Page:United States Statutes at Large Volume 104 Part 1.djvu/534

 104 STAT. 500 PUBLIC LAW 101-380 —AUG. 18, 1990 Government acquiring by subrogation all rights of the claimant or State to recover from the responsible party. (g) AUDITS.— The Comptroller General shall audit all payments, obligations, reimbursements, and other uses of the Fund, to assure that the Fund is being properly administered and that claims are Reports. being appropriately and expeditiously considered. The Comptroller General shall submit to the Congress an interim report one year after the date of the enactment of this Act. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection. (h) PERIOD OF LIMITATIONS FOR CLAIMS. — (1) REMOVAL COSTS.— No claim may be presented under this title for recovery of removal costs for an incident unless the claim is presented within 6 years after the date of completion of all removal actions for that incident. (2) DAMAGES. —No claim may be presented under this section for recovery of damages unless the claim is presented within 3 years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care, or in the case of natural resource damages under section 1002(b)(2)(A), if later, the date of completion of the natural resources damage assessment under section 1006(e). (3) MINORS AND INCOMPETENTS. —The time limitations contained in this subsection shall not begin to run— (A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for the minor, or (B) against an incompetent person until the earlier of the date on which such incompetent's incompetency ends or the date on which a legal representative is duly appointed for the incompetent. (i) LIMITATION ON PAYMENT FOR SAME COSTS. —In any case in which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a), no other claim may be paid from the Fund for the same removal costs or damages. 0) OBLIGATION IN ACCORDANCE WITH PLAN.— (1) IN GENERAL.— Except as provided in paragraph (2), amounts may be obligated from the Fund for the restoration, rehabilitation, replacement, or acquisition of natural resources only in accordance with a plan adopted under section 1006(c). (2) EXCEPTION.— Paragraph (1) shall not apply in a situation requiring action to avoid irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or similar need for emergency action. (k) PREFERENCE FOR PRIVATE PERSONS IN AREA AFFECTED BY DIS- CHARGE.— (1) IN GENERAL. — In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction, and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be given, to the extent feasible and practicable, to private persons residing or doing business primarily in the area affected by the discharge of oil. (2) LIMITATION.— Th is subsection shall not be considered to restrict the use of Department of Defense resources.

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