---
kind: "section"
citation: "33 U.S.C. § 2705"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2705"
heading: "Interest; partial payment of claims"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2705"
units:
  - "Chapter 40 — Oil Pollution"
  - "Subchapter I — Oil Pollution Liability and Compensation"
---

# §2705. Interest; partial payment of claims

- (a) **General rule—** The [responsible party](/usc/33/2701.md?p=32) or the [responsible party](/usc/33/2701.md?p=32)’s [guarantor](/usc/33/2701.md?p=13) is liable to a [claimant](/usc/33/2701.md?p=4) for interest on the amount paid in satisfaction of a [claim](/usc/33/2701.md?p=3) under this Act for the period described in [subsection (b)](#b). The [responsible party](/usc/33/2701.md?p=32) shall establish a procedure for the payment or settlement of [claims](/usc/33/2701.md?p=3) for interim, short-term [damages](/usc/33/2701.md?p=5). Payment or settlement of a [claim](/usc/33/2701.md?p=3) for interim, short-term [damages](/usc/33/2701.md?p=5) representing less than the full amount of [damages](/usc/33/2701.md?p=5) to which the [claimant](/usc/33/2701.md?p=4) ultimately may be entitled shall not preclude recovery by the [claimant](/usc/33/2701.md?p=4) for [damages](/usc/33/2701.md?p=5) not reflected in the paid or settled partial [claim](/usc/33/2701.md?p=3).
- (b) **Period—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the [claim](/usc/33/2701.md?p=3) is presented to the [responsible party](/usc/33/2701.md?p=32) or [guarantor](/usc/33/2701.md?p=13) and ending on the date on which the [claim](/usc/33/2701.md?p=3) is paid.
  - (2) **Exclusion of period due to offer by guarantor—** If the [guarantor](/usc/33/2701.md?p=13) offers to the [claimant](/usc/33/2701.md?p=4) an amount equal to or greater than that finally paid in satisfaction of the [claim](/usc/33/2701.md?p=3), the period described in [paragraph (1)](#b-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](/usc/33/2701.md?p=3) is presented under [section 2713(a) of this title](/usc/33/2713.md?p=a), the period described in [paragraph (1)](#b-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](/usc/33/2701.md?p=4) is not paid due to reasons beyond the control of the [responsible party](/usc/33/2701.md?p=32) 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](/usc/33/2701.md?p=3), other than Federal Government cost recovery [claims](/usc/33/2701.md?p=3), 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](/usc/33/2701.md?p=4), as published in the Federal Reserve Bulletin.
    - (B) **Federal cost recovery claims—** The interest paid for Federal Government cost recovery [claims](/usc/33/2701.md?p=3) under this section shall be calculated in accordance with [section 3717 of title 31](/usc/31/3717.md).
  - (5) **Interest not subject to liability limits—**
    - (A) **In general—** Interest (including prejudgment interest) under this paragraph is in addition to [damages](/usc/33/2701.md?p=5) and [removal costs](/usc/33/2701.md?p=31) for which [claims](/usc/33/2701.md?p=3) may be asserted under [section 2702 of this title](/usc/33/2702.md) and shall be paid without regard to any limitation of liability under [section 2704 of this title](/usc/33/2704.md).
    - (B) **Payment by guarantor—** The payment of interest under this subsection by a [guarantor](/usc/33/2701.md?p=13) is subject to [section 2716(f)](/usc/33/2716.md?p=f).[^1]

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### References 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.”