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.
Claims for removal costs or damages may be presented first to the Fund-
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.
If a claim is presented in accordance with subsection (a) and-
the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund.
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.
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.
33 U.S.C. § 2713
EDITORIAL NOTES
REFERENCES IN TEXTThis Act, referred to in subsec. (e), is Pub. L. 101-380, 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.
AMENDMENTS2021-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.