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.
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.
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) 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.
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.
The President shall establish a loan program under the Fund to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure.
A loan may be made under paragraph (1) only to a fisherman or aquaculture producer that—
(A) has incurred damages for which claims are authorized under section 2702 of this title;
(B) has made a claim pursuant to this section that is pending; and
(C) has not received an interim payment under section 2705(a) of this title for the amount of the claim, or part thereof, that is pending.
A loan awarded under paragraph (1)—
(A) shall have flexible terms, as determined by the President;
(B) shall be for a period ending on the later of—
(i) the date that is 5 years after the date on which the loan is made; or
(ii) the date on which the fisherman or aquaculture producer receives payment for the claim to which the loan relates under the procedure established by subsections (a) through (e) of this section; and
(C) shall be at a low interest rate, as determined by the President.
(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.)
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Last modified: October 26, 2015