If you suffer an uncompensated removal costs or damage resulting from an oil spill incident, the Oil Pollution Act (OPA) entitles you to seek compensation for your loss. Indeed, fair compensation is an important aspect of final recovery from the spill. The National Pollution Funds Center (NPFC) has the authority to use the Oil Spill Liability Trust Fund (the OSLTF, or the Fund) to pay for uncompensated removal costs and damages. Claims not paid by the responsible party (RP) or resulting from a mystery spills (for which an RP cannot be identified) may be submitted to the NPFC for review and consideration. 

The primary mission of the NPFC’s Claims Division is to compensate those who have suffered certain damages or incurred removal costs resulting from a discharge of or a substantial threat of a discharge of oil to U.S. navigable waters. Without the Fund, parties whose claims are not paid by the RP would have no recourse but costly and time-consuming litigation, and those who suffer damages in a mystery spill would have no recourse at all.

A claim is a signed request, made in writing, for a sum certain, for compensation for damages or removal costs resulting from an oil spill incident.

Removal costs are the costs of removal incurred after a discharge of oil has occurred; or, when there is a substantial threat of a discharge of oil.  Specifically, removal costs are the costs of actions to prevent, minimize, or mitigate the effects of the oil pollution that resulted from an oil spill incident.

Typically, clean-up contractors, called Oil Spill Recovery Organizations (OSROs), Federal, State, and local government entities, the RP (in certain instances) or anyone who’s incurred an uncompensated removal cost while assisting with an oil spill cleanup. 

Damages resulting from an oil spill incident include damages to natural resources, real or personal property damage, loss of government revenues, subsistence use, profits and earning capacities and government public services.

Injury to or economic loss resulting from destruction of real property (land or buildings) or other personal property.  Note, this does not include personal injury.

People or entities who own or lease the damaged property. 

Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of property or natural resources. 

Anyone with loss of profits or income.  Note - You do not have to own the damaged property or resources to submit a claim under this category.

Net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources.

Federal agencies, States, and Local governments.

Net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil or directly attributable to response to the oil spill incident. 

States and Local governments.

Loss of subsistence use if the natural resources you depend on for subsistence use purposes have been injured, destroyed, or lost by an oil spill incident.

Anyone who, for subsistence use, depends on natural resources that have been injured, destroyed, or lost.  Note - You do not have to own or manage the natural resource to submit a claim under this category.

All claims, except state government claims for uncompensated removal costs, must first be submitted to the party responsible (RP) for the oil spill. 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 NPFC if the RP cannot be identified.

Uncompensated removal cost claims must be submitted within six years after the date of completion of all removal actions for the incident.  Specifically, the actual date of completion of all removal actions for the incident or the date the FOSC determines that the removal actions which form the basis of the claim is completed, whichever is earlier.

Damage claims must be submitted within three 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.

The NPFC does not have a required form for OSLTF claims submission but has developed an optional claim form to assist claimants with their submission. 

There is no required format for claims. You must, however, support your claim with documentation, put the claim in writing, and sign it.  Additionally, the claimant bears the burden to prove the claim and should provide all the information deemed necessary to support the claim. 

You do not need an attorney to file a claim. If you do use an attorney to assist in preparing or filing a claim, you will not be compensated for the attorney's fees incurred.

You can call the NPFC at the toll-free phone number 1-800-280-7118.  The phone number is monitored Monday – Friday from 7:00 a.m. to 4 p.m. EST.  You can also email the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil.  Calls or emails placed to the NPFC Claims Division after normal working hours, or on Holidays/weekends, will be responded to on the next business day.

You can use either option when submitting a claim to the NPFC Claims Division. 

Electronic claims submissions can be emailed to the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil.  Please note, the NPFC’s email server will only accept email attachments up to 8MB in size and any attachments larger than 8MB will be rejected by the NPFC’s mail server.  As such, the NPFC recommends claimants request a drop-off for any supporting claim documents in excess of 8MB within their claim submission email to the NPFC. Upon receipt of your electronic claim submission and email request to drop-off additional documents, the NPFC will send you a link to the DoD SAFE server that will allow you to upload your additional documents using the NPFC’s Claims Division email account hqs-smb-npfc-claimsinfo@uscg.mil as the recipient of your documents. 

Paper (hard copy) submissions can be mailed directly to the NPFC Claims Division at: 

CG National Pollution Funds Center: Claims 

US Coast Guard Stop 7605  

2703 Martin Luther King Jr Ave. SE  

Washington DC 20593-7605 

Note – all mail intended for the NPFC is screened before delivery to our office.  In the past, the irradiation methods employed during screening have destroyed CDs and thumb-drives mailed to the NPFC in support of claim submissions.  As such, the NPFC Claims Division may ask you to provide your information electronically via the DoD SAFE site if the CDs/thumb drives provided in support of your claim submission are damaged during the screening process. 

When NPFC Claims Division receives a claim, a Claims Manager first reviews the claim 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 in writing. The claimant has 60 days to accept or reject the determination.

Claimants should always rely upon the statutory and regulatory requirements.  The Oil Pollution Act can be viewed at https://uscode.house.gov/view.xhtml?path=/prelim@title33/chapter40&edition=prelim.  The implementing regulations are located at https://www.ecfr.gov/current/title-33/chapter-I/subchapter-M/part-136. 

Lastly, claimants can review the NPFC Claims Division website located at https://www.uscg.mil/Mariners/National-Pollution-Funds-Center/Claims/ where they’ll find summary information of both the statutes and implementing regulations along with the Claimants Guide available in English, Spanish, and Khmer.