43 U.S.C. § 1338a Moneys Received As a Result of Forfeiture By Outer Continental Shelf Permittee, Lessee, Or Right-Of-Way Holder; Return of Excess Amounts

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 43 U.S.C. § 1338a

Notwithstanding section 3302 of title 31, any moneys on and after November 5, 1990, received as a result of the forfeiture of a bond or other security by an Outer Continental Shelf permittee, lessee, or right-of-way holder which does not fulfill the requirements of its permit, lease, or right-of-way or does not comply with the regulations of the Secretary shall be credited to the royalty and offshore minerals management account of the Minerals Management Service to cover the cost to the United States of any improvement, protection, or rehabilitation work rendered necessary by the action or inaction that led to the forfeiture, to remain available until expended: Provided further, That any portion of the moneys so credited shall be returned to the permittee, lessee, or right-of-way holder to the extent that the money is in excess of the amount expended in performing the work necessitated by the action or inaction which led to their receipt or, if the bond or security was forfeited for failure to pay the civil penalty, in excess of the civil penalty imposed.

Cite as 43 U.S.C. § 1338a

Source:Pub. L. 101-512, 104 Stat. 1926; Pub. L. 102-381, 106 Stat. 1386; Pub. L. 103-332, 108 Stat. 2508.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

EDITORIAL NOTES

CODIFICATION

Section enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1991, and not as part of the Outer Continental Shelf Lands Act which comprises this subchapter.

AMENDMENTS

1994- Pub. L. 103-332 struck out "or payment of civil penalty" after "result of the forfeiture of a bond or other security", substituted "royalty and offshore minerals" for "leasing and royalty", and struck out "or imposition of the civil penalty" after "rendered necessary by the action or inaction that led to the forfeiture".