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33 U.S.C. § 2705 — Interest; partial payment of claims
Federal law — U.S. Code and appendices · legal_authorities
**(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). 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.
**(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 2713(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713/a&num=0&edition=prelim), 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
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Stable record: federal_law:legal_authorities:record_usc_3981303fa4053cd301e52abd
Source file: Laws/federal/codes/united-states-code/title-33/section-2705-interest-partial-payment-of-claims--ed281cc156.md
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Source location: Title 33, Chapter 40, § 2705; chapter-040-oil-pollution.md
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**(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). 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.
**(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 2713(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713/a&num=0&edition=prelim), 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**
(A) *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.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim).
(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 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) and shall be paid without regard to any limitation of liability under [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2704&num=0&edition=prelim).
(B) *Payment by guarantor* — The payment of interest under this subsection by a guarantor is subject to section 2716(f).11 See References in Text note below.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident.
**(b) Covered removal costs and damages**
(1) **Removal costs** — The removal costs referred to in subsection (a) are—
(A) all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim), under the Intervention on the High Seas Act ([33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.), or under State law; and
(B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan.
(2) **Damages** — The damages referred to in subsection (a) are the following:
(A) *Natural resources* — Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee.
(B) *Real or personal property* — Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property.
(C) *Subsistence use* — Damages for loss of subsistenc
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2702
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this Act, the term—
(1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight;
(2) “barrel” means 42 United States gallons at 60 degrees fahrenheit;
(3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;
(4) “claimant” means any person or government who presents a claim for compensation under this subchapter;
(5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages;
(6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4);
(7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
(9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The head of an executive, judicial, or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter.
(2) The Secretary may change the rate of interest for a calendar quarter if the average investment rate for the 12-month period ending at the close of the prior calendar quarter, rounded to the nearest whole percentage point, is more or less than the existing published rate by 2 percentage points.
**(b)** Interest under subsection (a) of this section accrues from the date—
(1) on which notice is mailed after October 25, 1982, if notice was first mailed before October 25, 1982; or
(2) notice of the amount due is first mailed to the debtor at the most current address of the debtor available to the head of the executive or 11 So in original. Probably should be “, judicial, or”. legislative agency, if notice is first mailed after October 24, 1982.
**(c)** The rate of interest charged under subsection (a) of this section—
(1) is the rate in effect on the date from which interest begins to accrue under subsection (b) of this section; and
(2) remains fixed at that rate for the duration of the indebtedness.
**(d)** Interest under subsection (a) of this section may not be charged if the amount due on the claim is paid within 30 days after the date from which interest accrues under subsection (b) of this section. The head of an executive, jud
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3717
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise provided in this section, the total of the liability of a responsible party under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed—
(1) for a tank vessel the greater of—
(A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only, $3,000 per gross ton;
(B) with respect to a vessel other than a vessel referred to in subparagraph (A), $1,900 per gross ton; or
(C)
(i) with respect to a vessel greater than 3,000 gross tons that is—
(I) a vessel described in subparagraph (A), $22,000,000; or
(II) a vessel described in subparagraph (B), $16,000,000; or
(ii) with respect to a vessel of 3,000 gross tons or less that is—
(I) a vessel described in subparagraph (A), $6,000,000; or
(II) a vessel described in subparagraph (B), $4,000,000;
(2) for any other vessel, $950 per gross ton or $800,000, whichever is greater;
(3) for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and
(4) for any onshore facility and a deepwater port, $350,000,000.
**(b) Division of liability for mobile offshore drilling units**
(1) **Treated first as tank vessel** — For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water.
(2)
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2704
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability**
(1) **Liability to United States** — Any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for an amount equal to the sum of—
(A) the amount of response costs and damages resulting from the destruction, loss, or injury; and
(B) interest on that amount calculated in the manner described under [section 2705 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2705&num=0&edition=prelim).
(2) **Liability in rem** — Any vessel used to destroy, cause the loss of, or injure any sanctuary resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury. The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.
(3) **Defenses** — A person is not liable under this subsection if that person establishes that—
(A) the destruction or loss of, or injury to, the sanctuary resource was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care;
(B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or
(C) the destruction, loss, or injury was negligible.
(4) **Limits to liability** — Nothing in sections 4281–4289 of the Revised Statutes of the United States or [section 30706 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30706&num=0&edition=prelim) shall limit the liability of any person under this chapter.
**(b) Response actions and damage assessment**
(1) **Response actions** — The Secretary may undertake
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1443
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty.—**
(1) A person that knowingly violates this chapter or a regulation, order, special permit, or approval issued under this chapter is liable to the United States Government for a civil penalty of not more than $75,000 for each violation. A person acts knowingly when—
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge.
(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $175,000.
(3) If the violation is related to training, a person described in paragraph (1) shall be liable for a civil penalty of at least $450.
(4) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues.
**(b) Hearing Requirement.—** The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty.
**(c) Penalty Considerations.—** In determining the amount of a civil penalty under this section, the Secretary shall consider—
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
(3) other ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5123
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Federal law — U.S. Code and appendices · legal_authorities
Page 883
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2705
after, report to the Congress on the desir-
ability of adjusting the limits of liability spec-
ified in subsection (a).
(4) Adjustment to reflect Consumer Price Index
The President, by regulations issued not
later than 3 years after July 11, 2006, and not
less than every 3 years thereafter, shall adjust
the limits on liability specified in subsection
(a) to reflect significant increases in the Con-
sumer Price Index.
(Pub. L. 101–380, title I, § 1004, Aug. 18, 1990, 104
Stat. 491; Pub. L. 104–55, § 2(d)(1), Nov. 20, 1995,
109 Stat. 546; Pub. L. 105–383, title IV, § 406, Nov.
13, 1998, 112 Stat. 3429; Pub. L. 109–241, title VI,
§ 603(a)(1), (2), (b), July 11, 2006, 120 Stat. 553, 554;
Pub. L. 111–281, title IX, § 903(a)(2), (e)(1), Oct. 15,
2010, 124 Stat. 3010, 3011; Pub. L. 115–232, div. C,
title XXXV, § 3547(c), Aug. 13, 2018, 132 Stat.
2328.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(1), is Pub. L.
101–380, Aug. 18, 1990, 104 Stat. 484, 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.
The Intervention on the High Seas Act, referred to in
subsec. (c)(2)(C), is Pub. L. 93–248, Feb. 5, 1974, 88 Stat.
8, which is classified generally to chapter 28 (§ 1471 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 1471 of this title and Tables.
AMENDMENTS
2018—Subsec. (d)(2)(C). Pub. L. 115–232 substituted
‘‘under subparagraph (A)’’ for ‘‘under this subparagraph
(A)’’.
2010—Subsec. (a)(2). Pub. L. 111–281, § 903(e)(1), struck
ou
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2705
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