An official website of the United States government         Here's how you know         
**Official websites use .mil**
A **.mil** website belongs to an official U.S. Department of Defense organization in the United States.
**Secure .mil websites use HTTPS**
 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

Skip to main content (Press Enter).

United States Coast GuardU.S. Department of Homeland Security

Search
Search

Search

-  Home    -  News Room             
  -  Reserve             
  -  Forcecom             
  -  Operations             
  -  Mission Support             
  -  Atlantic Area             
  -  Pacific Area             
  -  History 
-  Units    -  Organization             
  -  Coast Guard A to Z             
  -  Atlantic Area             
  -  Pacific Area             
  -  Force Readiness Command 
-  Leadership    -  Commandant’s Initiatives             
  -  Senior Leadership             
  -  Deputy Commandant for Operations             
  -  Deputy Commandant for Mission Support             
  -  Atlantic Area Commander             
  -  Pacific Area Commander             
  -  Reserve             
  -  Auxiliary 
-  Resources    -  CG Support             
  -  Legal      -  JoinCGJAG             
    -  Legal_Assistance        -  Find-A-Legal-Assistance-Lawyer             
      -  FAQ 
  -  Civil Rights             
  -  Work-Life             
  -  Administrative Law Judges      -  Virtual Hearing 
  -  Newsroom             
  -  Family             
  -  Library             
  -  CG Web Mail             
  -  Return 2 Service      -  FAQ 
-  Community    -  Art Program             
  -  Girl Scouts / Boy Scouts      -  Eagle Scout Recognition 
  -  Coast Guard Band             
  -  Coast Guard Cities             
  -  Honor Guard             
  -  JROTC      -  NEWS 
  -  Special Programs      -  Industry Academy        -  Contacts             
      -  2018 
  -  Trademark             
  -  Resources      -  History             
    -  CGC Eagle 
-  Mariners    -  National Vessel Documentation Center             
  -  National Maritime Center             
  -  National Pollution Funds Center      -  NRD        -  NRD_FAQs             
      -  Trustee_Links             
      -  NRD_DOCS             
      -  About_NRD_Funding 
  -  Boating Safety 
-  doing business		 
-  Join		 
-  Recruiting		 
-  contact		 
-  About		 

HomeMarinersNational Pollution Funds CenterAbout NPFCclaims_adjudication

- About NPFC
- |
- Contact NPFC
- |
- FAQs
- |
- Glossary
- |
- Site Map
- |
- What's New

----

                        - National Pollution Funds Center
                        - Oil Pollution Act (OPA)
                        - Oil Spill Liability Trust Fund (OSLTF)
                        - COFRs
                        - Spill Response Funding
                        - Oil Spill Claims
                        - Online Services
                        - Forms
                        - Publications
                        - Regulations
                        - Jobs at NPFC
                        - Visitors
                        - Related Links
                        - Contact Webmaster

## **About Claims Adjudication**

----

Oil Spill Claims
Claimants
Claims Submission
Adjudication

----

### **Oil Spill Claims**

A claim is a request submitted to NPFC to pay for uncompensated removal costs or certain damages that result from a specific oil pollution incident. The Oil Pollution Act requires the Fund to be used *only in claims caused by a discharge of oil or the substantial threat of an oil discharge into U.S. navigable waters*. Costs and damages covered by the Fund include:
                            - Uncompensated removal costs
                            - Damages to natural resources
                            - Damages to real or personal property
                            - Loss of subsistence use of natural resources
                            - Loss of profits or earning capacity
                            - Loss of government revenues, and
                            - Increased cost of public services.

{back to top}

----

### **Claimants**

### Any person or organization that has incurred removal costs or suffered damages due to an oil spill may submit a claim. Claimants may include:

                            - Federal, state, and local government entities,
                            - Cleanup contractors,
                            - Corporations and businesses, and
                            - Members of the general public.

RPs may also submit claims to NPFC if they pay or incur removal costs and damages in excess of the applicable OPA liability limit and can establish entitlement to the limit. RPs can also present claims to the NPFC if they can establish a defense to liability under OPA when a discharge is solely caused by an act of war, an Act of God, or certain acts of third parties. These defenses are narrowly construed.

{back to top}

----

### **Claims Submission**

#### **Submit Claim to RP First**

All claims, except state government claims for uncompensated removal costs, must first be submitted to the RP. If the RP denies or fails to settle the claim within 90 days, the claimant may submit a claim to NPFC. Claims may also be submitted to the OSLTF if the responsible party cannot be identified. State claims for removal costs, as well as claims for mystery spills, can be submitted immediately to the NPFC.

#### **Timelines**

**Damage claims** must be submitted within three years from the date the claimant reasonably should have discovered the damage and realized that it resulted from the incident.

**Removal cost claims** must be submitted within six years from the day of completion of all cleanup activities related to the incident.

#### **Submission Package**

The NPFC does not have a required form for OSLTF claims submission, but has developed a model claim form to assist claimants with theirs submission. In all cases, the claimant bears the burden to prove the claim and should provide all of the information deemed necessary to support the claim. The Oil Spill Claims page includes guidance on the types of information needed by NPFC to process a claim.

{back to top}

----

### **Adjudication**

When NPFC receives a claim, a Claims Manager first reviews it to ensure that the claim meets the statutory and regulatory requirements for compensation. The Claims Manager may request additional information, including documentation of costs, activities, and damages.

Once the NPFC makes a determination, it notifies the claimant is notified in writing. The claimant has 60 days to accept or reject the determination.

After accepting an offer of compensation, the claimant must turn over (subrogate) its claimant rights to the OSLTF; this enables the NPFC to seek restitution from the RP. If the claimant rejects a compensation offer, or if the claim is denied, the claimant may then submit one request for reconsideration within 60 days of the determination. The Claimant’s Information Guide provides details of the claim settlement process.

----

### 

**

                      - FOIA
                      - Privacy Policy
                      - MHS Notice of Privacy Practices
                      - Accessibility
                      - No FEAR
                      - Whistleblower Protection
                      - U.S. Department of Homeland Security
                      - DHS Office of Inspector General
                      - WhiteHouse.gov
                      - USA.gov

### Stay Connected

Hosted by Defense Media Activity - WEB.mil