---
kind: "section"
citation: "33 U.S.C. § 2713"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2713"
heading: "Claims procedure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2713"
units:
  - "Chapter 40 — Oil Pollution"
  - "Subchapter I — Oil Pollution Liability and Compensation"
---

# §2713. Claims procedure

- (a) **Presentation—** Except as provided in [subsection (b)](#b), all [claims](/usc/33/2701.md?p=3) for [removal costs](/usc/33/2701.md?p=31) or [damages](/usc/33/2701.md?p=5) shall be presented first to the [responsible party](/usc/33/2701.md?p=32) or [guarantor](/usc/33/2701.md?p=13) of the source designated under [section 2714(a) of this title](/usc/33/2714.md?p=a).
- (b) **Presentation to Fund—**
  - (1) **In general—** [Claims](/usc/33/2701.md?p=3) for [removal costs](/usc/33/2701.md?p=31) or [damages](/usc/33/2701.md?p=5) may be presented first to the [Fund](/usc/33/2701.md?p=11)—
    - (A) if the President has advertised or otherwise notified [claimants](/usc/33/2701.md?p=4) in accordance with [section 2714(c) of this title](/usc/33/2714.md?p=c);
    - (B) by a [responsible party](/usc/33/2701.md?p=32) who may assert a [claim](/usc/33/2701.md?p=3) under [section 2708 of this title](/usc/33/2708.md);
    - (C) by the Governor of a State for [removal costs](/usc/33/2701.md?p=31) incurred by that State; or
    - (D) by a United States [claimant](/usc/33/2701.md?p=4) in a case where a [foreign offshore unit](/usc/33/2701.md?p=10) has discharged [oil](/usc/33/2701.md?p=23) causing damage for which the [Fund](/usc/33/2701.md?p=11) is liable under [section 2712(a) of this title](/usc/33/2712.md?p=a).
  - (2) **Limitation on presenting claim—** No [claim](/usc/33/2701.md?p=3) of a [person](/usc/33/2701.md?p=27) against the [Fund](/usc/33/2701.md?p=11) may be approved or certified during the pendency of an action by the [person](/usc/33/2701.md?p=27) in court to recover costs which are the subject of the [claim](/usc/33/2701.md?p=3).
- (c) **Election—** If a [claim](/usc/33/2701.md?p=3) is presented in accordance with [subsection (a)](#a) and—
  - (1) each [person](/usc/33/2701.md?p=27) to whom the [claim](/usc/33/2701.md?p=3) is presented denies all liability for the [claim](/usc/33/2701.md?p=3), or
  - (2) the [claim](/usc/33/2701.md?p=3) is not settled by any [person](/usc/33/2701.md?p=27) by payment within 90 days after the date upon which (A) the [claim](/usc/33/2701.md?p=3) was presented, or (B) advertising was begun pursuant to [section 2714(b) of this title](/usc/33/2714.md?p=b), whichever is later,

  the [claimant](/usc/33/2701.md?p=4) may elect to commence an action in court against the [responsible party](/usc/33/2701.md?p=32) or [guarantor](/usc/33/2701.md?p=13) or to present the [claim](/usc/33/2701.md?p=3) to the [Fund](/usc/33/2701.md?p=11).

- (d) **Uncompensated damages—** If a [claim](/usc/33/2701.md?p=3) is presented in accordance with this section, including a [claim](/usc/33/2701.md?p=3) for interim, short-term [damages](/usc/33/2701.md?p=5) representing less than the full amount of [damages](/usc/33/2701.md?p=5) to which the [claimant](/usc/33/2701.md?p=4) ultimately may be entitled, and full and adequate compensation is unavailable, a [claim](/usc/33/2701.md?p=3) for the uncompensated [damages](/usc/33/2701.md?p=5) and [removal costs](/usc/33/2701.md?p=31) may be presented to the [Fund](/usc/33/2701.md?p=11).
- (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](/usc/33/2701.md?p=3) under this Act against the [Fund](/usc/33/2701.md?p=11).

## Source credit

(Pub. L. 101–380, title I, § 1013, Aug. 18, 1990, 104 Stat. 501; Pub. L. 104–324, title XI, § 1142(b), Oct. 19, 1996, 110 Stat. 3991; Pub. L. 108–293, title VII, § 708(a), Aug. 9, 2004, 118 Stat. 1077; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8303(a), Jan. 1, 2021, 134 Stat. 4692.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsec. (e), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

### Amendments

2021—Subsec. (f). Pub. L. 116–283 struck out subsec. (f) which related to loan program to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure.

2004—Subsec. (f). Pub. L. 108–293 added subsec.(f).

1996—Subsec. (d). Pub. L. 104–324 substituted “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,” for “section”.

### Executive Documents

### Delegation of Functions

Functions of President under subsec. (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(c)(2) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54767, set out as a note under section 1321 of this title.