§1338a — Title 43 Public Lands | U.S. Code

Summary

Money from forfeited bonds, other security, or bankruptcy settlements tied to an Outer Continental Shelf permittee, lessee, or right‑of‑way holder who failed to meet obligations or follow rules must go into a special Treasury decommissioning account. The Bureau of Ocean Energy Management can use that money, without extra approval or time limits, to pay for work the government needs because of the failure. Funds can be given to the Bureau of Safety and Environmental Enforcement, and any related money already held by Ocean Energy Management must be moved into the decommissioning account. Any leftover funds after costs (or beyond a civil penalty) must be returned to the bankruptcy estate or the company.

Title 43, §1338a

Public Lands — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 2024, and also as part of the Consolidated Appropriations Act, 2024, and not as part of the Outer Continental Shelf Lands Act which comprises this subchapter.

Prior Provisions

A prior section 1338a, 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, related to moneys received as a result of forfeiture by Outer Continental Shelf permittee, lessee, or right-of-way holder and return of excess amounts, prior to repeal by Pub. L. 118–42, div. E, title I, § 123, Mar. 9, 2024, 138 Stat. 249.

§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

Summary

Title 43, §1338a

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata