
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC2713]

 
                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.

(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.)

                       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

    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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2702, 2705, 2708, 2712 of 
this title.
