---
kind: "section"
citation: "33 U.S.C. § 2715"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2715"
heading: "Subrogation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2715"
units:
  - "Chapter 40 — Oil Pollution"
  - "Subchapter I — Oil Pollution Liability and Compensation"
---

# §2715. Subrogation

- (a) **In general—** Any [person](/usc/33/2701.md?p=27), including the [Fund](/usc/33/2701.md?p=11), who pays compensation pursuant to this Act to any [claimant](/usc/33/2701.md?p=4) for [removal costs](/usc/33/2701.md?p=31) or [damages](/usc/33/2701.md?p=5) shall be subrogated to all rights, [claims](/usc/33/2701.md?p=3), and causes of action that the [claimant](/usc/33/2701.md?p=4) has under any other law.
- (b) **Interim damages—**
  - (1) **In general—** If a [responsible party](/usc/33/2701.md?p=32), a [guarantor](/usc/33/2701.md?p=13), or the [Fund](/usc/33/2701.md?p=11) has made payment to a [claimant](/usc/33/2701.md?p=4) 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, subrogation under [subsection (a)](#a) shall apply only with respect to the portion of the [claim](/usc/33/2701.md?p=3) reflected in the paid interim [claim](/usc/33/2701.md?p=3).
  - (2) **Final damages—** Payment of such a [claim](/usc/33/2701.md?p=3) shall not foreclose a [claimant](/usc/33/2701.md?p=4)’s right to recovery of all [damages](/usc/33/2701.md?p=5) to which the [claimant](/usc/33/2701.md?p=4) otherwise is entitled under this Act or under any other law.
- (c) **Actions on behalf of Fund—** At the request of the [Secretary](/usc/33/2701.md?p=33), the Attorney General shall commence an action on behalf of the [Fund](/usc/33/2701.md?p=11) to recover any compensation paid by the [Fund](/usc/33/2701.md?p=11) to any [claimant](/usc/33/2701.md?p=4) pursuant to this Act, and all costs incurred by the [Fund](/usc/33/2701.md?p=11) by reason of the [claim](/usc/33/2701.md?p=3), including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any [responsible party](/usc/33/2701.md?p=32) or (subject to [section 2716 of this title](/usc/33/2716.md)) [guarantor](/usc/33/2701.md?p=13), or against any other [person](/usc/33/2701.md?p=27) who is liable, pursuant to any law, to the compensated [claimant](/usc/33/2701.md?p=4) or to the [Fund](/usc/33/2701.md?p=11), for the cost or [damages](/usc/33/2701.md?p=5) for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other [responsible party](/usc/33/2701.md?p=32) to recover any [removal costs](/usc/33/2701.md?p=31) or [damages](/usc/33/2701.md?p=5) paid from the [Fund](/usc/33/2701.md?p=11) as the result of the [discharge](/usc/33/2701.md?p=7), or substantial threat of [discharge](/usc/33/2701.md?p=7), of [oil](/usc/33/2701.md?p=23) from a [foreign offshore unit](/usc/33/2701.md?p=10) or other [facility](/usc/33/2701.md?p=9) located seaward of the [exclusive economic zone](/usc/33/2701.md?p=8).
- (d) **Authority to settle—** The head of any department or agency responsible for recovering amounts for which a [person](/usc/33/2701.md?p=27) is liable under this subchapter may consider, compromise, and settle a [claim](/usc/33/2701.md?p=3) for such amounts, including such costs paid from the [Fund](/usc/33/2701.md?p=11), if the [claim](/usc/33/2701.md?p=3) 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](/usc/33/2701.md?p=3) may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General.

## Source credit

(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.)

## Notes

### 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 facility 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).