33 U.S.C. § 2712
The Fund shall be available to the President for-
The Fund shall not be available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or damages are caused by the gross negligence or willful misconduct of that claimant.
Except for a guarantor claim pursuant to a defense under section 2716(f)(1) of this title, Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or injured third party to such compensation.
The President may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a).
In carrying out section 1321(c) of this title, the President may enter into cost-reimbursable agreements with a State, a political subdivision of a State, or an Indian tribe to obligate the Fund for the payment of removal costs consistent with the National Contingency Plan.
Chapter 63 and section 1535 of title 31 shall not apply to a cost-reimbursable agreement entered into under this subsection.
Payment of any claim or obligation by the Fund under this Act shall be subject to the United States Government acquiring by subrogation all rights of the claimant or State to recover from the responsible party.
No claim may be presented under this subchapter for recovery of removal costs for an incident unless the claim is presented within 6 years after the date of completion of all removal actions for that incident.
No claim may be presented under this section for recovery of damages unless the claim is presented within 3 years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care, or in the case of natural resource damages under section 2702(b)(2)(A) of this title, if later, the date of completion of the natural resources damage assessment under section 2706(e) of this title.
The time limitations contained in this subsection shall not begin to run-
In any case in which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a), no other claim may be paid from the Fund for the same removal costs or damages.
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.
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.
In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction, and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be given, to the extent feasible and practicable, to private persons residing or doing business primarily in the area affected by the discharge of oil.
This subsection shall not be considered to restrict the use of Department of Defense resources.
Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, the President, through the Secretary of the Department in which the Coast Guard is operating, shall-
The report shall include-
Each Federal agency that receives amounts from the Fund shall maintain records describing the purposes for which such funds were obligated or expended in such detail as the Secretary may require for purposes of the report required under paragraph (1).
33 U.S.C. § 2712
EDITORIAL NOTES
REFERENCES IN TEXTThis Act, referred to in subsecs. (a)(5) and (e), is Pub. L. 101-380, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. Sections 1004(d)(2) and 1006(e) are classified to sections 2704(d)(2) and 2706(e), respectively, of this title. Section 4107 amended former section 1223 of this title and enacted provisions formerly set out as a note under section 1223 of this title. Sections 4110 and 4111 enacted provisions set out as a note and formerly set out as a note under section 3703 of Title 46, Shipping. Section 4112 is not classified to the Code. Section 4117 enacted provisions set out as a note under section 1295 of the former Appendix to Title 46. Section 5006 is classified to section 2736 of this title. Section 8103 enacted provisions formerly set out as a note under section 1651 of Title 43, Public Lands. Title VII is classified to subchapter IV of 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.
AMENDMENTS2022-Subsec. (a)(1)(B). Pub. L. 117-263, §11314(1), substituted "by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement" for "by a Governor or designated State official".Subsec. (a)(4). Pub. L. 117-263, §11310, inserted ", including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process such claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing each spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process such claims" after "damages". Subsec. (d). Pub. L. 117-263, §11314(2), added subsec. (d) and struck out former subsec. (d) which related to access to Fund by State officials.Subsec. (e). Pub. L. 117-263, §11314(2), (3), redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: "The President shall- "(1) not later than 6 months after August 18, 1990, publish proposed regulations detailing the manner in which the authority to obligate the Fund and to enter into agreements under this subsection shall be exercised; and"(2) not later than 3 months after the close of the comment period for such proposed regulations, promulgate final regulations for that purpose."Subsecs. (f) to (l). Pub. L. 117-263, §11314(3), redesignated subsecs. (h), (i), (j), (k), and (l) as (f), (g), (h), (i), and (j), respectively. Former subsec. (f) redesignated (e). 2021-Subsec. (a)(5)(A). Pub. L. 116-283, §8513(c), substituted "operations and support" for "operating expenses". Subsec. (a)(6). Pub. L. 116-283, §8303(b), struck out par. (6) which read as follows: "the making of loans pursuant to the program established under section 2713(f) of this title."Subsec. (b). Pub. L. 116-283, §8302(a), designated existing provisions as par. (1), inserted heading, and added par. (2).2018-Subsec. (g). Pub. L. 115-282, §816(1), struck out subsec. (g) which related to audits. Subsec. (l)(1). Pub. L. 115-282, §816(2), substituted "Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31," for "Within one year after October 15, 2010, and annually thereafter," in introductory provisions. Subsec. (l)(2). Pub. L. 115-282, §816(3), amended par. (2) generally. Prior to amendment, text read as follows: "The report shall include-"(A) a list of each disbursement of $250,000 or more from the Fund during the preceding fiscal year; and"(B) a description of how each such use of the Fund meets the requirements of subsection (a)." 2010-Subsec. (a)(5)(B) to (D). Pub. L. 111-281, §708(a), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.Subsec. (g). Pub. L. 111-281, §708(b)(1), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: "The Comptroller General shall audit all payments, obligations, reimbursements, and other uses of the Fund, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. The Comptroller General shall submit to the Congress an interim report one year after August 18, 1990. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection."Subsec. (l). Pub. L. 111-281, §708(b)(2), added subsec. (l). 2004-Subsec. (a)(6). Pub. L. 108-293 added par. (6).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116-283 title LVXXXIII [LXXXIII], §8302(b), Jan. 1, 2021, 134 Stat. 4692, provided that: "This section [amending this section] and the amendments made by this section shall take effect 180 days after the date of enactment of this Act [Jan. 1, 2021]."
RULE OF CONSTRUCTIONNothing in amendment made by section 11314(1), (2) of Pub. L. 117-263 to be construed to satisfy any requirement for government-to-government consultation with Tribal governments or to affect or modify any treaty or other right of any Tribal government, see section 11003 of Pub. L. 117-263 set out as a note under section 245 of Title 6, Domestic Security.
USE OF FUND FOR SPILLS OF NATIONAL SIGNIFICANCE Pub. L. 112-74, div. D, title V, §563, Dec. 23, 2011, 125 Stat. 981, provided that: "For fiscal year 2012 and thereafter, notwithstanding section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ) and 31 U.S.C. 3302, in the event that a spill of national significance occurs, any payment of amounts from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(1) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(1) ) for the removal costs incurred by the Coast Guard for such spill, shall be credited directly to the accounts of the Coast Guard current at the time such removal costs were incurred or when reimbursement is received: Provided, That such amounts shall be merged with and, without further appropriations, made available for the same time period and the same purpose as the appropriation to which it is credited."
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d),and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
DELEGATION OF FUNCTIONSFunctions of President under subsecs. (a)(1), (3), (4), (d), and (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(a)(1)(A), (c)(1), (3) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, 54767, set out as a note under section 1321 of this title. Functions of President under subsec. (a)(2) of this section delegated to Federal trustees designated in National Contingency Plan by section 7(a)(2) of Ex. Ord. No. 12777.Functions of President under subsecs. (a)(5) and (c) of this section delegated to each head of departments and agencies having responsibility for implementation, administration, and enforcement of the Oil Pollution Act of 1990 ( Pub. L. 101-380 see Tables for classification) and section 1321(b), (c), (d), (j), (l) of this title by section 7(a)(3), (b) of Ex. Ord. No. 12777.Memorandum of the President of the United States, Aug. 24, 1990, 55 F.R. 35291, which delegated to the Secretary of the Department in which the Coast Guard is operating authority to make available from the Oil Spill Liability Trust Fund not to exceed $50,000,000 in any fiscal year to remove discharged oil or hazardous substances from navigable waters, was revoked by Ex. Ord. No. 12777, §8(i), Oct. 18, 1991, 56 F.R. 54769, set out as a note under section 1321 of this title.