33 C.F.R. § 136.103

Order of presentment

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(a) Except as provided in paragraph (b) of this section, all claims for removal costs or damages must be presented first to the responsible party or guarantor of the source designated under § 136.305.

(b) Claims for removal costs or damages may be presented first to the Fund only—

(1) By any claimant, if the Director, NPFC, has advertised, or otherwise notified claimants in writing, in accordance with § 136.309(e);

(2) By a responsible party who may assert a claim under section 1008 of the Act (33 U.S.C. 2708);

(3) By the Governor of a State for removal costs incurred by that State; or

(4) 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 1012(a) of the Act (33 U.S.C. 2712(a)).

(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 § 136.309(d), 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) No claim of a person against the Fund will be approved or certified for payment during the pendency of an action by the person in court to recover costs which are the subject of the claim.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2014–2025 · leading case: United States v. Am. Com. Lines, L.L.C, 759 F.3d 420 (5th Cir. 2014).

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United States v. Am. Com. Lines, L.L.C, 759 F.3d 420 (5th Cir. 2014). “§ 2713(c)(2); see also 33 C.F.R. § 136.103 (c)(2), 136.105, 136.”

D&B Boat Rentals Inc v. Nat'l Pollution Funds Ctr. (E.D. La. 2020). · cites it 2× “NPFC claims manager stated: “I am sending you this email with a request for further information about the incident.”

United States v. Ernst Jacob GmbH & Co. KG (1st Cir. 2025). · cites it 2× “§ 2713; 33 C.F.R. § 136.103 . - 9 - Generally, a party seeking compensation from the Fund must first demand payment from the responsible party.”

United States v. Am. Com. Lines (5th Cir. 2014). · cites it 2× “§ 2713(c)(2); see also 33 C.F.R. § 136.103 (c)(2). The Fund will reimburse only those removal costs that are necessary and reasonable, and that adhere to the relevant statutory criteria for Fund payments.”

— 33 C.F.R. § 136.103(c)(2) — 1 case

D&B Boat Rentals Inc v. Nat'l Pollution Funds Ctr. (E.D. La. 2020). “NPFC claims manager stated: “I am sending you this email with a request for further information about the incident.”

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