33 U.S.C. § 2713 — Claims procedure

(a) Presentation. Unless subsection (b) applies, every claim for removal costs or damages must first be presented to the responsible party or to the guarantor for the source designated under section 2714(a) of this title.

(b) Presentation to Fund.

(1) General rule. A claim for removal costs or damages may first be presented to the Fund:

(A) when the President has advertised or otherwise notified claimants under section 2714(c) of this title;

(B) by a responsible party that may make a claim under section 2708 of this title;

(C) by a State’s Governor for removal costs incurred by that State; or

(D) by a United States claimant when a foreign offshore unit discharged oil causing damage for which the Fund is liable under section 2712(a) of this title.

(2) Limitation on presenting claim. The Fund may not approve or certify a person’s claim while that person has a court action pending to recover the costs covered by the claim.

(c) Election. If a claim was presented under subsection (a), the claimant may choose to sue the responsible party or guarantor, or present the claim to the Fund, when either each person receiving the claim denies all liability, or no person pays to settle the claim within 90 days after the later of the claim’s presentation or the beginning of advertising under section 2714(b) of this title.

(d) Uncompensated damages. A claim presented under this section may include a claim for interim, short-term damages that are less than the full damages the claimant may ultimately receive. If full and adequate compensation is unavailable, the claimant may present the uncompensated damages and removal costs to the Fund.

(e) Procedure for claims against Fund. The President must issue regulations for presenting, filing, processing, settling, and deciding claims against the Fund under this Act. The President may amend those regulations from time to time.