Page:United States Statutes at Large Volume 92 Part 1.djvu/733

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 679

he finds necessary, and at the expense of the owner, operator, or guarantor involved, advertise the designation and the procedures by which claims may be presented to such owner, operator, or guarantor. (c) In a case where— (1) the owner, operator, and guarantor all deny a designation in accordance with paragraph (2) of subsection (b) of this section; (2) the source of the discharge was a public vessel; or (3) the Secretary is unable to designate the source or sources of the discharge under paragraph (1) of such subsection (b), the Secretary shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund. (d) Advertisement under subsection (b) of this section shall com- Effective date, mence no later than fifteen days after the date of the designation made under such subsection and shall continue for a period of no less than thirty days. CLAIMS

SETTLEMENT

SEC. 307. (a) Except as provided in subsection (b) of this section, 43 USC 1817. all claims shall be presented to the owner, operator, or guarantor. (b) All claims shall be presented to the Fund— (1) where the Secretary has advertised or otherwise notified claimants in accordance with section 306(c) of this title; or (2) where the owner or operator may recover under the provisions of section 303(b)(1) of this title. (c) In the case of a claim presented in accordance with subsection (a) of this section, and in which— (1) the person to whom the claim is presented denies all liability for the claim, for any reason; or (2) the claim is not settled by any person by payment to the claimant within sixty days from the date upon which (A) the claim is presented, or (B) advertising is commenced pursuant to section 306(b)(2), whichever is later, the claimant may elect to commence an action in court against the owner, operator, or guarantor, or to present the claim to the Fund, that election to be irrevocable and exclusive. (d) In the case of a claim presented in accordance with subsection (a) of this section, where full and ade(]^uate compensation is unavailable, either because the claim exceeds a limit of liability invoked under section 304(b) of this title or because the owner, operator, and guarantor to whom the claim is presented are financially incapable of meeting their obligations in full, a claim for the uncompensated damages may be presented to the Fund. (e) In the case of a claim which is presented to any person, pursuant to subsection (a) of this section, and which is being presented to the Fund, pursuant to subsection (c) or (d) of this section, such person, at the request of the claimant, shall transmit the claim and supporting documents to the Fund. The Secretary may, by regulation, Regulations, prescribe the documents to be transmitted and the terms under which they are to be transmitted. (f) In the case of a claim presented to the Fund, pursuant to subsection (b), (c), or (d) of this section, and in which the Fund— (1) denies all liability for the claim, for any reason; or (2) does not settle the claim by payment to the claimant within sixty days after the date upon which (A) the claim is presented to the Fund, or (B) advertising is commenced pursuant to section 306 (c) of this title, whichever is later,

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