§ 1338a. — Moneys received as a result of forfeiture by Outer Continental Shelf permittee, lessee, or rightofway holder; return of excess amounts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1338a]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1338a. Moneys received as a result of forfeiture by Outer
Continental Shelf permittee, lessee, or right-of-way holder;
return of excess amounts
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.
(Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1926; Pub. L. 102-
381, title I, Oct. 5, 1992, 106 Stat. 1386; Pub. L. 103-332, title I,
Sept. 30, 1994, 108 Stat. 2508.)
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''.
1992--Pub. L. 102-381 substituted ``shall be credited to the leasing
and royalty management account of the Minerals Management Service'' for
``shall be credited to this account''.
Change of Name
Title I of Pub. L. 103-332, 108 Stat. 2508, provided in part: ``That
where the account title `Leasing and Royalty Management' appears in any
public law, the words `Leasing and Royalty Management' beginning in
fiscal year 1995 and thereafter shall be construed to mean `Royalty and
Offshore Minerals Management'.''
Effective Date of 1994 Amendment
Title I of Pub. L. 103-332, 108 Stat. 2508, provided that the
amendment made by Pub. L. 103-332 substituting ``royalty and offshore
minerals'' for ``leasing and royalty'' is effective beginning in fiscal
year 1995 and thereafter.
