Page:United States Statutes at Large Volume 96 Part 1.djvu/186

 96 STAT. 144

Post, p. 145.

PUBLIC LAW 97-212—JUNE 30, 1982 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) 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-ofway. "(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).". SEC. 3. ADMINISTRATION OF CLAIMS.

Section 403(c) of such amendments of 1978 (43 U.S.C. 1843(c)) is amended as follows: (1) Paragraph (1) is amended to read as follows: "(c)(1) Payments shall be disbursed by the Secretary from the Fund to compensate commercial fishermen for actual and conse• quential damages, including resulting economic loss, due to damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items associated with Outer Continental Shelf oil and gas exploration, development, or production activities. The compensation payable under this section for resulting economic loss shall be an amount equal to 25 per centum of such loss. For purposes of this "Resulting subsection, the term 'resulting economic loss' means the gross economic loss." income, as estimated by the Secretary, that a commercial fisherman who is eligible for compensation under this section will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the damaged or lost fishing gear concerned is repaired or replaced and available for use.'. (2) Paragraph (2) is amended— (A) by striking out "any area account established under this title—" and inserting in lieu thereof "the Fund—",

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