Page:United States Statutes at Large Volume 110 Part 6.djvu/169

 PUBLIC LAW 104-324—OCT. 19, 1996 110 STAT. 3991 Rhode Island, shall be determined exclusively according to the law of the State in which such property or structure is located. SEC. 1141. DREDGING OF RHODE ISLAND WATERWAYS. The Chief of Engineers of the Army Corps of Engineers, in conjunction with the Secretary of Transportation and other relevant agencies, shall— (1) review the report of the commission convened by the Governor of Rhode Island on dredging Rhode Island waterways; and (2) not later than 120 days after the date of enactment of this section, submit to the Committee on Environment and Public Works of the Senate and the Committee on Trsmsportation and Infrastructure of the House of Representatives any recommendations that the Chief of Engineers may have concerning the feasibility and environmental effects of the dredging. SEC. 1142. INTERIM PAYMENTS. (a) DAMAGES FOR LOSS OF PROFITS OR IMPAIRMENT OF EARNING CAPACITY.— Section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705) is amended by— (1) in the title inserting "; PARTIAL PAYMENT OF CLAIMS" before the period; and (2) adding at the end of subsection (a) the following: "The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Pay- ment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.". (b) CLARIFICATION OF CLAIMS PROCEDURE. — Section 1013(d) of the Oil Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended by striking "section" and inserting the following: "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,". (c) ADVERTISEMENT.— Section 1014(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2714(b)) is amended— (1) by inserting "(1)" before "If; and (2) by adding at the end the following new paragraph: "(2) An advertisement under paragraph (1) shall state that a claimant may present a claim for interim, short-term damages representing less than the fiili amoiint of damages to which the claimant ultimately may be entitled and that pa3anent of such a claim shall not preclude recovery for dsimages not reflected in the paid or settled partial claim.". (d) CLARIFICATION OF SUBROGATION.— Section 1015(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: "(b) INTERIM DAMAGES. — "(1) IN GENERAL.—If a responsible party, a guarantor, or Applicability. the Fund has made payment to a claimant for interim, shortterm damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subroga-

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