---
kind: "section"
citation: "54 U.S.C. § 100722"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "100722"
heading: "Liability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/100722"
units:
  - "Subtitle I — National Park System"
  - "Division A — Establishment and General Administration"
  - "Chapter 1007 — Resource Management"
  - "Subchapter II — System Unit Resource Protection"
---

# §100722. Liability

- (a) **In General.—** Subject to [subsection (c)](#c), any person that destroys, causes the loss of, or injures any [System unit resource](/usc/54/100721.md?p=3-A) is liable to the United States for [response costs](/usc/54/100721.md?p=2) and [damages](/usc/54/100721.md?p=1) resulting from the destruction, loss, or injury.
- (b) **Liability In Rem.—** Any instrumentality, including a vessel, vehicle, aircraft, or other equipment, that destroys, causes the loss of, or injures any [System unit resource](/usc/54/100721.md?p=3-A) shall be liable in rem to the United States for [response costs](/usc/54/100721.md?p=2) and [damages](/usc/54/100721.md?p=1) resulting from the destruction, loss, or injury to the same extent as a person is liable under [subsection (a)](#a).
- (c) **Defenses.—** 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](/usc/54/100721.md?p=3-A) 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](/usc/54/100721.md?p=3-A) 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](/usc/54/100721.md?p=3-A) was caused by an activity authorized by Federal or State law.
- (d) **Scope.—** Liability under this section is in addition to any other liability that may arise under Federal or State law.

## Source credit

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3107.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 100722 | 16 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. |