; or (B) to abate or minimize the imminent risk of that destruction, loss, or injury. (2) Assessment and monitoring (A) In general The Secretary may assess and monitor the destruction or loss of, or injury to, any system resource for purposes of paragraph (1). (B) Judicial review Any determination or assessment of damage to a system resource carried out under subparagraph (A) shall be subject to judicial review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), on the basis of the administrative record developed by the Secretary. (g) Scope The liability established by this section shall be in addition to any other liability arising under Federal or State law. 4. Use of recovered amounts (a) In general Amounts of the response costs and damages recovered by the Secretary under this Act and any amounts recovered by the Federal Government under any provision of Federal, State, or local law or otherwise as a result of the destruction or loss of, or injury to, any system resource shall be credited as discretionary offsetting collections to the Construction account of the United States Fish and Wildlife Service for use in accordance with subsection (b), and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts. (b) Use The Secretary may only use amounts made available under subsection (a)— (1) to reimburse expenditures incurred for— (A) response costs; (B) damage assessments; (C) remediation action planning costs; or (D) other activities the Secretary determines to be necessary to respond to, assess, and remediate damages to a system resource; (2) to restore, replace, or acquire the equivalent of a system resource that was destroyed, lost, or injured