PUBLIC LAW 100-627—NOV. 7, 1988

102 STAT. 3215

"(2) amount.—The amount of a fee under this subsection
shall be equal to the sum of—
"(A) costs incurred, or expected to be incurred, by the
Secretary in issuing the permit;
"(B) costs incurred, or expected to be incurred, by the
Secretary as a direct result of the conduct of the activity for
which the permit is issued, including costs of monitoring
the conduct of the activity; and
"(C) an amount which represents the fair market value of
the use of the sanctuary resource and a reasonable return
to the United States Government.
"(3) use of fees.—Amounts collected by the Secretary in the
form of fees under this section may be used by the Secretary—
"(A) for ifiRiiifig and administering permits under this
section; and
"(B) for expenses of designating and managing national
marine sanctuaries.
"(d) violations.—Upon violation of a term or condition of a
permit issued under this section, the Secretary may—
"(1) suspend or revoke the permit without compensation to
the permittee and without liability to the United States;
"(2) assess a civil penalty in accordance with section 307; or
"(3) both.
"(e) reports.—Each person issued a permit under this section
shall submit an npnngil report to the Secretary not later than
December 31 of each year which describes activities conducted
under that permit and revenues derived from such activities during
the year.
"(0 fishing.—Nothing in this section shall be considered to re-
quire a person to obtain a permit under this section for the conduct
of any fishing activities in a national marine sanctuary.
"SEC. 311. COOPERATIVE AGREEMENTS AND DONATIONS.	16 USC 1442.
"(a) cooperative agreements.—The Secretary may enter into
cooperative agreements with any nonprofit organization—
"(1) to aid and promote interpretive, historical, scientific, and
educational activities; and
"(2) for the solicitation of private donations for the support of
such activities.
"(b) donations.—The Secretary may accept donations of funds,
property, and services for use in designating and administering
national marine sanctuaries under this title.".
SEC. 204. DESTRUCTION   OR   LOSS   OF,   OR   INJURY   TO,   SANCTUARY
RESOURCES.
(a) liability for destruction or Loss of, or injury to, sanc-
tuary resources.—The Act is amended by adding at the end the
following:
--SEC. 312. DESTRUCTION   OR  LOSS   OF,   OR   INJURY  TO,   SANCTUARY    16 USC 1443.
RESOURCES.
"(a) liability.—
"(1) in general.—Subject to paragraph (3), any person who
destroys, causes the loss of, or injures any sanctuary resource is
liable to the United States for response costs and damages
resulting from such destruction, loss, or injury.