Page:United States Statutes at Large Volume 92 Part 1.djvu/741

 PUBLIC LAW 95-372—SEPT. 18, 1978 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.

92 STAT. 687

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DUTIES AND POWERS

SEC. 403. (a) In carrying out the provisions of this title, the Secre- 43 USC 1843. tary shall— (1) prescribe, and from time to time amend, regulations for the Regulations, filing, processing, and fair and expeditious settlement of claims pursuant to this title, including a time limitation on the filing of such claims; and (2) identify and classify all potential hazards to commercial fishing caused by Outer Continental Shelf oil and gas exploration, development, and production activities, including all obstructions on the bottom, throughout the water column, and on the siirface. (b) The Secretary of the Interior shall establish regulations requir- Regulations, ing all materials, equipment, tools, containers, and all other items used on the Outer Continental Shelf to be properly color coded, stamped, or labeled, wherever practicable, with the owner's identification prior to actual use. (c)(1) Payments shall be disbursed by the Secretary from the appropriate area account to compensate commercial fishermen for actual and consequential damages, including loss of profits, due to damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items associated with oil and gas exploration, development, or production activities in such area, whether or not such damage occurred in such area. (2) Notwithstanding the provisions of paragraph (1) of this subsection, no payment may be made by the Secretary from any area account established under this title— (A) when the damage set forth in a claim was caused by mate, ^^^ rials, equipment, tools, containers, or other items attributable to a financially responsible party;

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