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H.R. 3816Became Law

A bill to improve the operation of the Fishermen's Contingency Fund established to compensate commercial fishermen for damages resulting from oil and gas exploration, development, and production in areas of the Outer Continental Shelf.

(Reported to Senate from Committee on Commerce, Science, and transportation,amended,(without written rept.))

Amends the Outer Continental Shelf Lands Act Amendments of 1978 to define an "area affected by Outer Continental Shelf activities" as a geographic area where exploration, development, or production activities have been permitted.

Specifies the revenues that shall make up the Fishermen's Contingency Fund. Limits: (1) the total amounts that the Fund may collect relating to Outer Continental Shelf pipeline activities to $2,000,000; (2) administrative and personnel expenses to eight percent of the amount in the Fund; and (3) annual payments for any lease, permit, easement, or right-of-way to $5,000.

Lists activities for which such Fund may be used, including administrative expenses and attorney fees.

Exempts geological and geophysical permits, other than pre-lease exploratory drilling permits, from payments and assessments under this Act.

Restricts the compensation payable to commercial fishermen for specified "resulting economic losses" to 25 percent of such losses.

Revises the eligibility of certain claims for payments from such Fund.

Establishes a presumption that damages to a fishing vessel were caused by activities related to oil and gas exploration, development, or production if a claimant establishes certain facts. Extends the time within which related damage reports must be filed.

Revises claims procedure provisions to: (1) require the Secretary to notify a claimant about an improperly filed claim within 30 days, and gives such claimant 30 days after such notice to refile; (2) require the Secretary to make an initial claim determination within 60 days, and gives the claimant 30 days after such determination to petition for review; (3) give the petitioner 30 days to submit written or oral evidence concerning such review, and requires the Secretary to make a final determination within 60 days of receipt of such review petition; (4) include claim preparation fees within an award; (5) move judicial review jurisdiction for these adjudications from the U.S. circuit courts to the U.S. district courts; and (6) reduce the time for seeking judicial review from 60 to 30 days.

Eliminates the two-year Outer Continental Shelf obstruction survey requirement.

Requires that regulations necessary to implement the provisions of this Act be promulgated within 120 days.

Allows claimants who have filed for compensation before the effective date of this Act to refile.

Became Public Law No: 97-212.

Rep. Breaux, John B. [D-LA-7](D-LA)Sponsor
6 cosponsors
2committees1related bills
Jun 23, 198201
(Reported to Senate from Committee on Commerce, Science, and transportation,amended,(without written rept.))

Amends the Outer Continental Shelf Lands Act Amendments of 1978 to define an "area affected by Outer Continental Shelf activities" as a geographic area where exploration, development, or production activities have been permitted.

Specifies the revenues that shall make up the Fishermen's Contingency Fund. Limits: (1) the total amounts that the Fund may collect relating to Outer Continental Shelf pipeline activities to $2,000,000; (2) administrative and personnel expenses to eight percent of the amount in the Fund; and (3) annual payments for any lease, permit, easement, or right-of-way to $5,000.

Lists activities for which such Fund may be used, including administrative expenses and attorney fees.

Exempts geological and geophysical permits, other than pre-lease exploratory drilling permits, from payments and assessments under this Act.

Restricts the compensation payable to commercial fishermen for specified "resulting economic losses" to 25 percent of such losses.

Revises the eligibility of certain claims for payments from such Fund.

Establishes a presumption that damages to a fishing vessel were caused by activities related to oil and gas exploration, development, or production if a claimant establishes certain facts. Extends the time within which related damage reports must be filed.

Revises claims procedure provisions to: (1) require the Secretary to notify a claimant about an improperly filed claim within 30 days, and gives such claimant 30 days after such notice to refile; (2) require the Secretary to make an initial claim determination within 60 days, and gives the claimant 30 days after such determination to petition for review; (3) give the petitioner 30 days to submit written or oral evidence concerning such review, and requires the Secretary to make a final determination within 60 days of receipt of such review petition; (4) include claim preparation fees within an award; (5) move judicial review jurisdiction for these adjudications from the U.S. circuit courts to the U.S. district courts; and (6) reduce the time for seeking judicial review from 60 to 30 days.

Eliminates the two-year Outer Continental Shelf obstruction survey requirement.

Requires that regulations necessary to implement the provisions of this Act be promulgated within 120 days.

Allows claimants who have filed for compensation before the effective date of this Act to refile.

Jun 23, 198235
(Measure passed Senate, amended)

Amends the Outer Continental Shelf Lands Act Amendments of 1978 to define an "area affected by Outer Continental Shelf activities" as a geographic area where exploration, development, or production activities have been permitted.

Specifies the revenues that shall make up the Fishermen's Contingency Fund. Limits: (1) the total amounts that the Fund may collect relating to Outer Continental Shelf pipeline activities to $2,000,000; (2) administrative and personnel expenses to eight percent of the amount in the Fund; and (3) annual payments for any lease, permit, easement, or right-of-way to $5,000.

Lists activities for which such Fund may be used, including administrative expenses and attorney fees.

Exempts geological and geophysical permits, other than pre-lease exploratory drilling permits, from payments and assessments under this Act.

Restricts the compensation payable to commercial fishermen for specified "resulting economic losses" to 25 percent of such losses.

Revises the eligibility of certain claims for payments from such Fund.

Establishes a presumption that damages to a fishing vessel were caused by activities related to oil and gas exploration, development, or production if a claimant establishes certain facts. Extends the time within which related damage reports must be filed.

Revises claims procedure provisions to: (1) require the Secretary to notify a claimant about an improperly filed claim within 30 days, and gives such claimant 30 days after such notice to refile; (2) require the Secretary to make an initial claim determination within 60 days, and gives the claimant 30 days after such determination to petition for review; (3) give the petitioner 30 days to submit written or oral evidence concerning such review, and requires the Secretary to make a final determination within 60 days of receipt of such review petition; (4) include claim preparation fees within an award; (5) move judicial review jurisdiction for these adjudications from the U.S. circuit courts to the U.S. district courts; and (6) reduce the time for seeking judicial review from 60 to 30 days.

Eliminates the two-year Outer Continental Shelf obstruction survey requirement.

Requires that regulations necessary to implement the provisions of this Act be promulgated within 120 days.

Allows claimants who have filed for compensation before the effective date of this Act to refile.

Amends the Fishery Conservation Zone Transition Act to approve extension of specified governing international fishery agreements due to expire July 1, 1982.

Dec 15, 198136
(Measure passed House, amended)

Amends the Outer Continental Shelf Lands Act Amendments of 1978 to define an "area affected by Outer Continental Shelf activities" as a geographic area where exploration, development, or production activities have been permitted.

Specifies the revenues that shall make up the Fishermen's Contingency Fund. Limits certain revenues to a specified sum.

Lists activities for which such Fund may be used, including administrative expenses and attorney fees.

Exempts geological and geophysical permits, other than pre-lease exploratory drilling permits, from payments and assessments under this Act.

Restricts the compensation payable to commercial fishermen for specified "resulting economic losses" to 25 percent of such losses.

Revises the eligibility of certain claims for payments from such Fund.

Establishes a presumption that damages to a fishing vessel were caused by activities related to oil and gas exploration, development, or production if a claimant establishes certain facts. Extends the time within which a report on the location of the material that caused such damage must be filed.

Revises procedures for filing claims under such Act. Declares that judicial review of such adjudication shall be sought in the circuit in which the home port of the claimant is located or within such circuit as may be mutually agreeable to the claimant and the Secretary of Commerce.

Directs the Secretary to conduct a two-year survey of obstructions on the Outer Continental Shelf.

Requires that regulations necessary to implement the provisions of this Act be promulgated within 120 days of the enactment of this Act.

Allows claimants who have filed for compensation before the effective date of this Act to re-file under the provisions of this Act.

Dec 3, 198117
(Reported to House from the Committee on Merchant Marine and Fisheries with amendment, H. Rept.97-354)

Amends the Outer Continental Shelf Lands Act Amendments of 1978 to define an "area affected by Outer Continental Shelf activities" as a geographic area where exploration, development, or production activities have been permitted.

Specifies the revenues that shall make up the Fishermen's Contingency Fund. Limits certain revenues to a specified sum.

Lists activities for which such Fund may be used, including administrative expenses and attorney fees.

Exempts geological and geophysical permits, other than pre-lease exploratory drilling permits, from payments and assessments under this Act.

Increases the funding level of area accounts established by such Act. Revises procedures for replenishing such area accounts.

Restricts the compensation payable to commercial fishermen for specified "resulting economic losses" to 25 percent of such losses.

Revises the eligibility of certain claims for payments from such area accounts.

Establishes a presumption that damages to a fishing vessel were caused by activities related to oil and gas exploration, development, or production if a claimant establishes certain facts. Extends the time within which a report on the location of the material that caused such damage must be filed.

Revises procedures for filing claims under such Act. Declares that judicial review of such adjudication shall be sought in the circuit in which the home port of the claimant is located or within such circuit as may be mutually agreeable to the claimant and the Secretary of Commerce.

Directs the Secretary to conduct a two-year survey of obstructions on the Outer Continental Shelf.

Requires that regulations necessary to implement the provisions of this Act be promulgated within 120 days of the enactment of this Act.

Allows claimants who have filed for compensation before the effective date of this Act to re-file under the provisions of this Act.

Jun 4, 198100

Amends the Outer Continental Shelf Lands Act Amendments of 1978 to specify the revenues that shall make up the Fishermen's Contingency Fund. Limits certain revenues to a specified sum.

Lists activities for which such Fund may be used, including administrative expenses and attorney fees.

Exempts geological and geophysical permits, other than pre-lease exploratory drilling permits, from payments and assessments under this Act.

Increases the funding level of area accounts established by such Act. Revises procedures for replenishing such area accounts.

Restricts the compensation payable to commercial fishermen for specified "resulting economic losses" to 25 percent of such losses.

Revises the eligibility of certain claims for payments from such area accounts.

Establishes a presumption that damages to a fishing vessel were caused by activities related to oil and gas exploration, development, or production if a claimant establishes certain facts. Extends the time within which a report on the location of the material that caused such damage must be filed.

Revises procedures for filing claims under such Act. Refers claims that exceed $25,000 to an administrative law judge for adjudication. Declares that judicial review of such adjudication shall be sought in the circuit in which the home port of the claimant is located or within such circuit as may be mutually agreeable to the claimant and the Secretary of Commerce.

Allows claimants who have filed for compensation before the effective date of this Act to re-file under the provisions of this Act.

A bill to improve the operation of the Fishermen's Contingency Fund established to compens… — Informed