Page:United States Statutes at Large Volume 104 Part 1.djvu/535

 PUBLIC LAW 101-380 —AUG. 18, 1990 104 STAT. 501 SEC. 1013. CLAIMS PROCEDURE. (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 1014(a). (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 1014(c); (B) by a responsible party who may assert a claim under section 1008; (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 1012(a). (2) LIMITATION ON PRESENTING CLAIM. —No claim of a person gigainst 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) ELECTION. — If 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 1014(b), 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 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 sigainst the Fund. SEC. 1014. DESIGNATION OF SOURCE AND ADVERTISEMENT. (a) DESIGNATION OF SOURCE AND NOTIFICATION.—When the President receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party and the guarantor, if known, of that designation. (b) ADVERTISEMENT BY RESPONSIBLE PARTY OR GUARANTOR.— If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a), of the party's or the guarantor's denial of the designation, such party or guarantor shall advertise the designation and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a). If advertisement is not otherwise made in accordance with this subsection, the President 33 USC 2713. President of U.S. Regulations. President of U.S. 33 USC 2714.

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