- Sec. 2701. Definitions
- Sec. 2702. Elements of liability
- Sec. 2703. Defenses to liability
- Sec. 2704. Limits on liability
- Sec. 2705. Interest; partial payment of claims
- Sec. 2706. Natural resources
- Sec. 2707. Recovery by foreign claimants
- Sec. 2708. Recovery by responsible party
- Sec. 2709. Contribution
- Sec. 2710. Indemnification agreements
- Sec. 2711. Consultation on removal actions
- Sec. 2712. Uses of Fund
- Sec. 2713. Claims procedure
- Sec. 2714. Designation of source and advertisement
- Sec. 2715. Subrogation
- Sec. 2716a. Financial responsibility civil penalties
- Sec. 2716. Financial responsibility
- Sec. 2717. Litigation, jurisdiction, and venue
- Sec. 2718. Relationship to other law
- Sec. 2719. State financial responsibility
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2713. Claims procedure
(a) Presentation
Except as provided in subsection (b) of this section, 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) Presentation to Fund
(1) In general
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) Limitation on presenting claim
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) Election
If a claim is presented in accordance with subsection (a) of this
section 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,
the claimant may elect to commence an action in court against the
responsible party or guarantor or to present the claim to the Fund.
(d) Uncompensated damages
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) Procedure for claims against Fund
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.
(f) Loan program
(1) In general
The President shall establish a loan program under the Fund to
provide interim assistance to fishermen and aquaculture producer
claimants during the claims procedure.
(2) Eligibility for loan
A loan may be made under paragraph (1) only to a fisherman or
aquaculture producer that--
(A) has incurred damages for which claims are authorized
under section 2702 of this title;
(B) has made a claim pursuant to this section that is
pending; and
(C) has not received an interim payment under section
2705(a) of this title for the amount of the claim, or part
thereof, that is pending.
(3) Terms and conditions of loans
A loan awarded under paragraph (1)--
(A) shall have flexible terms, as determined by the
President;
(B) shall be for a period ending on the later of--
(i) the date that is 5 years after the date on which the
loan is made; or
(ii) the date on which the fisherman or aquaculture
producer receives payment for the claim to which the loan
relates under the procedure established by subsections (a)
through (e) of this section; and
(C) shall be at a low interest rate, as determined by the
President.
(Pub. L. 101-380, title I, Sec. 1013, Aug. 18, 1990, 104 Stat. 501; Pub.
L. 104-324, title XI, Sec. 1142(b), Oct. 19, 1996, 110 Stat. 3991; Pub.
L. 108-293, title VII, Sec. 708(a), Aug. 9, 2004, 118 Stat. 1077.)
References in Text
This Act, referred to in subsec. (e), is Pub. L. 101-380, Aug. 18,
1990, 104 Stat. 484, as amended, 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
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''.
Delegation of Functions
Functions of President under subsec. (e) of this section delegated
to Secretary of Department in which
[[Page 656]]
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.
title.
(3) Minors and incompetents
The time limitations contained in this subsection shall not
begin to run--
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for the minor, or
(B) against an incompetent person until the earlier of the
date on which such incompetent's incompetency ends or the date
on which a legal representative is duly appointed for the
incompetent.
(i) Limitation on payment for same costs
In any case in which the President has paid an amount from the Fund
for any removal costs or damages specified under subsection (a) of this
section, no other claim may be paid from the Fund for the same removal
costs or damages.
(j) Obligation in accordance with plan
(1) In general
Except as provided in paragraph (2), amounts may be obligated
from the Fund for the restoration, rehabilitation, replacement, or
acquisition of natural resources only in accordance with a plan
adopted under section 2706(c) of this title.
(2) Exception
Paragraph (1) shall not apply in a situation requiring action to
avoid irreversible loss of natural resources or to prevent or reduce
any continuing danger to natural resources or similar need for
emergency action.
(k) Preference for private persons in area aff
