§2713 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Claims for oil removal costs or damage must first be sent to the party responsible for the spill or that party’s guarantor. You may instead send a claim straight to the Fund if the President has given notice under section 2714(c), if a responsible party who can make a claim under section 2708 does so, if a State Governor files for the State’s removal costs, or if a U.S. claimant is harmed by a discharge from a foreign offshore unit for which the Fund is liable under section 2712(a). A claim to the Fund cannot be approved while the claimant is suing in court for the same costs. If you first present the claim to the responsible party and every responsible person denies responsibility, or no one pays within 90 days after the claim was presented or after advertising began under section 2714(b) (whichever is later), you may take the unpaid part of the claim to the Fund. If you already got a short or partial payment but still have unpaid damages or removal costs, you may present those unpaid amounts to the Fund. The President must create and may update rules for filing, handling, and deciding these claims.

Title 33, §2713

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under section 2714(a) of this title.

(b)(1)Claims for removal costs or damages may be presented first to the Fund—

(A)if the President has advertised or otherwise notified claimants in accordance with section 2714(c) of this title;

(B)by a responsible party who may assert a claim under section 2708 of this title;

(C)by the Governor of a State for removal costs incurred by that State; or

(D)by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 2712(a) of this title.

(2)No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim.

(c)If a claim is presented in accordance with subsection (a) and—

(1)each person to whom the claim is presented denies all liability for the claim, or

(2)the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to section 2714(b) of this title, whichever is later,

(d)If a claim is presented in accordance with this section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, and full and adequate compensation is unavailable, a claim for the uncompensated damages and removal costs may be presented to the Fund.

(e)The President shall promulgate, and may from time to time amend, regulations for the presentation, filing, processing, settlement, and adjudication of claims under this Act against the Fund.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (e), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2701 of this title and Tables.

Amendments

2021—Subsec. (f). Pub. L. 116–283 struck out subsec. (f) which related to loan program to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure. 2004—Subsec. (f). Pub. L. 108–293 added subsec.(f). 1996—Subsec. (d). Pub. L. 104–324 substituted “section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled,” for “section”.

Executive Documents

Delegation of Functions Functions of President under subsec. (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(c)(2) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54767, set out as a note under section 1321 of this title.

§2713 Claims Procedure