[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR29.9]

[Page 472-473]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 29--TRANS-ALASKA PIPELINE LIABILITY FUND--Table of Contents
 
Sec. 29.9  Claims, settlement and adjudication.

    (a)(1) Claims in accordance with this section may be submitted by 
any damaged party, his or her duly authorized agent, or his or her 
successor in interest.
    (2) Claims submitted in accordance with this section must contain 
the following information:
    (i) A detailed statement of the circumstances, if known, by which 
the claimed loss occurred.
    (ii) A detailed listing of damages incurred, categorized according 
to the type of damage involved (Sec. 29.1(e)), and including a monetary 
claim for each type of damage listed.
    (iii) Documentation of all monetary claims asserted.
    (b) The contact person must provide copies of all claims filed with 
the vessel Owner or Operator to the Fund Administrator upon request of 
the Administrator. Once such claims are paid, the contact person shall 
notify the Fund and upon request of the Administrator supply any 
adjuster's reports.
    (c) Prior to reaching $14 million in claims filed, the contact 
person shall notify the Fund whether the vessel Owner or Operator will 
assume responsibility to pay damages over the $14 million level.
    (d)(1) In the event the vessel Owner or Operator refuses to pay 
claims over the $14 million level, the Fund shall determine if the $14 
million in claims already filed meet the definition of damage as 
established by this section. The Fund shall pay the claims, or portion 
of claims, over $14 million, which have been determined to meet that 
definition.

[[Page 473]]

    (2) The Fund shall establish uniform procedures and standards for 
the appraisal and settlement of claims against the Fund, including but 
not limited to procedures for appraising claims made to the vessel Owner 
or Operator to determine when $14 million of claims meeting the 
definition of damages has been reached; procedures to determine whether 
claims over the $14 million level which it receives meet the definition 
of damages; and procedures for determining when the services of a 
private insurance and claims adjuster shall be used.
    (e) In the event the vessel Owner or Operator refuses payment of any 
claims up to $14 million, the injured parties have recourse to the 
district court for the Federal district in which the spill occurred or 
the appropriate State court for the State in which the spill occurred. 
The Fund only becomes liable after $14 million in claims meeting the 
definition of damages have been paid or have been acknowledged as 
payable by the vessel Owner or Operator.
    (f) The Fund may settle or compromise any claim presented to it.
    (g) No claim may be presented, nor any action be commenced, for 
damages recoverable under this part unless that claim is presented to or 
that action is commenced against the vessel Owner or Operator, or their 
guarantor, or against the Fund, as to their respective liabilities, 
within two years from the date of discovery of the damages caused by an 
incident, or of the date of the incident causing the damages, whichever 
is earlier.
    (h)(1) The Board of Trustees, by a majority vote, shall decide to 
allow or deny claims or settlements presented to the Fund in accordance 
with this section. In its discretion the Board may delegate the 
authority to settle classes of claims to the Administrator.
    (2)(i) Where a claim is presented to the Fund by or on behalf of any 
person having a close business, personal or governmental association 
with any member of the Board of Trustees, such as to create a conflict 
of interest or the appearance of such conflict of interest on the part 
of such member of the Board of Trustees, the member involved shall 
excuse himself or herself from any consideration of such claim.
    (ii) Where a claim presented to the Fund has previously been 
presented to the Owner or Operator and such Owner or Operator has a 
close business, personal or governmental association with any member of 
the Board of Trustees, such as to create a conflict of interest or the 
appearance of a conflict of interest on the part of such member of the 
Board of Trustees, the member involved shall excuse himself or herself 
from any consideration of such claim.
    (i) Any claimant aggrieved by the Fund's decision on a claim under 
this section may appeal the decision in the appropriate Federal district 
court.