§ 1338a. Moneys received as a result of forfeiture by Outer Continental Shelf permittee, lessee, or right-of-way holder; deposits and transfers to decommissioning account; return of excess amounts
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/usc/title-43/section-1338aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding section 3302 of title 31, any moneys hereafter 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 that does not fulfill the requirements of its permit, lease, or right-of-way or does not comply with the regulations of the Secretary, or as a bankruptcy distribution or settlement associated with such failure or noncompliance, shall be credited to a separate account established in the Treasury for decommissioning activities and shall be available to the Bureau of Ocean Energy Management without further appropriation or fiscal year limitation to cover the cost to the United States of any improvement, protection, rehabilitation, or decommissioning work rendered necessary by the action or inaction that led to the forfeiture or bankruptcy distribution or settlement, to remain available until expended:
Provided further, That amounts deposited into the decommissioning account may be allocated to the Bureau of Safety and Environmental Enforcement for such costs: Provided further, That any moneys received for such costs currently held in the Ocean Energy Management account shall be transferred to the decommissioning account: Provided further, That any portion of the moneys so credited shall be returned to the bankruptcy estate, 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. 118–42, div. E, title I, § 123, Mar. 9, 2024, 138 Stat. 249.)
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Cited by 9 sections
statutes-at-large
- Public Law 101–512Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1991, and for other purposes
- Public Law 102–381Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1993, and for other purposes
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U.S. Code
8 references not yet in our index
- Pub. L. 118–42, div. E, title I, § 123
- 138 Stat. 249
- Pub. L. 101–512, title I
- 104 Stat. 1926
- Pub. L. 102–381, title I
- 106 Stat. 1386
- Pub. L. 103–332, title I
- 108 Stat. 2508
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§ 1338a
Moneys received as a result of forfeiture by Outer Continental Shelf permittee, lessee, or right-of-way holder; deposits and transfers to decommissioning account; return of excess amounts
Bills×6
Stat.×2
Fed. Reg.×1
Pub. L.Pub. L. 118–42, div. E, title I, § 123
Stat.138 Stat. 249
Pub. L.Pub. L. 101–512, title I
Stat.104 Stat. 1926
Pub. L.Pub. L. 102–381, title I
Cites 9 · showing 6Cited by 9 across 3 sources