Page:United States Statutes at Large Volume 92 Part 1.djvu/743

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 689

(d) The heaidng 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 oibstructions 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. Sndh 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 subquently 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 he-aring 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. A N N U A L REPORT

SEC. 406. (a) The Secretary shall submit an annual report to the 43 USC 1846. Congress which shall set forth— (1) a description of the types of damages set forth in claims filed, with the Secretary during the previous year for compensation from the Fund; (2) the amount of compensation awarded to claimants during the previous year; and (3) the number of cases during the previous year in which damages were determined to be the responsibility of a lessee or

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