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33 U.S.C. § 2713 — Claims procedure

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2713 — Claims procedure

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Source file: Laws/federal/codes/united-states-code/title-33/section-2713-claims-procedure--10f56b18ab.md
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Source location: Title 33, Chapter 40, § 2713; chapter-040-oil-pollution.md

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**(a) Presentation** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/c&num=0&edition=prelim); (B) by a responsible party who may assert a claim under [section 2708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2708&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2712/a&num=0&edition=prelim). (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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/b&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1321 — Oil and hazardous substance liability

**(a) Definitions** For the purpose of this section, the term— (1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; (2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section; (3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; (4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (5) “United States”

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1321

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2701 — Definitions

For the purposes of this Act, the term— (1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2701

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2708 — Recovery by responsible party

**(a) In general** The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) only if the responsible party demonstrates that— (1) the responsible party is entitled to a defense to liability under [section 2703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2703&num=0&edition=prelim); or (2) the responsible party is entitled to a limitation of liability under [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2704&num=0&edition=prelim). **(b) Extent of recovery** A responsible party who is entitled to a limitation of liability may assert a claim under [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) exceeds the amount to which the total of the liability under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) and removal costs and damages incurred by, or on behalf of, the responsible party is limited under [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2708

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2702 — Elements of liability

**(a) In general** Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident. **(b) Covered removal costs and damages** (1) **Removal costs** — The removal costs referred to in subsection (a) are— (A) all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim), under the Intervention on the High Seas Act ([33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.), or under State law; and (B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan. (2) **Damages** — The damages referred to in subsection (a) are the following: (A) *Natural resources* — Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee. (B) *Real or personal property* — Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property. (C) *Subsistence use* — Damages for loss of subsistenc

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2702

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2712 — Uses of Fund

**(a) Uses generally** The Fund shall be available to the President for— (1) the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan— (A) by Federal authorities; or (B) by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement under subsection (d); (2) the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2706&num=0&edition=prelim) for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan; (3) the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit; (4) the payment of claims in accordance with [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompensated damages, 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 s

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2712

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 6308 — Information barred in legal proceedings

**(a)** Notwithstanding any other provision of law, no part of a report of a marine casualty investigation conducted under [section 6301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6301&num=0&edition=prelim), including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceeding conducted by the United States. **(b)** Any member or employee of the Coast Guard investigating a marine casualty pursuant to [section 6301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6301&num=0&edition=prelim) shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant to a marine casualty investigation, without the permission of the Secretary. The Secretary shall not withhold permission for such employee or member to testify, either orally or upon written questions, on solely factual matters at a time and place and in a manner acceptable to the Secretary if the information is not available elsewhere or is not obtainable by other means. **(c)** Nothing in this section prohibits the United States from calling the employee or member as an expert witness to testify on its behalf. Further, nothing in this section prohibits the employee or member from being called as a fact witness in any case in which the United States is a party. If the employee or member is called as an expert or fact witness, the applicable Federal Rules of Civil Procedure govern discovery. If the employee or member is called as a witness, the report of a marine casualty investigation conducted under [section 6301 of this title](https://u

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 6308

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2713 — Claims procedure

Page 890 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2713 ‘‘(2) not later than 3 months after the close of the comment period for such proposed regulations, pro- mulgate final regulations for that purpose.’’ Subsecs. (f) to (l). Pub. L. 117–263, § 11314(3), redesig- nated 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), sub- stituted ‘‘operations and support’’ for ‘‘operating ex- penses’’. 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 exist- ing 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 sub- mits to Congress a budget under section 1105 of title 31,’’ for ‘‘Within one year after October 15, 2010, and an- nually 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

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2713

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