§ 1845. Claims procedure

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “subsequently”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Outer Continental Shelf Lands Act Amendments of 1978

   Pub. L. 95–372 title IV § 405 · 92 Stat. 629

   Enacted · 43 U.S.C. § 1845

   Pub. L. 95–372, title IV, § 405, Sept. 18, 1978, 92 Stat. 688

   Source evidence

   Code source credit
   Pub. L. 95–372, title IV, § 405, Sept. 18, 1978, 92 Stat. 688

   Enacted provision · exact public law section
   Sec. 405. claim procedures and subrogation of rights (a) Any commercial fisherman suffering damages 43 USC 1845. compensable under this title may file a claim for compensation with the Secretary, except that no such claim may be filed more than 60 days after the date of discovery of the damages with respect to which such claim is made. (b) Upon receipt of any claim under this section, the Secretary shall— (1) transmit a copy of the claim to the Secretary of the Interior; and (2) refer such matter to a hearing examiner appointed under section 3105 of title 5, United States Code. (c) 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 Hearing. contractors or subcontractors, may submit evidence at any hearing conducted with respect to such claim. (d) The hearing examiner shall, within 120 days after such matter is referred to him by the Secretary, adjudicate the case and render a decision in accordance with section 554 of title 5, United States Code. (e) If the decision of the hearing examiner is in favor of the commercial fisherman filing the claim, such hearing examiner shall include, as part of the amount certified to the Secretary under subsection (h)(1) of this section, reasonable attorneys’ fees incurred by such commercial fisherman in pursuing such claim. (f) (1) For purposes of any hearing conducted pursuant to this section, the hearing examiner 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 hearing conducted pursuant to this section with respect to a claim for damages resulting from activities on any area of the Outer Continental Shelf, the hearing examiner shall consider evidence of obstructions in such area which have been identified pursuant to the survey conducted under section 407 of this title. (g) A hearing conducted under this section shall be conducted within the United States judicial district within which the matter giving rise to the claim occurred, or, if such matter occurred within two or more districts, in any of the affected districts, or, if such matter occurred outside of any district, in the nearest district. (h) (1) Upon a decision by the hearing examiner and in the absence of a request for judicial review, any amount to be paid, subject to the limitations of this section, shall be certified to the Secretary, who shall promptly disburse the award. Such decision shall not be reviewable by the Secretary. (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. (3) Any person who denies responsibility for damages with respect to which a claim is made and who is 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) Any person who suffers legal wrong or who is adversely affected Judicial review. or aggrieved by the decision of a hearing examiner under this section may, no later than 60 days after such decision is made, seek judicial 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 circuit.

2. 1982

   Pub. L. 97–212 § 5(1) · 96 Stat. 143

   1. Struck · 43 U.S.C. § 1845(b)

      Pub. L. 97–212, § 5(1), struck out pars. (1) and (2) designations

   2. Substituted · 43 U.S.C. § 1845(b)

      Pub. L. 97–212, § 5(1), substituted “shall take such further action regarding the claim that is required under subsection (d)” for “refer such matter to a hearing examiner appointed under section 3105 of title 5”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–212, § 5(1), struck out pars. (1) and (2) designations, and substituted “shall take such further action regarding the claim that is required under subsection (d)” for “refer such matter to a hearing examiner appointed under section 3105 of title 5”.

   Enacted provision · exact public law section
   (1) Subsection (b) is amended to read as follows: “(b) 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).”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

3. 1982

   Pub. L. 97–212 § 5(2) · 96 Stat. 143

   Substituted · 43 U.S.C. § 1845(c)

   Pub. L. 97–212, § 5(2), substituted “proceeding” for “hearing”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–212, § 5(2), substituted “proceeding” for “hearing”.

   Enacted provision · exact public law section
   (2) Subsection (c) is amended by striking out “hearing” and inserting in lieu thereof “proceeding”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

4. 1982

   Pub. L. 97–212 § 5(3) · 96 Stat. 143

   Substituted · 43 U.S.C. § 1845(d)

   Pub. L. 97–212, § 5(3), substituted provisions relating to the filing of claims with the Secretary of the Interior in order to be eligible for compensation under this subchapter, the time for such filing, the time in which the Secretary must make his initial determination with respect to the claim, and the submission of evidence by the petitioner when reviewing an initial determination by the Secretary, for provisions relating to the time in which a hearing examiner has to render a decision

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–212, § 5(3), substituted provisions relating to the filing of claims with the Secretary of the Interior in order to be eligible for compensation under this subchapter, the time for such filing, the time in which the Secretary must make his initial determination with respect to the claim, and the submission of evidence by the petitioner when reviewing an initial determination by the Secretary, for provisions relating to the time in which a hearing examiner has to render a decision.

   Enacted provision · exact public law section
   (3) Subsection (d) is amended to read as follows: “(d) (1) The Secretary shall, under regulations prescribed pursuant to section 408(a), specify the form and manner in which claims must 43 USC 1843. be filed. “(2) The Secretary may not accept any claim that does not meet Nonacceptance, written notice. 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 title 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 Determination review. 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.”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

5. 1982

   Pub. L. 97–212 § 5(4) · 96 Stat. 143

   Substituted · 43 U.S.C. § 1845(e)

   Pub. L. 97–212, § 5(4), substituted provisions that if the decision of the Secretary is in favor of the commercial fisherman filing the claim, the Secretary shall award to such claimant reasonable attorney’s fees and claim preparation fees incurred by claimant in pursuing such claim for provisions that upon a decision in favor of the claimant fisherman, the hearing examiner include in the award reasonable attorney’s fees incurred by the claimant in pursuing such claim

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–212, § 5(4), substituted provisions that if the decision of the Secretary is in favor of the commercial fisherman filing the claim, the Secretary shall award to such claimant reasonable attorney’s fees and claim preparation fees incurred by claimant in pursuing such claim for provisions that upon a decision in favor of the claimant fisherman, the hearing examiner include in the award reasonable attorney’s fees incurred by the claimant in pursuing such claim.

   Enacted provision · exact public law section
   (4) Subsection (e) is amended to read as follows: “(e) 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.”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

6. 1982

   Pub. L. 97–212 § 5(5) · 96 Stat. 143

   1. Substituted · 43 U.S.C. § 1845(f)

      Pub. L. 97–212, § 5(5), substituted “the Secretary” for “hearing examiner” as the probable intent of Congress, to avoid repeating the article “the” before “Secretary” in two places

   2. Substituted · 43 U.S.C. § 1845(f)

      Pub. L. 97–212, § 5(5), substituted “proceeding” for “hearing” as the probable intent of Congress, to avoid repeating the article “the” before “Secretary” in two places

   3. Substituted · 43 U.S.C. § 1845(f)

      Pub. L. 97–212, § 5(5), substituted “the Secretary” for “the hearing examiner” as the probable intent of Congress, to avoid repeating the article “the” before “Secretary” in two places

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 97–212, § 5(5), substituted “the Secretary” for “hearing examiner” and “proceeding” for “hearing” wherever appearing. The amendment which directed the substitution of “the Secretary” for “hearing examiner” was executed by substituting “the Secretary” for “the hearing examiner”, as the probable intent of Congress, to avoid repeating the article “the” before “Secretary” in two places.

   Enacted provision · exact public law section
   (5) Subsection (f) is amended by striking out “hearing examiner” each place it appears therein and inserting in lieu thereof “the Secretary”, and by striking out “hearing” each place it appears therein and inserting in lieu thereof “proceeding”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

7. 1982

   Pub. L. 97–212 § 5(6) · 96 Stat. 143

   Substituted · 43 U.S.C. § 1845(g)

   Pub. L. 97–212, § 5(6), substituted “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” for “A hearing conducted under this section shall be conducted within the United States judicial district within which the matter giving rise to the claim occurred, or, if such matter occurred within two or more districts, in any of the affected districts, or, if such matter occurred outside of any district, in the nearest district”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 97–212, § 5(6), substituted “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” for “A hearing conducted under this section shall be conducted within the United States judicial district within which the matter giving rise to the claim occurred, or, if such matter occurred within two or more districts, in any of the affected districts, or, if such matter occurred outside of any district, in the nearest district”.

   Enacted provision · exact public law section
   (6) Subsection (g) is amended to read as follows: “(g) 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.”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

8. 1982

   Pub. L. 97–212 § 5(7)(A) · 96 Stat. 143

   Substituted · 43 U.S.C. § 1845(h)(1)

   Pub. L. 97–212, § 5(7)(A), substituted provisions that the amount awarded in an initial determination by the Secretary under subsec. (d) be immediately disbursed by the Secretary if the claimant states in writing that he will not petition for review of the initial determination and he enters into an agreement with the Secretary to repay to the Secretary all or any part of the award that is not sustained upon later judicial review for provisions that upon a decision of the hearing examiner and in absence of judicial review, any amount to be paid would be certified to the Secretary who would promptly disburse the award and that such decision of the hearing examiner was not reviewable by the Secretary

   Source evidence

   Code amendment note
   Subsec. (h)(1). Pub. L. 97–212, § 5(7)(A), substituted provisions that the amount awarded in an initial determination by the Secretary under subsec. (d) be immediately disbursed by the Secretary if the claimant states in writing that he will not petition for review of the initial determination and he enters into an agreement with the Secretary to repay to the Secretary all or any part of the award that is not sustained upon later judicial review for provisions that upon a decision of the hearing examiner and in absence of judicial review, any amount to be paid would be certified to the Secretary who would promptly disburse the award and that such decision of the hearing examiner was not reviewable by the Secretary.

   Enacted provision · exact public law section
   (A) by amending paragraph (1) to read as follows: “(h) (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.”;

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

9. 1982

   Pub. L. 97–212 § 5(7)(B) · 96 Stat. 143

   Inserted · 43 U.S.C. § 1845(h)(2)

   Pub. L. 97–212, § 5(7)(B), inserted provision that any moneys recovered by the Secretary through subrogation shall be deposited into the Fund

   Source evidence

   Code amendment note
   Subsec. (h)(2). Pub. L. 97–212, § 5(7)(B), inserted provision that any moneys recovered by the Secretary through subrogation shall be deposited into the Fund.

   Enacted provision · exact public law section
   (B) by adding at the end of paragraph (2) the following new sentence: “Any moneys recovered by the Secretary through subrogation shall be deposited into the Fund.”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

10. 1982

    Pub. L. 97–212 § 5(8) · 96 Stat. 143

    Substituted · 43 U.S.C. § 1845(i)

    Pub. L. 97–212, § 5(8), substituted “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” for “Any person who suffers legal wrong or who is adversely affected or aggrieved by the decision of a hearing examiner under this section may, no later than 60 days after such decision is made, seek judicial 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 circuit”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 97–212, § 5(8), substituted “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” for “Any person who suffers legal wrong or who is adversely affected or aggrieved by the decision of a hearing examiner under this section may, no later than 60 days after such decision is made, seek judicial 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 circuit”.

    Enacted provision · exact public law section
    (8) Subsection (i) is amended to read as follows: “(i) Any claimant or other person who suffers a legal wrong or Judicial review. 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.”.

    Effective date note
    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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

11. 1984

    Pub. L. 98–498 § 420(3) · 98 Stat. 2296

    Substituted · 43 U.S.C. § 1845(a)

    Pub. L. 98–498, § 420(3), substituted “under subsection (d)(1)” for “, except that no such claim may be filed more than 60 days after the date of discovery of the damages with respect to which such claim is made”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–498, § 420(3), substituted “under subsection (d)(1)” for “, except that no such claim may be filed more than 60 days after the date of discovery of the damages with respect to which such claim is made”.

    Enacted provision · exact public law section
    (3) by striking out “, except” and all that follows thereafter in 43 USC 1845. section 405(a) and inserting in lieu thereof “under subsection (d)(1).”; and

12. 1984

    Pub. L. 98–498 § 420(4) · 98 Stat. 2296

    Inserted · 43 U.S.C. § 1845(d)(1)

    Pub. L. 98–498, § 420(4), inserted “time,” before “form”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 98–498, § 420(4), inserted “time,” before “form”.

    Enacted provision · exact public law section
    (4) by inserting “time,” before “form” in section 405(d)(1).

15 of 15 references resolved to an enrolled provision