Page:United States Statutes at Large Volume 96 Part 1.djvu/187

 PUBLIC LAW 97-212—JUNE 30, 1982

96 STAT. 145

(B) by striking out subparagraphs (A) and (E), (C) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively, (D) by inserting "and" after the semicolon in subparagraph (C) (as so redesignated), (E) by redesignating subparagraph (F) as subparagraph (D),and (F) by striking out "or will receive" in subparagraph (D) (as so redesignated) and inserting in lieu thereof received, or will receive,". SEC. 4. BURDEN OF PROOF.

Section 404 of such amendments of 1978 (43 U.S.C. 1844) is amended— (1) by amending the matter appearing before paragraph (1) to read as follows: With respect to any claim for damages filed under this title, there shall be a presumption that such damages were due to activities related to oil and gas exploration, development, or production if the claimant establishes that—"; (2) by striking out "five days after the date on which such damages were discovered;" in paragraph (2) and inserting in lieu thereof "fifteen days after the date on which the vessel first returns to a port after discovering such damages;"; and (3) by amending paragraph (3) to read as follows: "there was no record on the latest nautical charts or Notice to Mariners in effect at least 15 days prior to the date such damages were sustained that such material, equipment, tool, container, or other item existed where such damages occurred, except that in the case of damages caused by a pipeline, the presumption established by this section shall obtain whether or not there was any such record of the pipeline on the damage date; and". SEC. 5. CLAIMS PROCEDURE.

Section 405 of such amendments of 1978 (43 U.S.C. 1845) is amended as follows: (1) Subsection (b) is amended to read as follows: "(b) Upon receipt of any claim under this section, the Secretary shall transmit a copy of the claim to the Secretary of the Interior and shall take such further action regarding the claim that is required under subsection (d).". (2) Subsection (c) is amended by striking out "hearing" and inserting in lieu thereof "proceeding". (3) Subsection (d) is amended to read as follows: "(d)(l) The Secretary shall, under regulations prescribed pursuant to section 403(a), specify the form and manner in which claims must 43 USC 1843. be filed. "(2) The Secretary may not accept any claim that does not meet Nonacceptance, the filing requirements specified under paragraph (1), and shall give written notice. a claimant whose claim is not accepted written notice of the reasons for nonacceptance. Such written notice must be given to the claimant within 30 days after the date on which the claim was filed and if the claimant does not refile an acceptable claim within 30 days after the date of such written notice, the claimant is not eligible for compensation under this title for the damages concerned; except that the Secretary— "(A) shall in any case involving a good faith effort by the claimant to meet such filing requirements, or

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