Page:United States Statutes at Large Volume 101 Part 1.djvu/106

 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 76 io i- i

Records.

Records.

ten notice of the filing of one or more applications within 30 days or less after receiving written notice of the filing of the first application, then the Administrator shall promptly advise in writing the Administrative Office of the United &?. States Courts that applications have been filed in 2 or more Circuit Courts of Appeals of the United States, and shall identify each court for which he has written notice that such applications have been filed within 30 days or less of receiving written notice of the filing of the first such application. Pursuant to a system of random selection devised for this purpose, the Administrative Office thereupon shall, within 3 business days of receiving such written notice from the Administrator, select the court in which the record shall be filed from among those identified by the Administrator. Upon notification of such selection, the Administrator shall promptly file the record in such court. For the purpose of review of agency action which has previously been remanded to the Administrator, the record shall be filed in the Circuit Court of Appeals of the United States which remanded such action. "(B) ADMINISTRATIVE PROVISIONS.—Where applications have been filed under paragraph (1) of this subsection in two or more Circuit Courts of Appeals of the United States with respect to the same agency action and the record has been filed in one of such courts pursuant to subparagraph (A), the other courts in which such applications have been filed shall promptly transfer such applications to the Circuit Court of Appeals of the United States in which the r'^c^'j.rs*!' record has been filed. Pending selection of a court pursuant to subparagraph (A), any court in which an application has been filed under paragraph (1) of this subsection may post•md' pone the effective date of the agency action until 15 days after the Administrative Office has selected the court in which the record shall be filed. rit "(C) TRANSFERS.—Any court in which an application with respect to any agency action has been filed under paragraph (1) of this subsection, including any court selected ft pursuant to subparagraph (A), may transfer such application to any other Circuit Court of Appeals of the United States for the convenience of the parties or otherwise in the interest of justice. "(4) AWARD OF FEES.—In any judicial proceeding under this subsection, the court may award costs of litigation (including p. reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party whenever it determines that such award is appropriate.". (c) CONFORMING AMENDMENT FOR CITIZEN SUIT ACTIONS.—The

33 USC 1365.

first sentence of section 505(d) is amended by inserting "prevailing or substantially prevailing" before "party". SEC. 506. INDIAN TRIBES.

33 USC 1378.

(4 i

Title V is amended by redesignating section 518, and any references thereto, as section 519 and by inserting after section 517 the following new section:

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