33 U.S.C. § 2713

Claims procedure

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(a) Presentation

Except as provided in subsection (b), 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 generalClaims 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) ElectionIf a claim is presented in accordance with subsection (a) 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.

(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; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8303(a), Jan. 1, 2021, 134 Stat. 4692.)Editorial NotesReferences in Text

This Act, referred to in subsec. (e), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, 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.

Amendments

2021—Subsec. (f). Pub. L. 116–283 struck out subsec. (f) which related to loan program to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure.

2004—Subsec. (f). Pub. L. 108–293 added subsec.(f).

1996—Subsec. (d). Pub. L. 104–324 substituted “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”.

Executive DocumentsDelegation of Functions

Functions of President under subsec. (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(c)(2) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54767, set out as a note under section 1321 of this title.

Notes of Decisions

Cited in 40 cases (8 in the last 5 years), 1993–2023 · leading case: Chuc Nguyen v. Am. Com. Lines, L, 805 F.3d 134 (5th Cir. 2015).

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Chuc Nguyen v. Am. Com. Lines, L, 805 F.3d 134 (5th Cir. 2015). · cites it 12× “33 U.S.C. § 2713 . Thus, under the OPA’s presentment requirement, claimants must first present their claims to the responsible party and wait until that party denies all liability or until 90 days from the time of presentment have passed before “commencing] an action in court…”

Leboeuf v. Texaco, 9 F. Supp. 2d 661 (E.D. La. 1998). · cites it 10× “2 It is defendants’ position that not until the state court determined the plaintiffs complied with the presentment requirements of 33 U.S.C. § 2713 , did the defendants learn that plaintiffs’ claims were viable and that this case was removable.”

Johnson v. Colonial Pipeline Co., 830 F. Supp. 309 (E.D. Va. 1993). · cites it 4× “Oil Pollution Act The federal statutory violation alleged by plaintiffs is the Oil Pollution Act of 1990, 33 U.”

Settoon Towing, L.L.C. v. Marquette Transp. Co., 859 F.3d 340 (5th Cir. 2017). “Second, if the Responsible Party rejects the claim or refuses to settle it within 90 days, the injured party has a statutory cause of action to sue the Responsible Party for its damages or to seek recovery from the government-created Oil Spill Liability Trust Fund.”

United States v. E.R.R., 35 F.4th 405 (5th Cir. 2022). · cites it 2× “See 33 U.S.C. § 2713 (a), (b). But if the party denies liability or has not paid the claim within 90 days, the claimant may elect to sue that party or seek repayment from the National Pollution Funds Center (“NPFC”), which administers the Oil Spill Liability Trust Fund (“Fund”).”

Keller Transp., Inc. v. Wagner Entersprises, LLC, 873 F. Supp. 2d 1342 (D. Mont. 2012). · cites it 6× “33 U.S.C. § 2713 (a) and (c). See Gabarick v.”

Water Quality Ins. Syndicate v. United States, 225 F. Supp. 3d 41 (D.D.C. 2016). “The following three points are clear: First, the plain language of the OPA places the burden on the claimant to show entitlement to the limitation on liability, stating ”[t]he responsible party .”

Boca Ciega Hotel, Inc. v. Bouchard Transp. Co., 844 F. Supp. 1512 (M.D. Fla. 1994). · cites it 5× “See 33 U.S.C. § 2713 (a). If a claim is presented to the responsible party and each person to whom the claim is presented denies all liability for the claim or (emphasis supplied by court) the claim is not settled by any person by payment within 90 days after the date upon…”

In Re Oil Spill by the Oil Rig \Deepwater Horizon\"", 808 F. Supp. 2d 943 (E.D. La. 2011). “33 U.S.C. § 2713 (emphasis added). The text of the statute is clear.”

Marathon Pipe Line Co. v. LaROCHE Indus. INC., 944 F. Supp. 476 (E.D. La. 1996). · cites it 3× “LaRoche argues that plaintiffs failed to comply with the jurisdictional requirement of 33 U.S.C. § 2713 which mandates the presentation of “all claims” to the “responsible party” before filing suit on that claim.”

United States v. Am. Com. Lines, L.L.C, 759 F.3d 420 (5th Cir. 2014). “4 See 33 U.S.C. § 2713 (a)-(d). The United States, in turn, sued ACL to recover the Fund’s payment to ES & H and USES, as well as a penalty under the CWA and statutory damages under OPA.”

Water Quality Ins. Syndicate v. United States, 522 F. Supp. 2d 220 (D.D.C. 2007). “(citing 33 U.S.C. §§ 2713 (a), (b), 2714(c)). This argument was not relied upon by the agency in its decision and therefore will not be discussed here.”

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