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33 U.S.C. § 2715 — Subrogation
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law.
**(b) Interim damages**
(1) **In general** — If a responsible party, a guarantor, or the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) shall apply only with respect to the portion of the claim reflected in the paid interim claim.
(2) **Final damages** — Payment of such a claim shall not foreclose a claimant’s right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law.
**(c) Actions on behalf of Fund** At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to [section 2716 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2716&num=0&edition=prelim)) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the disc
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Source file: Laws/federal/codes/united-states-code/title-33/section-2715-subrogation--765682a248.md
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Source location: Title 33, Chapter 40, § 2715; chapter-040-oil-pollution.md
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**(a) In general** Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law.
**(b) Interim damages**
(1) **In general** — If a responsible party, a guarantor, or the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) shall apply only with respect to the portion of the claim reflected in the paid interim claim.
(2) **Final damages** — Payment of such a claim shall not foreclose a claimant’s right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law.
**(c) Actions on behalf of Fund** At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to [section 2716 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2716&num=0&edition=prelim)) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit or other facility located seaward of the exclusive economic zone.
**(d) Authority to settle** The head of any department or agency responsible for recovering amounts for which a person is liable under this subchapter may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** The responsible party for—
(1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
(2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
(3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.
**(b) Sanctions**
(1) **Withholding clearance** — The Secretary of the Treasury shall withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.
(2) **Denying entry to or detaining vessels** — The Secretary may—
(A) deny entry to any vessel to any place in the United States, or to the navigable waters, or
(B) detain at the place,
any vessel that, upon request, does not produce the evidence of financial responsibility requir
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2716
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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
Page 892
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2715
§ 2715. Subrogation
(a) In general
Any person, including the Fund, who pays
compensation pursuant to this Act to any claim-
ant for removal costs or damages shall be sub-
rogated to all rights, claims, and causes of ac-
tion that the claimant has under any other law.
(b) Interim damages
(1) In general
If a responsible party, a guarantor, or the
Fund has made payment to a claimant for in-
terim, short-term damages representing less
than the full amount of damages to which the
claimant ultimately may be entitled, subroga-
tion under subsection (a) shall apply only with
respect to the portion of the claim reflected in
the paid interim claim.
(2) Final damages
Payment of such a claim shall not foreclose
a claimant’s right to recovery of all damages
to which the claimant otherwise is entitled
under this Act or under any other law.
(c) Actions on behalf of Fund
At the request of the Secretary, the Attorney
General shall commence an action on behalf of
the Fund to recover any compensation paid by
the Fund to any claimant pursuant to this Act,
and all costs incurred by the Fund by reason of
the claim, including interest (including prejudg-
ment interest), administrative and adjudicative
costs, and attorney’s fees. Such an action may
be commenced against any responsible party or
(subject to section 2716 of this title) guarantor,
or against any other person who is liable, pursu-
ant to any law, to the compensated claimant or
to the Fund, for the cost or damages for which
the compensation was paid. Such an action shall
be commenced against the responsible foreign
government or other responsible party to re-
cover any removal costs or damages paid from
the Fund as the result of the discharge, o
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2715
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