PUBLIC LAW 95-372—SEPT. 18, 1978
92 STAT. 673
eminent incident to the administration of this title, including, but not limited to, the claims settlement activities and adjudicatory and judicial proceedings, whether or not such costs are recoverable under section 308 of this title. The Secretary is authorized to promulgate regulations designating the Regulations. person or persons who may obligate available money in the Fund for such purposes. (d)(1) The Secretary shall levy and the Secretary of the Treasury ^ a l l collect a fee of not to exceed 3 cents per barrel on oil obtained from the Outer Continental Shelf, which shall be imposed on the owner of the oil when such oil is produced. (2) The Secretary of the Treasury, after consulting with the Secre- Regulations. tary, may promulgate reasonable regulations relating to the collection of the fees authorized by paragraph (1) of this subsection and, from time to time, the modification thereof. Any modification shall become Publication in effective on the date specified in the regulation making such modifica- Federal Register. tion, but no earlier than the ninetieth day following the date such regulation is published in the Federal Register. Any modification of the fee shall be designed to insure that the Fund is maintained at a level of not less than $100,000,000 and not more than $200,000,000. No regulation that sets or modifies fees, whether or not in effect, may be stayed by any court pending completion of judicial review of such regulation. (3)(A) Any person who fails to collect or pay any fee as required Civil penalty, by any regulation promulgated under paragraph (2) of this subsection shall be liable for a civil penalty not to exceed $10,000, to be assessed by the Secretary of the Treasury, in addition to the fee required to be collected or paid and the interest on such fee at the rate such fee would have earned if collected or paid when due and invested in special obligations of the United States in accordance with subsection (e)(2) of this section. Upon the failure of any person so liable to pay any penalty, fee, or interest upon demand, the Attorney General may, at the request of the Secretary of the Treasury, bring an action in the name of the Fund against that person for such amount. (B) Any person who falsifies records or documents required to be Violation, maintained under any regulation promulgated under this subsection prosecution. shall be subject to prosecution for a violation of section 1001 of title 18, United States Code. (4) The Secretary of the Treasury may, by regulation, designate Regulations. the reaconably necessary records and documents to be kept by persons Audit and from whom fees are to be collected pursuant to paragraph (1) of this examination. subsection, and the Secretary of the Treasury and the Comptroller General of the United States shall have access to such records and documents for the purpose of audit and examination. (e)(1) The Secretary shall determine the level of funding required for immediate access in order to meet potential obligations of the Fund. (2) The Secretary of the Treasury may invest any excess in the Fund, above the level determined under paragraph (1) of this subsection, in interest-bearing special obligations of the United States. Such special obligations may be redeemed at any time in accordance Regulations, with the terms of the special issue and pursuant to regulations promulgated by the Secretary of the Treasury. The interest on, and the proceeds from the sale of, any obligations held in the Fund shall be deposited in and credited to the Fund.
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