§ 1842. Fishermen’s Contingency Fund

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Outer Continental Shelf Lands Act Amendments of 1978

   Pub. L. 95–372 title IV § 402 · 92 Stat. 629

   Enacted · 43 U.S.C. § 1842

   Pub. L. 95–372, title IV, § 402, Sept. 18, 1978, 92 Stat. 686

   Source evidence

   Code source credit
   Pub. L. 95–372, title IV, § 402, Sept. 18, 1978, 92 Stat. 686

   Enacted provision · exact public law section
   Sec. 402. establishment of the fishermen’s contingency fund; fee collection (a) There is hereby established in the Treasury of the 43 USC 1842. United States a Fishermen’s Contingency Fund. The Fund shall be available to the Secretary without fiscal year limitation as a revolving fund for the purpose of making payments pursuant to this section. The total amount in the Fund shall at no time exceed $1,000,000. Amounts paid pursuant to the provisions of subsections (c) and (d) of this section shall be deposited in the Fund. The Fund may sue or be sued in its own name. (b) The Secretary is authorized to establish and maintain an area account within the Fund for any area of the Outer Continental Shelf for purposes of providing reasonable compensation for damages to, or loss of, fishing gear and any resulting economic loss to commercial fishermen due to activities related to oil and gas exploration, development, and production in such area. (c) Upon establishment of an area account for any area of the Outer Continental Shelf pursuant to subsection (b) of this section, any holder of a lease issued or maintained under the Outer Continental Shelf Lands Act for any tract in such area and any holder of an 43 USC 1331 note. exploration permit, or of an easement or right-of-way for the con-struction of a pipeline in such area, shall pay an amount specified by the Secretary for the purpose of the establishment and maintenance of an area account for such area. The Secretary of the Interior shall collect such amount and deposit it to the credit of such area account within 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. (d) Subject to subsection (a) of this section, each area account established pursuant to this section shall be maintained at a level not to exceed $100,000 and, if depleted, shall be replenished by assessments of holders of leases, permits, easements, and rights-of-way in such area. (e) Amounts in each such area account shall be available for disbursement and shall be disbursed, subject to such amounts as are provided in appropriations Acts, for only the following purposes: (1) Administrative and personnel expenses of such area account and administrative and personnel expenses of the Fund which relate to such area account, except that amounts disbursed for such expenses in any fiscal year shall not exceed 15 per centum of the amounts deposited in such revolving account in such fiscal year. (2) The payment of any claim in accordance with procedures established under this section for damages suffered as a result of activities in the area for which such area account was established. (3) Reasonable attorney’s fees awarded pursuant to section 405(e) of this title.

2. 1982

   Pub. L. 97–212 § 2 · 96 Stat. 143

   1. Redesignated · 43 U.S.C. § 1842(a)

      Pub. L. 97–212 redesignated subsec. (a) as subsec. (a)(1)

   2. Substituted · 43 U.S.C. § 1842(a)

      Pub. L. 97–212 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

   3. Redesignated · 43 U.S.C. § 1842(a)

      Pub. L. 97–212 redesignated as subsec. (a)(2) former subsec. (e)

   4. Struck · 43 U.S.C. § 1842(a)

      Pub. L. 97–212 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

   5. Added · 43 U.S.C. § 1842(a)

      Pub. L. 97–212 added as subsec. (a)(3) provisions that the sums of the Fund be kept on deposit in interest-bearing accounts

   6. Added · 43 U.S.C. § 1842(a)

      Pub. L. 97–212 added as subsec. (a)(4) provision that all litigation be referred to the Attorney General

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 2. ESTABLISHMENT AND OPERATION OF FUND. Section 402 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1842) is amended to read as follows: “Sec. 402. “establishment of fishermen’s contingency fund; fee collection (a) (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); and “(C) amounts recovered by the Secretary under section 405(h)(2). Post, p. 145. The total amount in the Fund that is collected under subsection (b) 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 405(h)(2) shall be expended prior to amounts collected under subsection (b). 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 title; “(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this title; and “(C) attorney and other fees awarded under section 405(e) Post, p. 145. 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) (1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act 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).”.

   Effective date note
   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.

3. 1982

   Pub. L. 97–212 § 2 · 96 Stat. 143

   1. Redesignated · 43 U.S.C. § 1842(b)

      Pub. L. 97–212 redesignated as subsec. (b)(1) provisions of former subsec. (c)

   2. Struck · 43 U.S.C. § 1842(b)

      Pub. L. 97–212 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 2. ESTABLISHMENT AND OPERATION OF FUND. Section 402 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1842) is amended to read as follows: “Sec. 402. “establishment of fishermen’s contingency fund; fee collection (a) (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); and “(C) amounts recovered by the Secretary under section 405(h)(2). Post, p. 145. The total amount in the Fund that is collected under subsection (b) 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 405(h)(2) shall be expended prior to amounts collected under subsection (b). 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 title; “(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this title; and “(C) attorney and other fees awarded under section 405(e) Post, p. 145. 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) (1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act 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).”.

   Effective date note
   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.

4. 1982

   Pub. L. 97–212 § 2 · 96 Stat. 143

   Redesignated · 43 U.S.C. § 1842(c)

   Pub. L. 97–212 redesignated subsec. (c) as (b)(1)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–212 redesignated subsec. (c) as (b)(1).

   Enacted provision · exact public law section
   SEC. 2. ESTABLISHMENT AND OPERATION OF FUND. Section 402 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1842) is amended to read as follows: “Sec. 402. “establishment of fishermen’s contingency fund; fee collection (a) (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); and “(C) amounts recovered by the Secretary under section 405(h)(2). Post, p. 145. The total amount in the Fund that is collected under subsection (b) 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 405(h)(2) shall be expended prior to amounts collected under subsection (b). 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 title; “(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this title; and “(C) attorney and other fees awarded under section 405(e) Post, p. 145. 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) (1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act 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).”.

   Effective date note
   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.

5. 1982

   Pub. L. 97–212 § 2 · 96 Stat. 143

   Struck · 43 U.S.C. § 1842(d)

   Pub. L. 97–212 struck out subsec. (d) which related to level of area account funds

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–212 struck out subsec. (d) which related to level of area account funds.

   Enacted provision · exact public law section
   SEC. 2. ESTABLISHMENT AND OPERATION OF FUND. Section 402 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1842) is amended to read as follows: “Sec. 402. “establishment of fishermen’s contingency fund; fee collection (a) (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); and “(C) amounts recovered by the Secretary under section 405(h)(2). Post, p. 145. The total amount in the Fund that is collected under subsection (b) 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 405(h)(2) shall be expended prior to amounts collected under subsection (b). 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 title; “(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this title; and “(C) attorney and other fees awarded under section 405(e) Post, p. 145. 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) (1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act 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).”.

   Effective date note
   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.

6. 1982

   Pub. L. 97–212 § 2 · 96 Stat. 143

   Redesignated · 43 U.S.C. § 1842(e)

   Pub. L. 97–212 redesignated subsec. (e) as (a)(2)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–212 redesignated subsec. (e) as (a)(2).

   Enacted provision · exact public law section
   SEC. 2. ESTABLISHMENT AND OPERATION OF FUND. Section 402 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1842) is amended to read as follows: “Sec. 402. “establishment of fishermen’s contingency fund; fee collection (a) (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); and “(C) amounts recovered by the Secretary under section 405(h)(2). Post, p. 145. The total amount in the Fund that is collected under subsection (b) 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 405(h)(2) shall be expended prior to amounts collected under subsection (b). 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 title; “(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this title; and “(C) attorney and other fees awarded under section 405(e) Post, p. 145. 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) (1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act 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).”.

   Effective date note
   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.

12 of 12 references resolved to an enrolled provision