§ 2712. Uses of Fund
(a)
Uses generally
The Fund shall be available to the President for—
(1)
the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan—
(2)
the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under section
2706 of this title for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan;
(3)
the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit;
(4)
the payment of claims in accordance with section
2713 of this title for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompensated damages;
(5)
the payment of Federal administrative, operational, and personnel costs and expenses reasonably necessary for and incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections
1004
(d)(2),
1006
(e),
4107,
4110,
4111,
4112,
4117,
5006,
8103, and title VII) and subsections (b), (c), (d), (j), and (l) of section
1321 of this title with respect to prevention, removal, and enforcement related to oil discharges, provided that—
(A)
not more than $25,000,000 in each fiscal year shall be available to the Secretary for operating expenses incurred by the Coast Guard;
(b)
Defense to liability for Fund
The Fund shall not be available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or damages are caused by the gross negligence or willful misconduct of that claimant.
(c)
Obligation of Fund by Federal officials
The President may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a) of this section.
(d)
Access to Fund by State officials
(1)
Immediate removal
In accordance with regulations promulgated under this section, the President, upon the request of the Governor of a State or pursuant to an agreement with a State under paragraph (2), may obligate the Fund for payment in an amount not to exceed $250,000 for removal costs consistent with the National Contingency Plan required for the immediate removal of a discharge, or the mitigation or prevention of a substantial threat of a discharge, of oil.
(2)
Agreements
(A)
In general
The President shall enter into an agreement with the Governor of any interested State to establish procedures under which the Governor or a designated State official may receive payments from the Fund for removal costs pursuant to paragraph (1).
(e)
Regulations
The President shall—
(f)
Rights of subrogation
Payment of any claim or obligation by the Fund under this Act shall be subject to the United States Government acquiring by subrogation all rights of the claimant or State to recover from the responsible party.
(g)
Audits
The Comptroller General shall audit all payments, obligations, reimbursements, and other uses of the Fund, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. The Comptroller General shall submit to the Congress an interim report one year after August 18, 1990. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection.
(h)
Period of limitations for claims
(1)
Removal costs
No claim may be presented under this subchapter for recovery of removal costs for an incident unless the claim is presented within 6 years after the date of completion of all removal actions for that incident.
(2)
Damages
No claim may be presented under this section for recovery of damages unless the claim is presented within 3 years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care, or in the case of natural resource damages under section
2702
(b)(2)(A) of this title, if later, the date of completion of the natural resources damage assessment under section
2706
(e) of this title.
(i)
Limitation on payment for same costs
In any case in which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a) of this section, no other claim may be paid from the Fund for the same removal costs or damages.
(k)
Preference for private persons in area affected by discharge
(1)
In general
In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction, and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be given, to the extent feasible and practicable, to private persons residing or doing business primarily in the area affected by the discharge of oil.