Page:United States Statutes at Large Volume 104 Part 1.djvu/528

 104 STAT. 494 PUBLIC LAW 101-380 —AUG. 18, 1990 33 USC 2706. State and local governments. Indians. President of U.S. Claims. (1) IN GENERAL.—Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid. (2) EXCLUSION OF PERIOD DUE TO OFFER BY GUARANTOR. —If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under section 1013(a), the period described in paragraph (1) does not include any period before the offer is accepted. (3) EXCLUSION OF PERIODS IN INTERESTS OF JUSTICE. — If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall accrue under this section during that period. (4) CALCULATION OF INTEREST. — The interest paid under this section shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of 180 days or less obtaining on each of the days included within the period for which interest must be paid to the claimant, as published in the Federal Reserve Bulletin. (5) INTEREST NOT SUBJECT TO LIABILITY LIMITS. — (A) IN GENERAL.—Interest (including prejudgment interest) under this paragraph is in addition to damages and removal costs for which claims may be asserted under section 1002 and shall be paid without regard to any limitation of liability under section 1004. (B) PAYMENT BY GUARANTOR. —The payment of interest under this subsection by a guarantor is subject to section 1016(g). SEC. 1006. NATURAL RESOURCES. (a) LiABiliTY.— In the case of natural resource damages under section 1002(b)(2)(A), liability shall be— (1) to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States; (2) to any State for natural resources belonging to, managed by, controlled by, or appertaining to such State or political subdivision thereof; (3) to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and (4) in any case in which section 1007 applies, to the government of a foreign country for natural resources belonging to, managed by, controlled by, or appertaining to such country. (b) DESIGNATION OF TRUSTEES. — (1) IN GENERAL.—The President, or the authorized representative of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recover damages to the natural resources.

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