Page:United States Statutes at Large Volume 96 Part 1.djvu/188

 96 STAT. 146

Determination review.

PUBLIC LAW 97-212—JUNE 30, 1982 "(B) may in any case involving extenuating circumstances, accept a claim that does not meet the 30-day refiling requirement. "(3)(A) The Secretary shall make an initial determination with respect to the claim within 60 days after the day on which the claim is accepted for filing. Within 30 days after the day on which the Secretary issues an initial determination on a claim, the claimant, or any other interested person who submitted evidence relating to the initial determination, may petition the Secretary for a review of that determination. "(B) If a petition for the review of an initial determination is not filed with the Secretary within the 30-day period provided under subparagraph (A), the initial determination shall thereafter be treated as a final determination by the Secretary on the claim involved. "(C) If a petition for review of an initial determination is timely filed under subparagraph (A), the Secretary shall allow the petitioner 30 days after the day on which the petition is received to submit written or oral evidence relating to the initial determination. The Secretary shall then undertake such review and, on the basis of such review, issue a final determination no later than the 60th day after the day on which the Secretary received the petition for review of an initial determination.". (4) Subsection (e) is amended to read as follows: "(e) If the decision of the Secretary under subsection (d) is in favor of the commercial fisherman filing the claim, the Secretary, as a part of the amount awarded, shall include reasonable claim preparation fees and reasonable attorney's fees, if any, incurred by the claimant in pursuing the claim.". (5) Subsection (f) is amended by striking out "hearing examiner" each place it appears therein and inserting in lieu thereof "the Secretary", and by striking out "hearing^' each place it appears therein and inserting in lieu thereof "proceeding". (6) Subsection (g) is amended to read as follows: "(g) Any proceeding conducted with respect to an initial determination on a claim under subsection (d)(3)(A) shall be conducted within such United States judicial district as may be mutually agreeable to the claimant and the Secretary or, if no agreement can be reached, within the United States judicial district in which the home port of the claimant is located.". (7) Subsection (h) is amended— (A) by amending paragraph (1) to read as follows: "(h)(1) The amount awarded in an initial determination by the Secretary under subsection (d) shall be immediately disbursed, subject to the limitations of this section, by the Secretary if the claimant— "(A) states in writing that he will not petition for review of the initial determination; and "(B) enters into an agreement with the Secretary to repay to the Secretary all or any part of the amount of the award if, after review under subsection (d)(3)(C) or, if applicable, after judicial review, the amount of the award, or any part thereof, is not sustained."; and (B) paragraph (2) is amended by adding at the end thereof the following new sentence: "Any moneys recovered by the Secretary through subrogation shall be deposited into the Fund.". (8) Subsection (i) is amended to read as follows:

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