[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 c
