33 U.S. Code § 2713 - Claims procedure
(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;
If a claim is presented in accordance with subsection (a) of this section and—
(2) the claim is not settled by any person by payment within 90 days after the date upon which
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.
(f) Loan program
(1) In general
The President shall establish a loan program under the Fund to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure.
(2) Eligibility for loan
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;
(3) Terms and conditions of loans
A loan awarded under paragraph (1)—
(B) shall be for a period ending on the later of—
Source(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.)
References in Text
This Act, referred to in subsec. (e), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
2004—Subsec. (f). Pub. L. 108–293added subsec.(f).
1996—Subsec. (d). Pub. L. 104–324substituted “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,” for “section”.
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