§ 1842. — Fishermen's Contingency Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1842]
TITLE 43--PUBLIC LANDS
CHAPTER 36--OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
SUBCHAPTER II--FISHERMEN'S CONTINGENCY FUND
Sec. 1842. Fishermen's Contingency Fund
(a) Establishment; availability; source of deposits; limitation on
amount; interest-bearing accounts; litigation
(1) There is established in the Treasury of the United States a
Fishermen's Contingency Fund. The Fund shall be available to the
Secretary without fiscal year limitations as a revolving fund for the
purpose of making payments pursuant to this section. The Fund shall
consist of--
(A) revenues received from investments made under paragraph (3);
(B) amounts collected under subsection (b) of this section; and
(C) amounts recovered by the Secretary under section 1845(h)(2)
of this title.
The total amount in the Fund that is collected under subsection (b) of
this section may at no time exceed $2,000,000; and the total amount in
the Fund which is attributable to revenue received under paragraph (3)
or recovered by the Secretary under section 1845(h)(2) of this title
shall be expended prior to amounts collected under subsection (b) of
this section. Not more than 8 percent of the total amount in the Fund
may be expended in any fiscal year for paying the administrative and
personnel expenses referred to in paragraph (2)(A).
(2) The Fund shall be available, as provided for in appropriation
Acts solely for the payment of--
(A) the personnel and administrative expenses incurred in
carrying out this subchapter;
(B) any claim, in accordance with procedures established under
this section, for damages that are compensable under this
subchapter; and
(C) attorney and other fees awarded under section 1845(e) of
this title with respect to any such claim.
(3) Sums in the Fund that are not currently needed for the purposes
of the Fund shall be kept on deposit in appropriate interest-bearing
accounts that shall be established by the Secretary of the Treasury or
invested in obligations of, or guaranteed by, the United States. Any
revenue accruing from such deposits and investments shall be deposited
into the Fund.
(4) The Fund may sue and be sued in its own name. All litigation by
or against the Fund shall be referred to the Attorney General.
(b) Payments by each holder of lease, permit, easement, or right-of-way
(1) Except as provided in paragraph (2), each holder of a lease that
is issued or maintained under the Outer Continental Shelf Lands Act [43
U.S.C. 1331 et seq.] and each holder of an exploration permit, or an
easement or right-of-way for the construction of a pipeline in any area
of the Outer Continental Shelf, shall pay an amount specified by the
Secretary. The Secretary of the Interior shall collect such amount and
deposit it into the Fund. In any calendar year, no holder of a lease,
permit, easement, or right-of-way shall be required to pay an amount in
excess of $5,000 per lease, permit, easement, or right-of-way.
(2) Payments may not be required under paragraph (1) by the
Secretary of the Interior with respect to geological permits and
geophysical permits, other than prelease exploratory drilling permits
issued under section 11 of the Outer Continental Shelf Lands Act (43
U.S.C. 1340).
(Pub. L. 95-372, title IV, Sec. 402, Sept. 18, 1978, 92 Stat. 686; Pub.
L. 97-212, Sec. 2, June 30, 1982, 96 Stat. 143.)
References in Text
The Outer Continental Shelf Lands Act, referred to in subsec.
(b)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1331 of this title and Tables.
Amendments
1982--Subsec. (a). Pub. L. 97-212 redesignated subsec. (a) as
subsec. (a)(1) and substituted provisions relating to the source of
funds, that the total amount of the Fund would not exceed $2,000,000,
that the total amount in the Fund which is attributable to revenue
received under par. (3) as amended or recovered by the Secretary under
section 1845(h)(2) of this title be expended prior to amounts collected
under subsec. (b) as amended, and that not more than 8 percent of the
total amount in the Fund be expended in any fiscal year for the paying
of administrative and personnel expenses, for provisions that the
amounts paid pursuant to former subsecs. (c) and (d) of this section be
deposited in the Fund, and that the total amount in the Fund not exceed
$1,000,000, redesignated as subsec. (a)(2) former subsec. (e), and
struck out provision that the amounts disbursed for administrative or
personnel expenses not exceed 15 percent of the amounts deposited in a
revolving account for that fiscal year, added as subsec. (a)(3)
provisions that the sums of the Fund be kept on deposit in interest-
bearing accounts, and added as subsec. (a)(4) provision that all
litigation be referred to the Attorney General.
Subsec. (b). Pub. L. 97-212 redesignated as subsec. (b)(1)
provisions of former subsec. (c) and added as subsec. (b)(2) provision
that payments not be required under par. (1) by the Secretary of the
Interior with respect to geological and geophysical permits other than
prelease exploratory drilling permits issued under section 1340 of this
title. Former subsec. (b) relating to the establishment and maintenance
of an area account within the Fund was struck out.
Subsec. (c). Pub. L. 97-212 redesignated subsec. (c) as (b)(1).
Subsec. (d). Pub. L. 97-212 struck out subsec. (d) which related to
level of area account funds.
Subsec. (e). Pub. L. 97-212 redesignated subsec. (e) as (a)(2).
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-212 applicable with respect to claims for
damages filed on or after June 30, 1982, with the Secretary of Commerce
under section 1845(a) of this title, with provision for the refiling of
previously filed claims under certain circumstances, see section 9 of
Pub. L. 97-212, set out as a note under section 1841 of this title.
Section Referred to in Other Sections
This section is referred to in section 1841 of this title.
