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43 U.S.C. § 1847 — Claims procedure

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1847 — Claims procedure

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Source file: Laws/federal/codes/united-states-code/title-43/section-1847-claims-procedure--d56807753e.md
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Source location: Title 43, Chapter 36, § 1847; chapter-036-outer-continental-shelf-resource-management.md

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**(a) Filing requirement; time to file** Any commercial fisherman suffering damages compensable under this subchapter may file a claim for compensation with the Secretary under subsection (d)(1). **(b) Transmittal of copy of claim to Secretary of the Interior; reference to Secretary** Upon receipt of any claim under this section, the Secretary shall transmit a copy of the claim to the Secretary of the Interior and shall take such further action regarding the claim that is required under subsection (d). **(c) Notification to persons engaged in activities associated with Outer Continental Shelf energy activities; response of persons notified; submittal of evidence** The Secretary of the Interior shall make reasonable efforts to notify all persons known to have engaged in activities associated with Outer Continental Shelf energy activity in the vicinity. Each such person shall promptly notify the Secretary and the Secretary of the Interior as to whether he admits or denies responsibility for the damages claimed. Any such person, including lessees or permittees or their contractors or subcontractors, may submit evidence at any proceeding conducted with respect to such claim. **(d) Acceptance of claim by Secretary; time to render decision; review of initial determination** (1) The Secretary shall, under regulations prescribed pursuant to [section 1843(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1843/a&num=0&edition=prelim), specify the time, form and manner in which claims must be filed. (2) The Secretary may not accept any claim that does not meet the filing requirements specified under paragraph (1), and shall give a claimant whose claim is not accepted written notice of the reasons for nonacceptance. Such written notice must be given to the claimant within 30 days after the date on which the claim was filed and if the claimant does not refile an acceptable claim within 30 days after the date of such written notice, the claimant is not eligible for compensation under this subchapter for the damages concerned; except that the Secretary— (A) shall in any case involving a good faith effort by the claimant to meet such filing requirements, or (B) may in any case involving extenuating circumstances, accept a claim that does not meet the 30-day refiling requirement. (3) (A) The Secretary shall make an initial determination with respect to the claim within 60 days after the day on which the claim is accepted for filing. Within 30 days after the day on which the Secretary issues an initial determination on a claim, the claimant, or any other interested person who submitted evidence relating to the initial determination, may petition the Secretary for a review of that determination. (B) If a petition for the review of an initial determination is not filed with the Secretary within the 30-day period provided under subparagraph (A), the initial determination shall thereafter be treated as a final determination by the Secretary on the claim involved. (C) If a petition for review of an initial determination is timely filed under subparagraph (A), the Secretary shall allow the petitioner 30 days after the day on which the petition is received to submit written or oral evidence relating to the initial determination. The Secretary shall then undertake such review and, on the basis of such review, issue a final determination no later than the 60th day after the day on which the Secretary received the petition for review of an initial determination. **(e) Claim preparation fees; attorney’s fees** If the decision of the Secretary under subsection (d) is in favor of the commercial fisherman filing the claim, the Secretary, as a part of the amount awarded, shall include reasonable claim preparation fees and reasonable attorney’s fees, if any, incurred by the claimant in pursuing the claim. **(f) Powers of Secretary** (1) For purposes of any proceeding conducted pursuant to this section, the Secretary shall have the power to administer oaths and subpena the attendance or testimony of witnesses and the production of books, records, and other evidence relative or pertinent to the issues being presented for determination. (2) In any proceeding conducted pursuant to this section with respect to a claim for damages resulting from activities on any area of the Outer Continental Shelf, the Secretary shall consider evidence of obstructions in such area which have been identified pursuant to the survey conducted under section 1847 11 See References in Text note below. of this title. **(g) Place of proceeding** Any proceeding conducted with respect to an initial determination on a claim under subsection (d)(3)(A) shall be conducted within such United States judicial district as may be mutually agreeable to the claimant and the Secretary or, if no agreement can be reached, within the United States judicial district in which the home port of the claimant is located. **(h) Certification and disbursement of award; subrogation of rights; payment of costs of proceedings** (1) The amount awarded in an initial determination by the Secretary under subsection (d) shall be immediately disbursed, subject to the limitations of this section, by the Secretary if the claimant— (A) states in writing that he will not petition for review of the initial determination; and (B) enters into an agreement with the Secretary to repay to the Secretary all or any part of the amount of the award if, after review under subsection (d)(3)(C) or, if applicable, after judicial review, the amount of the award, or any part thereof, is not sustained. (2) Upon payment of a claim by the Secretary pursuant to this subsection, the Secretary shall acquire by subrogation all rights of the claimant against any person found to be responsible for the damages with respect to which such claim was made. Any moneys recovered by the Secretary through subrogation shall be deposited into the Fund. (3) Any person who denies responsibility for damages with respect to which a claim is made and who is subquently 22 So in original. Probably should be “subsequently”. found to be responsible for such damages, and any commercial fisherman who files a claim for damages and who is subsequently found to be responsible for such damages, shall pay the costs of the proceedings under this section with respect to such claim. **(i) Judicial review** Any claimant or other person who suffers a legal wrong or who is adversely affected or aggrieved by a final determination of the Secretary under subsection (d), may, no later than 30 days after such determination is made, seek judicial review of the determination in the United States district court for such United States judicial district as may be mutually agreeable to the parties concerned or, if no agreement can be reached, in the United States district court for the United States judicial district in which is located the home port of the claimant.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1841 — Congressional declaration of purposes

The purposes of this chapter are to— (1) establish policies and procedures for managing the oil and natural gas resources of the Outer Continental Shelf which are intended to result in expedited exploration and development of the Outer Continental Shelf in order to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a favorable balance of payments in world trade; (2) preserve, protect, and develop oil and natural gas resources in the Outer Continental Shelf in a manner which is consistent with the need (A) to make such resources available to meet the Nation’s energy needs as rapidly as possible, (B) to balance orderly energy resource development with protection of the human, marine, and coastal environments, (C) to insure the public a fair and equitable return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition; (3) encourage development of new and improved technology for energy resource production which will eliminate or minimize risk of damage to the human, marine, and coastal environments; (4) provide States, and through States, local governments, which are impacted by Outer Continental Shelf oil and gas exploration, development, and production with comprehensive assistance in order to anticipate and plan for such impact, and thereby to assure adequate protection of the human environment; (5) assure that States, and through States, local governments, have timely access to information regarding activities on the Outer Continental Shelf, and opportunity to review and comment on decisions relating to such activities, in order to anticipate, ameliorate, and plan for the impacts of such activities; (6) assure that States, and through

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1841

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3105

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1980 — Compensation for loss or destruction of commercial fishing vessel or gear

**(a) Definitions** For purposes of this section— (1) The terms “fishery”, “fishery conservation zone”, “fishing”, “fishing vessel”, “Secretary”, and “vessel of the United States” shall each have the same respective meaning as is given to such terms in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim)).11 See References in Text note below. (2) The term “fishing gear” means any equipment or appurtenance which is necessary for the carrying out of fishing operations by a fishing vessel, whether or not such equipment or appurtenance is attached to such vessel. (3) The term “fund” means the Fishing Vessel and Gear Damage Compensation Fund established under subsection (f). (4) The term “resulting economic loss” means the gross income, as estimated by the Secretary, that a fishing vessel owner or operator who is eligible for compensation under this section for damage to, loss of, or destruction of, a fishing vessel or the fishing gear used with such vessel will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the vessel or gear, or both, are repaired or replaced and available for use. **(b) Causes of loss or destruction** Subject to the provisions of this section, the owner or operator (hereinafter referred to as the “vessel owner”) of any fishing vessel which is a vessel of the United States is eligible for monetary compensation under this section for any damage to, loss of, or destruction of such vessel, or any fishing gear used with such vessel, or both, and for any resulting economic loss, if the damage, loss, or destruction— (1) in the case of such vesse

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1980

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1843 — Definitions

As used in this subchapter, the term— (1) “area affected by Outer Continental Shelf activities” means any geographic area: (A) which is under oil or gas lease on the Outer Continental Shelf; (B) where Outer Continental Shelf exploration, development or production activities have been permitted, except geophysical activities; (C) where pipeline rights-of-way have been granted; or (D) otherwise impacted by such activities including but not limited to expired lease areas, relinquished rights-of-way and easements, Outer Continental Shelf supply vessel routes, or other areas as determined by the Secretary; (2) “citizen of the United States” means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State, or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other chief executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth, or naturalization, and which has at least 75 per centum of the interest of 11 So in original. The “of” is probably unnecessary. therein owned by citizens of the United States. Seventy-five per centum of the interest in the corporation shall not be deemed to be owned by citizens of the United States— (A) if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; (B) if 75 per centum of the voting power in such corporation is not vested in citizens of the United States; (C) if through any contract or understanding it is so arranged that more than 25 per centum of the voting power may be exerci

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1843

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1845 — Duties and powers of Secretary

**(a) Prescription and amendment of regulations respecting settlement of claims; identification classification of potential hazards to commercial fishing** In carrying out the provisions of this subchapter, the Secretary shall— (1) prescribe, and from time to time amend, regulations for the filing, processing, and fair and expeditious settlement of claims pursuant to this subchapter, including a time limitation of not less than 90 days on the filing of such claims (except that, notwithstanding any other provision of law, final regulations implementing the 1981 amendments to this subchapter shall be published in the Federal Register within 120 days after the date of the enactment of such amendments); 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 surface. **(b) Establishment of regulations respecting color coding, stamping, or labeling of equipment, tools, etc., used on Outer Continental Shelf** The Secretary of the Interior shall establish regulations requiring 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) Disbursement of payments to compensate commercial fishermen; restrictions** (1) Payments shall be disbursed by the Secretary from the Fund to compensate commercial fishermen for actual and consequential 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 Continen

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1845

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1847 — Repealed. Pub. L. 97–212, § 6(a), June 30,

Page 606 TITLE 43—PUBLIC LANDS § 1846 1 So in original. Probably should be ‘‘determining—’’. review of such decision in the United States court of appeals for the circuit in which the damage occurred, or if such damage occurred outside of any circuit, in the United States court of appeals for the nearest cir- cuit’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–212 applicable with respect to claims for damages filed on or after June 30, 1982, with the Secretary of Commerce under section 1845(a) of this title, with provision for the refiling of pre- viously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under sec- tion 1841 of this title. COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR DAMAGE; APPLICATION Authority to owners or operators of fishing vessels and commercial fishermen failing to make application for compensation within the time limitations of this section or section 1980 of Title 22, Foreign Relations and Intercourse, to make application for compensation within the 60-day period beginning on Dec. 22, 1980, see section 240(a), (b)(1) of Pub. L. 96–561, title II, Dec. 22, 1980, 94 Stat. 3300, set out as a note under section 1980 of Title 22. § 1846. Repealed. Pub. L. 104–66, title I, § 1021(f), Dec. 21, 1995, 109 Stat. 713 Section, Pub. L. 95–372, title IV, § 406, Sept. 18, 1978, 92 Stat. 689, directed Secretary to submit annual reports to Congress setting forth Fishermen’s Contingency Fund damage descriptions and compensation amounts and, in first annual report, to evaluate feasibility of (1) fine or penalty impositions, or (2) bonding require- ments. § 1847. Repealed. Pub. L. 97–212, § 6(a), June 30, 1982, 96 Stat. 147 Section, Pu

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1847

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