33 U.S.C. § 2715 — Subrogation

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, or sub- stantial 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 respon- sible 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 (ex- cluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General. (Pub. L. 101–380, title I, § 1015, Aug. 18, 1990, 104 Stat. 502; Pub. L. 104–324, title XI, § 1142(d), Oct. 19, 1996, 110 Stat. 3991; Pub. L. 108–293, title VII, § 706, Aug. 9, 2004, 118 Stat. 1076; Pub. L. 115–91, div. C, title XXXV, § 3508(b)(1)(B), Dec. 12, 2017, 131 Stat. 1916.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, 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. AMENDMENTS 2017—Subsec. (c). Pub. L. 115–91 inserted ‘‘or other fa- cility located seaward of the exclusive economic zone’’ after ‘‘foreign offshore unit’’. 2004—Subsec. (d). Pub. L. 108–293 added subsec. (d). 1996—Subsecs. (b), (c). Pub. L. 104–324 added subsec. (b) and redesignated former subsec. (b) as (c). § 2716. Financial responsibility (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 exclu- sive 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, evi- dence 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 es- tablished only to meet the amount of the max- imum liability applicable to the vessel having the greatest maximum liability. (b) Sanctions (1) Withholding clearance The Secretary of the Treasury shall with- hold or revoke the clearance required by sec- tion 60105 of title 46 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 wa- ters, or (B) detain at the place, any vessel that, upon request, does not produce the evidence of financial responsi- bility required for the vessel under this sec- tion. (3) Seizure of vessel Any vessel subject to the requirements of this section which is found in the navigable waters without the necessary evidence of fi- nancial responsibility for the vessel shall be subject to seizure by and forfeiture to the United States.