Title 33 › CHAPTER 40 — OIL POLLUTION › SUBCHAPTER I — OIL POLLUTION LIABILITY AND COMPENSATION › § 2713
You must first ask the responsible party or their guarantor to pay for cleanup costs or damages. You can instead go straight to the Fund in four cases: if the President has told people to file with the Fund, if the person filing is a responsible party who can make a claim back, if a State governor files for costs the State paid, or if a U.S. person is harmed by oil from a foreign offshore unit for which the Fund can pay. If you first present the claim to the responsible party and they deny it or do not pay within 90 days after you presented the claim or after public notice began (whichever is later), you can sue or take the claim to the Fund. The Fund will not pay a claim while you have a court case about the same costs. You may ask the Fund for unpaid or partial (interim) damages when full payment is not available. The President must create and can update rules for filing and handling Fund claims.
Full Legal Text
Navigation and Navigable Waters, Source: USLM XML via OLRC
Legislative History
Reference
Citation
33 U.S.C. § 2713
Title 33, Navigation and Navigable Waters
Last Updated
Sep 22, 2026
Release point: 119-110