H.R.3816 - 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.97th Congress (1981-1982)
|Sponsor:||Rep. Breaux, John B. [D-LA-7] (Introduced 06/04/1981)|
|Committees:||House - Merchant Marine and Fisheries | Senate - Commerce, Science, and Transportation|
|Committee Reports:||H.Rept 97-354|
|Latest Action:||06/30/1982 Became Public Law No: 97-212. (All Actions)|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.3816 — 97th Congress (1981-1982)All Information (Except Text)
(Measure passed Senate, amended)
Passed Senate amended (06/23/1982)
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.