Page:United States Statutes at Large Volume 92 Part 1.djvu/728

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 674

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31 USC 774.

PUBLIC LAW 95-372—SEPT. 18, 1978 (f) If at any time the moneys available in the Fund are insufficient to meet the obligations of the Fund, the Secretary shall issue to the Secretary of the Treasury notes or other obligations in the forms and denominations, bearing the interest rates and maturities, and subject to such terms and conditions as may be prescribed by the Secretary of the Treasury. Redemption of such notes or other obligations shall be made by the Secretary from moneys in the Fund. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of comparable maturity. The Secretary of the Treasury shall purchase any notes or other obligations issued under this subsection and, for that purpose, he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The purpose for which securities may be issued under that Act are extended to include any purchase of such notes or other obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. DAMAGES AND CLAIMANTS

43 USC 1813.

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SEC. 303. (a) Claims for economic loss, arising out of or directly resulting from oil pollution, may be asserted for— (1) removal costs; and (2) damages, including— (A) injury to, or destruction of, real or personal property; (B) loss of use of real or personal property; j (C) injury to, or destruction of, natural resources; (D) loss of use of natural resources; (E) loss of profits or impairment of earning capacity due to injury to, or destruction of, real or personal property or natural resources; and (F) loss of tax revenue for a period of one year due to injury to real or personal property. (b) A claim authorized by subsection (a) of this section may be asserted— (1) under paragraph (1), by any claimant, except that the owner or operator of a vessel or offshore facility involved in an incident may assert such a claim only if he can show— (A) that he is entitled to a defense to liability under section 304(c)(1) or 304(c)(2) of this title; or (B) if not entitled to such a defense to liability, that he

is entitled to a limitation of liability under section 304(b), except that if he is not entitled to such a defense to liability but is entitled to such a limitation of liability, such claim may be asserted only as to the removal costs incurred in excess of that limitation; (2) under paragraphs (2)(A), (B), and (D), by any United States claimant if the property involved is owned or leased, or the natural resource involved is utilized, by the claimant; (3) under paragraph (2)(C), by the President, as trustees for natural resources over which the Federal Government has sovereign rights or exercises exclusive management authority, or by