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U.S. Code as of:
01/19/04
Section 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 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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