43 U.S.C. § 1338 — Disposition of revenues

Page 345 TITLE 43—PUBLIC LANDS § 1338a ‘‘(2) 52.5 million barrels of oil equivalent for leases in 400 to 800 meters of water; and ‘‘(3) 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters.’’ DISTRIBUTION OF SECTION 1337(g) ACCOUNT Pub. L. 99–272, title VIII, § 8004, Apr. 7, 1986, 100 Stat. 150, provided that: ‘‘(a) Prior to April 15, 1986, the Secretary shall dis- tribute to the designated coastal States the sum of— ‘‘(1) the amounts due and payable to each such State under paragraph (2) of section 8(g) of the Outer Continental Shelf Lands Act, as amended by this title [43 U.S.C. 1337(g)(2)], for the period between October 1, 1985, and the date of such distribution, and ‘‘(2) the amounts due each such State under sub- section (b)(1)(A) of this section for the period prior to October 1, 1985. ‘‘(b)(1) As a fair and equitable disposition of all reve- nues (including interest thereon) derived from any lease of Federal lands wholly or partially within 3 miles of the seaward boundary of a coastal State prior to October 1, 1985, the Secretary shall distribute: ‘‘(A) from the funds which were deposited in the separate account in the Treasury of the United States under section 8(g)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(4)) which was in ef- fect prior to the date of enactment of section 8003 of this title [Apr. 7, 1986] the following sums: ($ million) Louisiana ............................................ 572 Texas ................................................... 382 California ............................................ 338 Alabama .............................................. 66 Alaska ................................................. 51 Mississippi .......................................... 14 Florida ................................................ 0.03 as well as 27 percent of the royalties, derived from any lease of Federal lands, which have been deposited through September 30, 1985, in the separate account described in this paragraph and interest thereon ac- crued through September 30, 1985, and shall transmit any remaining amounts to the miscellaneous receipts account of the Treasury of the United States; and ‘‘(B) from revenues derived from any lease of Fed- eral lands under the Outer Continental Shelf Lands Act, as amended [43 U.S.C. 1331 et seq.], prior to April 15 of each of the fifteen fiscal years following the fis- cal year in which this title is enacted, 3 percent of the following sums in each of the five fiscal years fol- lowing the date of enactment of this Act [Apr. 7, 1986], 7 percent of such sums in each of the next five fiscal years, and 10 percent of such sums in each of the following five fiscal years: ($ million) Louisiana ............................................ 84 Texas ................................................... 134 California ............................................ 289 Alabama .............................................. 7 Alaska ................................................. 134 Mississippi .......................................... 2. ‘‘(2) The acceptance of any payment by a State under this section shall satisfy and release any and all claims of such State against the United States arising under, or related to, section 8(g) of the Outer Continental Shelf Lands Act [43 U.S.C. 1337(g)], as it was in effect prior to the date of enactment of this Act [Apr. 7, 1986] and shall vest in such State the right to receive pay- ments as set forth in this section. ‘‘(c) Notwithstanding any other provision of this Act, the amounts due and payable to the State of Louisiana prior to October 1, 1986, under subtitle A of title VIII (Outer Continental Shelf and Related Programs) of this Act [title VIII does not contain a subtitle A, see Short Title of 1986 Amendment note set out under section 1301 of this title] shall remain in their separate accounts in the Treasury of the United States and continue to ac- crue interest until October 1, 1986, except that the $572,000,000 set forth in subsection 8004(b)(1)(A) of this section shall only accrue interest from April 15, 1986 to October 1, 1986, at which time the Secretary shall im- mediately distribute such sums with accrued interest to the State of Louisiana.’’ § 1338. Disposition of revenues All rentals, royalties, and other sums paid to the Secretary or the Secretary of the Navy under any lease on the outer Continental Shelf for the period from June 5, 1950, to date, and thereafter shall be deposited in the Treasury of the United States and credited to miscellaneous receipts. (Aug. 7, 1953, ch. 345, § 9, 67 Stat. 469.) § 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 Notwithstanding section 3302 of title 31, any moneys hereafter received as a result of the for- feiture of a bond or other security by an Outer Continental Shelf permittee, lessee, or right-of- way holder that does not fulfill the require- ments of its permit, lease, or right-of-way or does not comply with the regulations of the Sec- retary, or as a bankruptcy distribution or settle- ment associated with such failure or noncompli- ance, shall be credited to a separate account es- tablished in the Treasury for decommissioning activities and shall be available to the Bureau of Ocean Energy Management without further ap- propriation 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 inac- tion that led to the forfeiture or bankruptcy dis- tribution 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: Pro- vided further, That any moneys received for such costs currently held in the Ocean Energy Man- agement account shall be transferred to the de- commissioning 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 ac- tion 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 pen- alty imposed. (Pub. L. 118–42, div. E, title I, § 123, Mar. 9, 2024, 138 Stat. 249.) 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.