; (ii) be used only for purposes described in subparagraph (D); (iii) remain available until expended; and (iv) be credited as offsetting collections. (D) Use of funds Notwithstanding section 3302 of title 31, United States Code, amounts deposited in the Fund shall only be available for expenditure for purposes of carrying out inspections under subsection (b) in those States for which the Secretary has delegated authority under section 44(b)(1)(A) of the Mineral Leasing Act. (3) Payment due date The Secretary shall require payment of any fee assessed under paragraph (1) not later than 30 days after the date on which the Secretary provides notice of the assessment of the fee after the completion of an inspection. (4) Penalty If a designated operator assessed a fee under paragraph (1) fails to pay the full amount of the fee required under this subsection, the Secretary may, in addition to using any other applicable enforcement authority, assess civil penalties against the operator under section 109 in the same manner as if this section were a mineral leasing law. (5) Notification to State of noncompliance If, on the basis of any inspection under subsection (b), the Secretary determines that an operator is failing to comply with the requirements of mineral leasing laws or this Act, the Secretary shall notify the State of the failure to comply immediately. . (c) Existing authorities Section 390(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15942(a) ) is amended— (1) by striking Action by the Secretary and inserting The Secretary ; (2) by striking with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of and inserting shall apply