit is issued in accordance with
subsection (a) of this section and any insurer of that person shall be
liable, to the extent determined under applicable law, for damages to
which paragraph (1) does not apply.
(3) The Secretary may not issue a permit subject to this section to
a person unless that person demonstrates to the Secretary the financial
ability to assume liability for all damages that may arise with respect
to an artificial reef and for which such permittee may be liable.
(4) Any person who has transferred title to artificial reef
construction materials to a person to whom a permit is issued in
accordance with subsection (a) of this section shall not be liable for
damages arising from the use of such materials in an artificial reef, if
such materials meet applicable requirements of the plan published under
section 2103 of this title and are not otherwise defective at the time
title is transferred.
(d) Liability of the United States
Nothing in this chapter creates any liability on the part of the
United States.
(e) Civil penalty
Any person who, after notice and an opportunity for a hearing, is
found to have violated any provision of a permit issued in accordance
with subsection (a) of this section shall be liable to the United States
for a civil penalty, not to exceed $10,000 for each violation. The
amount of the civil penalty shall be assessed by the Secretary by
written notice. In determining the amount of such penalty, the Secretary
shall take into account the nature, circumstances, extent, and gravity
of the violation. The Secretary may compromise, modify, or remit with or
without conditions, any civil penalty which is subject to imposition or
which has been imposed under this section. If any person fails to pay an
assessment of a civil penalty after it has become final, the Secretary
may refer the matter to the Attorney General for collection.
(Pub. L. 98-623, title II, Sec. 205, Nov. 8, 1984, 98 Stat. 3396.)
