A bill to improve the operation of the Fishermen's Contingency Fund established to compensate commercial fishermen for damages resulting from oil and gas exploration, development, and production in areas of the Outer Continental Shelf.
PL 97-212 (H.R.3816), enacted 06/30/1982

PUBLIC LAW 97-212—JUNE 30, 1982 
96 STAT. 143 
Public Law 97-212 
97th Congress 
An Act 
To improve the operation of the Fishermen's Contingency Fund established to 
compensate commercial fishermen for damages resulting from oil and gas explora-
tion, development, and production in areas of the Outer Continental Shelf. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
Section 401 of the Outer Continental Shelf Lands Act Amend-
ments of 1978 (43 U.S.C. 1841) is amended as follows: 
(1) renumber paragraphs (1) through (7) as paragraphs (2) 
through (8); and 
(2) insert immediately before paragraph (2), as renumbered, 
the following: 
"(1) 'area affected by Outer Continental Shelf activities' 
means any geographic area: 
"(A) which is under oil or gas lease on the Outer Conti-
nental Shelf; 
"(B) where Outer Continental Shelf exploration, develop-
ment or production activities have been permitted, except 
geophysical activities; 
"(C) where pipeline rights-of-way have been granted; or 
"(D) otherwise impacted by such activities including but 
not limited to expired lease areas, relinquished rights-of-
way and easements, Outer Continental Shelf supply vessel 
routes, or other areas as determined by the Secretary;". 
SECTION 2. ESTABLISHMENT AND OPERATION OF FUND. 
Section 402 of the Outer Continental Shelf Lands Act Amend-
ments of 1978 (43 U.S.C. 1842) is amended to read as follows: 
June 30, 1982 
[H.R. 3816] 
Fishermen's 
Contingency 
Fund, improve-
ment. 
ESTABLISHMENT OF FISHERMEN S CONTINGENCY FUND; FEE 
COLLECTION 
"SEC 402. (a)(1) There is established in the Treasury of the United 
States a Fishermen's Contingency Fund. The Fund shall be avail-
able to the Secretary without fiscal year limitations as a revolving 
fund for the purpose of making payments pursuant to this section. 
The Fund shall consist of— 
, 
"(A) revenues received from investments made under para-
graph (3); 
"(B) amounts collected under subsection (b); and 
"(C) amounts recovered by the Secretary under section 
405(h)(2). 
The total amount in the Fund that is collected under subsection (b) 
may at no time exceed $2,000,000; and the total amount in the Fund 
which is attributable to revenue received under paragraph (3) or 
recovered by the Secretary under section 405(hX2) shall be expended 
prior to amounts collected under subsection (b). Not more than 8 
Post, p. 145. 
96 STAT. 144 
PUBLIC LAW 97-212—JUNE 30, 1982 
percent of the total amount in the Fund may be expended in any 
fiscal year for paying the administrative and personnel expenses 
referred to in paragraph (2)(A). 
"(2) The Fund shall be available, as provided for in appropriation 
Acts solely for the payment o
f
— 
"(A) the personnel and administrative expenses incurred in 
carrying out this title; 
"(B) any claim, in accordance with procedures established 
under this section, for damages that are compensable under this 
title; and 
Post, p. 145. 
"(C) attorney and other fees awarded under section 405(e) 
with respect to any such claim. 
"(3) Sums in the Fund that are not currently needed for the 
purposes of the Fund shall be kept on deposit in appropriate inter-
est-bearing accounts that shall be established by the Secretary of the 
Treasury or invested in obligations of, or guaranteed by, the United 
States. Any revenue accruing from such deposits and investments 
shall be deposited into the Fund. 
"(4) The Fund may sue and be sued in its own name. All litigation 
by or against the Fund shall be referred to the Attorney General. 
"(b)(1) Except as provided in paragraph (2), each holder of a lease 
that is issued or maintained under the Outer Continental Shelf 
Lands Act and each holder of an exploration permit, or an easement 
or right-of-way for the construction of a pipeline in any area of the 
Outer Continental Shelf, shall pay an amount specified by the 
Secretary. The Secretary of the Interior shall collect such amount 
and deposit it into the Fund. In any calendar year, no holder of a 
lease, permit, easement, or right-of-way shall be required to pay an 
amount in excess of $5,000 per lease, permit, easement, or right-of-
way. 
"(2) Payments may not be required under paragraph (1) by the 
Secretary of the Interior with respect to geological permits and 
geophysical permits, other than prelease exploratory drilling per-
mits issued under section 11 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1340).". 
SEC. 3. ADMINISTRATION OF CLAIMS. 
Section 403(c) of such amendments of 1978 (43 U.S.C. 1843(c)) is 
amended as follows: 
(1) Paragraph (1) is amended to read as follows: 
"(c)(1) Payments shall be disbursed by the Secretary from the 
Fund to compensate commercial fishermen for actual and conse-
• quential damages, including resulting economic loss, due to damages 
to, or loss of, fishing gear by materials, equipment, tools, containers, 
or other items associated with Outer Continental Shelf oil and gas 
exploration, development, or production activities. The compensa-
tion payable under this section for resulting economic loss shall be 
an amount equal to 25 per centum of such loss. For purposes of this 
"Resulting 
subsection, the term 'resulting economic loss' means the gross 
economic loss." 
income, as estimated by the Secretary, that a commercial fisherman 
who is eligible for compensation under this section will lose by 
reason of not being able to engage in fishing, or having to reduce his 
fishing effort, during the period before the damaged or lost fishing 
gear concerned is repaired or replaced and available for use.'. 
(2) Paragraph (2) is amended— 
(A) by striking out "any area account established under 
this title—" and inserting in lieu thereof "the Fund—", 
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 subpara-
graph (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, develop-
ment, 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: 
"(dXl) The Secretary shall, under regulations prescribed pursuant 
to section 403(a), specify the form and manner in which claims must 43 use 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 claim-
ant 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 
96 STAT. 146 
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. 
Determination 
"(3XA) The Secretary shall make an initial determination with 
review. 
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 peti-
tioner 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 prepara-
tion 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 exam-
iner" 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 determi-
nation 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: 
"(hXD The amount awarded in an initial determination by the 
Secretary under subsection (d) shall be immediately disbursed, sub-
ject 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: 
PUBLIC LAW 97-212—JUNE 30, 1982 
96 STAT. 147 
"(i) Any claimant or other person who suffers a legal wrong or 
who is adversely affected or aggrieved by a final determination of 
the Secretary under subsection (d), may, no later than 30 days after 
such determination is made, seek judicial review of the determina-
tion in the United States district court for such United States 
judicial district as may be mutually agreeable to the parties con-
cerned or, if no agreement can be reached, in the United States 
district court for the United States judicial district in which is 
located the home port of the claimant.". 
SEC. 6. SURVEY OF OBSTRUCTIONS. 
(a) Section 407 of the Outer Continental Shelf Lands Act Amend-
ments of 1978 (43 U.S.C. 1847) is repealed. 
(b) The table of contents of the Outer Continental Shelf Lands Act 
Amendments of 1978 is amended by striking: 
"1847. Survey of obstructions on the Outer Continental Shelf.". 
SEC. 7. REGULATIONS IMPLEMENTING THIS ACT. 
Section 403(a)(1) of the Outer Continental Shelf Lands Act Amend-
ments of 1978 (43 U.S.C. 1843(a)(1)) is amended by striking out 
"claims; and" and inserting in lieu thereof "claims (except that, 
notwithstanding any other provision of law, final regulations imple-
menting the 1981 amendments to this title shall be published in the 
Federal Register within 120 days after the date of the enactment of 
such amendments); and". 
SEC. 8. TECHNICAL AMENDMENT. 
Section 401(3)(B) of the Outer Continental Shelf Lands Act 
Amendments of 1978 (43 U.S.C. 1841(3)(B)) is amended by striking 
out "at sea". 
SEC. 9. EFFECTIVE DATE. 
(a) Except as provided for in subsection (b), the amendments made 
by this Act shall apply with respect to claims for damages that are 
filed, on or after the date of the enactment of this Act, with the 
Secretary of Commerce under section 405(a) of the Outer Continen-
tal Shelf Lands Act Amendments of 1978. 
(b)(1) Any commercial fisherman who filed a claim with the 
Secretary of Commerce for compensation under title IV of such 
amendments of 1978 before the date of the enactment of this Act 
may, if no decision on such claim was rendered under section 405(d) 
of such title IV before such date of enactment, refile such claim with 
the Secretary if the claimant notifies the Secretary in writing 
within thirty days after notification under paragraph (2) of his 
eligibility to refile the claim that he intends to so refile. If timely 
notification of intent to refile is made under the preceding sentence, 
any action pending with respect to the original claim shall be 
suspended pending the refiling of the claim under paragraph (2) 
and, if such refiling is timely made, such action shall be vacated. 
(2) The Secretary shall notify each claimant eligible to refile a 
claim under paragraph (1) of such eligibility within 10 days after the 
date of enactment of this Act. 
(3) A claim for which notification on intent to refile was timely 
made under paragraph (1) must be refiled with the Secretary within 
the thirty-day period after the date on which the regulations pro-
mulgated to implement the amendments made by this Act become 
Judicial 
review. 
Repeal. 
Publication 
in Federal 
Register. 
43 use 1841 
note. 
43 use 1845. 
43 use 1841. 
Ante, p. 145. 
96 STAT. 148 
PUBLIC LAW 97-212—JUNE 30, 1982 
final or action shall be resumed with respect to such claim without 
regard to the amendments made by this Act. 
(4) The amendments made by this Act shall apply with respect to 
any claim that is refiled on a timely basis under paragraph (3). 
SEC. 10. GOVERNING INTERNATIONAL FISHERY AGREEMENTS. 
(a) Section 2 of the Fishery Conservation Zone Transition Act (16 
U.S.C. 1823 note) is amended— 
(1) by inserting "(a)" immediately before "Notwithstanding"; 
and 
(2) by adding at the end thereof the following new subsection: 
16 use 1823. 
"(b) Notwithstanding such section 203— 
"(1) the governing international fishery agreement referred to 
in subsection (a)(5), as extended until July 1, 1983 pursuant to 
the Diplomatic Notes referred to in the message to the Congress 
from the President of the United States dated May 11, 1982, is 
hereby approved by the Congress as a governing international 
fishery agreement for the purposes of such Act of 1976; 
"(2) the governing international fishery agreement between 
the American Institute in Taiwan and the Coordination Council 
for North American Affairs, as contained in the message to the 
House of Representatives and the Senate from the Secretary of 
State dated June 15, 1982, is hereby approved by the Congress 
as a governing international fishery agreement for the purposes 
of the Act of 1976; and 
"(3) the governing international fishery agreement referred to 
in subsection (aX6), as extended until July 1, 1983 pursuant to 
the Diplomatic Notes referred to in the message to the Congress 
from the President of the United States dated June 21, 1982, is 
hereby approved by the Congress as a governing international 
fishery agreement for the purposes of such Act of 1976. 
Each such governing international fishery agreement shall enter 
into force and effect with respect to the United States on July 1, 
1982.". 
16 use 1823 
(b) Notwithstanding any provision of the Act entitled "An Act for 
^°^- 
the conservation and management of the fisheries, and for other 
purposes", dated April 13, 1976 (16 U.S.C. 1801 et seq.), the govern-
ing international fishery agreements referred to in section 2(a) (9) 
16 use 1823 
and (10) of the Fishery Conservation Zone Transition Act shall be 
^°^^- 
extended, and shall be in force and effect with respect to the United 
States, for the period of time ending on— 
PUBLIC LAW 97-212—JUNE 30, 1982 
96 STAT. 149 
(1) the deadline for completion of Congressional review, pur-
suant to section 203(a) of such 1976 Act, of any new governing 16 USC 1823. 
international fishery agreement signed, on or before July 31, 
1982, by the United States and the respective foreign govern-
ment that is a party to the agreement in question; or 
(2) July 31, 1982, if the United States and the respective 
foreign government that is a party to the agreement in question 
fail to sign a new governing international fishery agreement on 
or before that date. 
Approved June 30, 1982. 
LEGISLATIVE HISTORY H.R. 3816: 
HOUSE REPORT No. 97-354 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): Dec. 15, considered and passed House. 
Vol. 128 (1982): June 23, considered and passed Senate, amended. 
June 24, House concurred in Senate amendments with an amendment. 
June 29, Senate concurred in House amendments.