Albert J. Hoehn v. Honorable Raymond J. Donovan, Secretary of Labor, United States Department of Labor

Circuit Judge:

Title II of the Redwood National Park Expansion Act of 1978, Pub.L. No. 95-250, §§ 201-213, 92 Stat. 163 , 172-82 (1978), provides economic benefits for certain forest industry workers whose jobs are lost because of the 1978 expansion of the Redwood National Park. Petitioner applied for benefits under Title II after being laid off by Gene’s Machine Works (GMW), a machine shop that makes and repairs parts for sawmills in the area. Petitioner’s application was ultimately denied by the Secretary of Labor (Secretary). Our jurisdiction exists under' 16 U.S.C. § 791 (h). The petition for review of the Secretary’s decision is denied.

I.

ANALYSIS

Title II provides benefits to employees who are laid off by an “affected employer.” § 201(11). The Secretary denied petitioner’s application on the ground that his employer, GMW, is not an “affected employer” as that term is defined in the Act. Ordinarily, this interpretation of the statute by the agency charged with its administration would be entitled to considerable deference. Udall v. Tallman, 380 U.S. 1, 16 , 85 S.Ct. 792, 801 , 13 L.Ed.2d 616 (1965). The Redwood Act, however, modifies our standard of review. See Lanning…