U.S. Code » Title 33 » Chapter CHAPTER 40— OIL POLLUTION › Subchapter SUBCHAPTER I— OIL POLLUTION LIABILITY AND COMPENSATION

33 U.S.C. § 2705

Interest; partial payment of claims

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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, 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.

(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 and shall be paid without regard to any limitation of liability under section 2704 of this title.

(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.

(Pub. L. 101–380, title I, § 1005, Aug. 18, 1990, 104 Stat. 493; Pub. L. 104–324, title XI, § 1142(a), Oct. 19, 1996, 110 Stat. 3991; Pub. L. 117–263, div. K, title CXIII, § 11311, Dec. 23, 2022, 136 Stat. 4086; Pub. L. 119–60, div. G, title LXXVII, § 7701(g)(5), Dec. 18, 2025, 139 Stat. 1836.)Editorial NotesReferences in Text

This Act, referred to in subsec. (a), is Pub. L. 101–380, Aug. 18, 1990, 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.

Amendments

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.”

Notes of Decisions
Cited in 10 cases, 1996–2020 · leading case: Nat'l Shipping Co. v. Moran Mid-Atl. Corp., 924 F. Supp. 1436 (E.D. Va. 1996).
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Nat'l Shipping Co. v. Moran Mid-Atl. Corp., 924 F. Supp. 1436 (E.D. Va. 1996). · cites it 4× “” 33 U.S.C. § 2705 (a). The period for which interest is measured begins when the claimant presents his claim to the responsible party and ends on the date the claim is paid.”
United States v. Hyundai Merch. Marine Co., Ltd. Britannia Steam Ship Ins. Ass'n, Ltd., 172 F.3d 1187 (9th Cir. 1999). “33 U.S.C. § 2705 . On the other hand, the Debt Collection Act provides for both interest and penalties on a claim due the United States, 31 U.”
Day v. Sec'y of Health & Human Servs., 129 Fed. Cl. 450 (Fed. Cl. 2016). “See 33 U.S.C. § 2705 (a). 4 . The Federal Circuit recognized that the term "compensation" had different meanings in different portions of the Vaccine Act (and even in the same sentence, see 42 U.”
Unocal Corp. v. United States, 222 F.3d 528 (9th Cir. 2000). · cites it 3× “33 U.S.C. § 2705 (a). By its terms, the OPA permits prejudgment interest only when a “claimant” successfully pursues a claim against a “responsible party.”
Clausen v. M/v New Carissa, 171 F. Supp. 2d 1138 (D. Or. 2001). “33 U.S.C. § 2705 . 7 . Defendants’ expert calculated a figure prior to trial based on an estimated recovery value.”
United States v. Mizhir, 106 F. Supp. 2d 124 (D. Mass. 2000). “33 U.S.C. § 2705 . Those removal costs may also include attorneys’ fees incurred to recover the money expended by the Oil Spill Liability Fund from the responsible party.”
United States v. J.R. Nelson Vessel, Ltd., 1 F. Supp. 2d 172 (E.D.N.Y 1998). “91, with interest pursuant to 33 U.S.C. § 2705 . The Clerk of Court is further directed to enter a declaratory judgment to the effect that the defendants are liable for the costs of removing the Nelson from Greenport Harbor.”
United States v. KCM Mgmt. Inc. (E.D. La. 2020). · cites it 2× “34 Therefore, according to the EPA, this amount is a conservative estimate of the costs incurred as a result of the plugging of the Well.”
United States v. E.R.R. LLC (E.D. La. 2020). “33 U.S.C. § 2705 (b)(1). 126. The removal costs and activities in this matter were reasonable and consistent with the National Contingency Plan, as documented in the NPFC’s final claim determination and as explained by the NPFC’s claims manager Donna Hellberg at trial.”
Union Oil Co. of California v. Buffalo Marine Serv, 538 F. App'x 575 (5th Cir. 2013). “See 33 U.S.C. § 2705 (b)(3). 5 . See Fed.R.Evid.”
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