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). Prior to amend- ment, 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 Comp- troller 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 appro- priate. 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, div. G, 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 CONSTRUCTION Nothing in amendment made by section 11314(1), (2) of Pub. L. 117–263 to be construed to satisfy any require- ment 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 there- after, notwithstanding section 1012(a)(5) of the Oil Pol- lution 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 Li- ability Trust Fund pursuant to section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the re- moval 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 in- curred 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 FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. DELEGATION OF FUNCTIONS Functions of President under subsecs. (a)(1), (3), (4), (d), and (e) of this section delegated to Secretary of De- partment 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 Na- tional 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, ad- ministration, 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 sec- tion 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 Sec- retary 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. § 2713. Claims procedure (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. (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 oth- erwise 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 Page 891 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2714 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 sub- section (a) and— (1) each person to whom the claim is pre- sented 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) ad- vertising 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 guar- antor 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 ulti- mately may be entitled, and full and adequate compensation is unavailable, a claim for the un- compensated 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 presen- tation, filing, processing, settlement, and adju- dication of claims under this Act against the Fund. (Pub. L. 101–380, title I, § 1013, Aug. 18, 1990, 104 Stat. 501; Pub. L. 104–324, title XI, § 1142(b), Oct. 19, 1996, 110 Stat. 3991; Pub. L. 108–293, title VII, § 708(a), Aug. 9, 2004, 118 Stat. 1077; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8303(a), Jan. 1, 2021, 134 Stat. 4692.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (e), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. AMENDMENTS 2021—Subsec. (f). Pub. L. 116–283 struck out subsec. (f) which related to loan program to provide interim as- sistance to fishermen and aquaculture producer claim- ants 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 rep- resenting 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 sec- tion 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. § 2714. Designation of source and advertisement (a) Designation of source and notification When the President receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall imme- diately notify the responsible party and the guarantor, if known, of that designation. (b) Advertisement by responsible party or guar- antor (1) If a responsible party or guarantor fails to inform the President, within 5 days after receiv- ing notification of a designation under sub- section (a), of the party’s or the guarantor’s de- nial of the designation, such party or guarantor shall advertise the designation and the proce- dures by which claims may be presented, in ac- cordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under sub- section (a). If advertisement is not otherwise made in accordance with this subsection, the President shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the respon- sible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days. (2) An advertisement under paragraph (1) shall state that a claimant may present a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled and that payment of such a claim shall not preclude re- covery for damages not reflected in the paid or settled partial claim. (c) Advertisement by President If— (1) the responsible party and the guarantor both deny a designation within 5 days after re- ceiving notification of a designation under subsection (a), (2) the source of the discharge or threat was a public vessel, or (3) the President is unable to designate the source or sources of the discharge or threat under subsection (a), the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund. (Pub. L. 101–380, title I, § 1014, Aug. 18, 1990, 104 Stat. 501; Pub. L. 104–324, title XI, § 1142(c), Oct. 19, 1996, 110 Stat. 3991.) Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–324 designated existing provisions as par. (1) and added par. (2). Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Department in which Coast Guard is op- erating by section 7(d)(2) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a note under section 1321 of this title.