Page:United States Statutes at Large Volume 91.djvu/623

 PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 589

(2) For the purposes of this subsection— Definitions. (A) the term ''unit of local government" means a county, municipality, town, township, village, or other unit of general government below the State level; and (B) the term "geographic area within a State" means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government, (3) Nothing in this subsection shall be construed as requiring a hearing or an oral presentation of views where none is required by this section or other provision of law. (g) Where authorized by any law vested, transferred, or delegated pursuant to this Act, the Secretary may, by rule, prescribe procedures for State or local government agencies authorized by the Secretary to carry out such functions as may be permitted under applicable law. Such procedures shall apply to such agencies in lieu of this section, Notice, and shall require that prior to taking any action, such agencies shall take steps reasonably calculated to provide notice to persons who may be affected by the action, and shall afford an opportunity for presentation of views (including oral presentation of views where practicable) within a reasonable time before taking the action.

JUDICIAL REVIEW

SEC. 502. (a) Judicial review of agency action taken under any law 42 USC 7192. the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission or any officer, employee, or component of the Department shall, notwithstanding such vesting, transfer, or delegation, be made in the manner specified in or for such law. (b) Notwithstanding the amount in controversy, the district courts Jurisdiction. of the United States shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this Act, or under rules, regulations, or orders issued exclusively thereunder, other than any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this Act, except that nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this Act or the validity of action taken by any agency under this Act). If in any such proceeding an Removal. issue by way of defense is raised based on the unconstitutionality of this Act or the validity of agency action under this Act, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28, United States Code. Cases or controversies arising under any 28 USC 1441. rule, refrulation, or order of any officer of a State or local government agency may be heard in either (A) any appropriate State court, or (B) without regard to the amount in controversy, the district courts of the United States. (c) Subject to the provisions of section 401(i) of this Act, and not- Litigation, withstanding any other law, the litigation of the Department shall supervision by be subject to the supervision of the Attorney General pursuant to Attorney chapter 31 of title 28, United States Code. The Attorney General may General. 28 authorize any attorney of the Department to conduct any civil litiga- seq,u s e 501 et tion of the Department in any Federal court except the Supreme Court.

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