Title 33 — Navigation and Navigable Waters
Chapter 40 — Oil Pollution
§ 2705. Interest; partial payment of claims
Statutory text
General rule
The responsible party or the responsible party’s guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.
Period
In general
Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid.
Exclusion of period due to offer by guarantor
If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under section 2713(a) of this title, the period described in paragraph (1) does not include any period before the offer is accepted.
Exclusion of periods in interests of justice
If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall accrue under this section during that period.
Calculation of interest
In general
The interest paid for claims, other than Federal Government cost recovery claims, under this section shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of 180 days or less obtaining on each of the days included within the period for which interest must be paid to the claimant, as published in the Federal Reserve Bulletin.
Federal cost recovery claims
The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with section 3717 of title 31.
Interest not subject to liability limits
In general
Interest (including prejudgment interest) under this paragraph is in addition to damages and removal costs for which claims may be asserted under section 2702 of this title and shall be paid without regard to any limitation of liability under section 2704 of this title.
Payment by guarantor
The payment of interest under this subsection by a guarantor is subject to section 2716(f).1
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Oil Pollution Act of 1990
Pub. L. 101–380 title I § 1005 · 104 Stat. 484
Enacted · 33 U.S.C. § 2705
Pub. L. 101–380, title I, § 1005, Aug. 18, 1990, 104 Stat. 493
Source evidence
Code source credit
Pub. L. 101–380, title I, § 1005, Aug. 18, 1990, 104 Stat. 493Enacted provision · exact public law section
SEC. 1005. INTEREST. (a) General Rule.— The responsible party or the responsible party’s guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). (b) Period.— (1) In general.— Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid. (2) Exclusion of period due to offer by guarantor.— If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under section 1013(a), the period described in paragraph (1) does not include any period before the offer is accepted. (3) Exclusion of periods in interests of justice.— If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall accrue under this section during that period. (4) Calculation of interest.— The interest paid under this section shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of 180 days or less obtaining on each of the days included within the period for which interest must be paid to the claimant, as published in the Federal Reserve Bulletin. (5) Interest not subject to liability limits.— (A) In general.— Interest (including prejudgment interest) under this paragraph is in addition to damages and removal costs for which claims may be asserted under section 1002 and shall be paid without regard to any limitation of liability under section 1004. (B) Payment by guarantor.— The payment of interest under this subsection by a guarantor is subject to section 1016(g).Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1142(a)(1) · 110 Stat. 3901
Inserted · 33 U.S.C. § 2705
Pub. L. 104–324, § 1142(a)(1), inserted “; partial payment of claims” after “Interest” in section catchline
Source evidence
Code amendment note
Pub. L. 104–324, § 1142(a)(1), inserted “; partial payment of claims” after “Interest” in section catchline.Enacted provision · exact public law section
(1) in the title inserting “; PARTIAL PAYMENT OF CLAIMS” before the period; andCoast Guard Authorization Act of 1996
Pub. L. 104–324 § 1142(a)(2) · 110 Stat. 3901
Inserted · 33 U.S.C. § 2705(a)
Pub. L. 104–324, § 1142(a)(2), inserted at end “The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–324, § 1142(a)(2), inserted at end “The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.”Enacted provision · exact public law section
(2) adding at the end of subsection (a) the following: “The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.”.Don Young Coast Guard Authorization Act of 2022
Pub. L. 117–263 div. K title CXIII § 11311 · 136 Stat. 2395
Amended · 33 U.S.C. § 2705(b)(4)
Pub. L. 117–263 designated existing provisions as subpar. (A)
Inserted · 33 U.S.C. § 2705(b)(4)
Pub. L. 117–263 inserted heading
Substituted · 33 U.S.C. § 2705(b)(4)
Pub. L. 117–263 substituted “The interest paid for claims, other than Federal Government cost recovery claims,” for “The interest paid”
Added · 33 U.S.C. § 2705(b)(4)
Pub. L. 117–263 added subpar. (B)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 117–263 designated existing provisions as subpar. (A) and inserted heading, substituted “The interest paid for claims, other than Federal Government cost recovery claims,” for “The interest paid”, and added subpar. (B).Enacted provision · exact public law section
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO NATIONAL POLLUTION FUND. Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2705(b)(4)) is amended— (1) by striking “The interest paid” and inserting the following: “(A) In general.— The interest paid for claims, other than Federal Government cost recovery claims,” ; and (2) by adding at the end the following: “(B) Federal cost recovery claims.— The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with section 3717 of title 31, United States Code.” .Pub. L. 119–60 div. G title LXXVII § 7701(g)(5) · 139 Stat. 1836
Substituted · 33 U.S.C. § 2705(b)(5)(B)
Pub. L. 119–60 substituted “section 2716(f)” for “section 2716(g) of this title”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(5)(B). Pub. L. 119–60 substituted “section 2716(f)” for “section 2716(g) of this title”.
7 of 8 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is Pub. L. 101–380, , 104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
Section 2716(f), referred to in subsec. (b)(5)(B), probably should have been a reference to section 1016(f) in the original, meaning section 1016(f) of Pub. L. 101–380, known as the Oil Pollution Act of 1990, which is classified to section 2716(f) of this title.
Amendments1996–2025 · 3 rounds
2025
Subsec. (b)(5)(B). Pub. L. 119–60 substituted “section 2716(f)” for “section 2716(g) of this title”.
2022
Subsec. (b)(4). Pub. L. 117–263 designated existing provisions as subpar. (A) and inserted heading, substituted “The interest paid for claims, other than Federal Government cost recovery claims,” for “The interest paid”, and added subpar. (B).
1996
Pub. L. 104–324, § 1142(a)(1), inserted “; partial payment of claims” after “Interest” in section catchline.
Subsec. (a). Pub. L. 104–324, § 1142(a)(2), inserted at end “The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.”