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.
Period
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.
Exclusion of period due to offer by guarantor
section 2713(a) of this titleIf 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 , the period described in paragraph (1) does not include any period before the offer is accepted.
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.
Calculation of interest
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.
Federal cost recovery claims
section 3717 of title 31The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with .
Interest not subject to liability limits
In general
section 2702 of this titlesection 2704 of this titleInterest (including prejudgment interest) under this paragraph is in addition to damages and removal costs for which claims may be asserted under and shall be paid without regard to any limitation of liability under .
Payment by guarantor
1
Pub. L. 101–380, title I, § 1005104 Stat. 493Pub. L. 104–324, title XI, § 1142(a)110 Stat. 3991Pub. L. 117–263, div. K, title CXIII, § 11311136 Stat. 4086Pub. L. 119–60, div. G, title LXXVII, § 7701(g)(5)139 Stat. 1836(, , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 101–380104 Stat. 484section 2701 of this titleThis Act, referred to in subsec. (a), is , , , 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 and Tables.
section 1016(f) of Pub. L. 101–380section 2716(f) of this titleSection 2716(f), referred to in subsec. (b)(5)(B), probably should have been a reference to section 1016(f) in the original, meaning , known as the Oil Pollution Act of 1990, which is classified to .
Amendments
Pub. L. 119–60section 2716(g) of this title2025—Subsec. (b)(5)(B). substituted “section 2716(f)” for “”.
Pub. L. 117–2632022—Subsec. (b)(4). 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).
Pub. L. 104–324, § 1142(a)(1)1996—, inserted “; partial payment of claims” after “Interest” in section catchline.
Pub. L. 104–324, § 1142(a)(2)Subsec. (a). , 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.”